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:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, and out

3 of applicable corporate or other revenues, receipts, and

4 funds, for the several departments, agencies, corporations,

5 and other organizational units of the Government for the

6 fiscal year 1996, and for other purposes, namely:

7 TITLE I—OMNIBUS APPROPRIATIONS

8 SEC. 101. (a) Such amounts as may be necessary for

9 programs, projects or activities provided for in the Depart10 ments of Commerce, Justice, and State, the Judiciary, and
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1 Related Agencies Appropriations Act, 1996 at a rate of op2 erations and to the extent and in the manner provided as

3 follows, to be effective as if it had been enacted into law

4 as the regular appropriations Act:

5 AN ACT

6 Making appropriations for the Departments of Com7 merce, Justice, and State, the Judiciary, and related agen8 cies for the fiscal year ending September 30, 1996, and for

9 other purposes.

10 TITLE I—DEPARTMENT OF JUSTICE

11 GENERAL ADMINISTRATION

12 SALARIES AND EXPENSES

13 For expenses necessary for the administration of the

14 Department of Justice, $74,282,000; including not to exceed

15 $3,317,000 for the Facilities Program 2000, and including

16 $5,000,000 for management and oversight of Immigration

17 and Naturalization Service activities, both sums to remain

18 available until expended: Provided, That not to exceed 76

19 permanent positions and 90 full-time equivalent workyears

20 and $9,487,000 shall be expended for the Offices of Legisla21 tive Affairs, Public Affairs and Policy Development: Pro22 vided further, That the latter three aforementioned offices

23 shall not be augmented by personnel details, temporary

24 transfers of personnel on either a reimbursable or non-reim25 bursable basis or any other type of formal or informal
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1 transfer or reimbursement of personnel or funds on either

2 a temporary or long-term basis.

3 COUNTERTERRORISM FUND

4 For necessary expenses, as determined by the Attorney

5 General, $16,898,000, to remain available until expended,

6 to reimburse any Department of Justice organization for

7 (1) the costs incurred in reestablishing the operational ca8 pability of an office or facility which has been damaged

9 or destroyed as a result of the bombing of the Alfred P.

10 Murrah Federal Building in Oklahoma City or any domes11 tic or international terrorist incident, (2) the costs of pro12 viding support to counter, investigate or prosecute domestic

13 or international terrorism, including payment of rewards

14 in connection with these activities, and (3) the costs of con15 ducting a terrorism threat assessment of Federal agencies

16 and their facilities: Provided, That funds provided under

17 this section shall be available only after the Attorney Gen18 eral notifies the Committees on Appropriations of the House

19 of Representatives and the Senate in accordance with sec20 tion 605 of this Act.

21 ADMINISTRATIVE REVIEW AND APPEALS

22 For expenses necessary for the administration of par23 don and clemency petitions and immigration related activi24 ties, $38,886,000: Provided, That the obligated and unobli25 gated balances of funds previously appropriated to the Gen26 eral Administration, Salaries and Expenses appropriation
4

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1 for the Executive Office for Immigration Review and the

2 Office of the Pardon Attorney shall be merged with this ap3 propriation.

4 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

5 REVIEW AND APPEALS

6 For activities authorized by sections 130005 and

7 130007 of Public Law 103–322, $47,780,000, to remain

8 available until expended, which shall be derived from the

9 Violent Crime Reduction Trust Fund: Provided, That the

10 obligated and unobligated balances of funds previously ap11 propriated to the General Administration, Salaries and Ex12 penses appropriation under title VIII of Public Law 103–

13 317 for the Executive Office for Immigration Review shall

14 be merged with this appropriation.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral in carrying out the provisions of the Inspector General

18 Act of 1978, as amended, $28,960,000; including not to ex19 ceed $10,000 to meet unforeseen emergencies of a confiden20 tial character, to be expended under the direction of, and

21 to be accounted for solely under the certificate of, the Attor22 ney General; and for the acquisition, lease, maintenance

23 and operation of motor vehicles without regard to the gen24 eral purchase price limitation.
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1 UNITED STATES PAROLE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Parole

4 Commission as authorized by law, $5,446,000.

5 LEGAL ACTIVITIES

6 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses necessary for the legal activities of the

9 Department of Justice, not otherwise provided for, includ10 ing not to exceed $20,000 for expenses of collecting evidence,

11 to be expended under the direction of, and to be accounted

12 for solely under the certificate of, the Attorney General; and

13 rent of private or Government-owned space in the District

14 of Columbia; $401,929,000; of which not to exceed

15 $10,000,000 for litigation support contracts shall remain

16 available until expended: Provided, That of the funds avail17 able in this appropriation, not to exceed $22,618,000 shall

18 remain available until expended for office automation sys19 tems for the legal divisions covered by this appropriation,

20 and for the United States Attorneys, the Antitrust Division,

21 and offices funded through ‘‘Salaries and Expenses’’, Gen22 eral Administration: Provided further, That of the total

23 amount appropriated, not to exceed $1,000 shall be avail24 able to the United States National Central Bureau,

25 INTERPOL, for official reception and representation ex26 penses: Provided further, That notwithstanding 31 U.S.C.
6

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1 1342, the Attorney General may accept on behalf of the

2 United States and credit to this appropriation, gifts of

3 money, personal property and services, for the purpose of

4 hosting the International Criminal Police Organization’s

5 (INTERPOL) American Regional Conference in the United

6 States during fiscal year 1996.

7 In addition, for reimbursement of expenses of the De8 partment of Justice associated with processing cases under

9 the National Childhood Vaccine Injury Act of 1986, not to

10 exceed $4,028,000, to be appropriated from the Vaccine In11 jury Compensation Trust Fund, as authorized by section

12 6601 of the Omnibus Budget Reconciliation Act, 1989, as

13 amended by Public Law 101–512 (104 Stat. 1289).

14 In addition, for Salaries and Expenses, General Legal

15 Activities, $12,000,000 shall be made available to be derived

16 by transfer from unobligated balances of the Working Cap17 ital Fund in the Department of Justice.

18 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

19 ACTIVITIES

20 For the expeditious deportation of denied asylum ap21 plicants, as authorized by section 130005 of Public Law

22 103–322, $7,591,000, to remain available until expended,

23 which shall be derived from the Violent Crime Reduction

24 Trust Fund.
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1 SALARIES AND EXPENSES, ANTITRUST DIVISION

2 For expenses necessary for the enforcement of antitrust

3 and kindered laws, $65,783,000: Provided, That notwith4 standing any other provision of law, not to exceed

5 $48,262,000 of offsetting collections derived from fees col6 lected for premeger notification filings under the Hart7 Scott-Rodino Antitrust Improvements Act of 1976 (15

8 U.S.C. 18(a)) shall be retained and used for necessary ex9 penses in this appropriation, and shall remain available

10 until expended: Provided further, That the sum herein ap11 propriated from the General Fund shall be reduced as such

12 offsetting collections are received during fiscal year 1996,

13 so as to result in a final fiscal year 1996 appropriation

14 from the General Fund estimated at not more than

15 $17,521,000: Provided further, That any fees received in ex16 cess of $48,262,000 in fiscal year 1996, shall remain avail17 able until expended, but shall not be available for obligation

18 until October 1, 1996.

19 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

20 For necessary expenses of the Office of the United

21 States Attorneys, including intergovernmental agreements,

22 $895,509,000, of which not to exceed $2,500,000 shall be

23 available until September 30, 1997 for the purposes of (1)

24 providing training of personnel of the Department of Jus25 tice in debt collection, (2) providing services to the Depart26 ment of Justice related to locating debtors and their prop-
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1 erty, such as title searches, debtor skiptracing, asset

2 searches, credit reports and other investigations, (3) paying

3 the costs of the Department of Justice for the sale of prop4 erty not covered by the sale proceeds, such as auctioneers’

5 fees and expenses, maintenance and protection of property

6 and businesses, advertising and title search and surveying

7 costs, and (4) paying the costs of processing and tracking

8 debts owed to the United States Government: Provided,

9 That of the total amount appropriated, not to exceed $8,000

10 shall be available for official reception and representation

11 expenses: Provided further, That not to exceed $10,000,000

12 of those funds available for automated litigation support

13 contracts and $4,000,000 for security equipment shall re14 main available until expended: Provided further, That in

15 addition to reimbursable full-time equivalent workyears

16 available to the Office of the United States Attorneys, not

17 to exceed 8,595 positions and 8,862 full-time equivalent

18 workyears shall be supported from the funds appropriated

19 in this Act for the United States Attorneys.

20 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

21 ATTORNEYS

22 For activities authorized by sections 190001(d), 40114

23 and 130005 of Public Law 103–322, $30,000,000, to remain

24 available until expended, which shall be derived from the

25 Violent Crime Reduction Trust Fund, of which $20,269,000

26 shall be available to help meet increased demands for litiga-
9

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1 tion and related activities, $500,000 to implement a pro2 gram to appoint additional Federal Victim’s Counselors,

3 and $9,231,000 for expeditious deportation of denied asy4 lum applicants.

5 UNITED STATES TRUSTEE SYSTEM FUND

6 For necessary expenses of the United States Trustee

7 Program, $102,390,000, as authorized by 28 U.S.C.

8 589a(a), to remain available until expended, for activities

9 authorized by section 115 of the Bankruptcy Judges, United

10 States Trustees, and Family Farmer Bankruptcy Act of

11 1986 (Public Law 99–554), which shall be derived from the

12 United States Trustee System Fund: Provided, That depos13 its to the Fund are available in such amounts as may be

14 necessary to pay refunds due depositors: Provided further,

15 That, notwithstanding any other provision of law, not to

16 exceed $44,191,000 of offsetting collections derived from fees

17 collected pursuant to section 589a(f) of title 28, United

18 States Code, as amended, shall be retained and used for nec19 essary expenses in this appropriation: Provided further,

20 That the $102,390,000 herein appropriated from the United

21 States Trustee System Fund shall be reduced as such offset22 ting collections are received during fiscal year 1996, so as

23 to result in a final fiscal year 1996 appropriation from

24 such Fund estimated at not more than $58,199,000: Pro25 vided further, That any of the aforementioned fees collected

26 in excess of $44,191,000 in fiscal year 1996 shall remain
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1 available until expended, but shall not be available for obli2 gation until October 1, 1996.

3 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

4 COMMISSION

5 For expenses necessary to carry out the activities of

6 the Foreign Claims Settlement Commission, including serv7 ices as authorized by 5 U.S.C. 3109, $830,000.

8 SALARIES AND EXPENSES, UNITED STATES MARSHALS

9 SERVICE

10 For necessary expenses of the United States Marshals

11 Service; including the acquisition, lease, maintenance, and

12 operation of vehicles and aircraft, and the purchase of pas13 senger motor vehicles for police-type use without regard to

14 the general purchase price limitation for the current fiscal

15 year; $423,248,000, as authorized by 28 U.S.C. 561(i), of

16 which not to exceed $6,000 shall be available for official

17 reception and representation expenses.

18 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

19 MARSHALS SERVICE

20 For activities authorized by section 190001(b) of Pub21 lic Law 103–322, $25,000,000, to remain available until

22 expended, which shall be derived from the Violent Crime

23 Reduction Trust Fund.
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1 FEDERAL PRISONER DETENTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses related to United States prisoners in the

4 custody of the United States Marshals Service as authorized

5 in 18 U.S.C. 4013, but not including expenses otherwise

6 provided for in appropriations available to the Attorney

7 General; $252,820,000, as authorized by 28 U.S.C. 561(i),

8 to remain available until expended.

9 In addition, for Federal Prisoner Detention,

10 $9,000,000 shall be made available until expended to be de11 rived by transfer from unobligated balances of the Working

12 Capital Fund in the Department of Justice.

13 FEES AND EXPENSES OF WITNESSES

14 For expenses, mileage, compensation, and per diems

15 of witnesses, for expenses of contracts for the procurement

16 and supervision of expert witnesses, for private counsel ex17 penses, and for per diems in lieu of subsistence, as author18 ized by law, including advances, $85,000,000, to remain

19 available until expended; of which not to exceed $4,750,000

20 may be made available for planning, construction, renova21 tions, maintenance, remodeling, and repair of buildings

22 and the purchase of equipment incident thereto for protected

23 witness safesites; of which not to exceed $1,000,000 may be

24 made available for the purchase and maintenance of ar25 mored vehicles for transportation of protected witnesses;

26 and of which not to exceed $4,000,000 may be made avail-
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1 able for the purchase, installation and maintenance of a

2 secure automated information network to store and retrieve

3 the identities and locations of protected witnesses.

4 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

5 For necessary expenses of the Community Relations

6 Service, established by title X of the Civil Rights Act of

7 1964, $5,319,000: Provided, That notwithstanding any

8 other provision of this title, upon a determination by the

9 Attorney General that emergent circumstances require addi10 tional funding for conflict prevention and resolution activi11 ties of the Community Relations Service, the Attorney Gen12 eral may transfer such amounts to the Community Rela13 tions Service, from available appropriations for the current

14 fiscal year for the Department of Justice, as may be nec15 essary to respond to such circumstances: Provided further,

16 That any transfer pursuant to this section shall be treated

17 as a reprogramming under section 605 of this Act and shall

18 not be available for obligation or expenditure except in com19 pliance with the procedures set forth in that section.

20 ASSETS FORFEITURE FUND

21 For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),

22 (B), (C), (F), and (G), as amended, $30,000,000 to be de23 rived from the Department of Justice Assets Forfeiture

24 Fund.
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1 RADIATION EXPOSURE COMPENSATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses in accordance

4 with the Radiation Exposure Compensation Act,

5 $2,655,000.

6 PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST

7 FUND

8 For payments to the Radiation Exposure Compensa9 tion Trust Fund, $16,264,000, to become available on Octo10 ber 1, 1996.

11 INTERAGENCY LAW ENFORCEMENT

12 INTERAGENCY CRIME AND DRUG ENFORCEMENT

13 For necessary expenses for the detection, investigation,

14 and prosecution of individuals involved in organized crime

15 drug trafficking not otherwise provided for, to include inter16 governmental agreements with State and local law enforce17 ment agencies engaged in the investigation and prosecution

18 of individuals involved in organized crime drug trafficking,

19 $359,843,000, of which $50,000,000 shall remain available

20 until expended: Provided, That any amounts obligated from

21 appropriations under this heading may be used under au22 thorities available to the organizations reimbursed from this

23 appropriation: Provided further, That any unobligated bal24 ances remaining available at the end of the fiscal year shall

25 revert to the Attorney General for reallocation among par26 ticipating organizations in succeeding fiscal years, subject
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1 to the reprogramming procedures described in section 605

2 of this Act.

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary for detection, investigation, and

7 prosecution of crimes against the United States; including

8 purchase for police-type use of not to exceed 1,815 passenger

9 motor vehicles of which 1,300 will be for replacement only,

10 without regard to the general purchase price limitation for

11 the current fiscal year, and hire of passenger motor vehicles;

12 acquisition, lease, maintenance and operation of aircraft;

13 and not to exceed $70,000 to meet unforeseen emergencies

14 of a confidential character, to be expended under the direc15 tion of, and to be accounted for solely under the certificate

16 of, the Attorney General; $2,189,183,000, of which not to

17 exceed $50,000,000 for automated data processing and tele18 communications and technical investigative equipment and

19 $1,000,000 for undercover operations shall remain available

20 until September 30, 1997; of which not less than

21 $102,345,000 shall be for counterterrorism investigations,

22 foreign counterintelligence, and other activities related to

23 our national security; of which not to exceed $98,400,000

24 shall remain available until expended; of which not to ex25 ceed $10,000,000 is authorized to be made available for

26 making payments or advances for expenses arising out of
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1 contractual or reimbursable agreements with State and

2 local law enforcement agencies while engaged in cooperative

3 activities related to violent crime, terrorism, organized

4 crime, and drug investigations; and of which $1,500,000

5 shall be available to maintain an independent program of6 fice dedicated solely to the relocation of the Criminal Justice

7 Information Services Division and the automation of fin8 gerprint identification services: Provided, That not to ex9 ceed $45,000 shall be available for official reception and

10 representation expenses: Provided further, That $58,000,000

11 shall be made available for NCIC 2000, of which not less

12 than $35,000,000 shall be derived from ADP and Tele13 communications unobligated balances, and of which

14 $22,000,000 shall be derived by transfer and available until

15 expended from unobligated balances in the Working Capital

16 Fund of the Department of Justice.

17 VIOLENT CRIME REDUCTION PROGRAMS

18 For activities authorized by Public Law 103–322,

19 $218,300,000, to remain available until expended, which

20 shall be derived from the Violent Crime Reduction Trust

21 Fund, of which $208,800,000 shall be for activities author22 ized by section 190001(c); $4,000,000 for Training and In23 vestigative Assistance authorized by section 210501(c)(2);

24 and $5,500,000 for establishing DNA quality assurance and

25 proficiency testing standards, establishing an index to fa26 cilitate law enforcement exchange of DNA identification in-
16

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1 formation, and related activities authorized by section

2 210306.

3 CONSTRUCTION

4 For necessary expenses to construct or acquire build5 ings and sites by purchase, or as otherwise authorized by

6 law (including equipment for such buildings); conversion

7 and extension of federally-owned buildings; and prelimi8 nary planning and design of projects; $97,589,000, to re9 main available until expended.

10 DRUG ENFORCEMENT ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Drug Enforcement Ad13 ministration, including not to exceed $70,000 to meet un14 foreseen emergencies of a confidential character, to be ex15 pended under the direction of, and to be accounted for solely

16 under the certificate of, the Attorney General; expenses for

17 conducting drug education and training programs, includ18 ing travel and related expenses for participants in such pro19 grams and the distribution of items of token value that pro20 mote the goals of such programs; purchase of not to exceed

21 1,208 passenger motor vehicles, of which 1,178 will be for

22 replacement only, for police-type use without regard to the

23 general purchase price limitation for the current fiscal year;

24 and acquisition, lease, maintenance, and operation of air25 craft; $750,168,000, of which not to exceed $1,800,000 for

26 research and $15,000,000 for transfer to the Drug Diversion
17

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1 Control Fee Account for operating expenses shall remain

2 available until expended, and of which not to exceed

3 $4,000,000 for purchase of evidence and payments for infor4 mation, not to exceed $4,000,000 for contracting for ADP

5 and telecommunications equipment, and not to exceed

6 $2,000,000 for technical and laboratory equipment shall re7 main available until September 30, 1997, and of which not

8 to exceed $50,000 shall be available for official reception

9 and representation expenses.

10 VIOLENT CRIME REDUCTION PROGRAMS

11 For activities authorized by sections 180104 and

12 190001(b) of Public Law 103–322, $60,000,000, to remain

13 available until expended, which shall be derived from the

14 Violent Crime Reduction Trust Fund.

15 IMMIGRATION AND NATURALIZATION SERVICE

16 SALARIES AND EXPENSES

17 For expenses, not otherwise provided for, necessary for

18 the administration and enforcement of the laws relating to

19 immigration, naturalization, and alien registration, in20 cluding not to exceed $50,000 to meet unforeseen emer21 gencies of a confidential character, to be expended under

22 the direction of, and to be accounted for solely under the

23 certificate of, the Attorney General; purchase for police-type

24 use (not to exceed 813 of which 177 are for replacement

25 only) without regard to the general purchase price limita26 tion for the current fiscal year, and hire of passenger motor
18

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1 vehicles; acquisition, lease, maintenance and operation of

2 aircraft; and research related to immigration enforcement;

3 $1,394,825,000, of which $36,300,000 shall remain avail4 able until September 30, 1997; of which $506,800,000 is

5 available for the Border Patrol; of which not to exceed

6 $400,000 for research shall remain available until ex7 pended; and of which not to exceed $10,000,000 shall be

8 available for costs associated with the training program for

9 basic officer training: Provided, That none of the funds

10 available to the Immigration and Naturalization Service

11 shall be available for administrative expenses to pay any

12 employee overtime pay in an amount in excess of $25,000

13 during the calendar year beginning January 1, 1996: Pro14 vided further, That uniforms may be purchased without re15 gard to the general purchase price limitation for the current

16 fiscal year: Provided further, That not to exceed $5,000

17 shall be available for official reception and representation

18 expenses: Provided further, That the Attorney General may

19 transfer to the Department of Labor and the Social Security

20 Administration not to exceed $10,000,000 for programs to

21 verify the immigration status of persons seeking employ22 ment in the United States: Provided further, That none of

23 the funds provided in this or any other Act shall be used

24 for the continued operation of the San Clemente and

25 Temecula checkpoints unless: (1) the checkpoints are open
19

HR 3019 EAS

1 and traffic is being checked on a continuous 24-hour basis

2 and (2) the Immigration and Naturalization Service under3 takes a commuter lane facilitation pilot program at the San

4 Clemente checkpoint within 90 days of enactment of this

5 Act: Provided further, That the Immigration and Natu6 ralization Service shall undertake the renovation and im7 provement of the San Clemente checkpoint, to include the

8 addition of two to four lanes, and which shall be exempt

9 from Federal procurement regulations for contract forma10 tion, from within existing balances in the Immigration and

11 Naturalization Service Construction account: Provided fur12 ther, That if renovation of the San Clemente checkpoint is

13 not completed by July 1, 1996, the San Clemente checkpoint

14 will close until such time as the renovations and improve15 ments are completed unless funds for the continued oper16 ation of the checkpoint are provided and made available

17 for obligation and expenditure in accordance with proce18 dures set forth in section 605 of this Act, as the result of

19 certification by the Attorney General that exigent cir20 cumstances require the checkpoint to be open and delays

21 in completion of the renovations are not the result of any

22 actions that are or have been in the control of the Depart23 ment of Justice: Provided further, That the Office of Public

24 Affairs at the Immigration and Naturalization Service

25 shall conduct its business in areas only relating to its
20

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1 central mission, including: research, analysis, and dissemi2 nation of information, through the media and other commu3 nications outlets, relating to the activities of the Immigra4 tion and Naturalization Service: Provided further, That the

5 Office of Congressional Relations at the Immigration and

6 Naturalization Service shall conduct business in areas only

7 relating to its central mission, including: providing services

8 to Members of Congress relating to constituent inquiries

9 and requests for information; and working with the relevant

10 congressional committees on proposed legislation affecting

11 immigration matters: Provided further, That in addition

12 to amounts otherwise made available in this title to the At13 torney General, the Attorney General is authorized to accept

14 and utilize, on behalf of the United States, the $100,000

15 Innovation in American Government Award for 1995 from

16 the Ford Foundation for the Immigration and Naturaliza17 tion Service’s Operation Jobs program.

18 VIOLENT CRIME REDUCTION PROGRAMS

19 For activities authorized by sections 130005, 130006,

20 and 130007 of Public Law 103–322, $316,198,000, to re21 main available until expended, which will be derived from

22 the Violent Crime Reduction Trust Fund, of which

23 $38,704,000 shall be for expeditious deportation of denied

24 asylum applicants, $231,570,000 for improving border con25 trols, and $45,924,000 for expanded special deportation
21

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1 proceedings: Provided, That of the amounts made available,

2 $75,765,000 shall be for the Border Patrol.

3 CONSTRUCTION

4 For planning, construction, renovation, equipping and

5 maintenance of buildings and facilities necessary for the ad6 ministration and enforcement of the laws relating to immi7 gration, naturalization, and alien registration, not other8 wise provided for, $25,000,000, to remain available until

9 expended.

10 FEDERAL PRISON SYSTEM

11 SALARIES AND EXPENSES

12 For expenses necessary for the administration, oper13 ation, and maintenance of Federal penal and correctional

14 institutions, including purchase (not to exceed 853, of which

15 559 are for replacement only) and hire of law enforcement

16 and passenger motor vehicles; and for the provision of tech17 nical assistance and advice on corrections related issues to

18 foreign governments; $2,567,578,000: Provided, That there

19 may be transferred to the Health Resources and Services

20 Administration such amounts as may be necessary, in the

21 discretion of the Attorney General, for direct expenditures

22 by that Administration for medical relief for inmates of

23 Federal penal and correctional institutions: Provided fur24 ther, That the Director of the Federal Prison System (FPS),

25 where necessary, may enter into contracts with a fiscal

26 agent/fiscal intermediary claims processor to determine the
22

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1 amounts payable to persons who, on behalf of the FPS, fur2 nish health services to individuals committed to the custody

3 of the FPS: Provided further, That uniforms may be pur4 chased without regard to the general purchase price limita5 tion for the current fiscal year: Provided further, That not

6 to exceed $6,000 shall be available for official reception and

7 representation expenses: Provided further, That not to ex8 ceed $50,000,000 for the activation of new facilities shall

9 remain available until September 30, 1997: Provided fur10 ther, That of the amounts provided for Contract Confine11 ment, not to exceed $20,000,000 shall remain available

12 until expended to make payments in advance for grants,

13 contracts and reimbursable agreements and other expenses

14 authorized by section 501(c) of the Refugee Education As15 sistance Act of 1980 for the care and security in the United

16 States of Cuban and Haitian entrants: Provided further,

17 That no funds appropriated in this Act shall be used to

18 privatize any Federal prison facilities located in Forrest

19 City, Arkansas, and Yazoo City, Mississippi.

20 VIOLENT CRIME REDUCTION PROGRAMS

21 For substance abuse treatment in Federal prisons as

22 authorized by section 32001(e) of Public Law 103–322,

23 $13,500,000, to remain available until expended, which

24 shall be derived from the Violent Crime Reduction Trust

25 Fund.
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1 BUILDINGS AND FACILITIES

2 For planning, acquisition of sites and construction of

3 new facilities; leasing the Oklahoma City Airport Trust Fa4 cility; purchase and acquisition of facilities and remodeling

5 and equipping of such facilities for penal and correctional

6 use, including all necessary expenses incident thereto, by

7 contract or force account; and constructing, remodeling,

8 and equipping necessary buildings and facilities at existing

9 penal and correctional institutions, including all necessary

10 expenses incident thereto, by contract or force account;

11 $334,728,000, to remain available until expended, of which

12 not to exceed $14,074,000 shall be available to construct

13 areas for inmate work programs: Provided, That labor of

14 United States prisoners may be used for work performed

15 under this appropriation: Provided further, That not to ex16 ceed 10 percent of the funds appropriated to ‘‘Buildings and

17 Facilities’’ in this Act or any other Act may be transferred

18 to ‘‘Salaries and Expenses’’, Federal Prison System upon

19 notification by the Attorney General to the Committees on

20 Appropriations of the House of Representatives and the

21 Senate in compliance with provisions set forth in section

22 605 of this Act: Provided further, That of the total amount

23 appropriated, not to exceed $22,351,000 shall be available

24 for the renovation and construction of United States Mar25 shals Service prisoner holding facilities.
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1 FEDERAL PRISON INDUSTRIES, INCORPORATED

2 The Federal Prison Industries, Incorporated, is hereby

3 authorized to make such expenditures, within the limits of

4 funds and borrowing authority available, and in accord

5 with the law, and to make such contracts and commitments,

6 without regard to fiscal year limitations as provided by sec7 tion 9104 of title 31, United States Code, as may be nec8 essary in carrying out the program set forth in the budget

9 for the current fiscal year for such corporation, including

10 purchase of (not to exceed five for replacement only) and

11 hire of passenger motor vehicles.

12 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

13 PRISON INDUSTRIES, INCORPORATED

14 Not to exceed $3,559,000 of the funds of the corporation

15 shall be available for its administrative expenses, and for

16 services as authorized by 5 U.S.C. 3109, to be computed

17 on an accrual basis to be determined in accordance with

18 the corporation’s current prescribed accounting system, and

19 such amounts shall be exclusive of depreciation, payment

20 of claims, and expenditures which the said accounting sys21 tem requires to be capitalized or charged to cost of commod22 ities acquired or produced, including selling and shipping

23 expenses, and expenses in connection with acquisition, con24 struction, operation, maintenance, improvement, protec25 tion, or disposition of facilities and other property belong26 ing to the corporation or in which it has an interest.
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1 OFFICE OF JUSTICE PROGRAMS

2 JUSTICE ASSISTANCE

3 For grants, contracts, cooperative agreements, and

4 other assistance authorized by title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968, as amended, and the

6 Missing Children’s Assistance Act, as amended, including

7 salaries and expenses in connection therewith, and with the

8 Victims of Crime Act of 1984, as amended, $99,977,000,

9 to remain available until expended, as authorized by section

10 1001 of title I of the Omnibus Crime Control and Safe

11 Streets Act, as amended by Public Law 102–534 (106 Stat.

12 3524).

13 VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE

14 ASSISTANCE

15 For assistance (including amounts for administrative

16 costs for management and administration, which amounts

17 shall be transferred to and merged with the ‘‘Justice Assist18 ance’’ account) authorized by the Violent Crime Control and

19 Law Enforcement Act of 1994, Public Law 103–322 (‘‘the

20 1994 Act’’); the Omnibus Crime Control and Safe Streets

21 Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims

22 of Child Abuse Act of 1990, as amended (‘‘the 1990 Act’’);

23 $202,400,000, to remain available until expended, which

24 shall be derived from the Violent Crime Reduction Trust

25 Fund; of which $6,000,000 shall be for the Court Appointed

26 Special Advocate Program, as authorized by section 218 of
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1 the 1990 Act; $750,000 for Child Abuse Training Programs

2 for Judicial Personnel and Practitioners, as authorized by

3 section 224 of the 1990 Act; $130,000,000 for Grants to

4 Combat Violence Against Women to States, units of local

5 governments and Indian tribal governments, as authorized

6 by section 1001(a)(18) of the 1968 Act; $28,000,000 for

7 Grants to Encourage Arrest Policies to States, units of local

8 governments and Indian tribal governments, as authorized

9 by section 1001(a)(19) of the 1968 Act; $7,000,000 for

10 Rural Domestic Violence and Child Abuse Enforcement As11 sistance Grants, as authorized by section 40295 of the 1994

12 Act; $1,000,000 for training programs to assist probation

13 and parole officers who work with released sex offenders,

14 as authorized by section 40152(c) of the Violent Crime Con15 trol and Law Enforcement Act of 1994; $50,000 for grants

16 for televised testimony, as authorized by section 1001(a)(7)

17 of the Omnibus Crime Control and Safe Streets Act of 1968;

18 $200,000 for the study of State databases on the incidence

19 of sexual and domestic violence, as authorized by section

20 40292 of the Violent Crime Control and Law Enforcement

21 Act of 1994; $1,500,000 for national stalker and domestic

22 violence reduction, as authorized by section 40603 of the

23 1994 Act; $27,000,000 for grants for residential substance

24 abuse treatment for State prisoners authorized by section

25 1001(a)(17) of the 1968 Act; and $900,000 for the Missing
27

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1 Alzheimer’s Disease Patient Alert Program, as authorized

2 by section 240001(d) of the 1994 Act: Provided, That any

3 balances for these programs shall be transferred to and

4 merged with this appropriation.

5 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

6 For grants, contracts, cooperative agreements, and

7 other assistance authorized by part E of title I of the Omni8 bus Crime Control and Safe Streets Act of 1968, as amend9 ed, for State and Local Narcotics Control and Justice As10 sistance Improvements, notwithstanding the provisions of

11 section 511 of said Act, $388,000,000, to remain available

12 until expended, as authorized by section 1001 of title I of

13 said Act, as amended by Public Law 102–534 (106 Stat.

14 3524), of which $60,000,000 shall be available to carry out

15 the provisions of chapter A of subpart 2 of part E of title

16 I of said Act, for discretionary grants under the Edward

17 Byrne Memorial State and Local Law Enforcement Assist18 ance Programs: Provided, That balances of amounts appro19 priated prior to fiscal year 1995 under the authorities of

20 this account shall be transferred to and merged with this

21 account.

22 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL

23 LAW ENFORCEMENT ASSISTANCE

24 For assistance (including amounts for administrative

25 costs for management and administration, which amounts

26 shall be transferred to and merged with the ‘‘Justice Assist-
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1 ance’’ account) authorized by the Violent Crime Control and

2 Law Enforcement Act of 1994, Public Law 103–322 (‘‘the

3 1994 Act’’); the Omnibus Crime Control and Safe Streets

4 Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims

5 of Child Abuse Act of 1990, as amended (‘‘the 1990 Act’’);

6 $3,005,200,000, to remain available until expended, which

7 shall be derived from the Violent Crime Reduction Trust

8 Fund; of which $1,903,000,000 shall be for Local Law En9 forcement Block Grants, pursuant to H.R. 728 as passed

10 by the House of Representatives on February 14, 1995 for

11 the purposes set forth in paragraphs (A), (B), (D), (F), and

12 (I) of section 101(a)(2) of H.R. 728 and for establishing

13 crime prevention programs involving cooperation between

14 community residents and law enforcement personnel in

15 order to control, detect, or investigate crime or the prosecu16 tion of criminals: Provided, That recipients are encouraged

17 to use these funds to hire additional law enforcement offi18 cers: Provided further, That no less than $975,000,000 of

19 this amount shall be available for Public Safety and Com20 munity Policing grants pursuant to title I of the 1994 Act:

21 Provided further, That no less than $20,000,000 shall be

22 for the District of Columbia Metropolitan Police Depart23 ment to be used at the discretion of the police chief for law

24 enforcement purposes, conditioned upon prior written con25 sultation and notification being given to the chairman and
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1 ranking members of the House and Senate Committees on

2 the Judiciary and Appropriations: Provided further, That

3 no less than $25,000,000 of this amount shall be for drug

4 courts pursuant to title V of the 1994 Act: Provided further,

5 That not less than $20,000,000 of this amount shall be for

6 Boys & Girls Clubs of America for the establishment of Boys

7 & Girls Clubs in public housing facilities and other areas

8 in cooperation with State and local law enforcement: Pro9 vided further, That not less than $80,000,000 of such

10 amount shall be for crime prevention block grants pursuant

11 to subtitle B of title III of the 1994 Act: Provided further,

12 That funds may also be used to defray the costs of indem13 nification insurance for law enforcement officers: Provided

14 further, That $10,000,000 of this amount shall be available

15 for programs of Police Corps education, training and serv16 ice as set forth in sections 200101–200113 of the 1994 Act;

17 $25,000,000 for grants to upgrade criminal records, as au18 thorized by section 106(b) of the Brady Handgun Violence

19 Prevention Act of 1993, as amended, and section 4(b) of

20 the National Child Protection Act of 1993; $147,000,000 as

21 authorized by section 1001 of title I of the 1968 Act, which

22 shall be available to carry out the provisions of subpart 1,

23 part E of title I of the 1968 Act, notwithstanding section

24 511 of said Act, for the Edward Byrne Memorial State and

25 Local Law Enforcement Assistance Programs; $300,000,000
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1 for the State Criminal Alien Assistance Program, as au2 thorized by section 242(j) of the Immigration and National3 ity Act, as amended; $617,500,000 for Violent Offender In4 carceration and Truth in Sentencing Incentive Grants pur5 suant to subtitle A of title II of the Violent Crime Control

6 and Law Enforcement Act of 1994 (as amended by section

7 114 of this Act), of which $200,000,000 shall be available

8 for payments to States for incarceration of criminal aliens,

9 and of which $12,500,000 shall be available for the Coopera10 tive Agreement Program; $1,000,000 for grants to States

11 and units of local government for projects to improve DNA

12 analysis, as authorized by section 1001(a)(22) of the 1968

13 Act; $9,000,000 for Improved Training and Technical Auto14 mation Grants, as authorized by section 210501(c)(1) of the

15 1994 Act; $1,000,000 for Law Enforcement Family Support

16 Programs, as authorized by section 1001(a)(21) of the 1968

17 Act; $500,000 for Motor Vehicle Theft Prevention Programs,

18 as authorized by section 220002(h) of the 1994 Act;

19 $1,000,000 for Gang Investigation Coordination and Infor20 mation Collection, as authorized by section 150006 of the

21 1994 Act; $200,000 for grants as authorized by section

22 32201(c)(3) of the 1994 Act: Provided further, That funds

23 made available in fiscal year 1996 under subpart 1 of part

24 E of title I of the Omnibus Crime Control and Safe Streets

25 Act of 1968, as amended, may be obligated for programs
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1 to assist States in the litigation processing of death penalty

2 Federal habeas corpus petitions: Provided further, That any

3 1995 balances for these programs shall be transferred to and

4 merged with this appropriation: Provided further, That if

5 a unit of local government uses any of the funds made avail6 able under this title to increase the number of law enforce7 ment officers, the unit of local government will achieve a

8 net gain in the number of law enforcement officers who per9 form nonadministrative public safety service.

10 WEED AND SEED PROGRAM FUND

11 For necessary expenses, including salaries and related

12 expenses of the Executive Office for Weed and Seed, to im13 plement ‘‘Weed and Seed’’ program activities, $28,500,000,

14 which shall be derived from discretionary grants provided

15 under the Edward Byrne Memorial State and Local Law

16 Enforcement Assistance Programs, to remain available

17 until expended for intergovernmental agreements, including

18 grants, cooperative agreements, and contracts, with State

19 and local law enforcement agencies engaged in the inves20 tigation and prosecution of violent crimes and drug offenses

21 in ‘‘Weed and Seed’’ designated communities, and for either

22 reimbursements or transfers to appropriation accounts of

23 the Department of Justice and other Federal agencies which

24 shall be specified by the Attorney General to execute the

25 ‘‘Weed and Seed’’ program strategy: Provided, That funds

26 designated by Congress through language for other Depart-
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1 ment of Justice appropriation accounts for ‘‘Weed and

2 Seed’’ program activities shall be managed and executed by

3 the Attorney General through the Executive Office for Weed

4 and Seed: Provided further, That the Attorney General may

5 direct the use of other Department of Justice funds and per6 sonnel in support of ‘‘Weed and Seed’’ program activities

7 only after the Attorney General notifies the Committees on

8 Appropriations of the House of Representatives and the

9 Senate in accordance with section 605 of this Act.

10 JUVENILE JUSTICE PROGRAMS

11 For grants, contracts, cooperative agreements, and

12 other assistance authorized by the Juvenile Justice and De13 linquency Prevention Act of 1974, as amended, including

14 salaries and expenses in connection therewith to be trans15 ferred to and merged with the appropriations for Justice

16 Assistance, $144,000,000, to remain available until ex17 pended, as authorized by section 299 of part I of title II

18 and section 506 of title V of the Act, as amended by Public

19 Law 102–586, of which: (1) $100,000,000 shall be available

20 for expenses authorized by parts A, B, and C of title II

21 of the Act; (2) $10,000,000 shall be available for expenses

22 authorized by sections 281 and 282 of part D of title II

23 of the Act for prevention and treatment programs relating

24 to juvenile gangs; (3) $10,000,000 shall be available for ex25 penses authorized by section 285 of part E of title II of

26 the Act; (4) $4,000,000 shall be available for expenses au-
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1 thorized by part G of title II of the Act for juvenile

2 mentoring programs; and (5) $20,000,000 shall be available

3 for expenses authorized by title V of the Act for incentive

4 grants for local delinquency prevention programs.

5 In addition, for grants, contracts, cooperative agree6 ments, and other assistance authorized by the Victims of

7 Child Abuse Act of 1990, as amended, $4,500,000, to remain

8 available until expended, as authorized by section 214B, of

9 the Act: Provided, That balances of amounts appropriated

10 prior to fiscal year 1995 under the authorities of this ac11 count shall be transferred to and merged with this account.

12 PUBLIC SAFETY OFFICERS BENEFITS

13 For payments authorized by part L of title I of the

14 Omnibus Crime Control and Safe Streets Act of 1968 (42

15 U.S.C. 3796), as amended, such sums as are necessary, to

16 remain available until expended, as authorized by section

17 6093 of Public Law 100–690 (102 Stat. 4339–4340), and,

18 in addition, $2,134,000, to remain available until ex19 pended, for payments as authorized by section 1201(b) of

20 said Act.

21 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

22 SEC. 101. In addition to amounts otherwise made

23 available in this title for official reception and representa24 tion expenses, a total of not to exceed $45,000 from funds

25 appropriated to the Department of Justice in this title shall

26 be available to the Attorney General for official reception
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1 and representation expenses in accordance with distribu2 tions, procedures, and regulations established by the Attor3 ney General.

4 SEC. 102. Subject to section 102(b) of the Department

5 of Justice and Related Agencies Appropriations Act, 1993,

6 as amended by section 112 of this Act, authorities contained

7 in Public Law 96–132, ‘‘The Department of Justice Appro8 priation Authorization Act, Fiscal Year 1980’’, shall re9 main in effect until the termination date of this Act or until

10 the effective date of a Department of Justice Appropriation

11 Authorization Act, whichever is earlier.

12 SEC. 103. None of the funds appropriated by this title

13 shall be available to pay for an abortion, except where the

14 life of the mother would be endangered if the fetus were car15 ried to term, or in the case of rape: Provided, That should

16 this prohibition be declared unconstitutional by a court of

17 competent jurisdiction, this section shall be null and void.

18 SEC. 104. None of the funds appropriated under this

19 title shall be used to require any person to perform, or fa20 cilitate in any way the performance of, any abortion.

21 SEC. 105. Nothing in the preceding section shall re22 move the obligation of the Director of the Bureau of Prisons

23 to provide escort services necessary for a female inmate to

24 receive such service outside the Federal facility: Provided,

25 That nothing in this section in any way diminishes the
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1 effect of section 104 intended to address the philosophical

2 beliefs of individual employees of the Bureau of Prisons.

3 SEC. 106. Notwithstanding any other provision of law,

4 not to exceed $10,000,000 of the funds made available in

5 this Act may be used to establish and publicize a program

6 under which publicly-advertised, extraordinary rewards

7 may be paid, which shall not be subject to spending limita8 tions contained in sections 3059 and 3072 of title 18, Unit9 ed States Code: Provided, That any reward of $100,000 or

10 more, up to a maximum of $2,000,000, may not be made

11 without the personal approval of the President or the Attor12 ney General and such approval may not be delegated.

13 SEC. 107. Not to exceed 5 percent of any appropriation

14 made available for the current fiscal year for the Depart15 ment of Justice in this Act, including those derived from

16 the Violent Crime Reduction Trust Fund, may be trans17 ferred between such appropriations, but no such appropria18 tion, except ‘‘salaries and expenses, Community Relations

19 Service’’ or as otherwise specifically provided, shall be in20 creased by more than 10 percent by any such transfers: Pro21 vided, That any transfer pursuant to this section shall be

22 treated as a reprogramming of funds under section 605 of

23 this Act and shall not be available for obligation or expendi24 ture except in compliance with the procedures set forth in

25 that section.
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1 SEC. 108. For fiscal year 1996 and each fiscal year

2 thereafter, amounts in the Federal Prison System’s Com3 missary Fund, Federal Prisons, which are not currently

4 needed for operations, shall be kept on deposit or invested

5 in obligations of, or guaranteed by, the United States and

6 all earnings on such investment shall be deposited in the

7 Commissary Fund.

8 SEC. 109. (a) Section 524(c)(8)(E) of title 28, United

9 States Code, is amended by deleting ‘‘1994’’ and inserting

10 ‘‘1995’’ in place thereof.

11 (b) Section 524(c)(9) is amended to read as follows:

12 ‘‘(9) Following the completion of procedures for the forfeit13 ure of property pursuant to any law enforced or adminis14 tered by the Department, the Attorney General is author15 ized, at his discretion, to warrant clear title to any subse16 quent purchaser or transferee of such property.’’.

17 SEC. 110. Hereafter, notwithstanding any other provi18 sion of law—

19 (1) No transfers may be made from Department

20 of Justice accounts other than those authorized in this

21 Act, or in previous or subsequent appropriations Acts

22 for the Department of Justice, or in part II of title

23 28 of the United States Code, or in section 10601 of

24 title 42 of the United States Code; and
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1 (2) No appropriation account within the Depart2 ment of Justice shall have its allocation of funds con3 trolled by other than an apportionment issued by the

4 Office of Management and Budget or an allotment

5 advice issued by the Department of Justice.

6 SEC. 111. (a) Section 1930(a)(6) of title 28, United

7 States Code, is amended by striking ‘‘a plan is confirmed

8 or’’.

9 (b) Section 589a(b)(5) of such title is amended by

10 striking ‘‘;’’ and inserting, ‘‘until a reorganization plan is

11 confirmed;’’.

12 (c) Section 589a(f) of such title is amended—

13 (1) in paragraph (2) by striking ‘‘.’’ and insert14 ing, ‘‘until a reorganization plan is confirmed;’’, and

15 (2) by inserting after paragraph (2) the follow16 ing new paragraph:

17 ‘‘(3) 100 percent of the fees collected under sec18 tion 1930(a)(6) of this title after a reorganization

19 plan is confirmed.’’.

20 SEC. 112. Public Law 102–395, section 102 is amend21 ed as follows: (1) in subsection (b)(1) strike ‘‘years 1993,

22 1994, and 1995’’ and insert ‘‘year 1996’’; (2) in subsection

23 (b)(1)(C) strike ‘‘years 1993, 1994, and 1995’’ and insert

24 ‘‘year 1996’’; and (3) in subsection (b)(5)(A) strike ‘‘years

25 1993, 1994, and 1995’’ and insert ‘‘year 1996’’.
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1 SEC. 113. Public Law 101–515 (104 Stat. 2112; 28

2 U.S.C. 534 note) is amended by inserting ‘‘and criminal

3 justice information’’ after ‘‘for the automation of finger4 print identification’’.

5 SEC. 114. (a) GRANT PROGRAM.—Subtitle A of title

6 II of the Violent Crime Control and Law Enforcement Act

7 of 1994 is amended to read as follows:

8 ‘‘Subtitle A—Violent Offender In9 carceration and Truth-in-Sen10 tencing Incentive Grants

11 ‘‘SEC. 20101. DEFINITIONS.

12 ‘‘As used in this subtitle—

13 ‘‘(1) the term ‘indeterminate sentencing’ means a

14 system by which—

15 ‘‘(A) the court may impose a sentence of a

16 range defined by statute; and

17 ‘‘(B) an administrative agency, generally

18 the parole board, or the court, controls release

19 within the statutory range;

20 ‘‘(2) the term ‘sentencing guidelines’ means

21 a system of sentences which—

22 ‘‘(A) is established for use by a sentenc23 ing court in determining the sentence to be

24 imposed in a criminal case; and
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1 ‘‘(B) increases certainty in sentencing,

2 thereby providing assurances to victims of

3 the sentence to be served;

4 ‘‘(3) the term ‘part 1 violent crime’ means mur5 der and nonnegligent manslaughter, forcible rape,

6 robbery, and aggravated assault as reported to the

7 Federal Bureau of Investigation for purposes of the

8 Uniform Crime Reports; and

9 ‘‘(4) the term ‘State’ means a State of the United

10 States, the District of Columbia, or any common11 wealth, territory, or possession of the United States.

12 ‘‘SEC. 20102. AUTHORIZATION OF GRANTS.

13 ‘‘(a) IN GENERAL.—The Attorney General shall pro14 vide Violent Offender Incarceration grants under section

15 20103(a) and Truth-in-Sentencing Incentive grants under

16 section 20103(b) to eligible States—

17 ‘‘(1) to build or expand correctional facilities to

18 increase the bed capacity for the confinement of per19 sons convicted of a part 1 violent crime or adju20 dicated delinquent for an act which if committed by

21 an adult, would be a part 1 violent crime;

22 ‘‘(2) to build or expand temporary or permanent

23 correctional facilities, including facilities on military

24 bases, prison barges, and boot camps, for the confine25 ment of convicted nonviolent offenders and criminal
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1 aliens, for the purpose of freeing suitable existing

2 prison space for the confinement of persons convicted

3 of a part 1 violent crime; and

4 ‘‘(3) to build or expand jails.

5 ‘‘(b) REGIONAL COMPACTS.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 States may enter into regional compacts to carry out

8 this subtitle. Such compacts shall be treated as States

9 under this subtitle.

10 ‘‘(2) REQUIREMENT.—To be recognized as a re11 gional compact for eligibility for a grant under sec12 tion 20103 (a) or (b), each member State must be eli13 gible individually.

14 ‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No

15 State may receive a grant under this subtitle both in16 dividually and as part of a compact.

17 ‘‘(c) APPLICABILITY.—Notwithstanding the eligibility

18 requirements of section 20103, a State that certifies to the

19 Attorney General that, as of the date of enactment of the

20 Department of Justice Appropriations Act, 1996, such State

21 has enacted legislation in reliance on subtitle A of title II

22 of the Violent Crime Control and Law Enforcement Act,

23 as enacted on September 13, 1994, and would in fact qual24 ify under those provisions, shall be eligible to receive a grant
41

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1 for fiscal year 1996 as though such State qualifies under

2 section 20103 of this subtitle.

3 ‘‘SEC. 20103. GRANT ELIGIBILITY.

4 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANTS.—

5 To be eligible to receive a grant under this subtitle, a State

6 shall submit an application to the Attorney General that

7 provides assurances that the State has implemented, or will

8 implement, correctional policies and programs, including

9 truth-in-sentencing laws that ensure that violent offenders

10 serve a substantial portion of the sentences imposed, that

11 are designed to provide sufficiently severe punishment for

12 violent offenders, including violent juvenile offenders, and

13 that the prison time served is appropriately related to the

14 determination that the inmate is a violent offender and for

15 a period of time deemed necessary to protect the public.

16 ‘‘(b) TRUTH-IN-SENTENCING INCENTIVES.—

17 ‘‘(1) ELIGIBILITY.—To be eligible to receive an

18 additional grant award under this subsection, a State

19 shall submit an application to the Attorney General

20 that demonstrates that—

21 ‘‘(A) such State has implemented truth-in22 sentencing laws that—

23 ‘‘(i) require persons convicted of a part

24 1 violent crime to serve not less than 85

25 percent of the sentence imposed (not count-
42

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1 ing time not actually served, such as ad2 ministrative or statutory incentives for good

3 behavior); or

4 ‘‘(ii) result in persons convicted of a

5 part 1 violent crime serving on average not

6 less than 85 percent of the sentence imposed

7 (not counting time not actually served, such

8 as administrative or statutory incentives for

9 good behavior);

10 ‘‘(B) such State has truth-in-sentencing

11 laws that have been enacted, but not yet imple12 mented, that require such State, not later than

13 3 years after such State submits an application

14 to the Attorney General, to provide that persons

15 convicted of a part 1 violent crime serve not less

16 than 85 percent of the sentence imposed (not

17 counting time not actually served, such as ad18 ministrative or statutory incentives for good be19 havior);

20 ‘‘(C) in the case of a State that on the date

21 of enactment of the Departments of Commerce,

22 Justice, and State, the Judiciary and Related

23 Agencies Appropriations Act, 1996, practices in24 determinate sentencing with regard to any part

25 1 violent crime, persons convicted of a part 1
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1 violent crime in such State on average serve not

2 less than 85 percent of the sentence established

3 under the State’s sentencing guidelines (not

4 counting time not actually served, such as ad5 ministrative or statutory incentives for good be6 havior); or

7 ‘‘(D) the number of new court commitments

8 to prison for part 1 violent crimes has increased

9 by 10 percent or more over the most recent 3-

10 year period.

11 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

12 (1), a State may provide that the Governor of the

13 State may allow for the earlier release of—

14 ‘‘(A) a geriatric prisoner; or

15 ‘‘(B) a prisoner whose medical condition

16 precludes the prisoner from posing a threat to

17 the public, but only after a public hearing in

18 which representatives of the public and the pris19 oner’s victims have had an opportunity to be

20 heard regarding a proposed release.

21 ‘‘SEC. 20104. SPECIAL RULES.

22 ‘‘(a) SHARING OF FUNDS WITH COUNTIES AND OTHER

23 UNITS OF LOCAL GOVERNMENT.—

24 ‘‘(1) RESERVATION.—Each State shall reserve

25 not more than 15 percent of the amount of funds allo-
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1 cated in a fiscal year pursuant to section 20105 for

2 counties and units of local government to construct,

3 develop, expand, modify, or improve jails and other

4 correctional facilities.

5 ‘‘(2) FACTORS FOR DETERMINATION OF

6 AMOUNT.—To determine the amount of funds to be re7 served under this subsection, a State shall consider

8 the burden placed on a county or unit of local govern9 ment that results from the implementation of policies

10 adopted by the State to carry out section 20103.

11 ‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to re12 ceive a grant under section 20103, a State shall provide

13 assurances to the Attorney General that the State has imple14 mented or will implement not later than 18 months after

15 the date of the enactment of this subtitle policies that pro16 vide for the recognition of the rights and needs of crime

17 victims.

18 ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith19 standing any other provision of this subtitle, if a State, or

20 unit of local government located in a State that otherwise

21 meets the requirements of section 20103, certifies to the At22 torney General that exigent circumstances exist that require

23 the State to expend funds to build or expand facilities to

24 confine juvenile offenders other than juvenile offenders adju25 dicated delinquent for an act which, if committed by an
45

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1 adult, would be a part 1 violent crime, the State may use

2 funds received under this subtitle to build or expand juve3 nile correctional facilities or pretrial detention facilities for

4 juvenile offenders.

5 ‘‘(d) PRIVATE FACILITIES.—A State may use funds re6 ceived under this subtitle for the privatization of facilities

7 to carry out the purposes of section 20102.

8 ‘‘(e) DEFINITION.—In a case in which a State defines

9 a part 1 violent crime differently than the definition pro10 vided in the Uniform Crime Reports, the Attorney General

11 shall determine and designate whether the definition by

12 such State is substantially similar to the definition pro13 vided in the Uniform Crime Reports.

14 ‘‘SEC. 20105. FORMULA FOR GRANTS.

15 ‘‘In determining the amount of funds that may be

16 granted to each State eligible to receive a grant under sec17 tion 20103, the Attorney General shall apply the following

18 formula:

19 ‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER SEC20 TION 20103(a).—Of the amount set aside for grants

21 for section 20103(a), 0.75 percent shall be allocated to

22 each eligible State, except that the United States Vir23 gin Islands, American Samoa, Guam, and the Com24 monwealth of the Northern Mariana Islands shall

25 each be allocated 0.05 percent.
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1 ‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER SEC2 TION 20103(b).—Of the amount set aside for addi3 tional grant awards under section 20103(b)—

4 ‘‘(A) if fewer than 20 States are awarded

5 grants under section 20103(b), 2.5 percent of the

6 amounts paid shall be allocated to each eligible

7 State, except that the United States Virgin Is8 lands, American Samoa, Guam, and the Com9 monwealth of the Northern Mariana Islands

10 shall each be allocated 0.05 percent; and

11 ‘‘(B) if 20 or more States are awarded

12 grants under section 20103(b), 2.0 percent of the

13 amounts awarded shall be allocated to each eligi14 ble State, except that the United States Virgin

15 Islands, American Samoa, Guam, and the Com16 monwealth of the Northern Mariana Islands

17 shall each be allocated 0.04 percent.

18 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—

19 ‘‘(A) ALLOCATION OF REMAINING AMOUNTS

20 UNDER SECTION 20103(a).—The amounts re21 maining after the application of paragraph (1)

22 shall be allocated to each eligible State in the

23 ratio that the population of such State bears to

24 the population of all States.
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1 ‘‘(B) DISTRIBUTION OF REMAINING

2 AMOUNTS UNDER SECTION 20103(b).—The

3 amounts remaining after the application of

4 paragraph (2) shall be allocated to each eligible

5 State in the ratio that the average annual num6 ber of part 1 violent crimes reported by such

7 State to the Federal Bureau of Investigation for

8 the 3 years preceding the year in which the de9 termination is made bears to the average annual

10 number of part 1 violent crimes reported by all

11 such States to the Federal Bureau of Investiga12 tion for the 3 years preceding the year in which

13 the determination is made.

14 ‘‘(C) UNAVAILABLE DATA.—If data regard15 ing part 1 violent crimes in any State is un16 available for the 3 years preceding the year in

17 which the determination is made or substantially

18 inaccurate, the Attorney General shall utilize the

19 best available comparable data regarding the

20 number of violent crimes for the previous year

21 for the State for the purposes of allocation of

22 funds under this subtitle.

23 ‘‘(4) REGIONAL COMPACTS.—In determining the

24 funds that States organized as a regional compact

25 may receive, the Attorney General shall first apply
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1 the formula in either paragraph (1) or (2) and (3)

2 of this section to each member State of the compact.

3 The States organized as a regional compact may re4 ceive the sum of the amounts so determined.

5 ‘‘SEC. 20106. ACCOUNTABILITY.

6 ‘‘(a) FISCAL REQUIREMENTS.—A State that receives

7 funds under this subtitle shall use accounting, audit, and

8 fiscal procedures that conform to guidelines prescribed by

9 the Attorney General, and shall ensure that any funds used

10 to carry out the programs under section 20102(a) shall rep11 resent the best value for the State governments at the lowest

12 possible cost and employ the best available technology.

13 ‘‘(b) ADMINISTRATIVE PROVISIONS.—The administra14 tive provisions of sections 801 and 802 of the Omnibus

15 Crime Control and Safe Streets Act of 1968 shall apply to

16 the Attorney General under this subtitle in the same man17 ner that such provisions apply to the officials listed in such

18 sections.

19 ‘‘SEC. 20107. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) AUTHORIZATIONS.—There are authorized to

22 be appropriated to carry out this subtitle—

23 ‘‘(A) $997,500,000 for fiscal year 1996;

24 ‘‘(B) $1,330,000,000 for fiscal year 1997;

25 ‘‘(C) $2,527,000,000 for fiscal year 1998;
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1 ‘‘(D) $2,660,000,000 for fiscal year 1999;

2 and

3 ‘‘(E) $2,753,100,000 for fiscal year 2000.

4 ‘‘(2) DISTRIBUTION.—

5 ‘‘(A) IN GENERAL.—Subject to section

6 20108, of the amount appropriated pursuant to

7 paragraph (1), the Attorney General shall re8 serve—

9 ‘‘(i) in fiscal year 1996, 50 percent for

10 grants under section 20103(a), and 50 per11 cent for additional incentive awards under

12 section 20103(b);

13 ‘‘(ii) in fiscal year 1997, 30 percent for

14 grants under section 20103(a), and 70 per15 cent for additional incentive awards under

16 section 20103(b);

17 ‘‘(iii) in fiscal year 1998, 20 percent

18 for grants under section 20103(a), and 80

19 percent for additional incentive awards

20 under section 20103(b);

21 ‘‘(iv) in fiscal year 1999, 15 percent

22 for grants under section 20103(a), and 85

23 percent for additional incentive awards

24 under section 20103(b); and
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1 ‘‘(v) in fiscal year 2000, 10 percent for

2 grants under section 20103(a), and 90 per3 cent for additional incentive awards under

4 section 20103(b);

5 ‘‘(B) DISTRIBUTION OF MINIMUM

6 AMOUNTS.—The Attorney General shall distrib7 ute minimum amounts allocated under section

8 20105 (1) and (2) to an eligible State not later

9 than 30 days after receiving an application that

10 demonstrates that such State qualifies for a Vio11 lent Offender Incarceration grant under section

12 20103(a) or a Truth-in-Sentencing Incentive

13 grant under section 20103(b).

14 ‘‘(b) LIMITATIONS ON FUNDS.—

15 ‘‘(1) USES OF FUNDS.—Except as provided in

16 section 20110, funds made available pursuant to this

17 section shall be used only to carry out the purposes

18 described in section 20102(a).

19 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds

20 made available pursuant to this section shall not be

21 used to supplant State funds, but shall be used to in22 crease the amount of funds that would, in the absence

23 of Federal funds, be made available from State

24 sources.
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1 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than 3

2 percent of the funds made available pursuant to this

3 section shall be used for administrative costs.

4 ‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds

5 appropriated pursuant to this section during any fis6 cal year shall remain available until expended.

7 ‘‘(5) MATCHING FUNDS.—The Federal share of a

8 grant received under this subtitle may not exceed 90

9 percent of the costs of a proposal as described in an

10 application approved under this subtitle.

11 ‘‘SEC. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL

12 LANDS.

13 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any

14 other provision of this subtitle, from amounts appropriated

15 under section 20107 to carry out section 20103, the Attor16 ney General shall reserve, to carry out this section—

17 ‘‘(1) 0.3 percent in each of fiscal years 1996 and

18 1997; and

19 ‘‘(2) 0.2 percent in each of fiscal years 1998,

20 1999, and 2000.

21 ‘‘(b) GRANTS TO INDIAN TRIBES.—From the amounts

22 reserved under subsection (a), the Attorney General may

23 make grants to Indian tribes for the purposes of construct24 ing jails on tribal lands for the incarceration of offenders

25 subject to tribal jurisdiction.
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1 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant

2 under this section, an Indian tribe shall submit to the At3 torney General an application in such form and containing

4 such information as the Attorney General may by regula5 tion require.

6 ‘‘SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR INCAR7 CERATION OF CRIMINAL ALIENS.

8 ‘‘(a) IN GENERAL.—The Attorney General shall make

9 a payment to each State which is eligible under section

10 242(j) of the Immigration and Nationality Act and which

11 meets the eligibility requirements of section 20103, in such

12 amount as is determined under section 242(j) and for which

13 payment is not made to such State for such fiscal year

14 under such section.

15 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwith16 standing any other provision of this subtitle, there are au17 thorized to be appropriated to carry out this section from

18 amounts authorized under section 20107, an amount which

19 when added to amounts appropriated to carry out section

20 242(j) of the Immigration and Nationality Act for fiscal

21 year 1996 equals $500,000,000 and for each of the fiscal

22 years 1997 through 2000 does not exceed $650,000,000.

23 ‘‘(c) REPORT TO CONGRESS.—Not later than May 15,

24 1999, the Attorney General shall submit a report to the Con25 gress which contains the recommendation of the Attorney
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1 General concerning the extension of the program under this

2 section.

3 ‘‘SEC. 20110. SUPPORT OF FEDERAL PRISONERS IN NON4 FEDERAL INSTITUTIONS.

5 ‘‘(a) IN GENERAL.—The Attorney General may make

6 payments to States and units of local government for the

7 purposes authorized in section 4013 of title 18, United

8 States Code.

9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwith10 standing any other provision of this subtitle, there are au11 thorized to be appropriated from amounts authorized under

12 section 20107 for each of fiscal years 1996 through 2000

13 such sums as may be necessary to carry out this section.

14 ‘‘SEC. 20111. REPORT BY THE ATTORNEY GENERAL.

15 ‘‘Beginning on July 1, 1996, and each July 1 there16 after, the Attorney General shall report to the Congress on

17 the implementation of this subtitle, including a report on

18 the eligibility of the States under section 20103, and the

19 distribution and use of funds under this subtitle.’’.

20 (b) PREFERENCE IN PAYMENTS.—Section 242(j)(4) of

21 the Immigration and Nationality Act (8 U.S.C. 1252(j)(4))

22 is amended by adding at the end the following:

23 ‘‘(C) In carrying out paragraph (1)(A), the

24 Attorney General shall give preference in making

25 payments to States and political subdivisions of
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1 States which are ineligible for payments under

2 section 20109 of the Violent Crime Control and

3 Law Enforcement Act of 1994.’’.

4 (c) CONFORMING AMENDMENTS.—

5 (1) OMNIBUS CRIME CONTROL AND SAFE

6 STREETS ACT OF 1968.—

7 (A) PART V.—Part V of title I of the Omni8 bus Crime Control and Safe Streets Act of 1968

9 is repealed.

10 (B) FUNDING.—

11 (i) Section 1001(a) of the Omnibus

12 Crime Control and Safe Streets Act of 1968

13 is amended by striking paragraph (20).

14 (ii) Notwithstanding the provisions of

15 subparagraph (A), any funds that remain

16 available to an applicant under paragraph

17 (20) of title I of the Omnibus Crime Control

18 and Safe Streets Act of 1968 shall be used

19 in accordance with part V of such Act as if

20 such Act was in effect on the day preceding

21 the date of enactment of this Act.

22 (2) VIOLENT CRIME CONTROL AND LAW EN23 FORCEMENT ACT OF 1994.—

24 (A) TABLE OF CONTENTS.—The table of

25 contents of the Violent Crime Control and Law
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1 Enforcement Act of 1994 is amended by striking

2 the matter relating to title V.

3 (B) COMPLIANCE.—Notwithstanding the

4 provisions of paragraph (1), any funds that re5 main available to an applicant under title V of

6 the Violent Crime Control and Law Enforcement

7 Act of 1994 shall be used in accordance with

8 such subtitle as if such subtitle was in effect on

9 the day preceding the date of enactment of this

10 Act.

11 (C) TRUTH-IN-SENTENCING.—The table of

12 contents of the Violent Crime Control and Law

13 Enforcement Act of 1994 is amended by striking

14 the matter relating to subtitle A of title II and

15 inserting the following:

‘‘SUBTITLE A—VIOLENT OFFENDER INCARCERATION AND TRUTH-INSENTENCING 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.’’.

16 SEC. 115. Notwithstanding provisions of 41 U.S.C.

17 353 or any other provision of law, the Federal Prison Sys18 tem may enter into contracts and other agreements with

19 private entities for a period not to exceed 3 years and 7
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1 additional option years for the confinement of Federal pris2 oners.

3 SEC. 116. The pilot debt collection project authorized

4 by Public Law 99–578, as amended, is extended through

5 September 30, 1997.

6 SEC. 117. The definition of ‘‘educational expenses’’ in

7 Section 200103 of the Violent Crime Control and Law En8 forcement Act of 1994, Public Law 103–322 is amended to

9 read as follows:

10 ‘‘educational expenses’’ means expenses that are

11 directly attributable to—

12 (A) a course of education leading to the

13 award of the baccalaureate degree; or

14 (B) a course of graduate study following

15 award of a baccalaureate degree,

16 including the cost of tuition, fees, books, supplies,

17 transportation, room and board and miscellaneous ex18 penses.

19 SEC. 118. (a) STATE COMPATIBILITY WITH FEDERAL

20 BUREAU OF INVESTIGATION SYSTEMS.—(1) The Attorney

21 General shall make funds available to the chief executive

22 officer of each State to carry out the activities described

23 in paragraph (2).

24 (2) USES.—The executive officer of each State shall use

25 the funds made available under this subsection in conjunc-
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1 tion with units of local government, other States, or com2 binations thereof, to carry out all or part of a program to

3 establish, develop, update, or upgrade—

4 (A) computerized identification systems that are

5 compatible and integrated with the databases of the

6 National Crime Information Center of the Federal

7 Bureau of Investigation;

8 (B) ballistics identification programs that are

9 compatible and integrated with the Drugfire Program

10 of the Federal Bureau of Investigation;

11 (C) the capability to analyze deoxyribonucleic

12 acid (DNA) in a forensic laboratory in ways that are

13 compatible and integrated with the combined DNA

14 Identification System (CODIS) of the Federal Bureau

15 of Investigation; and

16 (D) automated fingerprint identification systems

17 that are compatible and integrated with the Inte18 grated Automated Fingerprint Identification System

19 (IAFIS) of the Federal Bureau of Investigation.

20 (b) ELIGIBILITY.—To be eligible to receive a grant

21 under this section, a State shall require that each person

22 convicted of a felony of a sexual nature shall provide a sam23 ple of blood, saliva, or other specimen necessary to conduct

24 a DNA analysis consistent with the standards established
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1 for DNA testing by the Director of the Federal Bureau of

2 Investigation.

3 (c) INTERSTATE COMPACTS.—A State may enter into

4 a compact or compacts with another State or States to

5 carry out this section.

6 (d) ALLOCATION.—The Attorney General shall allocate

7 the funds appropriated under subsection (e) to each State

8 based on the following formula:

9 (1) .25 percent shall be allocated to each of the

10 participating States.

11 (2) Of the total funds remaining after the alloca12 tion under paragraph (1), each State shall be allo13 cated an amount that bears the same ratio to the

14 amount of such funds as the population of such State

15 bears to the population of all States.

16 (e) APPROPRIATION.—$11,800,000 is appropriated to

17 carry out the provisions in this section and shall remain

18 available until expended.

19 This title may be cited as the ‘‘Department of Justice

20 Appropriations Act, 1996’’.
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1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the United

8 States Trade Representative, including the hire of passenger

9 motor vehicles and the employment of experts and consult10 ants as authorized by 5 U.S.C. 3109, $20,889,000, of which

11 $2,500,000 shall remain available until expended: Provided,

12 That not to exceed $98,000 shall be available for official

13 reception and representation expenses.

14 INTERNATIONAL TRADE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the International Trade

17 Commission, including hire of passenger motor vehicles and

18 services as authorized by 5 U.S.C. 3109, and not to exceed

19 $2,500 for official reception and representation expenses,

20 $40,000,000, to remain available until expended.

21 DEPARTMENT OF COMMERCE

22 INTERNATIONAL TRADE ADMINISTRATION

23 OPERATIONS AND ADMINISTRATION

24 For necessary expenses for international trade activi25 ties of the Department of Commerce provided for by law,
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1 and engaging in trade promotional activities abroad, in2 cluding expenses of grants and cooperative agreements for

3 the purpose of promoting exports of United States firms,

4 without regard to 44 U.S.C. 3702 and 3703; full medical

5 coverage for dependent members of immediate families of

6 employees stationed overseas and employees temporarily

7 posted overseas; travel and transportation of employees of

8 the United States and Foreign Commercial Service between

9 two points abroad, without regard to 49 U.S.C. 1517; em10 ployment of Americans and aliens by contract for services;

11 rental of space abroad for periods not exceeding ten years,

12 and expenses of alteration, repair, or improvement; pur13 chase or construction of temporary demountable exhibition

14 structures for use abroad; payment of tort claims, in the

15 manner authorized in the first paragraph of 28 U.S.C. 2672

16 when such claims arise in foreign countries; not to exceed

17 $327,000 for official representation expenses abroad; pur18 chase of passenger motor vehicles for official use abroad, not

19 to exceed $30,000 per vehicle; obtain insurance on official

20 motor vehicles; and rent tie lines and teletype equipment;

21 $264,885,000, to remain available until expended: Pro22 vided, That the provisions of the first sentence of section

23 105(f) and all of section 108(c) of the Mutual Educational

24 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and

25 2458(c)) shall apply in carrying out these activities without
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1 regard to 15 U.S.C. 4912; and that for the purpose of this

2 Act, contributions under the provisions of the Mutual Edu3 cational and Cultural Exchange Act shall include payment

4 for assessments for services provided as part of these activi5 ties.

6 EXPORT ADMINISTRATION

7 OPERATIONS AND ADMINISTRATION

8 For necessary expenses for export administration and

9 national security activities of the Department of Commerce,

10 including costs associated with the performance of export

11 administration field activities both domestically and

12 abroad; full medical coverage for dependent members of im13 mediate families of employees stationed overseas; employ14 ment of Americans and aliens by contract for services

15 abroad; rental of space abroad for periods not exceeding ten

16 years, and expenses of alteration, repair, or improvement;

17 payment of tort claims, in the manner authorized in the

18 first paragraph of 28 U.S.C. 2672 when such claims arise

19 in foreign countries; not to exceed $15,000 for official rep20 resentation expenses abroad; awards of compensation to in21 formers under the Export Administration Act of 1979, and

22 as authorized by 22 U.S.C. 401(b); purchase of passenger

23 motor vehicles for official use and motor vehicles for law

24 enforcement use with special requirement vehicles eligible

25 for purchase without regard to any price limitation other-
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1 wise established by law; $38,604,000, to remain available

2 until expended: Provided, That the provisions of the first

3 sentence of section 105(f) and all of section 108(c) of the

4 Mutual Educational and Cultural Exchange Act of 1961

5 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying

6 out these activities: Provided further, That payments and

7 contributions collected and accepted for materials or serv8 ices provided as part of such activities may be retained for

9 use in covering the cost of such activities, and for providing

10 information to the public with respect to the export admin11 istration and national security activities of the Department

12 of Commerce and other export control programs of the Unit13 ed States and other governments.

14 ECONOMIC DEVELOPMENT ADMINISTRATION

15 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

16 For grants for economic development assistance as pro17 vided by the Public Works and Economic Development Act

18 of 1965, as amended, Public Law 91–304, and such laws

19 that were in effect immediately before September 30, 1982,

20 and for trade adjustment assistance, $328,500,000: Pro21 vided, That none of the funds appropriated or otherwise

22 made available under this heading may be used directly or

23 indirectly for attorneys’ or consultants’ fees in connection

24 with securing grants and contracts made by the Economic

25 Development Administration: Provided further, That, not-
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1 withstanding any other provision of law, the Secretary of

2 Commerce may provide financial assistance for projects to

3 be located on military installations closed or scheduled for

4 closure or realignment to grantees eligible for assistance

5 under the Public Works and Economic Development Act of

6 1965, as amended, without it being required that the grant7 ee have title or ability to obtain a lease for the property,

8 for the useful life of the project, when in the opinion of the

9 Secretary of Commerce, such financial assistance is nec10 essary for the economic development of the area: Provided

11 further, That the Secretary of Commerce may, as the Sec12 retary considers appropriate, consult with the Secretary of

13 Defense regarding the title to land on military installations

14 closed or scheduled for closure or realignment.

15 SALARIES AND EXPENSES

16 For necessary expenses of administering the economic

17 development assistance programs as provided for by law,

18 $20,000,000: Provided, That these funds may be used to

19 monitor projects approved pursuant to title I of the Public

20 Works Employment Act of 1976, as amended, title II of the

21 Trade Act of 1974, as amended, and the Community Emer22 gency Drought Relief Act of 1977.

23 MINORITY BUSINESS DEVELOPMENT AGENCY

24 MINORITY BUSINESS DEVELOPMENT

25 For necessary expenses of the Department of Commerce

26 in fostering, promoting, and developing minority business
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1 enterprise, including expenses of grants, contracts, and

2 other agreements with public or private organizations,

3 $32,000,000.

4 ECONOMIC AND INFORMATION INFRASTRUCTURE

5 ECONOMIC AND STATISTICAL ANALYSIS

6 SALARIES AND EXPENSES

7 For necessary expenses, as authorized by law, of eco8 nomic and statistical analysis programs of the Department

9 of Commerce, $45,900,000, to remain available until Sep10 tember 30, 1997.

11 ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING

12 FUND

13 The Secretary of Commerce is authorized to dissemi14 nate economic and statistical data products as authorized

15 by 15 U.S.C. 1525–1527 and, notwithstanding 15 U.S.C.

16 4912, charge fees necessary to recover the full costs incurred

17 in their production. Notwithstanding 31 U.S.C. 3302, re18 ceipts received from these data dissemination activities

19 shall be credited to this account, to be available for carrying

20 out these purposes without further appropriation.

21 BUREAU OF THE CENSUS

22 SALARIES AND EXPENSES

23 For expenses necessary for collecting, compiling, ana24 lyzing, preparing, and publishing statistics, provided for by

25 law, $133,812,000.
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1 PERIODIC CENSUSES AND PROGRAMS

2 For expenses necessary to collect and publish statistics

3 for periodic censuses and programs provided for by law,

4 $150,300,000, to remain available until expended.

5 NATIONAL TELECOMMUNICATIONS AND INFORMATION

6 ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses, as provided for by law, of the

9 National Telecommunications and Information Adminis10 tration, $17,000,000 to remain available until expended:

11 Provided, That notwithstanding 31 U.S.C. 1535(d), the Sec12 retary of Commerce is authorized to charge Federal agencies

13 for spectrum management, analysis, and operations, and

14 related services: Provided further, That the Secretary of

15 Commerce is authorized to retain and use as offsetting col16 lections all funds transferred, or previously transferred,

17 from other Government agencies for spectrum management,

18 analysis, and operations, and related services and for all

19 costs incurred in telecommunications research, engineering,

20 and related activities by the Institute for Telecommuni21 cation Sciences of the NTIA in furtherance of its assigned

22 functions under this paragraph, and such funds received

23 from other Government agencies shall remain available

24 until expended.
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1 PUBLIC BROADCASTING FACILITIES, PLANNING AND

2 CONSTRUCTION

3 For grants authorized by section 392 of the Commu4 nications Act of 1934, as amended, $15,500,000, to remain

5 available until expended as authorized by section 391 of the

6 Act, as amended: Provided, That not to exceed $2,200,000

7 shall be available for program administration as authorized

8 by section 391 of the Act: Provided further, That notwith9 standing the provisions of section 391 of the Act, the prior

10 year unobligated balances may be made available for grants

11 for projects for which applications have been submitted and

12 approved during any fiscal year.

13 INFORMATION INFRASTRUCTURE GRANTS

14 For grants authorized by section 392 of the Commu15 nications Act of 1934, as amended, $21,500,000, to remain

16 available until expended as authorized by section 391 of the

17 Act, as amended: Provided, That not to exceed $3,000,000

18 shall be available for program administration and other

19 support activities as authorized by section 391 of the Act

20 including support of the Advisory Council on National In21 formation Infrastructure: Provided further, That of the

22 funds appropriated herein, not to exceed 5 percent may be

23 available for telecommunications research activities for

24 projects related directly to the development of a national

25 information infrastructure: Provided further, That notwith26 standing the requirements of section 392(a) and 392(c) of
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1 the Act, these funds may be used for the planning and con2 struction of telecommunications networks for the provision

3 of educational, cultural, health care, public information,

4 public safety or other social services.

5 PATENT AND TRADEMARK OFFICE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Patent and Trademark

8 Office provided for by law, including defense of suits insti9 tuted against the Commissioner of Patents and Trade10 marks; $82,324,000, to remain available until expended:

11 Provided, That the funds made available under this heading

12 are to be derived from deposits in the Patent and Trade13 mark Office Fee Surcharge Fund as authorized by law: Pro14 vided further, That the amounts made available under the

15 Fund shall not exceed amounts deposited; and such fees as

16 shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.

17 41 and 376, shall remain available until expended.

18 SCIENCE AND TECHNOLOGY

19 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

20 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

21 For necessary expenses of the National Institute of

22 Standards and Technology, $259,000,000, to remain avail23 able until expended, of which not to exceed $8,500,000 may

24 be transferred to the ‘‘Working Capital Fund’’.
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1 INDUSTRIAL TECHNOLOGY SERVICES

2 For necessary expenses of the Manufacturing Exten3 sion Partnership of the National Institute of Standards and

4 Technology, $80,000,000, to remain available until ex5 pended, of which not to exceed $500,000 may be transferred

6 to the ‘‘Working Capital Fund’’: Provided, That none of the

7 funds made available under this heading in this or any

8 other Act may be used for the purposes of carrying out addi9 tional program competitions under the Advanced Tech10 nology Program: Provided further, That any unobligated

11 balances available from carryover of prior year appropria12 tions under the Advanced Technology Program may be used

13 only for the purposes of providing continuation grants.

14 CONSTRUCTION OF RESEARCH FACILITIES

15 For construction of new research facilities, including

16 architectural and engineering design, and for renovation of

17 existing facilities, not otherwise provided for the National

18 Institute of Standards and Technology, as authorized by 15

19 U.S.C. 278c–278e, $60,000,000, to remain available until

20 expended.

21 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of activities authorized by law

25 for the National Oceanic and Atmospheric Administration,

26 including acquisition, maintenance, operation, and hire of
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1 aircraft; not to exceed 358 commissioned officers on the ac2 tive list; grants, contracts, or other payments to nonprofit

3 organizations for the purposes of conducting activities pur4 suant to cooperative agreements; and alteration, moderniza5 tion, and relocation of facilities as authorized by 33 U.S.C.

6 883i; $1,802,677,000, to remain available until expended:

7 Provided, That notwithstanding 31 U.S.C. 3302 but con8 sistent with other existing law, fees shall be assessed, col9 lected, and credited to this appropriation as offsetting col10 lections to be available until expended, to recover the costs

11 of administering aeronautical charting programs: Provided

12 further, That the sum herein appropriated from the general

13 fund shall be reduced as such additional fees are received

14 during fiscal year 1996, so as to result in a final general

15 fund appropriation estimated at not more than

16 $1,799,677,000: Provided further, That any such additional

17 fees received in excess of $3,000,000 in fiscal year 1996 shall

18 not be available for obligation until October 1, 1996: Pro19 vided further, That fees and donations received by the Na20 tional Ocean Service for the management of the national

21 marine sanctuaries may be retained and used for the sala22 ries and expenses associated with those activities, notwith23 standing 31 U.S.C. 3302: Provided further, That in addi24 tion, $63,000,000 shall be derived by transfer from the fund

25 entitled ‘‘Promote and Develop Fishery Products and Re-
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1 search Pertaining to American Fisheries’’: Provided fur2 ther, That grants to States pursuant to sections 306 and

3 306(a) of the Coastal Zone Management Act, as amended,

4 shall not exceed $2,000,000.

5 COASTAL ZONE MANAGEMENT FUND

6 Of amounts collected pursuant to 16 U.S.C. 1456a, not

7 to exceed $7,800,000, for purposes set forth in 16 U.S.C.

8 1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and 16

9 U.S.C. 1461(e).

10 CONSTRUCTION

11 For repair and modification of, and additions to, ex12 isting facilities and construction of new facilities, and for

13 facility planning and design and land acquisition not oth14 erwise provided for the National Oceanic and Atmospheric

15 Administration, $50,000,000, to remain available until ex16 pended.

17 FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION

18 For expenses necessary for the repair, acquisition, leas19 ing, or conversion of vessels, including related equipment

20 to maintain and modernize the existing fleet and to con21 tinue planning the modernization of the fleet, for the Na22 tional Oceanic and Atmospheric Administration,

23 $8,000,000, to remain available until expended.

24 FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND

25 For carrying out the provisions of section 3 of Public

26 Law 95–376, not to exceed $1,032,000, to be derived from
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1 receipts collected pursuant to 22 U.S.C. 1980 (b) and (f),

2 to remain available until expended.

3 FISHERMEN’S CONTINGENCY FUND

4 For carrying out the provisions of title IV of Public

5 Law 95–372, not to exceed $999,000, to be derived from re6 ceipts collected pursuant to that Act, to remain available

7 until expended.

8 FOREIGN FISHING OBSERVER FUND

9 For expenses necessary to carry out the provisions of

10 the Atlantic Tunas Convention Act of 1975, as amended

11 (Public Law 96–339), the Magnuson Fishery Conservation

12 and Management Act of 1976, as amended (Public Law

13 100–627) and the American Fisheries Promotion Act (Pub14 lic Law 96–561), there are appropriated from the fees im15 posed under the foreign fishery observer program authorized

16 by these Acts, not to exceed $196,000, to remain available

17 until expended.

18 FISHING VESSEL OBLIGATIONS GUARANTEES

19 For the cost, as defined in section 502 of the Federal

20 Credit Reform Act of 1990, of guaranteed loans authorized

21 by the Merchant Marine Act of 1936, as amended, $250,000:

22 Provided, That none of the funds made available under this

23 heading may be used to guarantee loans for any new fishing

24 vessel that will increase the harvesting capacity in any

25 United States fishery.
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1 TECHNOLOGY ADMINISTRATION

2 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

3 TECHNOLOGY POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Under Secretary for

6 Technology/Office of Technology Policy, $5,000,000.

7 GENERAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For expenses necessary for the general administration

10 of the Department of Commerce provided for by law, includ11 ing not to exceed $3,000 for official entertainment,

12 $29,100,000.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector Gen15 eral in carrying out the provisions of the Inspector General

16 Act of 1978, as amended (5 U.S.C. App. 1–11 as amended

17 by Public Law 100–504), $19,849,000.

18 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

19 CONSTRUCTION OF RESEARCH FACILITIES

20 (RESCISSION)

21 Of the unobligated balances available under this head22 ing, $75,000,000 are rescinded.

23 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

24 SEC. 201. During the current fiscal year, applicable

25 appropriations and funds made available to the Depart26 ment of Commerce by this Act shall be available for the
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1 activities specified in the Act of October 26, 1949 (15 U.S.C.

2 1514), to the extent and in the manner prescribed by the

3 Act, and, notwithstanding 31 U.S.C. 3324, may be used for

4 advanced payments not otherwise authorized only upon the

5 certification of officials designated by the Secretary that

6 such payments are in the public interest.

7 SEC. 202. During the current fiscal year, appropria8 tions made available to the Department of Commerce by

9 this Act for salaries and expenses shall be available for hire

10 of passenger motor vehicles as authorized by 31 U.S.C. 1343

11 and 1344; services as authorized by 5 U.S.C. 3109; and uni12 forms or allowances therefor, as authorized by law (5 U.S.C.

13 5901–5902).

14 SEC. 203. None of the funds made available by this

15 Act may be used to support the hurricane reconnaissance

16 aircraft and activities that are under the control of the

17 United States Air Force or the United States Air Force Re18 serve.

19 SEC. 204. None of the funds provided in this or any

20 previous Act, or hereinafter made available to the Depart21 ment of Commerce shall be available to reimburse the Un22 employment Trust Fund or any other fund or account of

23 the Treasury to pay for any expenses paid before October

24 1, 1992, as authorized by section 8501 of title 5, United

25 States Code, for services performed after April 20, 1990, by
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1 individuals appointed to temporary positions within the

2 Bureau of the Census for purposes relating to the 1990 de3 cennial census of population.

4 SEC. 205. Not to exceed 5 percent of any appropriation

5 made available for the current fiscal year for the Depart6 ment of Commerce in this Act may be transferred between

7 such appropriations, but no such appropriation shall be in8 creased by more than 10 percent by any such transfers: Pro9 vided, That any transfer pursuant to this section shall be

10 treated as a reprogramming of funds under section 605 of

11 this Act and shall not be available for obligation or expendi12 ture except in compliance with the procedures set forth in

13 that section.

14 SEC. 206. (a) Should legislation be enacted to disman15 tle or reorganize the Department of Commerce, the Sec16 retary of Commerce, no later than 90 days thereafter, shall

17 submit to the Committees on Appropriations of the House

18 and the Senate a plan for transferring funds provided in

19 this Act to the appropriate successor organizations: Pro20 vided, That the plan shall include a proposal for transfer21 ring or rescinding funds appropriated herein for agencies

22 or programs terminated under such legislation: Provided

23 further, That such plan shall be transmitted in accordance

24 with section 605 of this Act.
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1 (b) The Secretary of Commerce or the appropriate

2 head of any successor organization(s) may use any avail3 able funds to carry out legislation dismantling or reor4 ganizing the Department of Commerce to cover the costs of

5 actions relating to the abolishment, reorganization or trans6 fer of functions and any related personnel action, including

7 voluntary separation incentives if authorized by such legis8 lation: Provided, That the authority to transfer funds be9 tween appropriations accounts that may be necessary to

10 carry out this section is provided in addition to authorities

11 included under section 205 of this Act: Provided further,

12 That use of funds to carry out this section shall be treated

13 as a reprogramming of funds under section 605 of this Act

14 and shall not be available for obligation or expenditure ex15 cept in compliance with the procedures set forth in that sec16 tion: Provided further, That no monies appropriated under

17 this Act or any other law shall be used by the Secretary

18 of Commerce to issue final determinations under subsections

19 (a), (b), (c), (e), (g) or (i) of section 4 of the Endangered

20 Species Act of 1973 (16 U.S.C. 1533), until such time as

21 legislation reauthorizing the Act is enacted or until the end

22 of fiscal year 1996, whichever is earlier, except that monies

23 appropriated under this Act may be used to delist or reclas24 sify species pursuant to subsections 4(a)(2)(B),

25 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species
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1 Act, and may be used to issue emergency listings under sec2 tion 4(b)(7) of the Endangered Species Act.

3 SEC. 207. Notwithstanding any other provision of law

4 (including any regulation and including the Public Works

5 and Economic Development Act of 1965), the transfer of

6 title to the Rutland City Industrial Complex to Hilinex,

7 Vermont (as related to Economic Development Administra8 tion Project Number 01–11–01742) shall not require com9 pensation to the Federal Government for the fair share of

10 the Federal Government of that real property.

11 SEC. 208. (a) IN GENERAL.—The Secretary of Com12 merce, acting through the Assistant Secretary for Economic

13 Development of the Department of Commerce, shall—

14 (1) not later than January 1, 1996, commence

15 the demolition of the structures on, and the cleanup

16 and environmental remediation on, the parcel of land

17 described in subsection (b);

18 (2) not later than March 31, 1996, complete the

19 demolition, cleanup, and environmental remediation

20 under paragraph (1); and

21 (3) not later than April 1, 1996, convey the par22 cel of land described in subsection (b), in accordance

23 with the requirements of section 120(h) of the Com24 prehensive Environmental Response, Compensation,

25 and Liability Act of 1980 (42 U.S.C. 9620(h)), to the
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1 Tuscaloosa County Industrial Development Authority,

2 on receipt of payment of the fair market value for the

3 parcel by the Authority, as agreed on by the Secretary

4 and the Authority.

5 (b) LAND PARCEL.—The parcel of land referred to in

6 subsection (a) is the parcel of land consisting of approxi7 mately 41 acres in Holt, Alabama (in Tuscaloosa County),

8 that is generally known as the ‘‘Central Foundry Property’’,

9 as depicted on a map, and as described in a legal descrip10 tion, that the Secretary, acting through the Assistant Sec11 retary for Economic Development, determines to be satisfac12 tory.

13 SEC. 209. Any costs incurred by a Department or

14 agency funded under this title resulting from personnel ac15 tions taken in response to funding reductions included in

16 this title shall be absorbed within the total budgetary re17 sources available to such Department or agency: Provided,

18 That the authority to transfer funds between appropriations

19 accounts as may be necessary to carry out this provision

20 is provided in addition to authorities included elsewhere in

21 this Act: Provided further, That use of funds to carry out

22 this section shall be treated as a reprogramming of funds

23 under section 605 of this Act and shall not be available for

24 obligation or expenditure except in compliance with the

25 procedures set forth in that section.
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1 This title may be cited as the ‘‘Department of Com2 merce and Related Agencies Appropriations Act, 1996’’.

3 TITLE III—THE JUDICIARY

4 SUPREME COURT OF THE UNITED STATES

5 SALARIES AND EXPENSES

6 For expenses necessary for the operation of the Su7 preme Court, as required by law, excluding care of the

8 building and grounds, including purchase or hire, driving,

9 maintenance and operation of an automobile for the Chief

10 Justice, not to exceed $10,000 for the purpose of transport11 ing Associate Justices, and hire of passenger motor vehicles

12 as authorized by 31 U.S.C. 1343 and 1344; not to exceed

13 $10,000 for official reception and representation expenses;

14 and for miscellaneous expenses, to be expended as the Chief

15 Justice may approve, $25,834,000.

16 CARE OF THE BUILDING AND GROUNDS

17 For such expenditures as may be necessary to enable

18 the Architect of the Capitol to carry out the duties imposed

19 upon him by the Act approved May 7, 1934 (40 U.S.C.

20 13a–13b), $3,313,000, of which $500,000 shall remain

21 available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other officers

5 and employees, and for necessary expenses of the court, as

6 authorized by law, $14,288,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, salaries

10 of the officers and employees of the court, services as author11 ized by 5 U.S.C. 3109, and necessary expenses of the court,

12 as authorized by law, $10,859,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States),

18 justices and judges retired from office or from regular active

19 service, judges of the United States Court of Federal Claims,

20 bankruptcy judges, magistrate judges, and all other officers

21 and employees of the Federal Judiciary not otherwise spe22 cifically provided for, and necessary expenses of the courts,

23 as authorized by law, $2,433,141,000 (including the pur24 chase of firearms and ammunition); of which not to exceed

25 $13,454,000 shall remain available until expended for space
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1 alteration projects; of which not to exceed $10,000,000 shall

2 remain available until expended for furniture and furnish3 ings related to new space alteration and construction

4 projects; and of which $500,000 is to remain available until

5 expended for acquisition of books, periodicals, and news6 papers, and all other legal reference materials, including

7 subscriptions.

8 In addition, for expenses of the United States Court

9 of Federal Claims associated with processing cases under

10 the National Childhood Vaccine Injury Act of 1986, not to

11 exceed $2,318,000, to be appropriated from the Vaccine In12 jury Compensation Trust Fund.

13 VIOLENT CRIME REDUCTION PROGRAMS

14 For activities of the Federal Judiciary as authorized

15 by law, $30,000,000, to remain available until expended,

16 which shall be derived from the Violent Crime Reduction

17 Trust Fund, as authorized by section 190001(a) of Public

18 Law 103–322.

19 DEFENDER SERVICES

20 For the operation of Federal Public Defender and

21 Community Defender organizations, the compensation and

22 reimbursement of expenses of attorneys appointed to rep23 resent persons under the Criminal Justice Act of 1964, as

24 amended, the compensation and reimbursement of expenses

25 of persons furnishing investigative, expert and other services

26 under the Criminal Justice Act (18 U.S.C. 3006A(e)), the
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1 compensation (in accordance with Criminal Justice Act

2 maximums) and reimbursement of expenses of attorneys ap3 pointed to assist the court in criminal cases where the de4 fendant has waived representation by counsel, the com5 pensation and reimbursement of travel expenses of guard6 ians ad litem acting on behalf of financially eligible minor

7 or incompetent offenders in connection with transfers from

8 the United States to foreign countries with which the Unit9 ed States has a treaty for the execution of penal sentences,

10 and the compensation of attorneys appointed to represent

11 jurors in civil actions for the protection of their employ12 ment, as authorized by 28 U.S.C. 1875(d), $267,217,000,

13 to remain available until expended as authorized by 18

14 U.S.C. 3006A(i): Provided, That none of the funds provided

15 in this Act shall be available for Death Penalty Resource

16 Centers or Post-Conviction Defender Organizations after

17 April 1, 1996.

18 FEES OF JURORS AND COMMISSIONERS

19 For fees and expenses of jurors as authorized by 28

20 U.S.C. 1871 and 1876; compensation of jury commissioners

21 as authorized by 28 U.S.C. 1863; and compensation of com22 missioners appointed in condemnation cases pursuant to

23 rule 71A(h) of the Federal Rules of Civil Procedure (28

24 U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain

25 available until expended: Provided, That the compensation

26 of land commissioners shall not exceed the daily equivalent
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1 of the highest rate payable under section 5332 of title 5,

2 United States Code.

3 COURT SECURITY

4 For necessary expenses, not otherwise provided for, in5 cident to the procurement, installation, and maintenance

6 of security equipment and protective services for the United

7 States Courts in courtrooms and adjacent areas, including

8 building ingress-egress control, inspection of packages, di9 rected security patrols, and other similar activities as au10 thorized by section 1010 of the Judicial Improvement and

11 Access to Justice Act (Public Law 100–702); $102,000,000,

12 to be expended directly or transferred to the United States

13 Marshals Service which shall be responsible for administer14 ing elements of the Judicial Security Program consistent

15 with standards or guidelines agreed to by the Director of

16 the Administrative Office of the United States Courts and

17 the Attorney General.

18 ADMINISTRATIVE OFFICE OF THE UNITED STATES

19 COURTS

20 SALARIES AND EXPENSES

21 For necessary expenses of the Administrative Office of

22 the United States Courts as authorized by law, including

23 travel as authorized by 31 U.S.C. 1345, hire of a passenger

24 motor vehicle as authorized by 31 U.S.C. 1343(b), advertis25 ing and rent in the District of Columbia and elsewhere,
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1 $47,500,000, of which not to exceed $7,500 is authorized

2 for official reception and representation expenses.

3 FEDERAL JUDICIAL CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Judicial Center,

6 as authorized by Public Law 90–219, $17,914,000; of which

7 $1,800,000 shall remain available through September 30,

8 1997, to provide education and training to Federal court

9 personnel; and of which not to exceed $1,000 is authorized

10 for official reception and representation expenses.

11 JUDICIAL RETIREMENT FUNDS

12 PAYMENT TO JUDICIARY TRUST FUNDS

13 For payment to the Judicial Officers’ Retirement

14 Fund, as authorized by 28 U.S.C. 377(o), $24,000,000, to

15 the Judicial Survivors’ Annuities Fund, as authorized by

16 28 U.S.C. 376(c), $7,000,000, and to the United States

17 Court of Federal Claims Judges’ Retirement Fund, as au18 thorized by 28 U.S.C. 178(l), $1,900,000.

19 UNITED STATES SENTENCING COMMISSION

20 SALARIES AND EXPENSES

21 For the salaries and expenses necessary to carry out

22 the provisions of chapter 58 of title 28, United States Code,

23 $8,500,000, of which not to exceed $1,000 is authorized for

24 official reception and representation expenses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

4 be available for services as authorized by 5 U.S.C. 3109.

5 SEC. 302. Appropriations made in this title shall be

6 available for salaries and expenses of the Special Court es7 tablished under the Regional Rail Reorganization Act of

8 1973, Public Law 93–236.

9 SEC. 303. Not to exceed 5 percent of any appropriation

10 made available for the current fiscal year for the Judiciary

11 in this Act may be transferred between such appropriations,

12 but no such appropriation, except ‘‘Courts of Appeals, Dis13 trict Courts, and other Judicial Services, Defender Serv14 ices’’, shall be increased by more than 10 percent by any

15 such transfers: Provided, That any transfer pursuant to this

16 section shall be treated as a reprogramming of funds under

17 section 605 of this Act and shall not be available for obliga18 tion or expenditure except in compliance with the proce19 dures set forth in that section.

20 SEC. 304. Notwithstanding any other provision of law,

21 the salaries and expenses appropriation for district courts,

22 courts of appeals, and other judicial services shall be avail23 able for official reception and representation expenses of the

24 Judicial Conference of the United States: Provided, That

25 such available funds shall not exceed $10,000 and shall be
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1 administered by the Director of the Administrative Office

2 of the United States Courts in his capacity as Secretary

3 of the Judicial Conference.

4 SEC. 305. Section 333 of title 28, United States Code,

5 is amended—

6 (1) in the first paragraph by striking ‘‘shall’’ the

7 first, second, and fourth place it appears and insert8 ing ‘‘may’’; and

9 (2) in the second paragraph—

10 (A) by striking ‘‘shall’’ the first place it ap11 pears and inserting ‘‘may’’; and

12 (B) by striking ‘‘, and unless excused by the

13 chief judge, shall remain throughout the con14 ference’’.

15 This title may be cited as ‘‘The Judiciary Appropria16 tions Act, 1996’’.

17 TITLE IV—DEPARTMENT OF STATE AND

18 RELATED AGENCIES

19 DEPARTMENT OF STATE

20 ADMINISTRATION OF FOREIGN AFFAIRS

21 DIPLOMATIC AND CONSULAR PROGRAMS

22 For necessary expenses of the Department of State and

23 the Foreign Service not otherwise provided for, including

24 expenses authorized by the State Department Basic Au25 thorities Act of 1956, as amended; representation to certain
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1 international organizations in which the United States

2 participates pursuant to treaties, ratified pursuant to the

3 advice and consent of the Senate, or specific Acts of Con4 gress; acquisition by exchange or purchase of passenger

5 motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.

6 481(c) and 22 U.S.C. 2674; and for expenses of general ad7 ministration, $1,708,800,000: Provided, That notwith8 standing section 140(a)(5), and the second sentence of sec9 tion 140(a)(3) of the Foreign Relations Authorization Act,

10 Fiscal Years 1994 and 1995 (Public Law 103–236), not to

11 exceed $125,000,000 of fees may be collected during fiscal

12 year 1996 under the authority of section 140(a)(1) of that

13 Act: Provided further, That all fees collected under the pre14 ceding proviso shall be deposited in fiscal year 1996 as an

15 offsetting collection to appropriations made under this

16 heading to recover the costs of providing consular services

17 and shall remain available until expended: Provided fur18 ther, That starting in fiscal year 1997, a system shall be

19 in place that allocates to each department and agency the

20 full cost of its presence outside of the United States.

21 Of the funds provided under this heading, $24,856,000

22 shall be available only for the Diplomatic Telecommuni23 cations Service for operation of existing base services and

24 not to exceed $17,144,000 shall be available only for the en25 hancement of the Diplomatic Telecommunications Service
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1 and shall remain available until expended. Of the latter

2 amount, $9,600,000 shall not be made available until expi3 ration of the 15 day period beginning on the date when

4 the Secretary of State and the Director of the Diplomatic

5 Telecommunications Service submit the pilot program re6 port required by section 507 of Public Law 103–317.

7 In addition, not to exceed $700,000 in registration fees

8 collected pursuant to section 38 of the Arms Export Control

9 Act, as amended, may be used in accordance with section

10 45 of the State Department Basic Authorities Act of 1956,

11 22 U.S.C. 2717; and in addition not to exceed $1,223,000

12 shall be derived from fees from other executive agencies for

13 lease or use of facilities located at the International Center

14 in accordance with section 4 of the International Center

15 Act (Public Law 90–553, as amended by section 120 of Pub16 lic Law 101–246); and in addition not to exceed $15,000

17 which shall be derived from reimbursements, surcharges,

18 and fees for use of Blair House facilities in accordance with

19 section 46 of the State of Department Basic Authorities Act

20 of 1956 (22 U.S.C. 2718(a)).

21 Notwithstanding section 402 of this Act, not to exceed

22 20 percent of the amounts made available in this Act in

23 the appropriation accounts, ‘‘Diplomatic and Consular

24 Programs’’ and ‘‘Salaries and Expenses’’ under the heading

25 ‘‘Administration of Foreign Affairs’’ may be transferred be-
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1 tween such appropriation accounts: Provided, That any

2 transfer pursuant to this section shall be treated as a

3 reprogramming of funds under section 605 of this Act and

4 shall not be available for obligation or expenditure except

5 in compliance with the procedures set forth in that section.

6 For an additional amount for security enhancements

7 to counter the threat of terrorism, $9,720,000, to remain

8 available until expended.

9 SALARIES AND EXPENSES

10 For expenses necessary for the general administration

11 of the Department of State and the Foreign Service, pro12 vided for by law, including expenses authorized by section

13 9 of the Act of August 31, 1964, as amended (31 U.S.C.

14 3721), and the State Department Basic Authorities Act of

15 1956, as amended, $363,276,000.

16 For an additional amount for security enhancements

17 to counter the threat of terrorism, $1,870,000, to remain

18 available until expended.

19 CAPITAL INVESTMENT FUND

20 For necessary expenses of the Capital Investment

21 Fund, $16,400,000, to remain available until expended, as

22 authorized in Public Law 103–236: Provided, That section

23 135(e) of Public Law 103–236 shall not apply to funds ap24 propriated under this heading.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General

4 Act of 1978, as amended (5 U.S.C. App.), $27,369,000, not5 withstanding section 209(a)(1) of the Foreign Service Act

6 of 1980 (Public Law 96–465), as it relates to post inspec7 tions: Provided, That notwithstanding any other provision

8 of law, (1) the Office of the Inspector General of the United

9 States Information Agency is hereby merged with the Office

10 of the Inspector General of the Department of State; (2) the

11 functions exercised and assigned to the Office of the Inspec12 tor General of the United States Information Agency before

13 the effective date of this Act (including all related functions)

14 are transferred to the Office of the Inspector General of the

15 Department of State; and (3) the Inspector General of the

16 Department of State shall also serve as the Inspector Gen17 eral of the United States Information Agency.

18 REPRESENTATION ALLOWANCES

19 For representation allowances as authorized by section

20 905 of the Foreign Service Act of 1980, as amended (22

21 U.S.C. 4085), $4,500,000.

22 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

23 For expenses, not otherwise provided, to enable the Sec24 retary of State to provide for extraordinary protective serv25 ices in accordance with the provisions of section 214 of the
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1 State Department Basic Authorities Act of 1956 (22 U.S.C.

2 4314) and 3 U.S.C. 208, $8,579,000.

3 SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

4 For necessary expenses for carrying out the Foreign

5 Service Buildings Act of 1926, as amended (22 U.S.C. 292–

6 300), and the Diplomatic Security Construction Program

7 as authorized by title IV of the Omnibus Diplomatic Secu8 rity and Antiterrorism Act of 1986 (22 U.S.C. 4851),

9 $385,760,000, to remain available until expended as au10 thorized by 22 U.S.C. 2696(c): Provided, That none of the

11 funds appropriated in this paragraph shall be available for

12 acquisition of furniture and furnishings and generators for

13 other departments and agencies.

14 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

15 SERVICE

16 For expenses necessary to enable the Secretary of State

17 to meet unforeseen emergencies arising in the Diplomatic

18 and Consular Service pursuant to the requirement of 31

19 U.S.C. 3526(e), $6,000,000, to remain available until ex20 pended as authorized by 22 U.S.C. 2696(c), of which not

21 to exceed $1,000,000 may be transferred to and merged with

22 the Repatriation Loans Program Account, subject to the

23 same terms and conditions.

24 REPATRIATION LOANS PROGRAM ACCOUNT

25 For the cost of direct loans, $593,000, as authorized

26 by 22 U.S.C. 2671: Provided, That such costs, including
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1 the cost of modifying such loans, shall be as defined in sec2 tion 502 of the Congressional Budget Act of 1974. In addi3 tion, for administrative expenses necessary to carry out the

4 direct loan program, $183,000 which may be transferred

5 to and merged with the Salaries and Expenses account

6 under Administration of Foreign Affairs.

7 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

8 For necessary expenses to carry out the Taiwan Rela9 tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.

10 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

11 DISABILITY FUND

12 For payment to the Foreign Service Retirement and

13 Disability Fund, as authorized by law, $125,402,000.

14 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

15 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

16 For expenses, not otherwise provided for, necessary to

17 meet annual obligations of membership in international

18 multilateral organizations, pursuant to treaties ratified

19 pursuant to the advice and consent of the Senate, conven20 tions or specific Acts of Congress, $700,000,000: Provided,

21 That any payment of arrearages shall be directed toward

22 special activities that are mutually agreed upon by the

23 United States and the respective international organiza24 tion: Provided further, That 20 percent of the funds appro25 priated in this paragraph for the assessed contribution of

26 the United States to the United Nations shall be withheld
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1 from obligation and expenditure until a certification is

2 made under section 401(b) of Public Law 103–236 for fiscal

3 year 1996: Provided further, That certification under sec4 tion 401(b) of Public Law 103–236 for fiscal year 1996 may

5 only be made if the Committees on Appropriations and For6 eign Relations of the Senate and the Committees on Appro7 priations and International Relations of the House of Rep8 resentatives are notified of the steps taken, and anticipated,

9 to meet the requirements of section 401(b) of Public Law

10 103–236 at least 15 days in advance of the proposed certifi11 cation: Provided further, That none of the funds appro12 priated in this paragraph shall be available for a United

13 States contribution to an international organization for the

14 United States share of interest costs made known to the

15 United States Government by such organization for loans

16 incurred on or after October 1, 1984, through external bor17 rowings.

18 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

19 ACTIVITIES

20 For necessary expenses to pay assessed and other ex21 penses of international peacekeeping activities directed to

22 the maintenance or restoration of international peace and

23 security, $225,000,000: Provided, That none of the funds

24 made available under this Act shall be obligated or expended

25 for any new or expanded United Nations peacekeeping mis26 sion unless, at least fifteen days in advance of voting for
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1 the new or expanded mission in the United Nations Secu2 rity Council (or in an emergency, as far in advance as is

3 practicable), (1) the Committees on Appropriations of the

4 House of Representatives and the Senate and other appro5 priate Committees of the Congress are notified of the esti6 mated cost and length of the mission, the vital national in7 terest that will be served, and the planned exit strategy; and

8 (2) a reprogramming of funds pursuant to section 605 of

9 this Act is submitted, and the procedures therein followed,

10 setting forth the source of funds that will be used to pay

11 for the cost of the new or expanded mission: Provided fur12 ther, That funds shall be available for peacekeeping expenses

13 only upon a certification by the Secretary of State to the

14 appropriate committees of the Congress that American

15 manufacturers and suppliers are being given opportunities

16 to provide equipment, services and material for United Na17 tions peacekeeping activities equal to those being given to

18 foreign manufacturers and suppliers.

19 INTERNATIONAL CONFERENCES AND CONTINGENCIES

20 For necessary expenses authorized by section 5 of the

21 State Department Basic Authorities Act of 1956, in addi22 tion to funds otherwise available for these purposes, con23 tributions for the United States share of general expenses

24 of international organizations and conferences and rep25 resentation to such organizations and conferences as pro26 vided for by 22 U.S.C. 2656 and 2672 and personal services
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1 without regard to civil service and classification laws as

2 authorized by 5 U.S.C. 5102, $3,000,000, to remain avail3 able until expended as authorized by 22 U.S.C. 2696(c), of

4 which not to exceed $200,000 may be expended for represen5 tation as authorized by 22 U.S.C. 4085.

6 INTERNATIONAL COMMISSIONS

7 For necessary expenses, not otherwise provided for, to

8 meet obligations of the United States arising under treaties,

9 or specific Acts of Congress, as follows:

10 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

11 UNITED STATES AND MEXICO

12 For necessary expenses for the United States Section

13 of the International Boundary and Water Commission,

14 United States and Mexico, and to comply with laws appli15 cable to the United States Section, including not to exceed

16 $6,000 for representation; as follows:

17 SALARIES AND EXPENSES

18 For salaries and expenses, not otherwise provided for,

19 $12,058,000.

20 CONSTRUCTION

21 For detailed plan preparation and construction of au22 thorized projects, $6,644,000, to remain available until ex23 pended as authorized by 22 U.S.C. 2696(c).

24 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

25 For necessary expenses, not otherwise provided for the

26 International Joint Commission and the International
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1 Boundary Commission, United States and Canada, as au2 thorized by treaties between the United States and Canada

3 or Great Britain, and for the Border Environment Coopera4 tion Commission as authorized by Public Law 103–182;

5 $5,800,000, of which not to exceed $9,000 shall be available

6 for representation expenses incurred by the International

7 Joint Commission.

8 INTERNATIONAL FISHERIES COMMISSIONS

9 For necessary expenses for international fisheries com10 missions, not otherwise provided for, as authorized by law,

11 $14,669,000: Provided, That the United States share of such

12 expenses may be advanced to the respective commissions,

13 pursuant to 31 U.S.C. 3324.

14 OTHER

15 PAYMENT TO THE ASIA FOUNDATION

16 For a grant to the Asia Foundation, as authorized by

17 section 501 of Public Law 101–246, $5,000,000, to remain

18 available until expended as authorized by 22 U.S.C.

19 2696(c).

20 RELATED AGENCIES

21 ARMS CONTROL AND DISARMAMENT AGENCY

22 ARMS CONTROL AND DISARMAMENT ACTIVITIES

23 For necessary expenses not otherwise provided, for

24 arms control, nonproliferation, and disarmament activities,

25 $35,700,000, of which not to exceed $50,000 shall be for offi26 cial reception and representation expenses as authorized by
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1 the Act of September 26, 1961, as amended (22 U.S.C. 2551

2 et seq.).

3 UNITED STATES INFORMATION AGENCY

4 SALARIES AND EXPENSES

5 For expenses, not otherwise provided for, necessary to

6 enable the United States Information Agency, as authorized

7 by the Mutual Educational and Cultural Exchange Act of

8 1961, as amended (22 U.S.C. 2451 et seq.), the United

9 States Information and Educational Exchange Act of 1948,

10 as amended (22 U.S.C. 1431 et seq.) and Reorganization

11 Plan No. 2 of 1977 (91 Stat. 1636), to carry out inter12 national communication, educational and cultural activi13 ties; and to carry out related activities authorized by law,

14 including employment, without regard to civil service and

15 classification laws, of persons on a temporary basis (not

16 to exceed $700,000 of this appropriation), as authorized by

17 22 U.S.C. 1471, and entertainment, including official re18 ceptions, within the United States, not to exceed $25,000

19 as authorized by 22 U.S.C. 1474(3); $445,645,000: Pro20 vided, That not to exceed $1,400,000 may be used for rep21 resentation abroad as authorized by 22 U.S.C. 1452 and

22 4085: Provided further, That not to exceed $7,615,000 to

23 remain available until expended, may be credited to this

24 appropriation from fees or other payments received from

25 or in connection with English teaching, library, motion pic-
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1 tures, and publication programs as authorized by section

2 810 of the United States Information and Educational Ex3 change Act of 1948, as amended: Provided further, That not

4 to exceed $1,700,000 to remain available until expended

5 may be used to carry out projects involving security con6 struction and related improvements for agency facilities not

7 physically located together with Department of State facili8 ties abroad.

9 TECHNOLOGY FUND

10 For expenses necessary to enable the United States In11 formation Agency to provide for the procurement of infor12 mation technology improvements, as authorized by the

13 United States Information and Educational Exchange Act

14 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

15 Educational and Cultural Exchange Act of 1961, as amend16 ed (22 U.S.C. 2451 et seq.), and Reorganization Plan No.

17 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available

18 until expended.

19 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

20 For expenses of educational and cultural exchange pro21 grams, as authorized by the Mutual Educational and Cul22 tural Exchange Act of 1961, as amended (22 U.S.C. 2451

23 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.

24 1636), $200,000,000, to remain available until expended as

25 authorized by 22 U.S.C. 2455: Provided, That $1,800,000

26 of this amount shall be available for the Mike Mansfield
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1 Fellowship Program as authorized by section 252 of Public

2 Law 103–236.

3 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

4 FUND

5 For necessary expenses of Eisenhower Exchange Fel6 lowships, Incorporated, as authorized by sections 4 and 5

7 of the Eisenhower Exchange Fellowship Act of 1990 (20

8 U.S.C. 5204–05), all interest and earnings accruing to the

9 Eisenhower Exchange Fellowship Program Trust Fund on

10 or before September 30, 1996, to remain available until ex11 pended: Provided, That none of the funds appropriated

12 herein shall be used to pay any salary or other compensa13 tion, or to enter into any contract providing for the pay14 ment thereof, in excess of the rate authorized by 5 U.S.C.

15 5376; or for purposes which are not in accordance with

16 OMB Circulars A–110 (Uniform Administrative Require17 ments) and A–122 (Cost Principles for Non-profit Organi18 zations), including the restrictions on compensation for per19 sonal services.

20 ISRAELI ARAB SCHOLARSHIP PROGRAM

21 For necessary expenses of the Israeli Arab Scholarship

22 Program as authorized by section 214 of the Foreign Rela23 tions Authorization Act, Fiscal Years 1992 and 1993 (22

24 U.S.C. 2452), all interest and earnings accruing to the Is25 raeli Arab Scholarship Fund on or before September 30,

26 1996, to remain available until expended.
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1 AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

2 For necessary expenses of American Studies Collections

3 as authorized by section 235 of the Foreign Relations Au4 thorization Act, Fiscal Years 1994 and 1995, all interest

5 and earnings accruing to the American Studies Collections

6 Endowment Fund on or before September 30, 1996, to re7 main available until expended.

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For expenses necessary to enable the United States In10 formation Agency, as authorized by the United States Infor11 mation and Educational Exchange Act of 1948, as amend12 ed, the United States International Broadcasting Act of

13 1994, as amended, and Reorganization Plan No. 2 of 1977,

14 to carry out international communication activities;

15 $325,191,000, of which $5,000,000 shall remain available

16 until expended, not to exceed $16,000 may be used for offi17 cial receptions within the United States as authorized by

18 22 U.S.C. 1474(3), not to exceed $35,000 may be used for

19 representation abroad as authorized by 22 U.S.C. 1452 and

20 4085, and not to exceed $39,000 may be used for official

21 reception and representation expenses of Radio Free Eu22 rope/Radio Liberty; and in addition, not to exceed $250,000

23 from fees as authorized by section 810 of the United States

24 Information and Educational Exchange Act of 1948, as

25 amended, to remain available until expended for carrying

26 out authorized purposes; and in addition, notwithstanding
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1 any other provision of law, not to exceed $1,000,000 in

2 monies received (including receipts from advertising, if

3 any) by or for the use of the United States Information

4 Agency from or in connection with broadcasting resources

5 owned by or on behalf of the Agency, to be available until

6 expended for carrying out authorized purposes.

7 BROADCASTING TO CUBA

8 For expenses necessary to enable the United States In9 formation Agency to carry out the Radio Broadcasting to

10 Cuba Act, as amended, the Television Broadcasting to Cuba

11 Act, and the International Broadcasting Act of 1994, in12 cluding the purchase, rent, construction, and improvement

13 of facilities for radio and television transmission and recep14 tion, and purchase and installation of necessary equipment

15 for radio and television transmission and reception,

16 $24,809,000 to remain available until expended: Provided,

17 That not later than April 1, 1996, the headquarters of the

18 Office of Cuba Broadcasting shall be relocated from Wash19 ington, D.C. to south Florida, and that any funds available

20 under the headings ‘‘International Broadcasting Oper21 ations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construc22 tion’’ may be available to carry out this relocation.

23 RADIO CONSTRUCTION

24 For an additional amount for the purchase, rent, con25 struction, and improvement of facilities for radio trans26 mission and reception and purchase and installation of nec-
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1 essary equipment for radio and television transmission and

2 reception as authorized by 22 U.S.C. 1471, $40,000,000, to

3 remain available until expended as authorized by 22 U.S.C.

4 1477b(a).

5 EAST-WEST CENTER

6 To enable the Director of the United States Informa7 tion Agency to provide for carrying out the provisions of

8 the Center for Cultural and Technical Interchange Between

9 East and West Act of 1960 (22 U.S.C. 2054–2057), by grant

10 to the Center for Cultural and Technical Interchange Be11 tween East and West in the State of Hawaii, $11,750,000:

12 Provided, That none of the funds appropriated herein shall

13 be used to pay any salary, or enter into any contract pro14 viding for the payment thereof, in excess of the rate author15 ized by 5 U.S.C. 5376.

16 NORTH/SOUTH CENTER

17 To enable the Director of the United States Informa18 tion Agency to provide for carrying out the provisions of

19 the North/South Center Act of 1991 (22 U.S.C. 2075), by

20 grant to an educational institution in Florida known as

21 the North/South Center, $2,000,000, to remain available

22 until expended.

23 NATIONAL ENDOWMENT FOR DEMOCRACY

24 For grants made by the United States Information

25 Agency to the National Endowment for Democracy as au-
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1 thorized by the National Endowment for Democracy Act,

2 $30,000,000, to remain available until expended.

3 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

4 RELATED AGENCIES

5 SEC. 401. Funds appropriated under this title shall

6 be available, except as otherwise provided, for allowances

7 and differentials as authorized by subchapter 59 of 5

8 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

9 hire of passenger transportation pursuant to 31 U.S.C.

10 1343(b).

11 SEC. 402. Not to exceed 5 percent of any appropriation

12 made available for the current fiscal year for the Depart13 ment of State in this Act may be transferred between such

14 appropriations, but no such appropriation, except as other15 wise specifically provided, shall be increased by more than

16 10 percent by any such transfers: Provided, That not to ex17 ceed 5 percent of any appropriation made available for the

18 current fiscal year for the United States Information Agen19 cy in this Act may be transferred between such appropria20 tions, but no such appropriation, except as otherwise spe21 cifically provided, shall be increased by more than 10 per22 cent by any such transfers: Provided further, That any

23 transfer pursuant to this section shall be treated as a

24 reprogramming of funds under section 605 of this Act and
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1 shall not be available for obligation or expenditure except

2 in compliance with the procedures set forth in that section.

3 SEC. 403. Funds appropriated or otherwise made

4 available under this Act or any other Act may be expended

5 for compensation of the United States Commissioner of the

6 International Boundary Commission, United States and

7 Canada, only for actual hours worked by such Commis8 sioner.

9 SEC. 404. (a) No later than 90 days after enactment

10 of legislation consolidating, reorganizing or downsizing the

11 functions of the Department of State, the United States In12 formation Agency, and the Arms Control and Disarmament

13 Agency, the Secretary of State, the Director of the United

14 States Information Agency and the Director of the Arms

15 Control and Disarmament Agency shall submit to the Com16 mittees on Appropriations of the House and the Senate a

17 proposal for transferring or rescinding funds appropriated

18 herein for functions that are consolidated, reorganized or

19 downsized under such legislation: Provided, That such plan

20 shall be transmitted in accordance with section 605 of this

21 Act.

22 (b) The Secretary of State, the Director of the United

23 States Information Agency, and the Director of the Arms

24 Control and Disarmament Agency, as appropriate, may use

25 any available funds to cover the costs of actions to consoli-
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1 date, reorganize or downsize the functions under their au2 thority required by such legislation, and of any related per3 sonnel action, including voluntary separation incentives if

4 authorized by such legislation: Provided, That the authority

5 to transfer funds between appropriations accounts that may

6 be necessary to carry out this section is provided in addi7 tion to authorities included under section 402 of this Act:

8 Provided further, That use of funds to carry out this section

9 shall be treated as a reprogramming of funds under section

10 605 of this Act and shall not be available for obligation

11 or expenditure except in compliance with the procedures set

12 forth in that section.

13 SEC. 405. Funds appropriated by this Act for the

14 United States Information Agency, the Arms Control and

15 Disarmament Agency, and the Department of State may

16 be obligated and expended notwithstanding section 701 of

17 the United States Information and Educational Exchange

18 Act of 1948 and section 313 of the Foreign Relations Au19 thorization Act, Fiscal Years 1994 and 1995, section 53 of

20 the Arms Control and Disarmament Act, and section 15

21 of the State Department Basic Authorities Act of 1956.

22 SEC. 406. Section 36(a)(1) of the State Department

23 Authorities Act of 1956, as amended (22 U.S.C. 2708), is

24 amended to delete ‘‘may pay a reward’’ and insert in lieu
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1 thereof ‘‘shall establish and publicize a program under

2 which rewards may be paid’’.

3 SEC. 407. Section 8 of the Eisenhower Exchange Fel4 lowship Act of 1990 is amended in the last sentence by strik5 ing ‘‘fiscal year 1995’’ and inserting ‘‘fiscal year 1999’’.

6 SEC. 408. Sections 6(a) and 6(b) of Public Law 101–

7 454 are repealed. In addition, notwithstanding any other

8 provision of law, Eisenhower Exchange Fellowships, Incor9 porated, may use one-third of any earned but unused trust

10 income from the period 1992 through 1995 for Fellowship

11 purposes in each of fiscal years 1996–1998.

12 SEC. 409. It is the sense of the Senate that none of

13 the funds appropriated or otherwise made available pursu14 ant to this Act should be used for the deployment of combat15 equipped forces of the Armed Forces of the United States

16 for any ground operations in Bosnia and Herzegovina un17 less—

18 (1) Congress approves in advance the deployment

19 of such forces of the Armed Forces; or

20 (2) the temporary deployment of such forces of

21 the Armed Forces of the United States into Bosnia

22 and Herzegovina is necessary to evacuate United Na23 tions peacekeeping forces from a situation of immi24 nent danger, to undertake emergency air rescue oper25 ations, or to provide for the airborne delivery of hu-
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1 manitarian supplies, and the President reports as

2 soon as practicable to Congress after the initiation of

3 the temporary deployment, but in no case later than

4 48 hours after the initiation of the deployment.

5 SEC. 410. Any costs incurred by a Department or

6 agency funded under this title resulting from personnel ac7 tions taken in response to funding reductions included in

8 this title shall be absorbed within the total budgetary re9 sources available to such Department or agency: Provided,

10 That the authority to transfer funds between appropriations

11 accounts as may be necessary to carry out this provision

12 is provided in addition to authorities included elsewhere in

13 this Act: Provided further, That use of funds to carry out

14 this section shall be treated as a reprogramming of funds

15 under section 605 of this Act and shall not be available for

16 obligation or expenditure except in compliance with the

17 procedures set forth in that section.

18 SEC. 411. Section 235 of the Foreign Relations Author19 ization Act, Fiscal Years 1990 and 1991 (Public Law 101–

20 246) is amended by inserting ‘‘Tinian,’’ after ‘‘Sao Tome,’’.

21 This title may be cited as the ‘‘Department of State

22 and Related Agencies Appropriations Act, 1996’’.
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1 TITLE V—RELATED AGENCIES

2 DEPARTMENT OF TRANSPORTATION

3 MARITIME ADMINISTRATION

4 OPERATING-DIFFERENTIAL SUBSIDIES

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 For the payment of obligations incurred for operating7 differential subsidies as authorized by the Merchant Marine

8 Act, 1936, as amended, $162,610,000, to remain available

9 until expended.

10 MARITIME NATIONAL SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a

12 U.S.-flag merchant fleet to serve the national security needs

13 of the United States as determined by the Secretary of De14 fense in consultation with the Secretary of Transportation,

15 $46,000,000, to remain available until expended: Provided,

16 That these funds will be available only upon enactment of

17 an authorization for this program.

18 OPERATIONS AND TRAINING

19 For necessary expenses of operations and training ac20 tivities authorized by law, $66,600,000, to remain available

21 until expended: Provided, That notwithstanding any other

22 provision of law, the Secretary of Transportation may use

23 proceeds derived from the sale or disposal of National De24 fense Reserve Fleet vessels that are currently collected and

25 retained by the Maritime Administration, to be used for

26 facility and ship maintenance, modernization and repair,
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1 conversion, acquisition of equipment, and fuel costs nec2 essary to maintain training at the United States Merchant

3 Marine Academy and State maritime academies and may

4 be transferred to the Secretary of the Interior for use as

5 provided in the National Maritime Heritage Act (Public

6 Law 103–451): Provided further, That reimbursements may

7 be made to this appropriation from receipts to the ‘‘Federal

8 Ship Financing Fund’’ for administrative expenses in sup9 port of that program in addition to any amount heretofore

10 appropriated.

11 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

12 ACCOUNT

13 For the cost of guaranteed loans, as authorized by the

14 Merchant Marine Act of 1936, $40,000,000, to remain

15 available until expended: Provided, That such costs, includ16 ing the cost of modifying such loans, shall be as defined

17 in section 502 of the Congressional Budget Act of 1974, as

18 amended: Provided further, That these funds are available

19 to subsidize total loan principal, any part of which is to

20 be guaranteed, not to exceed $1,000,000,000.

21 In addition, for administrative expenses to carry out

22 the guaranteed loan program, not to exceed $3,500,000,

23 which shall be transferred to and merged with the appro24 priation for Operations and Training.
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1 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

2 Notwithstanding any other provision of this Act, the

3 Maritime Administration is authorized to furnish utilities

4 and services and make necessary repairs in connection with

5 any lease, contract, or occupancy involving Government

6 property under control of the Maritime Administration,

7 and payments received therefor shall be credited to the ap8 propriation charged with the cost thereof: Provided, That

9 rental payments under any such lease, contract, or occu10 pancy for items other than such utilities, services, or repairs

11 shall be covered into the Treasury as miscellaneous receipts.

12 No obligations shall be incurred during the current fis13 cal year from the construction fund established by the Mer14 chant Marine Act, 1936, or otherwise, in excess of the ap15 propriations and limitations contained in this Act or in

16 any prior appropriation Act, and all receipts which other17 wise would be deposited to the credit of said fund shall be

18 covered into the Treasury as miscellaneous receipts.

19 COMMISSION FOR THE PRESERVATION OF AMERICA’S

20 HERITAGE ABROAD

21 SALARIES AND EXPENSES

22 For expenses for the Commission for the Preservation

23 of America’s Heritage Abroad, $206,000, as authorized by

24 Public Law 99–83, section 1303.
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1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil

4 Rights, including hire of passenger motor vehicles,

5 $8,750,000: Provided, That not to exceed $50,000 may be

6 used to employ consultants: Provided further, That none of

7 the funds appropriated in this paragraph shall be used to

8 employ in excess of four full-time individuals under Sched9 ule C of the Excepted Service exclusive of one special assist10 ant for each Commissioner: Provided further, That none of

11 the funds appropriated in this paragraph shall be used to

12 reimburse Commissioners for more than 75 billable days,

13 with the exception of the Chairperson who is permitted 125

14 billable days.

15 COMMISSION ON IMMIGRATION REFORM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Commission on Immi18 gration Reform pursuant to section 141(f) of the Immigra19 tion Act of 1990, $1,894,000, to remain available until ex20 pended.

21 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Security

24 and Cooperation in Europe, as authorized by Public Law
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1 94–304, $1,090,000, to remain available until expended as

2 authorized by section 3 of Public Law 99–7.

3 COMPETITIVENESS POLICY COUNCIL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Competitiveness Policy

6 Council, $100,000.

7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Equal Employment Op10 portunity Commission as authorized by title VII of the

11 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

12 and 621–634), the Americans with Disabilities Act of 1990

13 and the Civil Rights Act of 1991, including services as au14 thorized by 5 U.S.C. 3109; hire of passenger motor vehicles

15 as authorized by 31 U.S.C. 1343(b); nonmonetary awards

16 to private citizens; not to exceed $26,500,000, for payments

17 to State and local enforcement agencies for services to the

18 Commission pursuant to title VII of the Civil Rights Act

19 of 1964, as amended, sections 6 and 14 of the Age Discrimi20 nation in Employment Act, the Americans with Disabilities

21 Act of 1990, and the Civil Rights Act of 1991; $233,000,000:

22 Provided, That the Commission is authorized to make

23 available for official reception and representation expenses

24 not to exceed $2,500 from available funds.
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1 FEDERAL COMMUNICATIONS COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Communications

4 Commission, as authorized by law, including uniforms and

5 allowances therefor, as authorized by 5 U.S.C. 5901–02; not

6 to exceed $600,000 for land and structure; not to exceed

7 $500,000 for improvement and care of grounds and repair

8 to buildings; not to exceed $4,000 for official reception and

9 representation expenses; purchase (not to exceed sixteen)

10 and hire of motor vehicles; special counsel fees; and services

11 as authorized by 5 U.S.C. 3109; $195,709,000, of which not

12 to exceed $300,000 shall remain available until September

13 30, 1997, for research and policy studies: Provided, That

14 $136,400,000 of offsetting collections shall be assessed and

15 collected pursuant to section 9 of title I of the Communica16 tions Act of 1934, as amended, and shall be retained and

17 used for necessary expenses in this appropriation, and shall

18 remain available until expended: Provided further, That the

19 sum herein appropriated shall be reduced as such offsetting

20 collections are received during fiscal year 1996 so as to re21 sult in a final fiscal year 1996 appropriation estimated at

22 $59,309,000: Provided further, That any offsetting collec23 tions received in excess of $136,400,000 in fiscal year 1996

24 shall remain available until expended, but shall not be

25 available for obligation until October 1, 1996: Provided fur-
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1 ther, That the Commission shall amend its schedule of regu2 latory fees set forth in section 1.1153 of title 47, CFR, au3 thorized by section 9 of title I of the Communications Act

4 of 1934, as amended by: (1) striking ‘‘$22,420’’ in the An5 nual Regulatory Fee column for VHF Commercial Markets

6 1 through 10 and inserting ‘‘$32,000’’; (2) striking

7 ‘‘$19,925’’ in the Annual Regulatory Fee column for VHF

8 Commercial Markets 11 through 25 and inserting

9 ‘‘$26,000’’; (3) striking ‘‘$14,950’’ in the Annual Regu10 latory Fee column for VHF Commercial Markets 26 through

11 50 and inserting ‘‘$17,000’’; (4) striking ‘‘$9,975’’ in the

12 Annual Regulatory Fee column for VHF Commercial Mar13 kets 51 through 100 and inserting ‘‘$9,000’’; (5) striking

14 ‘‘$6,225’’ in the Annual Regulatory Fee column for VHF

15 Commercial Remaining Markets and inserting ‘‘$2,500’’;

16 and (6) striking ‘‘$17,925’’ in the Annual Regulatory Fee

17 column for UHF Commercial Markets 1 through 10 and

18 inserting ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in the Annual

19 Regulatory Fee column for UHF Commercial Markets 11

20 through 25 and inserting ‘‘$20,000’’; (8) striking ‘‘$11,950’’

21 in the Annual Regulatory Fee column for UHF Commercial

22 Markets 26 through 50 and inserting ‘‘$13,000’’; (9) strik23 ing ‘‘$7,975’’ in the Annual Regulatory Fee column for

24 UHF Commercial Markets 51 through 100 and inserting

25 ‘‘$7,000’’; and (10) striking ‘‘$4,975’’ in the Annual Regu-
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1 latory Fee column for UHF Commercial Remaining Mar2 kets and inserting ‘‘$2,000’’: Provided further, That the

3 FCC shall pay the travel-related expenses of the Federal4 State Joint Board on Universal Service for those activities

5 described in the Telecommunications Act of 1996 (47 U.S.C.

6 254(a)(1)).

7 FEDERAL MARITIME COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Maritime Com10 mission as authorized by section 201(d) of the Merchant

11 Marine Act of 1936, as amended (46 App. U.S.C. 1111),

12 including services as authorized by 5 U.S.C. 3109; hire of

13 passenger motor vehicles as authorized by 31 U.S.C.

14 1343(b); and uniforms or allowances therefor, as authorized

15 by 5 U.S.C. 5901–02; $14,855,000: Provided, That not to

16 exceed $2,000 shall be available for official reception and

17 representation expenses.

18 FEDERAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Trade Commis21 sion, including uniforms or allowances therefor, as author22 ized by 5 U.S.C. 5901–5902; services as authorized by 5

23 U.S.C. 3109; hire of passenger motor vehicles; and not to

24 exceed $2,000 for official reception and representation ex25 penses; $79,568,000: Provided, That not to exceed $300,000
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1 shall be available for use to contract with a person or per2 sons for collection services in accordance with the terms of

3 31 U.S.C. 3718, as amended: Provided further, That not4 withstanding any other provision of law, not to exceed

5 $48,262,000 of offsetting collections derived from fees col6 lected for premerger notification filings under the Hart7 Scott-Rodino Antitrust Improvements Act of 1976 (15

8 U.S.C. 18(a)) shall be retained and used for necessary ex9 penses in this appropriation, and shall remain available

10 until expended: Provided further, That the sum herein ap11 propriated from the General Fund shall be reduced as such

12 offsetting collections are received during fiscal year 1996,

13 so as to result in a final fiscal year 1996 appropriation

14 from the General Fund estimated at not more than

15 $31,306,000, to remain available until expended: Provided

16 further, That any fees received in excess of $48,262,000 in

17 fiscal year 1996 shall remain available until expended, but

18 shall not be available for obligation until October 1, 1996:

19 Provided further, That none of the funds made available

20 to the Federal Trade Commission shall be available for obli21 gation for expenses authorized by section 151 of the Federal

22 Deposit Insurance Corporation Improvement Act of 1991

23 (Public Law 102–242, 105 Stat. 2282–2285).
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1 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

2 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

3 For expenses of the Japan-United States Friendship

4 Commission, as authorized by Public Law 94–118, as

5 amended, from the interest earned on the Japan-United

6 States Friendship Trust Fund, $1,247,000; and an amount

7 of Japanese currency not to exceed the equivalent of

8 $1,420,000 based on exchange rates at the time of payment

9 of such amounts as authorized by Public Law 94–118.

10 LEGAL SERVICES CORPORATION

11 PAYMENT TO THE LEGAL SERVICES CORPORATION

12 For payment to the Legal Services Corporation to

13 carry out the purposes of the Legal Services Corporation

14 Act of 1974, as amended, $300,000,000, of which

15 $290,750,000 is for basic field programs and required inde16 pendent audits carried out in accordance with section 509;

17 $250,000 is for a payment to an opposing party for attor18 ney’s fees and expenses relating to civil actions named In

19 the Matter of Baby Boy Doe, and Doe v. Roe and Indian

20 tribe, with docket numbers 19512 and 21723 (Idaho Feb21 ruary 23, 1996); $1,500,000 is for the Office of the Inspector

22 General, of which such amounts as may be necessary may

23 be used to conduct additional audits of recipients in accord24 ance with section 509 of this Act; and $7,500,000 is for

25 management and administration: Provided, That
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1 $198,750,000 of the total amount provided under this head2 ing for basic field programs shall not be available except

3 for the competitive award of grants and contracts under

4 section 503 of this Act.

5 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

6 CORPORATION

7 SEC. 501. (a) Funds appropriated under this Act to

8 the Legal Services Corporation for basic field programs

9 shall be distributed as follows:

10 (1) The Corporation shall define geographic

11 areas and make the funds available for each geo12 graphic area on a per capita basis relative to the

13 number of individuals in poverty determined by the

14 Bureau of the Census to be within the geographic

15 area, except as provided in paragraph (2)(B). Funds

16 for such a geographic area may be distributed by the

17 Corporation to 1 or more persons or entities eligible

18 for funding under section 1006(a)(1)(A) of the Legal

19 Services Corporation Act (42 U.S.C. 2996e(a)(1)(A)),

20 subject to sections 502 and 504.

21 (2) Funds for grants from the Corporation, and

22 contracts entered into by the Corporation for basic

23 field programs, shall be allocated so as to provide—

24 (A) except as provided in subparagraph

25 (B), an equal figure per individual in poverty

26 for all geographic areas, as determined on the
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1 basis of the most recent decennial census of popu2 lation conducted pursuant to section 141 of title

3 13, United States Code (or, in the case of the Re4 public of Palau, the Federated States of Microne5 sia, the Republic of the Marshall Islands, Alaska,

6 Hawaii, and the United States Virgin Islands,

7 on the basis of the adjusted population counts

8 historically used as the basis for such determina9 tions); and

10 (B) an additional amount for Native Amer11 ican communities that received assistance under

12 the Legal Services Corporation Act for fiscal

13 year 1995, so that the proportion of the funds

14 appropriated to the Legal Services Corporation

15 for basic field programs for fiscal year 1996 that

16 is received by the Native American communities

17 shall be not less than the proportion of such

18 funds appropriated for fiscal year 1995 that was

19 received by the Native American communities.

20 (b) As used in this section:

21 (1) The term ‘‘individual in poverty’’ means an

22 individual who is a member of a family (of 1 or more

23 members) with an income at or below the poverty

24 line.
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1 (2) The term ‘‘poverty line’’ means the poverty

2 line (as defined by the Office of Management and

3 Budget, and revised annually in accordance with sec4 tion 673(2) of the Community Services Block Grant

5 Act (42 U.S.C. 9902(2)) applicable to a family of the

6 size involved.

7 SEC. 502. None of the funds appropriated in this Act

8 to the Legal Services Corporation shall be used by the Cor9 poration to make a grant, or enter into a contract, for the

10 provision of legal assistance unless the Corporation ensures

11 that the person or entity receiving funding to provide such

12 legal assistance is—

13 (1) a private attorney admitted to practice in a

14 State or the District of Columbia;

15 (2) a qualified nonprofit organization, chartered

16 under the laws of a State or the District of Columbia,

17 that—

18 (A) furnishes legal assistance to eligible cli19 ents; and

20 (B) is governed by a board of directors or

21 other governing body, the majority of which is

22 comprised of attorneys who—

23 (i) are admitted to practice in a State

24 or the District of Columbia; and
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1 (ii) are appointed to terms of office on

2 such board or body by the governing body of

3 a State, county, or municipal bar associa4 tion, the membership of which represents a

5 majority of the attorneys practicing law in

6 the locality in which the organization is to

7 provide legal assistance;

8 (3) a State or local government (without regard

9 to section 1006(a)(1)(A)(ii) of the Legal Services Cor10 poration Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or

11 (4) a substate regional planning or coordination

12 agency that serves a substate area and whose govern13 ing board is controlled by locally elected officials.

14 SEC. 503. (a)(1) Not later than April 1, 1996, the

15 Legal Services Corporation shall implement a system of

16 competitive awards of grants and contracts for all basic

17 field programs, which shall apply to all such grants and

18 contracts awarded by the Corporation after March 31, 1996,

19 from funds appropriated in this Act.

20 (2) Any grant or contract awarded before April 1,

21 1996, by the Legal Services Corporation to a basic field pro22 gram for 1996—

23 (A) shall not be for an amount greater than the

24 amount required for the period ending March 31,

25 1996;
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1 (B) shall terminate at the end of such period;

2 and

3 (C) shall not be renewable except in accordance

4 with the system implemented under paragraph (1).

5 (3) The amount of grants and contracts awarded before

6 April 1, 1996, by the Legal Services Corporation for basic

7 field programs for 1996 in any geographic area described

in section 501 shall not exceed an amount equal to 3 8 ⁄12 of

9 the total amount to be distributed for such programs for

10 1996 in such area.

11 (b) Not later than 60 days after the date of enactment

12 of this Act, the Legal Services Corporation shall promulgate

13 regulations to implement a competitive selection process for

14 the recipients of such grants and contracts.

15 (c) Such regulations shall specify selection criteria for

16 the recipients, which shall include—

17 (1) a demonstration of a full understanding of

18 the basic legal needs of the eligible clients to be served

19 and a demonstration of the capability of serving the

20 needs;

21 (2) the quality, feasibility, and cost effectiveness

22 of a plan submitted by an applicant for the delivery

23 of legal assistance to the eligible clients to be served;

24 and
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1 (3) the experience of the Legal Services Corpora2 tion with the applicant, if the applicant has pre3 viously received financial assistance from the Cor4 poration, including the record of the applicant of past

5 compliance with Corporation policies, practices, and

6 restrictions.

7 (d) Such regulations shall ensure that timely notice

8 regarding an opportunity to submit an application for such

9 an award is published in periodicals of local and State bar

10 associations and in at least 1 daily newspaper of general

11 circulation in the area to be served by the person or entity

12 receiving the award.

13 (e) No person or entity that was previously awarded

14 a grant or contract by the Legal Services Corporation for

15 the provision of legal assistance may be given any pref16 erence in the competitive selection process.

17 (f) For the purposes of the funding provided in this

18 Act, rights under sections 1007(a)(9) and 1011 of the Legal

19 Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42

20 U.S.C. 2996j) shall not apply.

21 SEC. 504. (a) None of the funds appropriated in this

22 Act to the Legal Services Corporation may be used to pro23 vide financial assistance to any person or entity (which

24 may be referred to in this section as a ‘‘recipient’’)—
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1 (1) that makes available any funds, personnel, or

2 equipment for use in advocating or opposing any

3 plan or proposal, or represents any party or partici4 pates in any other way in litigation, that is intended

5 to or has the effect of altering, revising, or reappor6 tioning a legislative, judicial, or elective district at

7 any level of government, including influencing the

8 timing or manner of the taking of a census;

9 (2) that attempts to influence the issuance,

10 amendment, or revocation of any executive order, reg11 ulation, or other statement of general applicability

12 and future effect by any Federal, State, or local agen13 cy;

14 (3) that attempts to influence any part of any

15 adjudicatory proceeding of any Federal, State, or

16 local agency if such part of the proceeding is designed

17 for the formulation or modification of any agency

18 policy of general applicability and future effect;

19 (4) that attempts to influence the passage or de20 feat of any legislation, constitutional amendment, ref21 erendum, initiative, or any similar procedure of the

22 Congress or a State or local legislative body;

23 (5) that attempts to influence the conduct of

24 oversight proceedings of the Corporation or any per-
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1 son or entity receiving financial assistance provided

2 by the Corporation;

3 (6) that pays for any personal service, advertise4 ment, telegram, telephone communication, letter,

5 printed or written matter, administrative expense, or

6 related expense, associated with an activity prohibited

7 in this section;

8 (7) that initiates or participates in a class ac9 tion suit;

10 (8) that files a complaint or otherwise initiates

11 or participates in litigation against a defendant, or

12 engages in a precomplaint settlement negotiation with

13 a prospective defendant, unless—

14 (A) each plaintiff has been specifically iden15 tified, by name, in any complaint filed for pur16 poses of such litigation or prior to the

17 precomplaint settlement negotiation; and

18 (B) a statement or statements of facts writ19 ten in English and, if necessary, in a language

20 that the plaintiffs understand, that enumerate

21 the particular facts known to the plaintiffs on

22 which the complaint is based, have been signed

23 by the plaintiffs, are kept on file by the recipi24 ent, and are made available to any Federal de25 partment or agency that is auditing or monitor-
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1 ing the activities of the Corporation or of the re2 cipient, and to any auditor or monitor receiving

3 Federal funds to conduct such auditing or mon4 itoring, including any auditor or monitor of the

5 Corporation:

6 Provided, That upon establishment of reasonable

7 cause that an injunction is necessary to prevent prob8 able, serious harm to such potential plaintiff, a court

9 of competent jurisdiction may enjoin the disclosure of

10 the identity of any potential plaintiff pending the

11 outcome of such litigation or negotiations after notice

12 and an opportunity for a hearing is provided to po13 tential parties to the litigation or the negotiations:

14 Provided further, That other parties to the litigation

15 or negotiation shall have access to the statement of

16 facts referred to in subparagraph (B) only through

17 the discovery process after litigation has begun;

18 (9) unless—

19 (A) prior to the provision of financial as20 sistance—

21 (i) if the person or entity is a non22 profit organization, the governing board of

23 the person or entity has set specific prior24 ities in writing, pursuant to section

25 1007(a)(2)(C)(i) of the Legal Services Cor-
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1 poration Act (42 U.S.C. 2996f(a)(2)(C)(i)),

2 of the types of matters and cases to which

3 the staff of the nonprofit organization shall

4 devote time and resources; and

5 (ii) the staff of such person or entity

6 has signed a written agreement not to un7 dertake cases or matters other than in ac8 cordance with the specific priorities set by

9 such governing board, except in emergency

10 situations defined by such board and in ac11 cordance with the written procedures of

12 such board for such situations; and

13 (B) the staff of such person or entity pro14 vides to the governing board on a quarterly

15 basis, and to the Corporation on an annual

16 basis, information on all cases or matters under17 taken other than cases or matters undertaken in

18 accordance with such priorities;

19 (10) unless—

20 (A) prior to receiving the financial assist21 ance, such person or entity agrees to maintain

22 records of time spent on each case or matter with

23 respect to which the person or entity is engaged;

24 (B) any funds, including Interest on Law25 yers Trust Account funds, received from a source
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1 other than the Corporation by the person or en2 tity, and disbursements of such funds, are ac3 counted for and reported as receipts and dis4 bursements, respectively, separate and distinct

5 from Corporation funds; and

6 (C) the person or entity agrees (notwith7 standing section 1006(b)(3) of the Legal Services

8 Corporation Act (42 U.S.C. 2996e(b)(3)) to make

9 the records described in this paragraph available

10 to any Federal department or agency that is au11 diting or monitoring the activities of the Cor12 poration or of the recipient, and to any inde13 pendent auditor or monitor receiving Federal

14 funds to conduct such auditing or monitoring,

15 including any auditor or monitor of the Cor16 poration;

17 (11) that provides legal assistance for or on be18 half of any alien, unless the alien is present in the

19 United States and is—

20 (A) an alien lawfully admitted for perma21 nent residence as defined in section 101(a)(20) of

22 the Immigration and Nationality Act (8 U.S.C.

23 1101(a)(20));

24 (B) an alien who—
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1 (i) is married to a United States citi2 zen or is a parent or an unmarried child

3 under the age of 21 years of such a citizen;

4 and

5 (ii) has filed an application to adjust

6 the status of the alien to the status of a law7 ful permanent resident under the Immigra8 tion and Nationality Act (8 U.S.C. 1101 et

9 seq.), which application has not been re10 jected;

11 (C) an alien who is lawfully present in the

12 United States pursuant to an admission under

13 section 207 of the Immigration and Nationality

14 Act (8 U.S.C. 1157) (relating to refugee admis15 sion) or who has been granted asylum by the At16 torney General under such Act;

17 (D) an alien who is lawfully present in the

18 United States as a result of withholding of de19 portation by the Attorney General pursuant to

20 section 243(h) of the Immigration and National21 ity Act (8 U.S.C. 1253(h));

22 (E) an alien to whom section 305 of the Im23 migration Reform and Control Act of 1986 (8

24 U.S.C. 1101 note) applies, but only to the extent
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1 that the legal assistance provided is the legal as2 sistance described in such section; or

3 (F) an alien who is lawfully present in the

4 United States as a result of being granted condi5 tional entry to the United States before April 1,

6 1980, pursuant to section 203(a)(7) of the Immi7 gration and Nationality Act (8 U.S.C.

8 1153(a)(7)), as in effect on March 31, 1980, be9 cause of persecution or fear of persecution on ac10 count of race, religion, or political calamity;

11 (12) that supports or conducts a training pro12 gram for the purpose of advocating a particular pub13 lic policy or encouraging a political activity, a labor

14 or antilabor activity, a boycott, picketing, a strike, or

15 a demonstration, including the dissemination of in16 formation about such a policy or activity, except that

17 this paragraph shall not be construed to prohibit the

18 provision of training to an attorney or a paralegal to

19 prepare the attorney or paralegal to provide—

20 (A) adequate legal assistance to eligible cli21 ents; or

22 (B) advice to any eligible client as to the

23 legal rights of the client;

24 (13) that claims (or whose employee claims), or

25 collects and retains, attorneys’ fees pursuant to any
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1 Federal or State law permitting or requiring the

2 awarding of such fees;

3 (14) that participates in any litigation with re4 spect to abortion;

5 (15) that participates in any litigation on behalf

6 of a person incarcerated in a Federal, State, or local

7 prison;

8 (16) that initiates legal representation or par9 ticipates in any other way, in litigation, lobbying, or

10 rulemaking, involving an effort to reform a Federal or

11 State welfare system, except that this paragraph shall

12 not be construed to preclude a recipient from rep13 resenting an individual eligible client who is seeking

14 specific relief from a welfare agency if such relief does

15 not involve an effort to amend or otherwise challenge

16 existing law in effect on the date of the initiation of

17 the representation;

18 (17) that defends a person in a proceeding to

19 evict the person from a public housing project if—

20 (A) the person has been charged with the il21 legal sale or distribution of a controlled sub22 stance; and

23 (B) the eviction proceeding is brought by a

24 public housing agency because the illegal drug

25 activity of the person threatens the health or
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1 safety of another tenant residing in the public

2 housing project or employee of the public housing

3 agency;

4 (18) unless such person or entity agrees that the

5 person or entity, and the employees of the person or

6 entity, will not accept employment resulting from in7 person unsolicited advice to a nonattorney that such

8 nonattorney should obtain counsel or take legal ac9 tion, and will not refer such nonattorney to another

10 person or entity or an employee of the person or en11 tity, that is receiving financial assistance provided by

12 the Corporation; or

13 (19) unless such person or entity enters into a

14 contractual agreement to be subject to all provisions

15 of Federal law relating to the proper use of Federal

16 funds, the violation of which shall render any grant

17 or contractual agreement to provide funding null and

18 void, and, for such purposes, the Corporation shall be

19 considered to be a Federal agency and all funds pro20 vided by the Corporation shall be considered to be

21 Federal funds provided by grant or contract.

22 (b) Nothing in this section shall be construed to pro23 hibit a recipient from using funds from a source other than

24 the Legal Services Corporation for the purpose of contact25 ing, communicating with, or responding to a request from,
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1 a State or local government agency, a State or local legisla2 tive body or committee, or a member thereof, regarding

3 funding for the recipient, including a pending or proposed

4 legislative or agency proposal to fund such recipient.

5 (c) Not later than 30 days after the date of enactment

6 of this Act, the Legal Services Corporation shall promulgate

7 a suggested list of priorities that boards of directors may

8 use in setting priorities under subsection (a)(9).

9 (d)(1) The Legal Services Corporation shall not accept

10 any non-Federal funds, and no recipient shall accept funds

11 from any source other than the Corporation, unless the Cor12 poration or the recipient, as the case may be, notifies in

13 writing the source of the funds that the funds may not be

14 expended for any purpose prohibited by the Legal Services

15 Corporation Act or this title.

16 (2) Paragraph (1) shall not prevent a recipient from—

17 (A) receiving Indian tribal funds (including

18 funds from private nonprofit organizations for the

19 benefit of Indians or Indian tribes) and expending the

20 tribal funds in accordance with the specific purposes

21 for which the tribal funds are provided; or

22 (B) using funds received from a source other

23 than the Legal Services Corporation to provide legal

24 assistance to a covered individual if such funds are

25 used for the specific purposes for which such funds
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1 were received, except that such funds may not be ex2 pended by recipients for any purpose prohibited by

3 this Act or by the Legal Services Corporation Act.

4 (e) Nothing in this section shall be construed to pro5 hibit a recipient from using funds derived from a source

6 other than the Legal Services Corporation to comment on

7 public rulemaking or to respond to a written request for

8 information or testimony from a Federal, State or local

9 agency, legislative body or committee, or a member of such

10 an agency, body, or committee, so long as the response is

11 made only to the parties that make the request and the re12 cipient does not arrange for the request to be made.

13 (f) As used in this section:

14 (1) The term ‘‘controlled substance’’ has the

15 meaning given the term in section 102 of the Con16 trolled Substances Act (21 U.S.C. 802).

17 (2) The term ‘‘covered individual’’ means any

18 person who—

19 (A) except as provided in subparagraph

20 (B), meets the requirements of this Act and the

21 Legal Services Corporation Act relating to eligi22 bility for legal assistance; and

23 (B) may or may not be financially unable

24 to afford legal assistance.
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1 (3) The term ‘‘public housing project’’ has the

2 meaning as used within, and the term ‘‘public hous3 ing agency’’ has the meaning given the term, in sec4 tion 3 of the United States Housing Act of 1937 (42

5 U.S.C. 1437a).

6 SEC. 505. None of the funds appropriated in this Act

7 to the Legal Services Corporation or provided by the Cor8 poration to any entity or person may be used to pay mem9 bership dues to any private or nonprofit organization.

10 SEC. 506. None of the funds appropriated in this Act

11 to the Legal Services Corporation may be used by any per12 son or entity receiving financial assistance from the Cor13 poration to file or pursue a lawsuit against the Corpora14 tion.

15 SEC. 507. None of the funds appropriated in this Act

16 to the Legal Services Corporation may be used for any pur17 pose prohibited or contrary to any of the provisions of au18 thorization legislation for fiscal year 1996 for the Legal

19 Services Corporation that is enacted into law. Upon the en20 actment of such Legal Services Corporation reauthorization

21 legislation, funding provided in this Act shall from that

22 date be subject to the provisions of that legislation and any

23 provisions in this Act that are inconsistent with that legis24 lation shall no longer have effect.
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1 SEC. 508. (a) The requirements of section 504 shall

2 apply to the activities of a recipient described in section

3 504, or an employee of such a recipient, during the provi4 sion of legal assistance for a case or matter, if the recipient

5 or employee begins to provide the legal assistance on or after

6 the date of enactment of this Act.

7 (b) If the recipient or employee began to provide legal

8 assistance for the case or matter prior to the date of enact9 ment of this Act—

10 (1) each of the requirements of section 504 (other

11 than paragraphs (7), (11), and (15) of subsection (a)

12 of such section) shall, beginning on the date of enact13 ment of this Act, apply to the activities of the recipi14 ent or employee during the provision of legal assist15 ance for the case or matter; and

16 (2) the requirements of paragraphs (7), (11), and

17 (15) of section 504(a) shall apply—

18 (A) beginning on the date of enactment of

19 this Act, to the activities of the recipient or em20 ployee during the provision of legal assistance

21 for any additional related claim for which the

22 recipient or employee begins to provide legal as23 sistance on or after such date; and

24 (B) beginning July 1, 1996, to all other ac25 tivities of the recipient or employee during the
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1 provision of legal assistance for the case or mat2 ter.

3 (c) The Legal Services Corporation shall, every 60

4 days, submit to the Committees on Appropriations of the

5 Senate and House of Representatives a report setting forth

6 the status of cases and matters referred to in subsection

7 (b)(2).

8 SEC. 509. (a) An audit of each person or entity receiv9 ing financial assistance from the Legal Services Corpora10 tion under this Act (referred to in this section as a ‘‘recipi11 ent’’) shall be conducted in accordance with generally ac12 cepted government auditing standards and guidance estab13 lished by the Office of the Inspector General and shall report

14 whether—

15 (1) the financial statements of the recipient

16 present fairly its financial position and the results of

17 its financial operations in accordance with generally

18 accepted accounting principles;

19 (2) the recipient has internal control systems to

20 provide reasonable assurance that it is managing

21 funds, regardless of source, in compliance with Fed22 eral laws and regulations; and

23 (3) the recipient has complied with Federal laws

24 and regulations applicable to funds received, regard25 less of source.
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1 (b) In carrying out the requirements of subsection

2 (a)(3), the auditor shall select and test a representative

3 number of transactions and report all instances of non4 compliance to the recipient. The recipient shall report any

5 noncompliance found by the auditor during the audit under

6 this section within 5 calendar days to the Office of the In7 spector General. If the recipient fails to report the non8 compliance, the auditor shall report the noncompliance di9 rectly to the Office of the Inspector General within 5 cal10 endar days of the recipient’s failure to report.

11 (c) The audits required under this section shall be pro12 vided for by the recipients and performed by independent

13 public accountants. The cost of such audits shall be shared

14 on a pro rata basis among all of the recipient’s funding

15 providers and the appropriate share shall be an allowable

16 charge to the Federal funds provided by the Legal Services

17 Corporation. No audit costs may be charged to the Federal

18 funds when the audit required by this section has not been

19 made in accordance with the guidance promulgated by the

20 Office of the Inspector General.

21 If the recipient fails to have an acceptable audit in

22 accordance with the guidance promulgated by the Office of

23 the Inspector General, the following sanctions shall be avail24 able to the Corporation as recommended by the Office of

25 the Inspector General:
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1 (1) the withholding of a percentage of the recipi2 ent’s funding until the audit is completed satisfac3 torily.

4 (2) the suspension of recipient’s funding until an

5 acceptable audit is completed.

6 (d) The Office of the Inspector General may remove,

7 suspend, or bar an independent public accountant, upon

8 a showing of good cause, from performing audit services re9 quired by this section. The Office of the Inspector General

10 shall develop and issue rules of practice to implement this

11 paragraph.

12 (e) Any independent public accountant performing an

13 audit under this section who subsequently ceases to be the

14 accountant for the recipient shall promptly notify the Office

15 of the Inspector General pursuant to such rules as the Office

16 of the Inspector General shall prescribe.

17 (f) Audits conducted in accordance with this section

18 shall be in lieu of the financial audits otherwise required

19 by section 1009(c) of the Legal Services Corporation Act

20 (42 U.S.C. 2996h(c)).

21 (g) The Office of the Inspector General is authorized

22 to conduct on-site monitoring, audits, and inspections in

23 accordance with Federal standards.

24 (h) Notwithstanding section 1006(b)(3) of the Legal

25 Services Corporation Act (42 U.S.C. 2996e(b)(3)), financial
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1 records, time records, retainer agreements, client trust fund

2 and eligibility records, and client names, for each recipient

3 shall be made available to any auditor or monitor of the

4 recipient, including any Federal department or agency that

5 is auditing or monitoring the activities of the Corporation

6 or of the recipient, and any independent auditor or monitor

7 receiving Federal funds to conduct such auditing or mon8 itoring, including any auditor or monitor of the Corpora9 tion, except for reports or records subject to the attorney10 client privilege.

11 (i) The Legal Services Corporation shall not disclose

12 any name or document referred to in subsection (h), except

13 to—

14 (1) a Federal, State, or local law enforcement of15 ficial; or

16 (2) an official of an appropriate bar association

17 for the purpose of enabling the official to conduct an

18 investigation of a rule of professional conduct.

19 (j) The recipient management shall be responsible for

20 expeditiously resolving all reported audit reportable condi21 tions, findings, and recommendations, including those of

22 sub-recipients.

23 (k) The Legal Services Corporation shall—

24 (1) Follow up on significant reportable condi25 tions, findings, and recommendations found by the
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1 independent public accountants and reported to Cor2 poration management by the Office of the Inspector

3 General to ensure that instances of deficiencies and

4 noncompliance are resolved in a timely manner, and

5 (2) Develop procedures to ensure effective follow6 up that meet at a minimum the requirements of Of7 fice of Management and Budget Circular Number A–

8 50.

9 (l) The requirements of this section shall apply to a

10 recipient for its first fiscal year beginning on or after Janu11 ary 1, 1996.

12 MARINE MAMMAL COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Marine Mammal Com15 mission as authorized by title II of Public Law 92–522,

16 as amended, $1,190,000.

17 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY

18 COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Martin Luther King, Jr.

21 Federal Holiday Commission, as authorized by Public Law

22 98–399, as amended, $350,000: Provided, That this shall

23 be the final Federal payment to the Martin Luther King,

24 Jr. Federal Holiday Commission for operations and nec25 essary closing costs.
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1 OUNCE OF PREVENTION COUNCIL

2 For activities authorized by sections 30101 and 30102

3 of Public Law 103–322 (including administrative costs),

4 $1,500,000, to remain available until expended, for the

5 Ounce of Prevention Grant Program: Provided, That the

6 Council may accept and use gifts and donations, both real

7 and personal, for the purpose of aiding or facilitating the

8 authorized activities of the Council, of which not to exceed

9 $5,000 may be used for official reception and representation

10 expenses.

11 SECURITIES AND EXCHANGE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Securities and Exchange

14 Commission, including services as authorized by 5 U.S.C.

15 3109, the rental of space (to include multiple year leases)

16 in the District of Columbia and elsewhere, and not to exceed

17 $3,000 for official reception and representation expenses,

18 $287,738,000, of which $3,000,000 is for the Office of Eco19 nomic Analysis, to be headed by the Chief Economist of the

20 Commission, and of which not to exceed $10,000 may be

21 used toward funding a permanent secretariat for the Inter22 national Organization of Securities Commissions, and of

23 which not to exceed $100,000 shall be available for expenses

24 for consultations and meetings hosted by the Commission

25 with foreign governmental and other regulatory officials,
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1 members of their delegations, appropriate representatives

2 and staff to exchange views concerning developments relat3 ing to securities matters, development and implementation

4 of cooperation agreements concerning securities matters and

5 provision of technical assistance for the development of for6 eign securities markets, such expenses to include necessary

7 logistic and administrative expenses and the expenses of

8 Commission staff and foreign invitees in attendance at such

9 consultations and meetings including: (i) such incidental

10 expenses as meals taken in the course of such attendance,

11 (ii) any travel and transportation to or from such meetings,

12 and (iii) any other related lodging or subsistence: Provided,

13 That immediately upon enactment of this Act, the rate of

14 fees under section 6(b) of the Securities Act of 1933 (15

15 U.S.C. 77f(b)) shall increase from one-fiftieth of one

16 percentum to one-twenty-ninth of one percentum, and such

17 increase shall be deposited as an offsetting collection to this

18 appropriation, to remain available until expended, to re19 cover costs of services of the securities registration process:

20 Provided further, That the total amount appropriated for

21 fiscal year 1996 under this heading shall be reduced as such

22 fees are deposited to this appropriation so as to result in

23 a final total fiscal year 1996 appropriation from the Gen24 eral Fund estimated at not more than $103,445,000: Pro25 vided further, That any such fees collected in excess of
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1 $184,293,000 shall remain available until expended but

2 shall not be available for obligation until October 1, 1996:

3 Provided further, That $1,000,000 of the funds appro4 priated for the Commission shall be available for the en5 forcement of the Investment Advisers Act of 1940 in addi6 tion to any other appropriated funds designated by the

7 Commission for enforcement of such Act.

8 SMALL BUSINESS ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses, not otherwise provided for, of

11 the Small Business Administration as authorized by Public

12 Law 103–403, including hire of passenger motor vehicles

13 as authorized by 31 U.S.C. 1343 and 1344, and not to ex14 ceed $3,500 for official reception and representation ex15 penses, $219,190,000: Provided, That the Administrator is

16 authorized to charge fees to cover the cost of publications

17 developed by the Small Business Administration, and cer18 tain loan servicing activities: Provided further, That not19 withstanding 31 U.S.C. 3302, revenues received from all

20 such activities shall be credited to this account, to be avail21 able for carrying out these purposes without further appro22 priations.

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector Gen25 eral in carrying out the provisions of the Inspector General
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1 Act of 1978, as amended (5 U.S.C. App. 1–11 as amended

2 by Public Law 100–504), $8,500,000.

3 BUSINESS LOANS PROGRAM ACCOUNT

4 For the cost of direct loans, $4,500,000, and for the

5 cost of guaranteed loans, $156,226,000, as authorized by 15

6 U.S.C. 631 note, of which $1,216,000, to be available until

7 expended, shall be for the Microloan Guarantee Program,

8 and of which $40,510,000 shall remain available until Sep9 tember 30, 1997: Provided, That such costs, including the

10 cost of modifying such loans, shall be as defined in section

11 502 of the Congressional Budget Act of 1974: Provided fur12 ther, That during fiscal year 1996, commitments to guaran13 tee loans under section 503 of the Small Business Invest14 ment Act of 1958, as amended, shall not exceed the amount

15 of financings authorized under section 20(n)(2)(B) of the

16 Small Business Act, as amended.

17 In addition, for administrative expenses to carry out

18 the direct and guaranteed loan programs, $92,622,000,

19 which may be transferred to and merged with the appro20 priations for Salaries and Expenses.

21 DISASTER LOANS PROGRAM ACCOUNT

22 For the cost of direct loans authorized by section 7(b)

23 of the Small Business Act, as amended, $34,432,000, to re24 main available until expended: Provided, That such costs,

25 including the cost of modifying such loans, shall be as de-
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1 fined in section 502 of the Congressional Budget Act of

2 1974.

3 In addition, for administrative expenses to carry out

4 the direct loan program, $71,578,000, which may be trans5 ferred to and merged with the appropriations for Salaries

6 and Expenses.

7 SURETY BOND GUARANTEES REVOLVING FUND

8 For additional capital for the ‘‘Surety Bond Guaran9 tees Revolving Fund’’, authorized by the Small Business In10 vestment Act, as amended, $2,530,000, to remain available

11 without fiscal year limitation as authorized by 15 U.S.C.

12 631 note.

13 ADMINISTRATIVE PROVISION—SMALL BUSINESS

14 ADMINISTRATION

15 SEC. 510. Not to exceed 5 percent of any appropriation

16 made available for the current fiscal year for the Small

17 Business Administration in this Act may be transferred be18 tween such appropriations, but no such appropriation shall

19 be increased by more than 10 percent by any such transfers:

20 Provided, That any transfer pursuant to this section shall

21 be treated as a reprogramming of funds under section 605

22 of this Act and shall not be available for obligation or ex23 penditure except in compliance with the procedures set forth

24 in that section.
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1 STATE JUSTICE INSTITUTE

2 SALARIES AND EXPENSES

3 For necessary expenses of the State Justice Institute,

4 as authorized by The State Justice Institute Authorization

5 Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),

6 $5,000,000 to remain available until expended: Provided,

7 That not to exceed $2,500 shall be available for official re8 ception and representation expenses.

9 TITLE VI—GENERAL PROVISIONS

10 SEC. 601. No part of any appropriation contained in

11 this Act shall be used for publicity or propaganda purposes

12 not authorized by the Congress.

13 SEC. 602. No part of any appropriation contained in

14 this Act shall remain available for obligation beyond the

15 current fiscal year unless expressly so provided herein.

16 SEC. 603. The expenditure of any appropriation under

17 this Act for any consulting service through procurement

18 contract, pursuant to 5 U.S.C. 3109, shall be limited to

19 those contracts where such expenditures are a matter of pub20 lic record and available for public inspection, except where

21 otherwise provided under existing law, or under existing

22 Executive order issued pursuant to existing law.

23 SEC. 604. If any provision of this Act or the applica24 tion of such provision to any person or circumstances shall

25 be held invalid, the remainder of the Act and the applica-
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1 tion of each provision to persons or circumstances other

2 than those as to which it is held invalid shall not be affected

3 thereby.

4 SEC. 605 (a) None of the funds provided under this

5 Act, or provided under previous Appropriations Acts to the

6 agencies funded by this Act that remain available for obli7 gation or expenditure in fiscal year 1996, or provided from

8 any accounts in the Treasury of the United States derived

9 by the collection of fees available to the agencies funded by

10 this Act, shall be available for obligation or expenditure

11 through a reprogramming of funds which (1) creates new

12 programs; (2) eliminates a program, project, or activity;

13 (3) increases funds or personnel by any means for any

14 project or activity for which funds have been denied or re15 stricted; (4) relocates an office or employees; (5) reorganizes

16 offices, programs, or activities; or (6) contracts out or

17 privatizes any functions or activities presently performed

18 by Federal employees; unless the Appropriations Commit19 tees of both Houses of Congress are notified fifteen days in

20 advance of such reprogramming of funds.

21 (b) None of the funds provided under this Act, or pro22 vided under previous Appropriations Acts to the agencies

23 funded by this Act that remain available for obligation or

24 expenditure in fiscal year 1996, or provided from any ac25 counts in the Treasury of the United States derived by the
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1 collection of fees available to the agencies funded by this

2 Act, shall be available for obligation or expenditure for ac3 tivities, programs, or projects through a reprogramming of

4 funds in excess of $500,000 or 10 percent, whichever is less,

5 that (1) augments existing programs, projects, or activities;

6 (2) reduces by 10 percent funding for any existing program,

7 project, or activity, or numbers of personnel by 10 percent

8 as approved by Congress; or (3) results from any general

9 savings from a reduction in personnel which would result

10 in a change in existing programs, activities, or projects as

11 approved by Congress; unless the Appropriations Commit12 tees of both Houses of Congress are notified fifteen days in

13 advance of such reprogramming of funds.

14 SEC. 606. None of the funds made available in this

15 Act may be used for the construction, repair (other than

16 emergency repair), overhaul, conversion, or modernization

17 of vessels for the National Oceanic and Atmospheric Admin18 istration in shipyards located outside of the United States.

19 SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP20 MENT AND PRODUCTS.—It is the sense of the Congress that,

21 to the greatest extent practicable, all equipment and prod22 ucts purchased with funds made available in this Act should

23 be American-made.

24 (b) NOTICE REQUIREMENT.—In providing financial

25 assistance to, or entering into any contract with, any entity
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1 using funds made available in this Act, the head of each

2 Federal agency, to the greatest extent practicable, shall pro3 vide to such entity a notice describing the statement made

4 in subsection (a) by the Congress.

5 SEC. 608. None of the funds made available in this

6 Act may be used to implement, administer, or enforce any

7 guidelines of the Equal Employment Opportunity Commis8 sion covering harassment based on religion, when it is made

9 known to the Federal entity or official to which such funds

10 are made available that such guidelines do not differ in any

11 respect from the proposed guidelines published by the Com12 mission on October 1, 1993 (58 Fed. Reg. 51266).

13 SEC. 610. None of the funds made available by this

14 Act may be used for any United Nations undertaking when

15 it is made known to the Federal official having authority

16 to obligate or expend such funds (1) that the United Nations

17 undertaking is a peacekeeping mission, (2) that such under18 taking will involve United States Armed Forces under the

19 command or operational control of a foreign national, and

20 (3) that the President’s military advisors have not submit21 ted to the President a recommendation that such involve22 ment is in the national security interests of the United

23 States and the President has not submitted to the Congress

24 such a recommendation.
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1 SEC. 611. None of the funds made available in this

2 Act shall be used to provide the following amenities or per3 sonal comforts in the Federal prison system—

4 (1) in-cell television viewing except for prisoners

5 who are segregated from the general prison popu6 lation for their own safety;

7 (2) the viewing of R, X, and NC–17 rated mov8 ies, through whatever medium presented;

9 (3) any instruction (live or through broadcasts)

10 or training equipment for boxing, wrestling, judo, ka11 rate, or other martial art, or any bodybuilding or

12 weightlifting equipment of any sort;

13 (4) possession of in-cell coffee pots, hot plates, or

14 heating elements; or

15 (5) the use or possession of any electric or elec16 tronic musical instrument.

17 SEC. 612. None of the funds made available in title

18 II for the National Oceanic and Atmospheric Administra19 tion under the heading ‘‘Fleet Modernization, Shipbuilding

20 and Conversion’’ may be used to implement sections 603,

21 604, and 605 of Public Law 102–567.

22 SEC. 613. None of the funds made available in this

23 Act may be used for ‘‘USIA Television Marti Program’’

24 under the Television Broadcasting to Cuba Act or any other

25 program of United States Government television broadcasts
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1 to Cuba, when it is made known to the Federal official hav2 ing authority to obligate or expend such funds that such

3 use would be inconsistent with the applicable provisions of

4 the March 1995 Office of Cuba Broadcasting Reinventing

5 Plan of the United States Information Agency.

6 SEC. 614. (a)(1) Section 5002 of title 18, United States

7 Code, is repealed.

8 (2) The table of sections for chapter 401 of title 18,

9 United States Code, is amended by striking out the item

10 relating to the Advisory Corrections Council.

11 (b) This section shall take effect 30 days after the date

12 of the enactment of this Act.

13 SEC. 615. Any costs incurred by a Department or

14 agency funded under this Act resulting from personnel ac15 tions taken in response to funding reductions included in

16 this Act shall be absorbed within the total budgetary re17 sources available to such Department or agency: Provided,

18 That the authority to transfer funds between appropriations

19 accounts as may be necessary to carry out this provision

20 is provided in addition to authorities included elsewhere in

21 this Act: Provided further, That use of funds to carry out

22 this section shall be treated as a reprogramming of funds

23 under section 605 of this Act and shall not be available for

24 obligation or expenditure except in compliance with the

25 procedures set forth in that section.
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1 SEC. 616. Section 201(a) of Public Law 104–99 is re2 pealed.

3 TITLE VII—RESCISSIONS

4 DEPARTMENT OF JUSTICE

5 GENERAL ADMINISTRATION

6 WORKING CAPITAL FUND

7 (RESCISSION)

8 Of the unobligated balances available under this head9 ing, $65,000,000 are rescinded.

10 DEPARTMENT OF STATE

11 ADMINISTRATION OF FOREIGN AFFAIRS

12 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

13 (RESCISSION)

14 Of the unobligated balances available under this head15 ing, $95,500,000 are rescinded.

16 RELATED AGENCIES

17 UNITED STATES INFORMATION AGENCY

18 RADIO CONSTRUCTION

19 (RESCISSION)

20 Of the unobligated balances available under this head21 ing, $7,400,000 are rescinded.

22 TITLE VIII—PRISON LITIGATION REFORM

23 SEC. 801. SHORT TITLE.

24 This title may be cited as the ‘‘Prison Litigation Re25 form Act of 1995’’.
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1 SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI2 TIONS.

3 (a) IN GENERAL.—Section 3626 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 3626. Appropriate remedies with respect to prison

6 conditions

7 ‘‘(a) REQUIREMENTS FOR RELIEF.—

8 ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re9 lief in any civil action with respect to prison condi10 tions shall extend no further than necessary to correct

11 the violation of the Federal right of a particular

12 plaintiff or plaintiffs. The court shall not grant or

13 approve any prospective relief unless the court finds

14 that such relief is narrowly drawn, extends no further

15 than necessary to correct the violation of the Federal

16 right, and is the least intrusive means necessary to

17 correct the violation of the Federal right. The court

18 shall give substantial weight to any adverse impact

19 on public safety or the operation of a criminal justice

20 system caused by the relief.

21 ‘‘(B) The court shall not order any prospective

22 relief that requires or permits a government official to

23 exceed his or her authority under State or local law

24 or otherwise violates State or local law, unless—

25 ‘‘(i) Federal law permits such relief to be

26 ordered in violation of State or local law;
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1 ‘‘(ii) the relief is necessary to correct the

2 violation of a Federal right; and

3 ‘‘(iii) no other relief will correct the viola4 tion of the Federal right.

5 ‘‘(C) Nothing in this section shall be construed to

6 authorize the courts, in exercising their remedial pow7 ers, to order the construction of prisons or the raising

8 of taxes, or to repeal or detract from otherwise appli9 cable limitations on the remedial powers of the courts.

10 ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any

11 civil action with respect to prison conditions, to the

12 extent otherwise authorized by law, the court may

13 enter a temporary restraining order or an order for

14 preliminary injunctive relief. Preliminary injunctive

15 relief must be narrowly drawn, extend no further

16 than necessary to correct the harm the court finds re17 quires preliminary relief, and be the least intrusive

18 means necessary to correct that harm. The court shall

19 give substantial weight to any adverse impact on

20 public safety or the operation of a criminal justice

21 system caused by the preliminary relief and shall re22 spect the principles of comity set out in paragraph

23 (1)(B) in tailoring any preliminary relief. Prelimi24 nary injunctive relief shall automatically expire on

25 the date that is 90 days after its entry, unless the
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1 court makes the findings required under subsection

2 (a)(1) for the entry of prospective relief and makes the

3 order final before the expiration of the 90-day period.

4 ‘‘(3) PRISONER RELEASE ORDER.—(A) In any

5 civil action with respect to prison conditions, no pris6 oner release order shall be entered unless—

7 ‘‘(i) a court has previously entered an order

8 for less intrusive relief that has failed to remedy

9 the deprivation of the Federal right sought to be

10 remedied through the prisoner release order; and

11 ‘‘(ii) the defendant has had a reasonable

12 amount of time to comply with the previous

13 court orders.

14 ‘‘(B) In any civil action in Federal court with

15 respect to prison conditions, a prisoner release order

16 shall be entered only by a three-judge court in accord17 ance with section 2284 of title 28, if the requirements

18 of subparagraph (E) have been met.

19 ‘‘(C) A party seeking a prisoner release order in

20 Federal court shall file with any request for such re21 lief, a request for a three-judge court and materials

22 sufficient to demonstrate that the requirements of sub23 paragraph (A) have been met.

24 ‘‘(D) If the requirements under subparagraph

25 (A) have been met, a Federal judge before whom a
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1 civil action with respect to prison conditions is pend2 ing who believes that a prison release order should be

3 considered may sua sponte request the convening of a

4 three-judge court to determine whether a prisoner re5 lease order should be entered.

6 ‘‘(E) The three-judge court shall enter a prisoner

7 release order only if the court finds by clear and con8 vincing evidence that—

9 ‘‘(i) crowding is the primary cause of the

10 violation of a Federal right; and

11 ‘‘(ii) no other relief will remedy the viola12 tion of the Federal right.

13 ‘‘(F) Any State or local official or unit of gov14 ernment whose jurisdiction or function includes the

15 appropriation of funds for the construction, oper16 ation, or maintenance of program facilities, or the

17 prosecution or custody of persons who may be released

18 from, or not admitted to, a prison as a result of a

19 prisoner release order shall have standing to oppose

20 the imposition or continuation in effect of such relief

21 and to seek termination of such relief, and shall have

22 the right to intervene in any proceeding relating to

23 such relief.

24 ‘‘(b) TERMINATION OF RELIEF.—
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1 ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—

2 (A) In any civil action with respect to prison condi3 tions in which prospective relief is ordered, such relief

4 shall be terminable upon the motion of any party or

5 intervener—

6 ‘‘(i) 2 years after the date the court granted

7 or approved the prospective relief;

8 ‘‘(ii) 1 year after the date the court has en9 tered an order denying termination of prospec10 tive relief under this paragraph; or

11 ‘‘(iii) in the case of an order issued on or

12 before the date of enactment of the Prison Litiga13 tion Reform Act, 2 years after such date of en14 actment.

15 ‘‘(B) Nothing in this section shall prevent the

16 parties from agreeing to terminate or modify relief

17 before the relief is terminated under subparagraph

18 (A).

19 ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE

20 RELIEF.—In any civil action with respect to prison

21 conditions, a defendant or intervener shall be entitled

22 to the immediate termination of any prospective relief

23 if the relief was approved or granted in the absence

24 of a finding by the court that the relief is narrowly

25 drawn, extends no further than necessary to correct
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1 the violation of the Federal right, and is the least in2 trusive means necessary to correct the violation of the

3 Federal right.

4 ‘‘(3) LIMITATION.—Prospective relief shall not

5 terminate if the court makes written findings based

6 on the record that prospective relief remains necessary

7 to correct a current or ongoing violation of the Fed8 eral right, extends no further than necessary to correct

9 the violation of the Federal right, and that the pro10 spective relief is narrowly drawn and the least intru11 sive means to correct the violation.

12 ‘‘(4) TERMINATION OR MODIFICATION OF RE13 LIEF.—Nothing in this section shall prevent any

14 party or intervener from seeking modification or ter15 mination before the relief is terminable under para16 graph (1) or (2), to the extent that modification or

17 termination would otherwise be legally permissible.

18 ‘‘(c) SETTLEMENTS.—

19 ‘‘(1) CONSENT DECREES.—In any civil action

20 with respect to prison conditions, the court shall not

21 enter or approve a consent decree unless it complies

22 with the limitations on relief set forth in subsection

23 (a).

24 ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)

25 Nothing in this section shall preclude parties from en-
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1 tering into a private settlement agreement that does

2 not comply with the limitations on relief set forth in

3 subsection (a), if the terms of that agreement are not

4 subject to court enforcement other than the reinstate5 ment of the civil proceeding that the agreement set6 tled.

7 ‘‘(B) Nothing in this section shall preclude any

8 party claiming that a private settlement agreement

9 has been breached from seeking in State court any

10 remedy available under State law.

11 ‘‘(d) STATE LAW REMEDIES.—The limitations on rem12 edies in this section shall not apply to relief entered by a

13 State court based solely upon claims arising under State

14 law.

15 ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPEC16 TIVE RELIEF.—

17 ‘‘(1) GENERALLY.—The court shall promptly

18 rule on any motion to modify or terminate prospec19 tive relief in a civil action with respect to prison con20 ditions.

21 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

22 subject to a pending motion shall be automatically

23 stayed during the period—

24 ‘‘(A)(i) beginning on the 30th day after

25 such motion is filed, in the case of a motion
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1 made under paragraph (1) or (2) of subsection

2 (b); or

3 ‘‘(ii) beginning on the 180th day after such

4 motion is filed, in the case of a motion made

5 under any other law; and

6 ‘‘(B) ending on the date the court enters a

7 final order ruling on the motion.

8 ‘‘(f) SPECIAL MASTERS.—

9 ‘‘(1) IN GENERAL.—(A) In any civil action in a

10 Federal court with respect to prison conditions, the

11 court may appoint a special master who shall be dis12 interested and objective and who will give due regard

13 to the public safety, to conduct hearings on the record

14 and prepare proposed findings of fact.

15 ‘‘(B) The court shall appoint a special master

16 under this subsection during the remedial phase of the

17 action only upon a finding that the remedial phase

18 will be sufficiently complex to warrant the appoint19 ment.

20 ‘‘(2) APPOINTMENT.—(A) If the court determines

21 that the appointment of a special master is necessary,

22 the court shall request that the defendant institution

23 and the plaintiff each submit a list of not more than

24 5 persons to serve as a special master.
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1 ‘‘(B) Each party shall have the opportunity to

2 remove up to 3 persons from the opposing party’s list.

3 ‘‘(C) The court shall select the master from the

4 persons remaining on the list after the operation of

5 subparagraph (B).

6 ‘‘(3) INTERLOCUTORY APPEAL.—Any party shall

7 have the right to an interlocutory appeal of the

8 judge’s selection of the special master under this sub9 section, on the ground of partiality.

10 ‘‘(4) COMPENSATION.—The compensation to be

11 allowed to a special master under this section shall be

12 based on an hourly rate not greater than the hourly

13 rate established under section 3006A for payment of

14 court-appointed counsel, plus costs reasonably in15 curred by the special master. Such compensation and

16 costs shall be paid with funds appropriated to the Ju17 diciary.

18 ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In

19 any civil action with respect to prison conditions in

20 which a special master is appointed under this sub21 section, the court shall review the appointment of the

22 special master every 6 months to determine whether

23 the services of the special master continue to be re24 quired under paragraph (1). In no event shall the ap-
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1 pointment of a special master extend beyond the ter2 mination of the relief.

3 ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A

4 special master appointed under this subsection—

5 ‘‘(A) may be authorized by a court to con6 duct hearings and prepare proposed findings of

7 fact, which shall be made on the record;

8 ‘‘(B) shall not make any findings or com9 munications ex parte;

10 ‘‘(C) may be authorized by a court to assist

11 in the development of remedial plans; and

12 ‘‘(D) may be removed at any time, but shall

13 be relieved of the appointment upon the termi14 nation of relief.

15 ‘‘(g) DEFINITIONS.—As used in this section—

16 ‘‘(1) the term ‘consent decree’ means any relief

17 entered by the court that is based in whole or in part

18 upon the consent or acquiescence of the parties but

19 does not include private settlements;

20 ‘‘(2) the term ‘civil action with respect to prison

21 conditions’ means any civil proceeding arising under

22 Federal law with respect to the conditions of confine23 ment or the effects of actions by government officials

24 on the lives of persons confined in prison, but does
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1 not include habeas corpus proceedings challenging the

2 fact or duration of confinement in prison;

3 ‘‘(3) the term ‘prisoner’ means any person sub4 ject to incarceration, detention, or admission to any

5 facility who is accused of, convicted of, sentenced for,

6 or adjudicated delinquent for, violations of criminal

7 law or the terms and conditions of parole, probation,

8 pretrial release, or diversionary program;

9 ‘‘(4) the term ‘prisoner release order’ includes

10 any order, including a temporary restraining order

11 or preliminary injunctive relief, that has the purpose

12 or effect of reducing or limiting the prison popu13 lation, or that directs the release from or

14 nonadmission of prisoners to a prison;

15 ‘‘(5) the term ‘prison’ means any Federal, State,

16 or local facility that incarcerates or detains juveniles

17 or adults accused of, convicted of, sentenced for, or ad18 judicated delinquent for, violations of criminal law;

19 ‘‘(6) the term ‘private settlement agreement’

20 means an agreement entered into among the parties

21 that is not subject to judicial enforcement other than

22 the reinstatement of the civil proceeding that the

23 agreement settled;

24 ‘‘(7) the term ‘prospective relief’ means all relief

25 other than compensatory monetary damages;
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1 ‘‘(8) the term ‘special master’ means any person

2 appointed by a Federal court pursuant to Rule 53 of

3 the Federal Rules of Civil Procedure or pursuant to

4 any inherent power of the court to exercise the powers

5 of a master, regardless of the title or description given

6 by the court; and

7 ‘‘(9) the term ‘relief’ means all relief in any form

8 that may be granted or approved by the court, and

9 includes consent decrees but does not include private

10 settlement agreements.’’.

11 (b) APPLICATION OF AMENDMENT.—

12 (1) IN GENERAL.—Section 3626 of title 18, Unit13 ed States Code, as amended by this section, shall

14 apply with respect to all prospective relief whether

15 such relief was originally granted or approved before,

16 on, or after the date of the enactment of this title.

17 (2) TECHNICAL AMENDMENT.—Subsections (b)

18 and (d) of section 20409 of the Violent Crime Control

19 and Law Enforcement Act of 1994 are repealed.

20 (c) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of subchapter C of chapter 229 of title 18,

22 United States Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.
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1 SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU2 TIONALIZED PERSONS ACT.

3 (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the

4 Civil Rights of Institutionalized Persons Act (42 U.S.C.

5 1997a(c)) (referred to in this section as the ‘‘Act’’) is

6 amended to read as follows:

7 ‘‘(c) The Attorney General shall personally sign any

8 complaint filed pursuant to this section.’’.

9 (b) CERTIFICATION REQUIREMENTS.—Section 4 of the

10 Act (42 U.S.C. 1997b) is amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘he’’ each place it appears

13 and inserting ‘‘the Attorney General’’; and

14 (B) by striking ‘‘his’’ and inserting ‘‘the At15 torney General’s’’; and

16 (2) by amending subsection (b) to read as fol17 lows:

18 ‘‘(b) The Attorney General shall personally sign any

19 certification made pursuant to this section.’’.

20 (c) INTERVENTION IN ACTIONS.—Section 5 of the Act

21 (42 U.S.C. 1997c) is amended—

22 (1) in subsection (b)—

23 (A) in paragraph (1), by striking ‘‘he’’ each

24 place it appears and inserting ‘‘the Attorney

25 General’’; and
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1 (B) by amending paragraph (2) to read as

2 follows:

3 ‘‘(2) The Attorney General shall personally sign any

4 certification made pursuant to this section.’’; and

5 (2) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) The Attorney General shall personally sign any

8 motion to intervene made pursuant to this section.’’.

9 (d) SUITS BY PRISONERS.—Section 7 of the Act (42

10 U.S.C. 1997e) is amended to read as follows:

11 ‘‘SEC. 7. SUITS BY PRISONERS.

12 ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM13 EDIES.—No action shall be brought with respect to prison

14 conditions under section 1979 of the Revised Statutes of the

15 United States (42 U.S.C. 1983), or any other Federal law,

16 by a prisoner confined in any jail, prison, or other correc17 tional facility until such administrative remedies as are

18 available are exhausted.

19 ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO

20 ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of

21 a State to adopt or adhere to an administrative grievance

22 procedure shall not constitute the basis for an action under

23 section 3 or 5 of this Act.

24 ‘‘(c) DISMISSAL.—(1) The court shall on its own mo25 tion or on the motion of a party dismiss any action brought
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1 with respect to prison conditions under section 1979 of the

2 Revised Statutes of the United States (42 U.S.C. 1983), or

3 any other Federal law, by a prisoner confined in any jail,

4 prison, or other correctional facility if the court is satisfied

5 that the action is frivolous, malicious, fails to state a claim

6 upon which relief can be granted, or seeks monetary relief

7 from a defendant who is immune from such relief.

8 ‘‘(2) In the event that a claim is, on its face, frivolous,

9 malicious, fails to state a claim upon which relief can be

10 granted, or seeks monetary relief from a defendant who is

11 immune from such relief, the court may dismiss the under12 lying claim without first requiring the exhaustion of ad13 ministrative remedies.

14 ‘‘(d) ATTORNEY’S FEES.—(1) In any action brought

15 by a prisoner who is confined to any jail, prison, or other

16 correctional facility, in which attorney’s fees are authorized

17 under section 2 of the Revised Statutes of the United States

18 (42 U.S.C. 1988), such fees shall not be awarded, except

19 to the extent that—

20 ‘‘(A) the fee was directly and reasonably in21 curred in proving an actual violation of the plain22 tiff’s rights protected by a statute pursuant to which

23 a fee may be awarded under section 2 of the Revised

24 Statutes; and
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1 ‘‘(B)(i) the amount of the fee is proportionately

2 related to the court ordered relief for the violation; or

3 ‘‘(ii) the fee was directly and reasonably in4 curred in enforcing the relief ordered for the violation.

5 ‘‘(2) Whenever a monetary judgment is awarded in an

6 action described in paragraph (1), a portion of the judg7 ment (not to exceed 25 percent) shall be applied to satisfy

8 the amount of attorney’s fees awarded against the defend9 ant. If the award of attorney’s fees is not greater than 150

10 percent of the judgment, the excess shall be paid by the de11 fendant.

12 ‘‘(3) No award of attorney’s fees in an action described

13 in paragraph (1) shall be based on an hourly rate greater

14 than 150 percent of the hourly rate established under section

15 3006A of title 18, United States Code, for payment of court16 appointed counsel.

17 ‘‘(4) Nothing in this subsection shall prohibit a pris18 oner from entering into an agreement to pay an attorney’s

19 fee in an amount greater than the amount authorized under

20 this subsection, if the fee is paid by the individual rather

21 than by the defendant pursuant to section 2 of the Revised

22 Statutes of the United States (42 U.S.C. 1988).

23 ‘‘(e) LIMITATION ON RECOVERY.—No Federal civil ac24 tion may be brought by a prisoner confined in a jail, pris25 on, or other correctional facility, for mental or emotional
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1 injury suffered while in custody without a prior showing

2 of physical injury.

3 ‘‘(f) HEARINGS.—(1) To the extent practicable, in any

4 action brought with respect to prison conditions in Federal

5 court pursuant to section 1979 of the Revised Statutes of

6 the United States (42 U.S.C. 1983), or any other Federal

7 law, by a prisoner confined in any jail, prison, or other

8 correctional facility, pretrial proceedings in which the pris9 oner’s participation is required or permitted shall be con10 ducted by telephone, video conference, or other telecommuni11 cations technology without removing the prisoner from the

12 facility in which the prisoner is confined.

13 ‘‘(2) Subject to the agreement of the official of the Fed14 eral, State, or local unit of government with custody over

15 the prisoner, hearings may be conducted at the facility in

16 which the prisoner is confined. To the extent practicable,

17 the court shall allow counsel to participate by telephone,

18 video conference, or other communications technology in

19 any hearing held at the facility.

20 ‘‘(g) WAIVER OF REPLY.—(1) Any defendant may

21 waive the right to reply to any action brought by a prisoner

22 confined in any jail, prison, or other correctional facility

23 under section 1979 of the Revised Statutes of the United

24 States (42 U.S.C. 1983) or any other Federal law. Notwith25 standing any other law or rule of procedure, such waiver
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1 shall not constitute an admission of the allegations con2 tained in the complaint. No relief shall be granted to the

3 plaintiff unless a reply has been filed.

4 ‘‘(2) The court may require any defendant to reply to

5 a complaint brought under this section if it finds that the

6 plaintiff has a reasonable opportunity to prevail on the

7 merits.

8 ‘‘(h) DEFINITION.—As used in this section, the term

9 ‘prisoner’ means any person incarcerated or detained in

10 any facility who is accused of, convicted of, sentenced for,

11 or adjudicated delinquent for, violations of criminal law

12 or the terms and conditions of parole, probation, pretrial

13 release, or diversionary program.’’.

14 (e) REPORT TO CONGRESS.—Section 8 of the Act (42

15 U.S.C. 1997f) is amended by striking ‘‘his report’’ and in16 serting ‘‘the report’’.

17 (f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10

18 of the Act (42 U.S.C. 1997h) is amended—

19 (1) by striking ‘‘his action’’ and inserting ‘‘the

20 action’’; and

21 (2) by striking ‘‘he is satisfied’’ and inserting

22 ‘‘the Attorney General is satisfied’’.

23 SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

24 (a) FILING FEES.—Section 1915 of title 28, United

25 States Code, is amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘(a) Any’’ and inserting

3 ‘‘(a)(1) Subject to subsection (b), any’’;

4 (B) by striking ‘‘and costs’’;

5 (C) by striking ‘‘makes affidavit’’ and in6 serting ‘‘submits an affidavit that includes a

7 statement of all assets such prisoner possesses’’;

8 (D) by striking ‘‘such costs’’ and inserting

9 ‘‘such fees’’;

10 (E) by striking ‘‘he’’ each place it appears

11 and inserting ‘‘the person’’;

12 (F) by adding immediately after paragraph

13 (1), the following new paragraph:

14 ‘‘(2) A prisoner seeking to bring a civil action or ap15 peal a judgment in a civil action or proceeding without

16 prepayment of fees or security therefor, in addition to filing

17 the affidavit filed under paragraph (1), shall submit a cer18 tified copy of the trust fund account statement (or institu19 tional equivalent) for the prisoner for the 6-month period

20 immediately preceding the filing of the complaint or notice

21 of appeal, obtained from the appropriate official of each

22 prison at which the prisoner is or was confined.’’; and

23 (G) by striking ‘‘An appeal’’ and inserting

24 ‘‘(3) An appeal’’;
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1 (2) by redesignating subsections (b), (c), (d), and

2 (e) as subsections (c), (d), (e), and (f), respectively;

3 (3) by inserting after subsection (a) the following

4 new subsection:

5 ‘‘(b)(1) Notwithstanding subsection (a), if a prisoner

6 brings a civil action or files an appeal in forma pauperis,

7 the prisoner shall be required to pay the full amount of a

8 filing fee. The court shall assess and, when funds exist, col9 lect, as a partial payment of any court fees required by

10 law, an initial partial filing fee of 20 percent of the greater

11 of—

12 ‘‘(A) the average monthly deposits to the pris13 oner’s account; or

14 ‘‘(B) the average monthly balance in the pris15 oner’s account for the 6-month period immediately

16 preceding the filing of the complaint or notice of ap17 peal.

18 ‘‘(2) After payment of the initial partial filing fee, the

19 prisoner shall be required to make monthly payments of 20

20 percent of the preceding month’s income credited to the pris21 oner’s account. The agency having custody of the prisoner

22 shall forward payments from the prisoner’s account to the

23 clerk of the court each time the amount in the account ex24 ceeds $10 until the filing fees are paid.
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1 ‘‘(3) In no event shall the filing fee collected exceed the

2 amount of fees permitted by statute for the commencement

3 of a civil action or an appeal of a civil action or criminal

4 judgment.

5 ‘‘(4) In no event shall a prisoner be prohibited from

6 bringing a civil action or appealing a civil or criminal

7 judgment for the reason that the prisoner has no assets and

8 no means by which to pay the initial partial filing fee.’’;

9 (4) in subsection (c), as redesignated by para10 graph (2), by striking ‘‘subsection (a) of this section’’

11 and inserting ‘‘subsections (a) and (b) and the pre12 payment of any partial filing fee as may be required

13 under subsection (b)’’; and

14 (5) by amending subsection (e), as redesignated

15 by paragraph (2), to read as follows:

16 ‘‘(e)(1) The court may request an attorney to represent

17 any person unable to afford counsel.

18 ‘‘(2) Notwithstanding any filing fee, or any portion

19 thereof, that may have been paid, the court shall dismiss

20 the case at any time if the court determines that—

21 ‘‘(A) the allegation of poverty is untrue; or

22 ‘‘(B) the action or appeal—

23 ‘‘(i) is frivolous or malicious;

24 ‘‘(ii) fails to state a claim on which relief

25 may be granted; or
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1 ‘‘(iii) seeks monetary relief against a de2 fendant who is immune from such relief.’’.

3 (b) EXCEPTION TO DISCHARGE OF DEBT IN BANK4 RUPTCY PROCEEDING.—Section 523(a) of title 11, United

5 States Code, is amended—

6 (1) in paragraph (16), by striking the period at

7 the end and inserting ‘‘; or’’; and

8 (2) by adding at the end the following new para9 graph:

10 ‘‘(17) for a fee imposed by a court for the filing

11 of a case, motion, complaint, or appeal, or for other

12 costs and expenses assessed with respect to such filing,

13 regardless of an assertion of poverty by the debtor

14 under section 1915 (b) or (f) of title 28, or the debt15 or’s status as a prisoner, as defined in section

16 1915(h) of title 28.’’.

17 (c) COSTS.—Section 1915(f) of title 28, United States

18 Code (as redesignated by subsection (a)(2)), is amended—

19 (1) by striking ‘‘(f) Judgment’’ and inserting

20 ‘‘(f)(1) Judgment’’;

21 (2) by striking ‘‘cases’’ and inserting ‘‘proceed22 ings’’; and

23 (3) by adding at the end the following new para24 graph:
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1 ‘‘(2)(A) If the judgment against a prisoner includes

2 the payment of costs under this subsection, the prisoner

3 shall be required to pay the full amount of the costs ordered.

4 ‘‘(B) The prisoner shall be required to make payments

5 for costs under this subsection in the same manner as is

6 provided for filing fees under subsection (a)(2).

7 ‘‘(C) In no event shall the costs collected exceed the

8 amount of the costs ordered by the court.’’.

9 (d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,

10 United States Code, is amended by adding at the end the

11 following new subsection:

12 ‘‘(g) In no event shall a prisoner bring a civil action

13 or appeal a judgment in a civil action or proceeding under

14 this section if the prisoner has, on 3 or more prior occa15 sions, while incarcerated or detained in any facility,

16 brought an action or appeal in a court of the United States

17 that was dismissed on the grounds that it is frivolous, mali18 cious, or fails to state a claim upon which relief may be

19 granted, unless the prisoner is under imminent danger of

20 serious physical injury.’’.

21 (e) DEFINITION.—Section 1915 of title 28, United

22 States Code, is amended by adding at the end the following

23 new subsection:

24 ‘‘(h) As used in this section, the term ‘prisoner’ means

25 any person incarcerated or detained in any facility who
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1 is accused of, convicted of, sentenced for, or adjudicated de2 linquent for, violations of criminal law or the terms and

3 conditions of parole, probation, pretrial release, or diver4 sionary program.’’.

5 SEC. 805. JUDICIAL SCREENING.

6 (a) IN GENERAL.—Chapter 123 of title 28, United

7 States Code, is amended by inserting after section 1915 the

8 following new section:

9 ‘‘§ 1915A. Screening

10 ‘‘(a) SCREENING.—The court shall review, before dock11 eting, if feasible or, in any event, as soon as practicable

12 after docketing, a complaint in a civil action in which a

13 prisoner seeks redress from a governmental entity or officer

14 or employee of a governmental entity.

15 ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court

16 shall identify cognizable claims or dismiss the complaint,

17 or any portion of the complaint, if the complaint—

18 ‘‘(1) is frivolous, malicious, or fails to state a

19 claim upon which relief may be granted; or

20 ‘‘(2) seeks monetary relief from a defendant who

21 is immune from such relief.

22 ‘‘(c) DEFINITION.—As used in this section, the term

23 ‘prisoner’ means any person incarcerated or detained in

24 any facility who is accused of, convicted of, sentenced for,

25 or adjudicated delinquent for, violations of criminal law
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1 or the terms and conditions of parole, probation, pretrial

2 release, or diversionary program.’’.

3 (b) TECHNICAL AMENDMENT.—The analysis for chap4 ter 123 of title 28, United States Code, is amended by in5 serting after the item relating to section 1915 the following

6 new item:

‘‘1915A. Screening.’’.

7 SEC. 806. FEDERAL TORT CLAIMS.

8 Section 1346(b) of title 28, United States Code, is

9 amended—

10 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) No person convicted of a felony who is incarcer13 ated while awaiting sentencing or while serving a sentence

14 may bring a civil action against the United States or an

15 agency, officer, or employee of the Government, for mental

16 or emotional injury suffered while in custody without a

17 prior showing of physical injury.’’.

18 SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION

19 OF PENDING RESTITUTION ORDERS.

20 Any compensatory damages awarded to a prisoner in

21 connection with a civil action brought against any Federal,

22 State, or local jail, prison, or correctional facility or

23 against any official or agent of such jail, prison, or correc24 tional facility, shall be paid directly to satisfy any out25 standing restitution orders pending against the prisoner.
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1 The remainder of any such award after full payment of all

2 pending restitution orders shall be forwarded to the pris3 oner.

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

5 AWARD.

6 Prior to payment of any compensatory damages

7 awarded to a prisoner in connection with a civil action

8 brought against any Federal, State, or local jail, prison,

9 or correctional facility or against any official or agent of

10 such jail, prison, or correctional facility, reasonable efforts

11 shall be made to notify the victims of the crime for which

12 the prisoner was convicted and incarcerated concerning the

13 pending payment of any such compensatory damages.

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

15 REVOCATION.

16 (a) IN GENERAL.—Chapter 123 of title 28, United

17 States Code, is amended by adding at the end the following

18 new section:

19 ‘‘§ 1932. Revocation of earned release credit

20 ‘‘In any civil action brought by an adult convicted of

21 a crime and confined in a Federal correctional facility, the

22 court may order the revocation of such earned good time

23 credit under section 3624(b) of title 18, United States Code,

24 that has not yet vested, if, on its own motion or the motion

25 of any party, the court finds that—
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1 ‘‘(1) the claim was filed for a malicious purpose;

2 ‘‘(2) the claim was filed solely to harass the

3 party against which it was filed; or

4 ‘‘(3) the claimant testifies falsely or otherwise

5 knowingly presents false evidence or information to

6 the court.’’.

7 (b) TECHNICAL AMENDMENT.—The analysis for chap8 ter 123 of title 28, United States Code, is amended by in9 serting after the item relating to section 1931 the following:

‘‘1932. Revocation of earned release credit.’’.

10 (c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec11 tion 3624(b) of title 18, United States Code, is amended—

12 (1) in paragraph (1)—

13 (A) by striking the first sentence;

14 (B) in the second sentence—

15 (i) by striking ‘‘A prisoner’’ and in16 serting ‘‘Subject to paragraph (2), a pris17 oner’’;

18 (ii) by striking ‘‘for a crime of vio19 lence,’’; and

20 (iii) by striking ‘‘such’’;

21 (C) in the third sentence, by striking ‘‘If the

22 Bureau’’ and inserting ‘‘Subject to paragraph

23 (2), if the Bureau’’;

24 (D) by striking the fourth sentence and in25 serting the following: ‘‘In awarding credit under
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1 this section, the Bureau shall consider whether

2 the prisoner, during the relevant period, has

3 earned, or is making satisfactory progress to4 ward earning, a high school diploma or an

5 equivalent degree.’’; and

6 (E) in the sixth sentence, by striking ‘‘Cred7 it for the last’’ and inserting ‘‘Subject to para8 graph (2), credit for the last’’; and

9 (2) by amending paragraph (2) to read as fol10 lows:

11 ‘‘(2) Notwithstanding any other law, credit

12 awarded under this subsection after the date of enact13 ment of the Prison Litigation Reform Act shall vest

14 on the date the prisoner is released from custody.’’.

15 SEC. 810. SEVERABILITY.

16 If any provision of this title, an amendment made by

17 this title, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of this title, the amendments made

20 by this title, and the application of the provisions of such

21 to any person or circumstance shall not be affected thereby.

22 This Act may be cited as the ‘‘Departments of Com23 merce, Justice, and State, the Judiciary, and Related Agen24 cies Appropriations Act, 1996.’’.
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1 (b) Such amounts as may be necessary for programs,

2 projects or activities provided for in the District of Colum3 bia Appropriations Act, 1996 at a rate of operations and

4 to the extent and in the manner provided as follows, to be

5 effective as if it had been enacted into law as the regular

6 appropriations Act:

7 AN ACT

8 Making appropriations for the government of the Dis9 trict of Columbia and other activities chargeable in whole

10 or in part against the revenues of said District for the fiscal

11 year ending September 30, 1996, and for other purposes.

12 TITLE I—FISCAL YEAR 1996 APPROPRIATIONS

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 For payment to the District of Columbia for the fiscal

15 year ending September 30, 1996, $660,000,000, as author16 ized by section 502(a) of the District of Columbia Self-Gov17 ernment and Governmental Reorganization Act, Public

18 Law 93–198, as amended (D.C. Code, sec. 47–3406.1).

19 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

20 For the Federal contribution to the Police Officers and

21 Fire Fighters’, Teachers’, and Judges’ Retirement Funds,

22 as authorized by the District of Columbia Retirement Re23 form Act, approved November 17, 1979 (93 Stat. 866; Pub24 lic Law 96–122), $52,070,000.
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1 FEDERAL CONTRIBUTION FOR EDUCATION REFORM

2 For a Federal contribution to Education Reform,

3 $14,930,000 which shall be deposited into an escrow account

4 of the District of Columbia Financial Responsibility and

5 Management Assistance Authority, pursuant to section 205

6 of Public Law 104–8, approved April 17, 1995 (109 Stat.

7 131), and shall be disbursed from such account pursuant

8 to the instructions of the Authority and in accordance with

9 title II of this Act, where applicable, as follows:

10 $200,000 shall be available for payments to charter

11 schools;

12 $300,000 shall be available for the Public Charter

13 School Board;

14 $2,000,000 shall be transferred directly, notwithstand15 ing any other provision of law, to the United States Depart16 ment of Education for awarding grants to carry out Even

17 Start programs in the District of Columbia as provided for

18 in Subtitle C of title II of this Act;

19 $1,250,000 shall be available to establish core curricu20 lum, content standards, and assessments;

21 $500,000 shall be available for payment to the Admin22 istrator of the General Services Administration for the costs

23 of developing engineering plans for donated work on Dis24 trict of Columbia public school facilities;
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1 $100,000 shall be available to develop a plan for a resi2 dential school;

3 $860,000 shall be available for the District Education

4 and Learning Technologies Advancement Council;

5 $1,450,000 shall be available to the District Employ6 ment and Learning Center;

7 $1,000,000 shall be available for a professional devel8 opment program for teachers and administrators adminis9 tered by the nonprofit corporation selected under section

10 2701 of title II of this Act;

11 $1,450,000 shall be available for the Jobs for D.C.

12 Graduates Program;

13 $70,000 shall be available for the Everybody Wins pro14 gram: Provided, That $35,000 of this amount shall not be

15 available until the Superintendent certifies to the Chairman

16 of the District of Columbia Financial Responsibility and

17 Management Assistance Authority that he has raised a like

18 amount from private sources;

19 $100,000 shall be available for the Fit Kids program:

20 Provided, That $50,000 of this amount shall not be avail21 able until the Superintendent certifies to the Chairman of

22 the District of Columbia Financial Responsibility and

23 Management Assistance Authority that he has raised a like

24 amount from private sources;
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1 $400,000 shall be available to the District of Columbia

2 Public Schools to improve security (such as installing elec3 tronic door locking devices) at such schools, including at

4 a minimum the following schools: Winston Education Cen5 ter; McKinley High School; Ballou High School; and

6 Cardozo High School; and

7 $5,250,000 shall be available pursuant to a plan devel8 oped by the Superintendent of the District of Columbia

9 Public Schools, in consultation with public and private en10 tities, for repair, modernization, maintenance and plan11 ning consistent with subtitle A and subtitle F of title II

12 of this Act, the August 14, 1995 recommendations of the

13 ‘‘Superintendent’s Task Force on Education Infrastructure

14 for the 21st Century’’ and the June 13, 1995 ‘‘Accelerating

15 Education Reform in the District of Columbia: Building

16 on BESST’’: Provided, That not more than $250,000 of this

17 amount may be available for planning: Provided further,

18 That these funds shall be available for repair, moderniza19 tion, maintenance of classroom buildings: Provided further,

20 That these funds shall remain available until expended.

21 DIVISION OF EXPENSES

22 The following amounts are appropriated for the Dis23 trict of Columbia for the current fiscal year out of the gen24 eral fund of the District of Columbia, except as otherwise

25 specifically provided.
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1 GOVERNMENTAL DIRECTION AND SUPPORT

2 Governmental direction and support, $149,130,000

3 and 1,498 full-time equivalent positions (end of year) (in4 cluding $117,464,000 and 1,158 full-time equivalent posi5 tions from local funds, $2,464,000 and 5 full-time equiva6 lent positions from Federal funds, $4,474,000 and 71 full7 time equivalent positions from other funds, and $24,728,000

8 and 264 full-time equivalent positions from intra-District

9 funds): Provided, That not to exceed $2,500 for the Mayor,

10 $2,500 for the Chairman of the Council of the District of

11 Columbia, and $2,500 for the City Administrator shall be

12 available from this appropriation for expenditures for offi13 cial purposes: Provided further, That any program fees col14 lected from the issuance of debt shall be available for the

15 payment of expenses of the debt management program of

16 the District of Columbia: Provided further, That no reve17 nues from Federal sources shall be used to support the oper18 ations or activities of the Statehood Commission and State19 hood Compact Commission: Provided further, That the Dis20 trict of Columbia shall identify the sources of funding for

21 Admission to Statehood from its own locally-generated reve22 nues: Provided further, That $29,500,000 is for pay-as-you23 go capital projects of which $1,500,000 shall be for a capital

24 needs assessment study, and $28,000,000 shall be for a new

25 financial management system, if so determined following
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1 the evaluation and review process subsequently described in

2 this paragraph, of which $2,000,000 shall be used to develop

3 a needs analysis and assessment of the existing financial

4 management environment, and the remaining $26,000,000

5 shall be used to procure the necessary hardware and instal6 lation of new software, conversion, testing and training:

7 Provided further, That the $26,000,000 shall not be obli8 gated or expended until: (1) the District of Columbia Fi9 nancial Responsibility and Management Assistance Author10 ity submits a report to the Committees on Appropriations

11 of the House and the Senate, the Committee on Govern12 mental Reform and Oversight of the House, and the Com13 mittee on Governmental Affairs of the Senate reporting the

14 results of a needs analysis and assessment of the existing

15 financial management environment, specifying the defi16 ciencies in, and recommending necessary improvements to

17 or replacement of the District’s financial management sys18 tem including a detailed explanation of each recommenda19 tion and its estimated cost; and (2) 30 days lapse after re20 ceipt of the report by Congress.

21 ECONOMIC DEVELOPMENT AND REGULATION

22 Economic development and regulation, $140,983,000

23 and 1,692 full-time equivalent positions (end-of-year) (in24 cluding $68,203,000 and 698 full-time equivalent positions

25 from local funds, $38,792,000 and 509 full-time equivalent
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1 positions from Federal funds, $17,658,000 and 258 full2 time equivalent positions from other funds, and $16,330,000

3 and 227 full-time equivalent positions from intra-District

4 funds): Provided, That the District of Columbia Housing

5 Finance Agency, established by section 201 of the District

6 of Columbia Housing Finance Agency Act, effective March

7 3, 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based

8 upon its capability of repayments as determined each year

9 by the Council of the District of Columbia from the Housing

10 Finance Agency’s annual audited financial statements to

11 the Council of the District of Columbia, shall repay to the

12 general fund an amount equal to the appropriated adminis13 trative costs plus interest at a rate of four percent per

14 annum for a term of 15 years, with a deferral of payments

15 for the first three years: Provided further, That notwith16 standing the foregoing provision, the obligation to repay all

17 or part of the amounts due shall be subject to the rights

18 of the owners of any bonds or notes issued by the Housing

19 Finance Agency and shall be repaid to the District of Co20 lumbia government only from available operating revenues

21 of the Housing Finance Agency that are in excess of the

22 amounts required for debt service, reserve funds, and oper23 ating expenses: Provided further, That upon commencement

24 of the debt service payments, such payments shall be depos25 ited into the general fund of the District of Columbia.
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1 PUBLIC SAFETY AND JUSTICE

2 Public safety and justice, including purchase of 135

3 passenger-carrying vehicles for replacement only, including

4 130 for police-type use and five for fire-type use, without

5 regard to the general purchase price limitation for the cur6 rent fiscal year, $963,848,000 and 11,544 full-time equiva7 lent positions (end-of-year) (including $940,631,000 and

8 11,365 full-time equivalent positions from local funds,

9 $8,942,000 and 70 full-time equivalent positions from Fed10 eral funds, $5,160,000 and 4 full-time equivalent positions

11 from other funds, and $9,115,000 and 105 full-time equiva12 lent positions from intra-District funds): Provided, That

13 the Metropolitan Police Department is authorized to replace

14 not to exceed 25 passenger-carrying vehicles and the Fire

15 Department of the District of Columbia is authorized to re16 place not to exceed five passenger-carrying vehicles annu17 ally whenever the cost of repair to any damaged vehicle ex18 ceeds three-fourths of the cost of the replacement: Provided

19 further, That not to exceed $500,000 shall be available from

20 this appropriation for the Chief of Police for the prevention

21 and detection of crime: Provided further, That the Metro22 politan Police Department shall provide quarterly reports

23 to the Committees on Appropriations of the House and Sen24 ate on efforts to increase efficiency and improve the profes25 sionalism in the department: Provided further, That not-
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1 withstanding any other provision of law, or Mayor’s Order

2 86–45, issued March 18, 1986, the Metropolitan Police De3 partment’s delegated small purchase authority shall be

4 $500,000: Provided further, That the District of Columbia

5 government may not require the Metropolitan Police De6 partment to submit to any other procurement review proc7 ess, or to obtain the approval of or be restricted in any

8 manner by any official or employee of the District of Co9 lumbia government, for purchases that do not exceed

10 $500,000: Provided further, That $250,000 is used for the

11 Georgetown Summer Detail; $200,000 is used for East of

12 the River Detail; $100,000 is used for Adams Morgan De13 tail; and $100,000 is used for the Capitol Hill Summer De14 tail: Provided further, That the Metropolitan Police Depart15 ment shall employ an authorized level of sworn officers not

16 to be less than 3,800 sworn officers for the fiscal year ending

17 September 30, 1996: Provided further, That funds appro18 priated for expenses under the District of Columbia Crimi19 nal Justice Act, approved September 3, 1974 (88 Stat.

20 1090; Public Law 93–412; D.C. Code, sec. 11–2601 et seq.),

21 for the fiscal year ending September 30, 1996, shall be

22 available for obligations incurred under the Act in each fis23 cal year since inception in the fiscal year 1975: Provided

24 further, That funds appropriated for expenses under the

25 District of Columbia Neglect Representation Equity Act of
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1 1984, effective March 13, 1985 (D.C. Law 5–129; D.C. Code,

2 sec. 16–2304), for the fiscal year ending September 30,

3 1996, shall be available for obligations incurred under the

4 Act in each fiscal year since inception in the fiscal year

5 1985: Provided further, That funds appropriated for ex6 penses under the District of Columbia Guardianship, Pro7 tective Proceedings, and Durable Power of Attorney Act of

8 1986, effective February 27, 1987 (D.C. Law 6–204; D.C.

9 Code, sec. 21–2060), for the fiscal year ending September

10 30, 1996, shall be available for obligations incurred under

11 the Act in each fiscal year since inception in fiscal year

12 1989: Provided further, That not to exceed $1,500 for the

13 Chief Judge of the District of Columbia Court of Appeals,

14 $1,500 for the Chief Judge of the Superior Court of the Dis15 trict of Columbia, and $1,500 for the Executive Officer of

16 the District of Columbia Courts shall be available from this

17 appropriation for official purposes: Provided further, That

18 the District of Columbia shall operate and maintain a free,

19 24-hour telephone information service whereby residents of

20 the area surrounding Lorton prison in Fairfax County,

21 Virginia, can promptly obtain information from District

22 of Columbia government officials on all disturbances at the

23 prison, including escapes, riots, and similar incidents: Pro24 vided further, That the District of Columbia government

25 shall also take steps to publicize the availability of the 24-
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1 hour telephone information service among the residents of

2 the area surrounding the Lorton prison: Provided further,

3 That not to exceed $100,000 of this appropriation shall be

4 used to reimburse Fairfax County, Virginia, and Prince

5 William County, Virginia, for expenses incurred by the

6 counties during the fiscal year ending September 30, 1996,

7 in relation to the Lorton prison complex: Provided further,

8 That such reimbursements shall be paid in all instances in

9 which the District requests the counties to provide police,

10 fire, rescue, and related services to help deal with escapes,

11 fires, riots, and similar disturbances involving the prison:

12 Provided further, That the Mayor shall reimburse the Dis13 trict of Columbia National Guard for expenses incurred in

14 connection with services that are performed in emergencies

15 by the National Guard in a militia status and are requested

16 by the Mayor, in amounts that shall be jointly determined

17 and certified as due and payable for these services by the

18 Mayor and the Commanding General of the District of Co19 lumbia National Guard: Provided further, That such sums

20 as may be necessary for reimbursement to the District of

21 Columbia National Guard under the preceding proviso shall

22 be available from this appropriation, and the availability

23 of the sums shall be deemed as constituting payment in ad24 vance for emergency services involved.
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1 PUBLIC EDUCATION SYSTEM

2 Public education system, including the development of

3 national defense education programs, $795,201,000 and

4 11,670 full-time equivalent positions (end-of-year) (includ5 ing $676,251,000 and 9,996 full-time equivalent positions

6 from local funds, $87,385,000 and 1,227 full-time equiva7 lent positions from Federal funds, $21,719,000 and 234 full8 time equivalent positions from other funds, and $9,846,000

9 and 213 full-time equivalent positions from intra-District

10 funds), to be allocated as follows: $580,996,000 and 10,167

11 full-time equivalent positions (including $498,310,000 and

12 9,014 full-time equivalent positions from local funds

13 $75,786,000 and 1,058 full-time equivalent positions from

14 Federal funds, $4,343,000 and 44 full-time equivalent posi15 tions from other funds, and $2,557,000 and 51 full-time

16 equivalent positions from intra-District funds), for the pub17 lic schools of the District of Columbia; $111,800,000 (in18 cluding $111,000,000 from local funds and $800,000 from

19 intra-District funds) shall be allocated for the District of

20 Columbia Teachers’ Retirement Fund; $79,396,000 and

21 1,079 full-time equivalent positions (including $45,377,000

22 and 572 full-time equivalent positions from local funds,

23 $10,611,000 and 156 full-time equivalent positions from

24 Federal funds, $16,922,000 and 189 full-time equivalent po25 sitions from other funds, and $6,486,000 and 162 full-time
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1 equivalent positions from intra-District funds) for the Uni2 versity of the District of Columbia; $20,742,000 and 415

3 full-time equivalent positions (including $19,839,000 and

4 408 full-time equivalent positions from local funds,

5 $446,000 and 6 full-time equivalent positions from Federal

6 funds, $454,000 and 1 full-time equivalent position from

7 other funds, and $3,000 from intra-District funds) for the

8 Public Library; $2,267,000 and 9 full-time equivalent posi9 tions (including $1,725,000 and 2 full-time equivalent posi10 tions from local funds and $542,000 and 7 full-time equiva11 lent positions from Federal funds) for the Commission on

12 the Arts and Humanities: Provided, That the public schools

13 of the District of Columbia are authorized to accept not to

14 exceed 31 motor vehicles for exclusive use in the driver edu15 cation program: Provided further, That not to exceed $2,500

16 for the Superintendent of Schools, $2,500 for the President

17 of the University of the District of Columbia, and $2,000

18 for the Public Librarian shall be available from this appro19 priation for expenditures for official purposes: Provided

20 further, That this appropriation shall not be available to

21 subsidize the education of nonresidents of the District of Co22 lumbia at the University of the District of Columbia, unless

23 the Board of Trustees of the University of the District of

24 Columbia adopts, for the fiscal year ending September 30,

25 1996, a tuition rate schedule that will establish the tuition
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1 rate for nonresident students at a level no lower than the

2 nonresident tuition rate charged at comparable public insti3 tutions of higher education in the metropolitan area.

4 EDUCATION REFORM

5 Education reform, $14,930,000, to be allocated as fol6 lows:

7 $200,000 shall be available for payments to charter

8 schools as authorized under Subtitle B of title II of this

9 Act;

10 $300,000 shall be available for the Public Charter

11 School Board as authorized under Subtitle B of title II of

12 this Act;

13 $2,000,000 shall be transferred directly, notwithstand14 ing any other provision of law, to the United States Depart15 ment of Education for awarding grants to carry out Even

16 Start programs in the District of Columbia as provided for

17 in Subtitle C of title II of this Act;

18 $1,250,000 shall be available to establish core curricu19 lum, content standards, and assessments as authorized

20 under Subtitle D of title II of this Act;

21 $500,000 shall be available for payment to the Admin22 istrator of the General Services Administration for the costs

23 of developing engineering plans for donated work on Dis24 trict of Columbia public school facilities as authorized

25 under Subtitle F of title II of this Act;
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1 $100,000 shall be available to develop a plan for a resi2 dential school as authorized under Subtitle G of title II of

3 this Act;

4 $860,000 shall be available for the District Education

5 and Learning Technologies Advancement Council as au6 thorized under Subtitle I of title II of this Act;

7 $1,450,000 shall be available to the District Employ8 ment and Learning Center as authorized under Subtitle I

9 of title II of this Act;

10 $1,000,000 shall be available for a professional devel11 opment program for teachers and administrators adminis12 tered by the nonprofit corporation selected under section

13 2701 of title II of this Act as authorized under Subtitle I

14 of title II of this Act;

15 $1,450,000 shall be available for the Jobs for D.C.

16 Graduates Program as authorized under Subtitle I of title

17 II of this Act;

18 $70,000 shall be available for the Everybody Wins pro19 gram;

20 $100,000 shall be available for the Fit Kids program;

21 $400,000 shall be available to the District of Columbia

22 Public Schools to improve security (such as installing elec23 tronic door locking devices) at such schools, including at

24 a minimum the following schools: Winston Education Cen-
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1 ter; McKinley High School; Ballou High School; and

2 Cardozo High School; and

3 $5,250,000 shall be available pursuant to a plan devel4 oped by the Superintendent of the District of Columbia

5 Public Schools, in consultation with public and private en6 tities, for repair, modernization, maintenance and plan7 ning consistent with subtitle A and subtitle F of title II

8 of this Act, the August 14, 1995 recommendations of the

9 ‘‘Superintendent’s Task Force on Education Infrastructure

10 for the 21st Century’’ and the June 13, 1995 ‘‘Accelerating

11 Education Reform in the District of Columbia: Building

12 on BESST’’: Provided, That not more than $250,000 of this

13 amount may be available for planning: Provided further,

14 That these funds shall be available for repair, moderniza15 tion, maintenance of classroom buildings: Provided further,

16 That these funds shall remain available until expended:

17 Provided, That the District of Columbia government shall

18 enter into negotiations with Gallaudet University to trans19 fer, at a fair market value rate, Hamilton School from the

20 District of Columbia to Gallaudet University with the pro21 ceeds, if such a sale takes place, deposited into the general

22 fund of the District and used to improve public school fa23 cilities in the same ward as the Hamilton School.
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1 HUMAN SUPPORT SERVICES

2 Human support services, $1,855,014,000 and 6,469

3 full-time equivalent positions (end-of-year) (including

4 $1,076,856,000 and 3,650 full-time equivalent positions

5 from local funds, $726,685,000 and 2,639 full-time equiva6 lent positions from Federal funds, $46,799,000 and 66 full7 time equivalent positions from other funds, and $4,674,000

8 and 114 full-time equivalent positions from intra-District

9 funds): Provided, That $26,000,000 of this appropriation,

10 to remain available until expended, shall be available solely

11 for District of Columbia employees’ disability compensa12 tion: Provided further, That the District shall not provide

13 free government services such as water, sewer, solid waste

14 disposal or collection, utilities, maintenance, repairs, or

15 similar services to any legally constituted private nonprofit

16 organization (as defined in section 411(5) of Public Law

17 100–77, approved July 22, 1987) providing emergency shel18 ter services in the District, if the District would not be

19 qualified to receive reimbursement pursuant to the Stewart

20 B. McKinney Homeless Assistance Act, approved July 22,

21 1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301

22 et seq.).

23 PUBLIC WORKS

24 Public works, including rental of one passenger-carry25 ing vehicle for use by the Mayor and three passenger-carry-
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1 ing vehicles for use by the Council of the District of Colum2 bia and purchase of passenger-carrying vehicles for replace3 ment only, $297,568,000 and 1,914 full-time equivalent po4 sitions (end-of-year) (including $225,915,000 and 1,158

5 full-time equivalent positions from local funds, $2,682,000

6 and 32 full-time equivalent positions from Federal funds,

7 $18,342,000 and 68 full-time equivalent positions from

8 other funds, and $50,629,000 and 656 full-time equivalent

9 positions from intra-District funds): Provided, That this

10 appropriation shall not be available for collecting ashes or

11 miscellaneous refuse from hotels and places of business.

12 WASHINGTON CONVENTION CENTER FUND TRANSFER

13 PAYMENT

14 For payment to the Washington Convention Center

15 Enterprise Fund, $5,400,000 from local funds.

16 REPAYMENT OF LOANS AND INTEREST

17 For reimbursement to the United States of funds

18 loaned in compliance with An Act to provide for the estab19 lishment of a modern, adequate, and efficient hospital cen20 ter in the District of Columbia, approved August 7, 1946

21 (60 Stat. 896; Public Law 79–648); section 1 of An Act

22 to authorize the Commissioners of the District of Columbia

23 to borrow funds for capital improvement programs and to

24 amend provisions of law relating to Federal Government

25 participation in meeting costs of maintaining the Nation’s
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1 Capital City, approved June 6, 1958 (72 Stat. 183; Public

2 Law 85–451; D.C. Code, sec. 9–219); section 4 of An Act

3 to authorize the Commissioners of the District of Columbia

4 to plan, construct, operate, and maintain a sanitary sewer

5 to connect the Dulles International Airport with the Dis6 trict of Columbia system, approved June 12, 1960 (74 Stat.

7 211; Public Law 86–515); sections 723 and 743(f) of the

8 District of Columbia Self-Government and Governmental

9 Reorganization Act of 1973, approved December 24, 1973,

10 as amended (87 Stat. 821; Public Law 93–198; D.C. Code,

11 sec. 47–321, note; 91 Stat. 1156; Public Law 95–131; D.C.

12 Code, sec. 9–219, note), including interest as required there13 by, $327,787,000 from local funds.

14 REPAYMENT OF GENERAL FUND RECOVERY DEBT

15 For the purpose of eliminating the $331,589,000 gen16 eral fund accumulated deficit as of September 30, 1990,

17 $38,678,000 from local funds, as authorized by section

18 461(a) of the District of Columbia Self-Government and

19 Governmental Reorganization Act, approved December 24,

20 1973, as amended (105 Stat. 540; Public Law 102–106;

21 D.C. Code, sec. 47–321(a)).

22 REPAYMENT OF INTEREST ON SHORT-TERM BORROWING

23 For repayment of interest on short-term borrowing,

24 $9,698,000 from local funds.
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1 PAY RENEGOTIATION OR REDUCTION IN COMPENSATION

2 The Mayor shall reduce appropriations and expendi3 tures for personal services in the amount of $46,409,000,

4 by decreasing rates of compensation for District government

5 employees; such decreased rates are to be realized from em6 ployees who are subject to collective bargaining agreements

7 to the extent possible through the renegotiation of existing

8 collective bargaining agreements: Provided, That, if a suffi9 cient reduction from employees who are subject to collective

10 bargaining agreements is not realized through renegotiating

11 existing agreements, the Mayor shall decrease rates of com12 pensation for such employees, notwithstanding the provi13 sions of any collective bargaining agreements: Provided fur14 ther, That the Congress hereby ratifies and approves legisla15 tion enacted by the Council of the District of Columbia dur16 ing fiscal year 1995 to reduce the compensation and benefits

17 of all employees of the District of Columbia government

18 during that fiscal year: Provided further, That notwith19 standing any other provision of law, the legislation enacted

20 by the Council of the District of Columbia during fiscal

21 year 1995 to reduce the compensation and benefits of all

22 employees of the District of Columbia government during

23 that fiscal year shall be deemed to have been ratified and

24 approved by the Congress during fiscal year 1995.
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1 RAINY DAY FUND

2 For mandatory unavoidable expenditures within one

3 or several of the various appropriation headings of this Act,

4 to be allocated to the budgets for personal services and

5 nonpersonal services as requested by the Mayor and ap6 proved by the Council pursuant to the procedures in section

7 4 of the Reprogramming Policy Act of 1980, effective Sep8 tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–363),

9 $4,563,000 from local funds: Provided, That the District of

10 Columbia shall provide to the Committees on Appropria11 tions of the House of Representatives and the Senate quar12 terly reports by the 15th day of the month following the

13 end of the quarter showing how monies provided under this

14 fund are expended with a final report providing a full ac15 counting of the fund due October 15, 1996 or not later than

16 15 days after the last amount remaining in the fund is dis17 bursed.

18 INCENTIVE BUYOUT PROGRAM

19 For the purpose of funding costs associated with the

20 incentive buyout program, to be apportioned by the Mayor

21 of the District of Columbia within the various appropria22 tion headings in this Act from which costs are properly

23 payable, $19,000,000.
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1 OUTPLACEMENT SERVICES

2 For the purpose of funding outplacement services for

3 employees who leave the District of Columbia government

4 involuntarily, $1,500,000.

5 BOARDS AND COMMISSIONS

6 The Mayor shall reduce appropriations and expendi7 tures for boards and commissions under the various head8 ings in this Act in the amount of $500,000.

9 GOVERNMENT RE-ENGINEERING PROGRAM

10 The Mayor shall reduce appropriations and expendi11 tures for personal and nonpersonal services in the amount

12 of $16,000,000 within one or several of the various appro13 priation headings in this Act.

14 CAPITAL OUTLAY

15 (INCLUDING RESCISSIONS)

16 For construction projects, $168,222,000 (including

17 $82,850,000 from local funds and $85,372,000 from Federal

18 funds), as authorized by An Act authorizing the laying of

19 water mains and service sewers in the District of Columbia,

20 the levying of assessments therefor, and for other purposes,

21 approved April 22, 1904 (33 Stat. 244; Public Law 58–

22 140; D.C. Code, secs. 43–1512 through 43–1519); the Dis23 trict of Columbia Public Works Act of 1954, approved May

24 18, 1954 (68 Stat. 101; Public Law 83–364); An Act to

25 authorize the Commissioners of the District of Columbia to
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1 borrow funds for capital improvement programs and to

2 amend provisions of law relating to Federal Government

3 participation in meeting costs of maintaining the Nation’s

4 Capital City, approved June 6, 1958 (72 Stat. 183; Public

5 Law 85–451; including acquisition of sites, preparation of

6 plans and specifications, conducting preliminary surveys,

7 erection of structures, including building improvement and

8 alteration and treatment of grounds, to remain available

9 until expended: Provided, That $105,660,000 from local

10 funds appropriated under this heading in prior fiscal years

11 is rescinded: Provided further, That funds for use of each

12 capital project implementing agency shall be managed and

13 controlled in accordance with all procedures and limita14 tions established under the Financial Management System:

15 Provided further, That all funds provided by this appro16 priation title shall be available only for the specific projects

17 and purposes intended: Provided further, That notwith18 standing the foregoing, all authorizations for capital outlay

19 projects, except those projects covered by the first sentence

20 of section 23(a) of the Federal-Aid Highway Act of 1968,

21 approved August 23, 1968 (82 Stat. 827; Public Law 90–

22 495; D.C. Code, sec. 7–134, note), for which funds are pro23 vided by this appropriation title, shall expire on September

24 30, 1997, except authorizations for projects as to which

25 funds have been obligated in whole or in part prior to Sep-
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1 tember 30, 1997: Provided further, That upon expiration

2 of any such project authorization the funds provided herein

3 for the project shall lapse.

4 WATER AND SEWER ENTERPRISE FUND

5 For the Water and Sewer Enterprise Fund,

6 $242,253,000 and 1,024 full-time equivalent positions (end7 of-year) (including $237,076,000 and 924 full-time equiva8 lent positions from local funds, $433,000 from other funds,

9 and $4,744,000 and 100 full-time equivalent positions from

10 intra-District funds), of which $41,036,000 shall be appor11 tioned and payable to the debt service fund for repayment

12 of loans and interest incurred for capital improvement

13 projects.

14 For construction projects, $39,477,000 from Federal

15 funds, as authorized by An Act authorizing the laying of

16 water mains and service sewers in the District of Columbia,

17 the levying of assessments therefor, and for other purposes,

18 approved April 22, 1904 (33 Stat. 244; Public Law 58–

19 140; D.C. Code, sec. 43–1512 et seq.): Provided, That the

20 requirements and restrictions that are applicable to general

21 fund capital improvement projects and set forth in this Act

22 under the Capital Outlay appropriation title shall apply

23 to projects approved under this appropriation title.
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1 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

2 For the Lottery and Charitable Games Enterprise

3 Fund, established by the District of Columbia Appropria4 tion Act for the fiscal year ending September 30, 1982, ap5 proved December 4, 1981 (95 Stat. 1174, 1175; Public Law

6 97–91), as amended, for the purpose of implementing the

7 Law to Legalize Lotteries, Daily Numbers Games, and

8 Bingo and Raffles for Charitable Purposes in the District

9 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

10 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

11 $229,950,000 and 88 full-time equivalent positions (end-of12 year) (including $7,950,000 and 88 full-time equivalent po13 sitions for administrative expenses and $222,000,000 for

14 non-administrative expenses from revenue generated by the

15 Lottery Board), to be derived from non-Federal District of

16 Columbia revenues: Provided, That the District of Columbia

17 shall identify the source of funding for this appropriation

18 title from the District’s own locally-generated revenues: Pro19 vided further, That no revenues from Federal sources shall

20 be used to support the operations or activities of the Lottery

21 and Charitable Games Control Board.

22 CABLE TELEVISION ENTERPRISE FUND

23 For the Cable Television Enterprise Fund, established

24 by the Cable Television Communications Act of 1981, effec25 tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–
206

HR 3019 EAS

1 1801 et seq.), $2,351,000 and 8 full-time equivalent posi2 tions (end-of-year) (including $2,019,000 and 8 full-time

3 equivalent positions from local funds and $332,000 from

4 other funds), of which $572,000 shall be transferred to the

5 general fund of the District of Columbia.

6 STARPLEX FUND

7 For the Starplex Fund, $6,580,000 from other funds

8 for the expenses incurred by the Armory Board in the exer9 cise of its powers granted by An Act To Establish A District

10 of Columbia Armory Board, and for other purposes, ap11 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301

12 et seq.) and the District of Columbia Stadium Act of 1957,

13 approved September 7, 1957 (71 Stat. 619; Public Law 85–

14 300; D.C. Code, sec. 2–321 et seq.): Provided, That the

15 Mayor shall submit a budget for the Armory Board for the

16 forthcoming fiscal year as required by section 442(b) of the

17 District of Columbia Self-Government and Governmental

18 Reorganization Act, approved December 24, 1973 (87 Stat.

19 824; Public Law 93–198; D.C. Code, sec. 47–301(b)).

20 D.C. GENERAL HOSPITAL

21 For the District of Columbia General Hospital, estab22 lished by Reorganization Order No. 57 of the Board of Com23 missioners, effective August 15, 1953, $115,034,000, of

24 which $56,735,000 shall be derived by transfer as intra-Dis25 trict funds from the general fund, $52,684,000 is to be de-
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1 rived from the other funds, and $5,615,000 is to be derived

2 from intra-District funds.

3 D.C. RETIREMENT BOARD

4 For the D.C. Retirement Board, established by section

5 121 of the District of Columbia Retirement Reform Act of

6 1989, approved November 17, 1989 (93 Stat. 866; D.C.

7 Code, sec. 1–711), $13,440,000 and 11 full-time equivalent

8 positions (end-of-year) from the earnings of the applicable

9 retirement funds to pay legal, management, investment,

10 and other fees and administrative expenses of the District

11 of Columbia Retirement Board: Provided, That the District

12 of Columbia Retirement Board shall provide to the Congress

13 and to the Council of the District of Columbia a quarterly

14 report of the allocations of charges by fund and of expendi15 tures of all funds: Provided further, That the District of

16 Columbia Retirement Board shall provide the Mayor, for

17 transmittal to the Council of the District of Columbia, an

18 item accounting of the planned use of appropriated funds

19 in time for each annual budget submission and the actual

20 use of such funds in time for each annual audited financial

21 report.

22 CORRECTIONAL INDUSTRIES FUND

23 For the Correctional Industries Fund, established by

24 the District of Columbia Correctional Industries Establish25 ment Act, approved October 3, 1964 (78 Stat. 1000; Public
208

HR 3019 EAS

1 Law 88–622), $10,516,000 and 66 full-time equivalent posi2 tions (end-of-year) (including $3,415,000 and 22 full-time

3 equivalent positions from other funds and $7,101,000 and

4 44 full-time equivalent positions from intra-District funds).

5 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

6 For the Washington Convention Center Enterprise

7 Fund, $37,957,000, of which $5,400,000 shall be derived by

8 transfer from the general fund.

9 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

10 MANAGEMENT ASSISTANCE AUTHORITY

11 For the District of Columbia Financial Responsibility

12 and Management Assistance Authority, established by sec13 tion 101(a) of the District of Columbia Financial Respon14 sibility and Management Assistance Act of 1995, approved

15 April 17, 1995 (109 Stat. 97; Public Law 104–8),

16 $3,500,000.

17 PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

18 Notwithstanding any other provision of law, the Chief

19 Financial Officer established under section 302 of Public

20 Law 104–8, approved April 17, 1995 (109 Stat. 142) shall,

21 on behalf of the Mayor, adjust appropriations and expendi22 tures for personal and nonpersonal services, together with

23 the related full-time equivalent positions, in accordance

24 with the direction of the District of Columbia Financial

25 Responsibility and Management Assistance Authority such
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1 that there is a net reduction of $165,837,000, within or

2 among one or several of the various appropriation headings

3 in this Act, pursuant to section 208 of Public Law 104–

4 8, approved April 17, 1995 (109 Stat. 134).

5 GENERAL PROVISIONS

6 SEC. 101. The expenditure of any appropriation under

7 this Act for any consulting service through procurement

8 contract, pursuant to 5 U.S.C. 3109, shall be limited to

9 those contracts where such expenditures are a matter of pub10 lic record and available for public inspection, except where

11 otherwise provided under existing law, or under existing

12 Executive order issued pursuant to existing law.

13 SEC. 102. Except as otherwise provided in this Act,

14 all vouchers covering expenditures of appropriations con15 tained in this Act shall be audited before payment by the

16 designated certifying official and the vouchers as approved

17 shall be paid by checks issued by the designated disbursing

18 official.

19 SEC. 103. Whenever in this Act, an amount is specified

20 within an appropriation for particular purposes or objects

21 of expenditure, such amount, unless otherwise specified,

22 shall be considered as the maximum amount that may be

23 expended for said purpose or object rather than an amount

24 set apart exclusively therefor.
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1 SEC. 104. Appropriations in this Act shall be avail2 able, when authorized by the Mayor, for allowances for pri3 vately owned automobiles and motorcycles used for the per4 formance of official duties at rates established by the Mayor:

5 Provided, That such rates shall not exceed the maximum

6 prevailing rates for such vehicles as prescribed in the Fed7 eral Property Management Regulations 101–7 (Federal

8 Travel Regulations).

9 SEC. 105. Appropriations in this Act shall be available

10 for expenses of travel and for the payment of dues of organi11 zations concerned with the work of the District of Columbia

12 government, when authorized by the Mayor: Provided, That

13 the Council of the District of Columbia and the District

14 of Columbia Courts may expend such funds without author15 ization by the Mayor.

16 SEC. 106. There are appropriated from the applicable

17 funds of the District of Columbia such sums as may be nec18 essary for making refunds and for the payment of judg19 ments that have been entered against the District of Colum20 bia government: Provided, That nothing contained in this

21 section shall be construed as modifying or affecting the pro22 visions of section 11(c)(3) of title XII of the District of Co23 lumbia Income and Franchise Tax Act of 1947, approved

24 March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.

25 Code, sec. 47–1812.11(c)(3)).
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1 SEC. 107. Appropriations in this Act shall be available

2 for the payment of public assistance without reference to

3 the requirement of section 544 of the District of Columbia

4 Public Assistance Act of 1982, effective April 6, 1982 (D.C.

5 Law 4–101; D.C. Code, sec. 3–205.44), and for the non-Fed6 eral share of funds necessary to qualify for Federal assist7 ance under the Juvenile Delinquency Prevention and Con8 trol Act of 1968, approved July 31, 1968 (82 Stat. 462;

9 Public Law 90–445, 42 U.S.C. 3801 et seq.).

10 SEC. 108. No part of any appropriation contained in

11 this Act shall remain available for obligation beyond the

12 current fiscal year unless expressly so provided herein.

13 SEC. 109. No funds appropriated in this Act for the

14 District of Columbia government for the operation of edu15 cational institutions, the compensation of personnel, or for

16 other educational purposes may be used to permit, encour17 age, facilitate, or further partisan political activities. Noth18 ing herein is intended to prohibit the availability of school

19 buildings for the use of any community or partisan politi20 cal group during non-school hours.

21 SEC. 110. The annual budget for the District of Colum22 bia government for the fiscal year ending September 30,

23 1997, shall be transmitted to the Congress no later than

24 April 15, 1996 or as provided for under the provisions of

25 Public Law 104–8, approved April 17, 1995.
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1 SEC. 111. None of the funds appropriated in this Act

2 shall be made available to pay the salary of any employee

3 of the District of Columbia government whose name, title,

4 grade, salary, past work experience, and salary history are

5 not available for inspection by the House and Senate Com6 mittees on Appropriations, the House Committee on Gov7 ernment Reform and Oversight, District of Columbia Sub8 committee, the Subcommittee on Oversight of Government

9 Management, of the Senate Committee on Governmental Af10 fairs, and the Council of the District of Columbia, or their

11 duly authorized representative: Provided, That none of the

12 funds contained in this Act shall be made available to pay

13 the salary of any employee of the District of Columbia gov14 ernment whose name and salary are not available for public

15 inspection.

16 SEC. 112. There are appropriated from the applicable

17 funds of the District of Columbia such sums as may be nec18 essary for making payments authorized by the District of

19 Columbia Revenue Recovery Act of 1977, effective Septem20 ber 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et

21 seq.).

22 SEC. 113. No part of this appropriation shall be used

23 for publicity or propaganda purposes or implementation of

24 any policy including boycott designed to support or defeat

25 legislation pending before Congress or any State legislature.
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1 SEC. 114. At the start of the fiscal year, the Mayor

2 shall develop an annual plan, by quarter and by project,

3 for capital outlay borrowings: Provided, That within a rea4 sonable time after the close of each quarter, the Mayor shall

5 report to the Council of the District of Columbia and the

6 Congress the actual borrowings and spending progress com7 pared with projections.

8 SEC. 115. The Mayor shall not borrow any funds for

9 capital projects unless the Mayor has obtained prior ap10 proval from the Council of the District of Columbia, by reso11 lution, identifying the projects and amounts to be financed

12 with such borrowings.

13 SEC. 116. The Mayor shall not expend any moneys

14 borrowed for capital projects for the operating expenses of

15 the District of Columbia government.

16 SEC. 117. None of the funds appropriated by this Act

17 may be obligated or expended by reprogramming except

18 pursuant to advance approval of the reprogramming grant19 ed according to the procedure set forth in the Joint Explan20 atory Statement of the Committee of Conference (House Re21 port No. 96–443), which accompanied the District of Co22 lumbia Appropriation Act, 1980, approved October 30,

23 1979 (93 Stat. 713; Public Law 96–93), as modified in

24 House Report No. 98–265, and in accordance with the

25 Reprogramming Policy Act of 1980, effective September 16,
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1 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro2 vided, That for the fiscal year ending September 30, 1996

3 the above shall apply except as modified by Public Law

4 104–8.

5 SEC. 118. None of the Federal funds provided in this

6 Act shall be obligated or expended to provide a personal

7 cook, chauffeur, or other personal servants to any officer or

8 employee of the District of Columbia.

9 SEC. 119. None of the Federal Funds provided in this

10 Act shall be obligated or expended to procure passenger

11 automobiles as defined in the Automobile Fuel Efficiency

12 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

13 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ14 mental Protection Agency estimated miles per gallon aver15 age of less than 22 miles per gallon: Provided, That this

16 section shall not apply to security, emergency rescue, or ar17 mored vehicles.

18 SEC. 120. (a) Notwithstanding section 422(7) of the

19 District of Columbia Self-Government and Governmental

20 Reorganization Act of 1973, approved December 24, 1973

21 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

22 242(7)), the City Administrator shall be paid, during any

23 fiscal year, a salary at a rate established by the Mayor,

24 not to exceed the rate established for level IV of the Execu25 tive Schedule under 5 U.S.C. 5315.
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1 (b) For purposes of applying any provision of law lim2 iting the availability of funds for payment of salary or pay

3 in any fiscal year, the highest rate of pay established by

4 the Mayor under subsection (a) of this section for any posi5 tion for any period during the last quarter of calendar year

6 1995 shall be deemed to be the rate of pay payable for that

7 position for September 30, 1995.

8 (c) Notwithstanding section 4(a) of the District of Co9 lumbia Redevelopment Act of 1945, approved August 2,

10 1946 (60 Stat. 793; Public Law 79–592; D.C. Code, sec.

11 5–803(a)), the Board of Directors of the District of Colum12 bia Redevelopment Land Agency shall be paid, during any

13 fiscal year, per diem compensation at a rate established by

14 the Mayor.

15 SEC. 121. Notwithstanding any other provisions of

16 law, the provisions of the District of Columbia Government

17 Comprehensive Merit Personnel Act of 1978, effective March

18 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

19 enacted pursuant to section 422(3) of the District of Colum20 bia Self-Government and Governmental Reorganization Act

21 of 1973, approved December 24, 1973 (87 Stat. 790; Public

22 Law 93–198; D.C. Code, sec. 1–242(3)), shall apply with

23 respect to the compensation of District of Columbia employ24 ees: Provided, That for pay purposes, employees of the Dis-
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1 trict of Columbia government shall not be subject to the pro2 visions of title 5 of the United States Code.

3 SEC. 122. The Director of the Department of Adminis4 trative Services may pay rentals and repair, alter, and im5 prove rented premises, without regard to the provisions of

6 section 322 of the Economy Act of 1932 (Public Law 72–

7 212; 40 U.S.C. 278a), upon a determination by the Direc8 tor, that by reason of circumstances set forth in such deter9 mination, the payment of these rents and the execution of

10 this work, without reference to the limitations of section

11 322, is advantageous to the District in terms of economy,

12 efficiency, and the District’s best interest.

13 SEC. 123. No later than 30 days after the end of the

14 first quarter of the fiscal year ending September 30, 1996,

15 the Mayor of the District of Columbia shall submit to the

16 Council of the District of Columbia the new fiscal year 1996

17 revenue estimates as of the end of the first quarter of fiscal

18 year 1996. These estimates shall be used in the budget re19 quest for the fiscal year ending September 30, 1997. The

20 officially revised estimates at midyear shall be used for the

21 midyear report.

22 SEC. 124. No sole source contract with the District of

23 Columbia government or any agency thereof may be re24 newed or extended without opening that contract to the

25 competitive bidding process as set forth in section 303 of
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1 the District of Columbia Procurement Practices Act of 1985,

2 effective February 21, 1986 (D.C. Law 6–85; D.C. Code, sec.

3 1–1183.3), except that the District of Columbia Public

4 Schools may renew or extend sole source contracts for which

5 competition is not feasible or practical, provided that the

6 determination as to whether to invoke the competitive bid7 ding process has been made in accordance with duly pro8 mulgated Board of Education rules and procedures.

9 SEC. 125. For purposes of the Balanced Budget and

10 Emergency Deficit Control Act of 1985, approved December

11 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended,

12 the term ‘‘program, project, and activity’’ shall be synony13 mous with and refer specifically to each account appro14 priating Federal funds in this Act, and any sequestration

15 order shall be applied to each of the accounts rather than

16 to the aggregate total of those accounts: Provided, That se17 questration orders shall not be applied to any account that

18 is specifically exempted from sequestration by the Balanced

19 Budget and Emergency Deficit Control Act of 1985, ap20 proved December 12, 1985 (99 Stat. 1037; Public Law 99–

21 177), as amended.

22 SEC. 126. In the event a sequestration order is issued

23 pursuant to the Balanced Budget and Emergency Deficit

24 Control Act of 1985, approved December 12, 1985 (99 Stat.

25 1037: Public Law 99–177), as amended, after the amounts
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1 appropriated to the District of Columbia for the fiscal year

2 involved have been paid to the District of Columbia, the

3 Mayor of the District of Columbia shall pay to the Sec4 retary of the Treasury, within 15 days after receipt of a

5 request therefor from the Secretary of the Treasury, such

6 amounts as are sequestered by the order: Provided, That the

7 sequestration percentage specified in the order shall be ap8 plied proportionately to each of the Federal appropriation

9 accounts in this Act that are not specifically exempted from

10 sequestration by the Balanced Budget and Emergency Defi11 cit Control Act of 1985, approved December 12, 1985 (99

12 Stat. 1037; Public Law 99–177), as amended.

13 SEC. 127. For the fiscal year ending September 30,

14 1996, the District of Columbia shall pay interest on its

15 quarterly payments to the United States that are made

16 more than 60 days from the date of receipt of an itemized

17 statement from the Federal Bureau of Prisons of amounts

18 due for housing District of Columbia convicts in Federal

19 penitentiaries for the preceding quarter.

20 SEC. 128. Nothing in this Act shall be construed to

21 authorize any office, agency or entity to expend funds for

22 programs or functions for which a reorganization plan is

23 required but has not been approved by the Council pursuant

24 to section 422(12) of the District of Columbia Self-Govern25 ment and Governmental Reorganization Act of 1973, ap-
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1 proved December 24, 1973 (87 Stat. 790; Public Law 93–

2 198; D.C. Code, sec. 1–242(12)) and the Governmental Re3 organization Procedures Act of 1981, effective October 17,

4 1981 (D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–299.7).

5 Appropriations made by this Act for such programs or

6 functions are conditioned on the approval by the Council,

7 prior to October 1, 1995, of the required reorganization

8 plans.

9 SEC. 129. (a) An entity of the District of Columbia

10 government may accept and use a gift or donation during

11 fiscal year 1996 if—

12 (1) the Mayor approves the acceptance and use

13 of the gift or donation: Provided, That the Council of

14 the District of Columbia may accept and use gifts

15 without prior approval by the Mayor; and

16 (2) the entity uses the gift or donation to carry

17 out its authorized functions or duties.

18 (b) Each entity of the District of Columbia government

19 shall keep accurate and detailed records of the acceptance

20 and use of any gift or donation under subsection (a) of this

21 section, and shall make such records available for audit and

22 public inspection.

23 (c) For the purposes of this section, the term ‘‘entity

24 of the District of Columbia government’’ includes an inde25 pendent agency of the District of Columbia.
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1 (d) This section shall not apply to the District of Co2 lumbia Board of Education, which may, pursuant to the

3 laws and regulations of the District of Columbia, accept

4 and use gifts to the public schools without prior approval

5 by the Mayor.

6 SEC. 130. None of the Federal funds provided in this

7 Act may be used by the District of Columbia to provide

8 for salaries, expenses, or other costs associated with the of9 fices of United States Senator or United States Representa10 tive under section 4(d) of the District of Columbia State11 hood Constitutional Convention Initiatives of 1979, effective

12 March 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1–

13 113(d)).

14 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

15 SEC. 131. None of the funds appropriated under this

16 Act shall be expended for any abortion except where the life

17 of the mother would be endangered if the fetus were carried

18 to term or where the pregnancy is the result of an act of

19 rape or incest.

20 PROHIBITION ON DOMESTIC PARTNERS ACT

21 SEC. 132. No funds made available pursuant to any

22 provision of this Act shall be used to implement or enforce

23 any system of registration of unmarried, cohabiting couples

24 whether they are homosexual, lesbian, or heterosexual, in25 cluding but not limited to registration for the purpose of
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1 extending employment, health, or governmental benefits to

2 such couples on the same basis that such benefits are ex3 tended to legally married couples; nor shall any funds made

4 available pursuant to any provision of this Act otherwise

5 be used to implement or enforce D.C. Act 9–188, signed by

6 the Mayor of the District of Columbia on April 15, 1992.

7 COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS8 ABILITIES AND TENURE AND FOR THE JUDICIAL

9 NOMINATION COMMISSION

10 SEC. 133. Sections 431(f) and 433(b)(5) of the District

11 of Columbia Self-Government and Governmental Reorga12 nization Act, approved December 24, 1973 (87 Stat. 813;

13 Public Law 93–198; D.C. Code, secs. 11–1524 and title 11,

14 App. 433), are amended to read as follows:

15 (a) Section 431(f) (D.C. Code, sec. 11–1524) is amend16 ed to read as follows:

17 ‘‘(f) Members of the Tenure Commission shall serve

18 without compensation for services rendered in connection

19 with their official duties on the Commission.’’.

20 (b) Section 433(b)(5) (title 11, App. 433) is amended

21 to read as follows:

22 ‘‘(5) Members of the Commission shall serve without

23 compensation for services rendered in connection with their

24 official duties on the Commission.’’.
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1 MULTIYEAR CONTRACTS

2 SEC. 134. Section 451 of the District of Columbia Self3 Government and Governmental Reorganization Act of 1973,

4 approved December 24, 1973 (87 Stat. 803; Public Law 93–

5 198; D.C. Code, sec. 1–1130), is amended by adding a new

6 subsection (c) to read as follows:

7 ‘‘(c)(1) The District may enter into multiyear con8 tracts to obtain goods and services for which funds would

9 otherwise be available for obligation only within the fiscal

10 year for which appropriated.

11 ‘‘(2) If the funds are not made available for the con12 tinuation of such a contract into a subsequent fiscal year,

13 the contract shall be cancelled or terminated, and the cost

14 of cancellation or termination may be paid from—

15 ‘‘(A) appropriations originally available for the

16 performance of the contract concerned;

17 ‘‘(B) appropriations currently available for pro18 curement of the type of acquisition covered by the

19 contract, and not otherwise obligated; or

20 ‘‘(C) funds appropriated for those payments.

21 ‘‘(3) No contract entered into under this section shall

22 be valid unless the Mayor submits the contract to the Coun23 cil for its approval and the Council approves the contract

24 (in accordance with criteria established by act of the Coun25 cil). The Council shall be required to take affirmative action
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1 to approve the contract within 45 days. If no action is taken

2 to approve the contract within 45 calendar days, the con3 tract shall be deemed disapproved.’’.

4 CALCULATED REAL PROPERTY TAX RATE RESCISSION

5 AND REAL PROPERTY TAX FREEZE

6 SEC. 135. The District of Columbia Real Property Tax

7 Revision Act of 1974, approved September 3, 1974 (88 Stat.

8 1051; D.C. Code, sec. 47–801 et seq.), is amended as follows:

9 (1) Section 412 (D.C. Code, sec. 47–812) is

10 amended as follows:

11 (A) Subsection (a) is amended by striking

12 the third and fourth sentences and inserting the

13 following sentences in their place: ‘‘If the Council

14 does extend the time for establishing the rates of

15 taxation on real property, it must establish those

16 rates for the tax year by permanent legislation.

17 If the Council does not establish the rates of tax18 ation of real property by October 15, and does

19 not extend the time for establishing rates, the

20 rates of taxation applied for the prior year shall

21 be the rates of taxation applied during the tax

22 year.’’.

23 (B) A new subsection (a–2) is added to read

24 as follows:
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1 ‘‘(a–2) Notwithstanding the provisions of subsection

2 (a) of this section, the real property tax rates for taxable

3 real property in the District of Columbia for the tax year

4 beginning October 1, 1995, and ending September 30, 1996,

5 shall be the same rates in effect for the tax year beginning

6 October 1, 1993, and ending September 30, 1994.’’.

7 (2) Section 413(c) (D.C. Code, sec. 47–815(c)) is

8 repealed.

9 PRISONS INDUSTRIES

10 SEC. 136. Title 18 U.S.C. 1761(b) is amended by strik11 ing the period at the end and inserting the phrase ‘‘or not12 for-profit organizations.’’ in its place.

13 REPORTS ON REDUCTIONS

14 SEC. 137. Within 120 days of the effective date of this

15 Act, the Mayor shall submit to the Congress and the Council

16 a report delineating the actions taken by the executive to

17 effect the directives of the Council in this Act, including—

18 (1) negotiations with representatives of collective

19 bargaining units to reduce employee compensation;

20 (2) actions to restructure existing long-term city

21 debt;

22 (3) actions to apportion the spending reductions

23 anticipated by the directives of this Act to the execu24 tive for unallocated reductions; and
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1 (4) a list of any position that is backfilled in2 cluding description, title, and salary of the position.

3 MONTHLY REPORTING REQUIREMENTS—BOARD OF

4 EDUCATION

5 SEC. 138. The Board of Education shall submit to the

6 Congress, Mayor, and Council of the District of Columbia

7 no later than fifteen (15) calendar days after the end of

8 each month a report that sets forth—

9 (1) current month expenditures and obligations,

10 year-to-date expenditures and obligations, and total

11 fiscal year expenditure projections vs. budget broken

12 out on the basis of control center, responsibility cen13 ter, agency reporting code, and object class, and for

14 all funds, including capital financing;

15 (2) a breakdown of FTE positions and staff for

16 the most current pay period broken out on the basis

17 of control center, responsibility center, and agency re18 porting code within each responsibility center, for all

19 funds, including capital funds;

20 (3) a list of each account for which spending is

21 frozen and the amount of funds frozen, broken out by

22 control center, responsibility center, detailed object,

23 and agency reporting code, and for all funding

24 sources;
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1 (4) a list of all active contracts in excess of

2 $10,000 annually, which contains; the name of each

3 contractor; the budget to which the contract is charged

4 broken out on the basis of control center, responsibil5 ity center, and agency reporting code; and contract

6 identifying codes used by the D.C. Public Schools;

7 payments made in the last month and year-to-date,

8 the total amount of the contract and total payments

9 made for the contract and any modifications, exten10 sions, renewals; and specific modifications made to

11 each contract in the last month;

12 (5) all reprogramming requests and reports that

13 are required to be, and have been, submitted to the

14 Board of Education; and

15 (6) changes made in the last month to the orga16 nizational structure of the D.C. Public Schools, dis17 playing previous and current control centers and re18 sponsibility centers, the names of the organizational

19 entities that have been changed, the name of the staff

20 member supervising each entity affected, and the rea21 sons for the structural change.

22 MONTHLY REPORTING REQUIREMENT

23 UNIVERSITY OF THE DISTRICT OF COLUMBIA

24 SEC. 139. The University of the District of Columbia

25 shall submit to the Congress, Mayor, and Council of the Dis-
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1 trict of Columbia no later than fifteen (15) calendar days

2 after the end of each month a report that sets forth—

3 (1) current month expenditures and obligations,

4 year-to-date expenditures and obligations, and total

5 fiscal year expenditure projections vs. budget broken

6 out on the basis of control center, responsibility cen7 ter, and object class, and for all funds, including cap8 ital financing;

9 (2) a breakdown of FTE positions and all em10 ployees for the most current pay period broken out on

11 the basis of control center and responsibility center,

12 for all funds, including capital funds;

13 (3) a list of each account for which spending is

14 frozen and the amount of funds frozen, broken out by

15 control center, responsibility center, detailed object,

16 and for all funding sources;

17 (4) a list of all active contracts in excess of

18 $10,000 annually, which contains: the name of each

19 contractor; the budget to which the contract is charged

20 broken out on the basis of control center and respon21 sibility center, and contract identifying codes used by

22 the University of the District of Columbia; payments

23 made in the last month and year-to-date, the total

24 amount of the contract and total payments made for

25 the contract and any modifications, extensions, re-
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1 newals; and specific modifications made to each con2 tract in the last month;

3 (5) all reprogramming requests and reports that

4 have been made by the University of the District of

5 Columbia within the last month in compliance with

6 applicable law; and

7 (6) changes in the last month to the organiza8 tional structure of the University of the District of

9 Columbia, displaying previous and current control

10 centers and responsibility centers, the names of the or11 ganizational entities that have been changed, the

12 name of the staff member supervising each entity af13 fected, and the reasons for the structural change.

14 ANNUAL REPORTING REQUIREMENTS

15 SEC. 140. (a) The Board of Education of the District

16 of Columbia and the University of the District of Columbia

17 shall annually compile an accurate and verifiable report

18 on the positions and employees in the public school system

19 and the university, respectively. The annual report shall set

20 forth—

21 (1) the number of validated schedule A positions

22 in the District of Columbia Public Schools and the

23 University of the District of Columbia for fiscal year

24 1995, fiscal year 1996, and thereafter on full-time

25 equivalent basis, including a compilation of all posi-
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1 tions by control center, responsibility center, funding

2 source, position type, position title, pay plan, grade,

3 and annual salary; and

4 (2) a compilation of all employees in the District

5 of Columbia Public Schools and the University of the

6 District of Columbia as of the preceding December 31,

7 verified as to its accuracy in accordance with the

8 functions that each employee actually performs, by

9 control center, responsibility center, agency reporting

10 code, program (including funding source), activity,

11 location for accounting purposes, job title, grade and

12 classification, annual salary, and position control

13 number.

14 (b) The annual report required by subsection (a) of

15 this section shall be submitted to the Congress, the Mayor

16 and Council of the District of Columbia, by not later than

17 February 8 of each year.

18 ANNUAL BUDGETS AND BUDGET REVISIONS

19 SEC. 141. (a) Not later than October 1, 1995, or within

20 15 calendar days after the date of the enactment of the Dis21 trict of Columbia Appropriations Act, 1996, whichever oc22 curs later, and each succeeding year, the Board of Edu23 cation and the University of the District of Columbia shall

24 submit to the Congress, the Mayor, and Council of the Dis25 trict of Columbia, a revised appropriated funds operating
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1 budget for the public school system and the University of

2 the District of Columbia for such fiscal year that is in the

3 total amount of the approved appropriation and that re4 aligns budgeted data for personal services and other-than5 personal services, respectively, with anticipated actual ex6 penditures.

7 (b) The revised budget required by subsection (a) of

8 this section shall be submitted in the format of the budget

9 that the Board of Education and the University of the Dis10 trict of Columbia submit to the Mayor of the District of

11 Columbia for inclusion in the Mayor’s budget submission

12 to the Council of the District of Columbia pursuant to sec13 tion 442 of the District of Columbia Self-Government and

14 Governmental Reorganization Act, Public Law 93–198, as

15 amended (D.C. Code, sec. 47–301).

16 BUDGET APPROVAL

17 SEC. 142. The Board of Education the Board of Trust18 ees of the University of the District of Columbia, the Board

19 of Library Trustees, and the Board of Governors of the D.C.

20 School of Law shall vote on and approve their respective

21 annual or revised budgets before submission to the Mayor

22 of the District of Columbia for inclusion in the Mayor’s

23 budget submission to the Council of the District of Columbia

24 in accordance with section 442 of the District of Columbia

25 Self-Government and Governmental Reorganization Act,
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1 Public Law 93–198, as amended (D.C. Code, sec. 47–301),

2 or before submitting their respective budgets directly to the

3 Council.

4 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

5 SEC. 143. Notwithstanding any other provision of law,

6 rule, or regulation, the evaluation process and instruments

7 for evaluating District of Columbia Public Schools employ8 ees shall be a non-negotiable item for collective bargaining

9 purposes.

10 POSITION VACANCIES

11 SEC. 144. (a) No agency, including an independent

12 agency, shall fill a position wholly funded by appropria13 tions authorized by this Act, which is vacant on October

14 1, 1995, or becomes vacant between October 1, 1995, and

15 September 30, 1996, unless the Mayor or independent agen16 cy submits a proposed resolution of intent to fill the vacant

17 position to the Council. The Council shall be required to

18 take affirmative action on the Mayor’s resolution within 30

19 legislative days. If the Council does not affirmatively ap20 prove the resolution within 30 legislative days, the resolu21 tion shall be deemed disapproved.

22 (b) No reduction in the number of full-time equivalent

23 positions or reduction-in-force due to privatization or con24 tracting out shall occur if the District of Columbia Finan25 cial Responsibility and Management Assistance Authority,
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1 established by section 101(a) of the District of Columbia

2 Financial Responsibility and Management Assistance Act

3 of 1995, approved April 17, 1995 (109 Stat. 97; Public Law

4 104–8), disallows the full-time equivalent position reduction

5 provided in this act in meeting the maximum ceiling of

6 35,984 for the fiscal year ending September 30, 1996.

7 (c) This section shall not prohibit the appropriate per8 sonnel authority from filling a vacant position with a Dis9 trict government employee currently occupying a position

10 that is funded with appropriated funds.

11 (d) This section shall not apply to local school-based

12 teachers, school-based officers, or school-based teachers’

13 aides; or court personnel covered by title 11 of the D.C.

14 Code, except chapter 23.

15 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN16 FORCE PROCEDURES

17 SEC. 145. The District of Columbia Government Com18 prehensive Merit Personnel Act of 1978, effective March 3,

19 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

20 is amended as follows:

21 (a) Section 301 (D.C. Code, sec. 1–603.1) is amended

22 as follows:

23 (1) A new paragraph (13A) is added to read as

24 follows:
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1 ‘‘(13A) ‘Nonschool-based personnel’ means any em2 ployee of the District of Columbia Public Schools who is

3 not based at a local school or who does not provide direct

4 services to individual students.’’.

5 (2) A new paragraph (15A) is added to read as

6 follows:

7 ‘‘(15A) ‘School administrators’ means principals, as8 sistant principals, school program directors, coordinators,

9 instructional supervisors, and support personnel of the Dis10 trict of Columbia Public Schools.’’.

11 (b) Section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2))

12 is amended by adding a new subparagraph (L–i) to read

13 as follows:

14 ‘‘(L–i) Notwithstanding any other provision of law,

15 the Board of Education shall not issue rules that require

16 or permit nonschool-based personnel or school administra17 tors to be assigned or reassigned to the same competitive

18 level as classroom teachers;’’

19 (c) Section 2402 (D.C. Code, sec. 1–625.2) is amended

20 by adding a new subsection (f) to read as follows:

21 ‘‘(f) Notwithstanding any other provision of law, the

22 Board of Education shall not require or permit nonschool23 based personnel or school administrators to be assigned or

24 reassigned to the same competitive level as classroom teach25 ers.’’.
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1 SEC. 146. (a) Notwithstanding any other provision of

2 law, rule, or regulation, an employee of the District of Co3 lumbia Public Schools shall be—

4 (1) classified as an Educational Service em5 ployee;

6 (2) placed under the personnel authority of the

7 Board of Education; and

8 (3) subject to all Board of Education rules.

9 (b) School-based personnel shall constitute a separate

10 competitive area from nonschool-based personnel who shall

11 not compete with school-based personnel for retention pur12 poses.

13 SEC. 147. None of the funds provided in this Act may

14 be used directly or indirectly for the renovation of the prop15 erty located at 227 7th Street Southeast (commonly known

16 as Eastern Market), except that funds provided in this Act

17 may be used for the regular maintenance and upkeep of

18 the current structure and grounds located at such property.

19 CAPITAL PROJECT EMPLOYEES

20 SEC. 148. (a) Not later than 15 days after the end of

21 every fiscal quarter (beginning October 1, 1995), the Mayor

22 shall submit to the Council of the District of Columbia, the

23 District of Columbia Financial Responsibility and Man24 agement Assistance Authority, and the Committees on Ap25 propriations of the House of Representatives and the Senate
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1 a report with respect to the employees on the capital project

2 budget for the previous quarter.

3 (b) Each report submitted pursuant to subsection (a)

4 of this section shall include the following information—

5 (1) a list of all employees by position, title,

6 grade and step;

7 (2) a job description, including the capital

8 project for which each employee is working;

9 (3) the date that each employee began working

10 on the capital project and the ending date that each

11 employee completed or is projected to complete work

12 on the capital project; and

13 (4) a detailed explanation justifying why each

14 employee is being paid with capital funds.

15 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

16 SEC. 149. The District of Columbia Government Com17 prehensive Merit Personnel Act of 1978, effective March 3,

18 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

19 is amended as follows:

20 (a) Section 2401 (D.C. Code, sec. 1–625.1) is amended

21 by amending the third sentence to read as follows: ‘‘A per22 sonnel authority may establish lesser competitive areas

23 within an agency on the basis of all or a clearly identifiable

24 segment of an agency’s mission or a division or major sub25 division of an agency.’’.
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1 (b) A new section 2406 is added to read as follows:

2 ‘‘SEC. 2406. Abolishment of positions for Fiscal Year

3 1996.

4 ‘‘(a) Notwithstanding any other provision of law, regu5 lation, or collective bargaining agreement either in effect

6 or to be negotiated while this legislation is in effect for the

7 fiscal year ending September 30, 1996, each agency head

8 is authorized, within the agency head’s discretion, to iden9 tify positions for abolishment.

10 ‘‘(b) Prior to February 1, 1996, each personnel author11 ity shall make a final determination that a position within

12 the personnel authority is to be abolished.

13 ‘‘(c) Notwithstanding any rights or procedures estab14 lished by any other provision of this title, any District gov15 ernment employee, regardless of date of hire, who encumbers

16 a position identified for abolishment shall be separated

17 without competition or assignment rights, except as pro18 vided in this section.

19 ‘‘(d) An employee affected by the abolishment of a posi20 tion pursuant to this section who, but for this section would

21 be entitled to compete for retention, shall be entitled to 1

22 round of lateral competition pursuant to Chapter 24 of the

23 District of Columbia Personnel Manual, which shall be lim24 ited to positions in the employee’s competitive level.
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1 ‘‘(e) Each employee who is a bona fide resident of the

2 District of Columbia shall have added 5 years to his or her

3 creditable service for reduction-in-force purposes. For pur4 poses of this subsection only, a nonresident District em5 ployee who was hired by the District government prior to

6 January 1, 1980, and has not had a break in service since

7 that date, or a former employee of the U.S. Department of

8 Health and Human Services at Saint Elizabeths Hospital

9 who accepted employment with the District government on

10 October 1, 1987, and has not had a break in service since

11 that date, shall be considered a District resident.

12 ‘‘(f) Each employee selected for separation pursuant to

13 this section shall be given written notice of at least 30 days

14 before the effective date of his or her separation.

15 ‘‘(g) Neither the establishment of a competitive area

16 smaller than an agency, nor the determination that a spe17 cific position is to be abolished, nor separation pursuant

18 to his section shall be subject to review except as follows—

19 ‘‘(1) an employee may file a complaint contest20 ing a determination or a separation pursuant to title

21 XV of this Act or section 303 of the Human Rights

22 Act of 1977, effective December 13, 1977 (D.C. Law

23 2–38; D.C. Code, sec. 1–2543); and

24 ‘‘(2) an employee may file with the Office of Em25 ployee Appeals an appeal contesting that the separa-
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1 tion procedures of subsections (d) and (f) of this sec2 tion were not properly applied.

3 ‘‘(h) An employee separated pursuant to this section

4 shall be entitled to severance pay in accordance with title

5 XI of this Act, except that the following shall be included

6 in computing creditable service for severance pay for em7 ployees separated pursuant to this section—

8 ‘‘(1) four years for an employee who qualified for

9 veteran’s preference under this act, and

10 ‘‘(2) three years for an employee who qualified

11 for residency preference under this Act.

12 ‘‘(i) Separation pursuant to this section shall not af13 fect an employee’s rights under either the Agency Reemploy14 ment Priority Program or the Displaced Employee Pro15 gram established pursuant to Chapter 24 of the District

16 Personnel Manual.

17 ‘‘(j) The Mayor shall submit to the Council a listing

18 of all positions to be abolished by agency and responsibility

19 center by March 1, 1996, or upon the delivery of termi20 nation notices to individual employees.

21 ‘‘(k) Notwithstanding the provisions of section 1708 or

22 section 2402(d), the provisions of this act shall not be

23 deemed negotiable.

24 ‘‘(l) A personnel authority shall cause a 30-day termi25 nation notice to be served, no later than September 1, 1996,
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1 on any incumbent employee remaining in any position

2 identified to be abolished pursuant to subsection (b) of this

3 section’’.

4 Sec. 150. (a) CEILING ON TOTAL OPERATING EX5 PENSES.—Notwithstanding any other provision of law, the

6 total amount appropriated in this Act for operating ex7 penses for the District of Columbia for fiscal year 1996

8 under the caption ‘‘Division of Expenses’’ shall not exceed

9 $4,994,000,000 of which $165,339,000 shall be from intra10 District funds.

11 (b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED

12 IN CEILING.—

13 (1) IN GENERAL.—Notwithstanding subsection

14 (a), the Mayor of the District of Columbia may ac15 cept, obligate, and expend Federal, private, and other

16 grants received by the District government that are

17 not reflected in the amounts appropriated in this Act.

18 (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER

19 REPORT AND FINANCIAL RESPONSIBILITY AND MAN20 AGEMENT ASSISTANCE AUTHORITY APPROVAL.—No

21 such Federal, private, or other grant may be accepted,

22 obligated, or expended pursuant to paragraph (1)

23 until—

24 (A) the Chief Financial Officer of the Dis25 trict submits to the District of Columbia Finan-
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1 cial Responsibility and Management Assistance

2 Authority established by Public Law 104–8 (109

3 Stat. 97) a report setting forth detailed informa4 tion regarding such grant; and

5 (B) the District of Columbia Financial Re6 sponsibility and Management Assistance Author7 ity has reviewed and approved the acceptance,

8 obligation, and expenditure of such grant in ac9 cordance with review and approval procedures

10 consistent with the provisions of Public Law

11 104–8.

12 (3) PROHIBITION ON SPENDING IN ANTICIPATION

13 OF APPROVAL OR RECEIPT.—No amount may be obli14 gated or expended from the general fund or other

15 funds of the District government in anticipation of

16 the approval or receipt of a grant under paragraph

17 (2)(B) or in anticipation of the approval or receipt

18 of a Federal, private, or other grant not subject to

19 such paragraph.

20 (4) MONTHLY REPORTS.—The Chief Financial

21 Officer of the District shall prepare a monthly report

22 setting forth detailed information regarding all Fed23 eral, private, and other grants subject to this sub24 section. Each such report shall be submitted to the

25 Council of the District of Columbia, and to the Com-
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1 mittees on Appropriations of the House of Represent2 atives and the Senate, not later than 15 days after the

3 end of the month covered by the report.

4 PLANS FOR LORTON CORRECTIONAL COMPLEX

5 SEC. 151. (a) DEVELOPMENT OF PLANS.—Not later

6 than March 15, 1996, the District of Columbia shall develop

7 a series of alternative plans meeting the requirements of

8 subsection (b) for the use and operation of the Lorton Cor9 rectional Complex (hereafter in this section referred to as

10 the ‘‘Complex’’), including—

11 (1) a plan under which the Complex will be

12 closed;

13 (2) a plan under which the Complex will remain

14 in operation under the management of the District of

15 Columbia subject to such modifications as the District

16 considers appropriate;

17 (3) a plan under which the Complex will be op18 erated under the management of the Federal govern19 ment;

20 (4) a plan under which the Complex will be op21 erated under private management; and

22 (5) such other plans as the District of Columbia

23 considers appropriate.
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1 (b) REQUIREMENTS FOR PLANS.—Each of the plans

2 developed by the District of Columbia under subsection (a)

3 shall meet the following requirements:

4 (1) The plan shall provide for an appropriate

5 transition period not to exceed 5 years in length.

6 (2) The plan shall include provisions specifying

7 how and to what extent the District will utilize alter8 native management, including the private sector, for

9 the operation of correctional facilities for the District,

10 and shall include provisions describing the treatment

11 under such alternative management (including under

12 contracts) of site selection, design, financing, con13 struction, and operation of correctional facilities for

14 the District.

15 (3) The plan shall include a description of any

16 legislation required to implenent the plan.

17 (4) The plan shall include an implementation

18 schedule, together with specific performance measures

19 and timelines to determine the extent to which the

20 District is meeting the schedule during the transition

21 period.

22 (5) Under the plan, the Mayor of the District of

23 Columbia shall submit a semi-annual report to the

24 President, Congress, and the District of Columbia Fi25 nancial Responsibility and Management Assistance
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1 Authority describing the actions taken by the District

2 under the plan, and in addition shall regularly report

3 to the President, Congress, and the District of Colum4 bia Financial Responsibility and Management Assist5 ance Authority on all significant measures taken

6 under the plan as soon as such measures are taken.

7 (6) For each of the years during which the plan

8 is in effect, the plan shall be consistent with the fi9 nancial plan and budget for the District of Columbia

10 for the year under subtitle A of title II of the District

11 of Columbia Financial Responsibility and Manage12 ment Assistance Act of 1995.

13 (c) SUBMISSION OF PLAN.—Upon completing the de14 velopment of the plans under subsection (a), the District

15 of Columbia shall submit the plans to the President, Con16 gress, and the District of Columbia Financial Responsibil17 ity and Management Assistance Authority.

18 PROHIBITION AGAINST ADOPTION BY UNMARRIED

19 COUPLES

20 SEC. 152. (a) IN GENERAL.—Section 16–302, D.C.

21 Code, is amended—

22 (1) by striking ‘‘Any person’’ and inserting ‘‘(a)

23 Subject to subsection (b), any person’’; and

24 (2) by adding at the end the following subsection:
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1 ‘‘(b)(1) Except as provided in paragraph (2), no per2 son may join in a petition under this section unless the

3 person is the spouse of the petitioner.

4 ‘‘(2) An unmarried person may file a petition for

5 adoption where no other person joins in the petition or

6 where the co-petitioner is the natural parent of the child.’’.

7 TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY

8 AND MANAGEMENT ASSISTANCE ACT

9 SEC. 153. (a) REQUIRING GSA TO PROVIDE SUPPORT

10 SERVICES.—Section 103(f) of the District of Columbia Fi11 nancial Responsibility and Management Assistance Act of

12 1995 is amended by striking ‘‘may provide’’ and inserting

13 ‘‘shall promptly provide’’.

14 (b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS

15 FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU16 THORITY.—

17 (1) FORMER FEDERAL EMPLOYEES.—Subsection

18 (e) of section 102 of such Act is amended to read as

19 follows:

20 ‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN

21 OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME

22 EMPLOYED BY THE AUTHORITY.—

23 ‘‘(1) IN GENERAL.—Any Federal employee who

24 becomes employed by the Authority—
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1 ‘‘(A) may elect, for the purposes set forth in

2 paragraph (2)(A), to be treated, for so long as

3 that individual remains continuously employed

4 by the Authority, as if such individual had not

5 separated from service with the Federal Govern6 ment, subject to paragraph (3); and

7 ‘‘(B) shall, if such employee subsequently be8 comes reemployed by the Federal Government, be

9 entitled to have such individual’s service with the

10 Authority treated, for purposes of determining

11 the appropriate leave accrual rate, as if it had

12 been service with the Federal Government.

13 ‘‘(2) EFFECT OF AN ELECTION.—An election

14 made by an individual under the provisions of para15 graph (1)(A)—

16 ‘‘(A) shall qualify such individual for the

17 treatment describe in such provisions for pur18 poses of—

19 ‘‘(i) chapter 83 or 84 of title 5, United

20 States Code, as appropriate (relating to re21 tirement), including the Thrift Savings

22 Plan;

23 ‘‘(ii) chapter 87 of such title (relating

24 to life insurance); and
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1 ‘‘(iii) chapter 89 of such title (relating

2 to health insurance); and

3 ‘‘(B) shall disqualify such individual, while

4 such election remains in effect, from participat5 ing in the programs offered by the government of

6 the District of Columbia (if any) corresponding

7 to the respective programs referred to in sub8 paragraph (A).

9 ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF10 FECTIVE.—An election made by an individual under

11 paragraph (1)(A) shall be ineffective unless—

12 ‘‘(A) it is made before such individual sepa13 rates from service with the Federal Government;

14 and

15 ‘‘(B) such individual’s service with the Au16 thority commences within 3 days after so sepa17 rating (not counting any holiday observed by the

18 government of the District of Columbia).

19 ‘‘(4) CONTRIBUTIONS.—If an individual makes

20 an election under paragraph (1)(A), the Authority

21 shall, in accordance with applicable provisions of law

22 referred to in paragraph (2)(A), be responsible for

23 making the same deductions from pay and the same

24 agency contributions as would be required if it were

25 a Federal agency.
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1 ‘‘(5) REGULATIONS.—Any regulations necessary

2 to carry out this subsection shall be prescribed in con3 sultation with the Authority by—

4 ‘‘(A) the Office of Personnel Management, to

5 the extent that any program administered by the

6 office is involved;

7 ‘‘(B) the appropriate office or agency of the

8 government of the District of Columbia, to the

9 extent that any program administered by such

10 office or agency is involved; and

11 ‘‘(C) the Executive Director referred to in

12 section 8474 of title 5, United States Code, to the

13 extent that the Thrift Savings Plan is involved.’’.

14 (2) OTHER INDIVIDUALS.—Section 102 of such

15 Act is further amended by adding at the end the fol16 lowing:

17 ‘‘(f) FEDERAL BENEFITS FOR OTHERS.—

18 ‘‘(1) IN GENERAL.—The Office of Personnel Man19 agement, in conjunction with each corresponding of20 fice or agency of the government of the District of Co21 lumbia and in consultation with the Authority, shall

22 prescribe regulations under which any individual who

23 becomes employed by the Authority (under cir24 cumstances other than as described in subsection (e))

25 may elect either—
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1 (A) to be deemed a Federal employee for

2 purposes of the programs referred to in sub3 section (e)(2)(A) (i)–(iii); or

4 ‘‘(B) to participate in 1 or more of the cor5 responding programs offered by the government

6 of the District of Columbia.

7 ‘‘(2) EFFECT OF AN ELECTION.—An individual

8 who elects the option under subparagraph (A) or (B)

9 of paragraph (1) shall be disqualified, while such elec10 tion remains in effect, from participating in any of

11 the programs referred to in the other such subpara12 graph.

13 ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE OR

14 AGENCY’.—For purposes of paragraph (1), the term

15 ‘corresponding office or agency of the government of

16 the District of Columbia’ means, with respect to any

17 program administered by the Office of Personnel

18 Management, the office or agency responsible for ad19 ministering the corresponding program (if any) of20 fered by the government of the District of Columbia.

21 ‘‘(4) THRIFT SAVINGS PLAN.—To the extent that

22 the Thrift Savings Plan is involved, the preceding

23 provisions of this subsection shall be applied by sub24 stituting ‘the Executive Director referred to in section
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1 8474 of title 5, United States Code’ for ‘the Office of

2 Personnel Management’.’’.

3 (3) ‘‘Effective date; additional election for former

4 federal employees serving on date of enactment; elec5 tion for employees appointed during interim pe6 riod.—

7 (A) EFFECTIVE DATE.—Not later than 6

8 months after the date of enactment of this Act,

9 there shall be prescribed in consultation with the

10 Authority (and take effect)—

11 (i) regulations to carry out the amend12 ments made by this subsection; and

13 (ii) any other regulations necessary to

14 carry out this subsection.

15 (B) Additional election for former federal

16 employees serving on date of enactment.—

17 (i) IN GENERAL.—Any former Federal

18 employee employed by the Authority on the

19 effective date of the regulations referred to

20 in subparagraph (A)(i) may, within such

21 period as may be provided for under those

22 regulations, make an election similar, to the

23 maximum extent practicable, to the election

24 provided for under section 102(e) of the Dis25 trict of Columbia Financial Responsibility
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1 and Management Assistance Act of 1995, as

2 amended by this subsection. Such regula3 tions shall be prescribed jointly by the Of4 fice of Personnel Management and each cor5 responding office or agency of the govern6 ment of the District of Columbia (in the

7 same manner as provided for in section

8 102(f) of such Act, as so amended).

9 (ii) EXCEPTION.—An election under

10 this subparagraph may not be made by any

11 individual who—

12 (I) is not then participating in a

13 retirement system for Federal employ14 ees (disregarding Social Security); or

15 (II) is then participating in any

16 program of the government of the Dis17 trict of Columbia referred to in section

18 102(e)(2)(B) of such Act (as so amend19 ed).

20 (C) ELECTION FOR EMPLOYEES APPOINTED

21 DURING INTERIM PERIOD.—

22 (i) FROM THE FEDERAL GOVERN23 MENT.—Subsection (e) of section 102 of the

24 District of Columbia Financial Responsibil25 ity and Management Assistance Act of 1995
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1 (as last in effect before the date of enact2 ment of this Act) shall be deemed to have re3 mained in effect for purposes of any Federal

4 employee who becomes employed by the Dis5 trict of Columbia Financial Responsibility

6 and Management Assistance Authority dur7 ing the period beginning on such date of en8 actment and ending on the day before the

9 effective date of the regulations prescribed to

10 carry out subparagraph (B).

11 (ii) OTHER INDIVIDUALS.—The regula12 tions prescribed to carry out subsection (f)

13 of section 102 of the District of Columbia

14 Financial Responsibility and Management

15 Assistance Act of 1995 (as amended by this

16 subsection) shall include provisions under

17 which an election under such subsection

18 shall be available to any individual who—

19 (I) becomes employed by the Dis20 trict of Columbia Financial Respon21 sibility and Management Assistance

22 Authority during the period beginning

23 on the date of enactment of this Act

24 and ending on the day before the effec25 tive date of such regulations;
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1 (II) would have been eligible to

2 make an election under such regula3 tions had those regulations been in ef4 fect when such individual became so

5 employed; and

6 (III) is not then participating in

7 any program of the government of the

8 District of Columbia referred to in sub9 section (f)(1)(B) of such section 102 (as

10 so amended).

11 (c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR AU12 THORITY EMPLOYEES.—Section 104 of such Act is amend13 ed—

14 (1) by striking ‘‘the Authority and its members’’

15 and inserting ‘‘the Authority, its members, and its

16 employees’’; and

17 (2) by striking ‘‘the District of Columbia’’ and

18 inserting ‘‘the Authority or its members or employees

19 or the District of Columbia’’.

20 (d) PERMITTING REVIEW OF EMERGENCY LEGISLA21 TION.—Section 203(a)(3) of such Act is amended by strik22 ing subparagraph (C).
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1 ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE

2 PLAINS ACTIVITIES

3 SEC. 154. (a) OPERATION AND MAINTENANCE AC4 COUNT.—

5 (1) CONTENTS OF ACCOUNT.—There is hereby es6 tablished within the Water and Sewer Enterprise

7 Fund the Operation and Maintenance Account, con8 sisting of all fund paid to the District of Columbia

9 on or after the date of the enactment of this Act which

10 are—

11 (A) attributable to waste water treatment

12 user charges;

13 (B) paid by users jurisdictions for the oper14 ation and maintenance of the Blue Plains

15 Wastewater Treatment Facility and related

16 waste water treatment works; or

17 (C) appropriated or otherwise provided for

18 the operation and maintenance of the Blue

19 Plains Wastewater Treatment Facility and relat20 ed waste water treatment works.

21 (2) USE OF FUNDS IN ACCOUNT.—Funds in the

22 Operation and Maintenance Account shall be used

23 solely for funding the operation and maintenance of

24 the Blue Plains Wastewater Treatment Facility and

25 related waste water treatment works and may not be
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1 obligated or expended for any other purpose, and may

2 be used for related debt service and capital costs if

3 such funds are not attributable to user charges as4 sessed for purposes of section 204(b)(1) of the Federal

5 Water Pollution Control Act.

6 (b) EPA GRANT ACCOUNT.—

7 (1) CONTENTS OF ACCOUNT.—There is hereby es8 tablished within the Water and Sewer Enterprise

9 Fund and EPA Grant Account, consisting of all

10 funds paid to the District of Columbia on or after the

11 date of the enactment of this Act which are—

12 (A) attributable to grants from the Environ13 mental Protection Agency for construction at the

14 Blue Plains Wastewater Treatment Facility and

15 related waste water treatment works; or

16 (B) appropriated or otherwise provided for

17 construction at the Blue Plains Wastewater

18 Treatment Facility and related waste water

19 treatment works.

20 (2) USE OF FUNDS IN ACCOUNT.—Funds in the

21 EPA Grant Account shall be used solely for the pur22 poses specified under the terms of the grants and ap23 propriations involved, and may not be obligated or

24 expended for any other purpose.
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1 SEC. 155. (a) Up to 50 police officers and up to 50

2 Fire and Emergency Medical Services members who were

3 hired before February 14, 1980, and who retire on disability

4 before the end of calendar year 1996 shall be excluded from

5 the computation of the rate of disability retirements under

6 subsection 145(a) of the District of Columbia Retirement

7 Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–

8 725(a)), for purposes of reducing the authorized Federal

9 payment to the District of Columbia Police Offices and Fire

10 Fighters’ Retirement Fund pursuant to subsection 145(c)

11 of the District of Columbia Retirement Reform Act of 1979.

12 (b) The Mayor, within 30 days after the enactment of

13 this provision, shall engage an enrolled actuary, to be paid

14 by the District of Columbia Retirement Board, and shall

15 comply with the requirements of section 142(d) and section

16 144(d) of the District of Columbia Retirement Reform Act

17 of 1979 (Public Law 96–122, approved November 17, 1979;

18 D.C. Code, secs. 1–722(d) and 1–724(d)).

19 This title may be cited as the ‘‘District of Columbia

20 Appropriations Act, 1996’’.

21 TITLE II—DISTRICT OF COLUMBIA SCHOOL

22 REFORM

23 SEC. 2001. SHORT TITLE.

24 This title may be cited as the ‘‘District of Columbia

25 School Reform Act of 1995’’.
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1 SEC. 2002. DEFINITIONS.

2 Except as otherwise provided, for purposes of this title:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means—

6 (A) the Committee on Appropriations of the

7 House of Representatives and the Committee on

8 Appropriations of the Senate;

9 (B) the Committee on Economic and Edu10 cational Opportunities of the House of Rep11 resentatives and the Committee on Labor and

12 Human Resources of the Senate; and

13 (C) the Committee on Government Reform

14 and Oversight of the House of Representatives

15 and the Committee on Governmental Affairs of

16 the Senate.

17 (2) AUTHORITY.—The term ‘‘Authority’’ means

18 the District of Columbia Financial Responsibility

19 and Management Assistance Authority established

20 under section 101(a) of the District of Columbia Fi21 nancial Responsibility and Management Assistance

22 Act of 1995 (Public Law 104–8).

23 (3) AVERAGE DAILY ATTENDANCE.—The term

24 ‘‘average daily attendance’’ means the aggregate at25 tendance of students of the school during the period
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1 divided by the number of days during the period in

2 which—

3 (A) the school is in session; and

4 (B) the students of the school are under the

5 guidance and direction of teachers.

6 (4) AVERAGE DAILY MEMBERSHIP.—The term

7 ‘‘average daily membership’’ means the aggregate en8 rollment of students of the school during the period

9 divided by the number of days during the period in

10 which—

11 (A) the school is in session; and

12 (B) the students of the school are under the

13 guidance and direction of teachers.

14 (5) BOARD OF EDUCATION.—The term ‘‘Board of

15 Education’’ means the Board of Education of the Dis16 trict of Columbia.

17 (6) BOARD OF TRUSTEES.—The term ‘‘Board of

18 Trustees’’ means the governing board of a public char19 ter school, the members of which are selected pursuant

20 to the charter granted to the school and in a manner

21 consistent with this title.

22 (7) CONSENSUS COMMISSION.—The term ‘‘Con23 sensus Commission’’ means the Commission on Con24 sensus Reform in the District of Columbia public

25 schools established under subtitle L.
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1 (8) CORE CURRICULUM.—The term ‘‘core cur2 riculum’’ means the concepts, factual knowledge, and

3 skills that students in the District of Columbia should

4 learn in kindergarten through grade 12 in academic

5 content areas, including, at a minimum, English,

6 mathematics, science, and history.

7 (9) DISTRICT OF COLUMBIA COUNCIL.—The term

8 ‘‘District of Columbia Council’’ means the Council of

9 the District of Columbia established pursuant to sec10 tion 401 of the District of Columbia Self-Government

11 and Governmental Reorganization Act (D.C. Code,

12 sec. 1–221).

13 (10) DISTRICT OF COLUMBIA GOVERNMENT.—

14 (A) IN GENERAL.—The term ‘‘District of

15 Columbia Government’’ means the government of

16 the District of Columbia, including—

17 (i) any department, agency, or instru18 mentality of the government of the District

19 of Columbia;

20 (ii) any independent agency of the

21 District of Columbia established under part

22 F of title IV of the District of Columbia

23 Self-Government and Governmental Reorga24 nization Act;
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1 (iii) any other agency, board, or com2 mission established by the Mayor or the

3 District of Columbia Council;

4 (iv) the courts of the District of Colum5 bia;

6 (v) the District of Columbia Council;

7 and

8 (vi) any other agency, public author9 ity, or public nonprofit corporation that has

10 the authority to receive moneys directly or

11 indirectly from the District of Columbia

12 (other than moneys received from the sale of

13 goods, the provision of services, or the loan14 ing of funds to the District of Columbia).

15 (B) EXCEPTION.—The term ‘‘District of Co16 lumbia Government’’ neither includes the Au17 thority nor a public charter school.

18 (11) DISTRICT OF COLUMBIA GOVERNMENT RE19 TIREMENT SYSTEM.—The term ‘‘District of Columbia

20 Government retirement system’’ means the retirement

21 programs authorized by the District of Columbia

22 Council or the Congress for employees of the District

23 of Columbia Government.

24 (12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—
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1 (A) IN GENERAL.—The term ‘‘District of

2 Columbia public school’’ means a public school

3 in the District of Columbia that offers classes—

4 (i) at any of the grade levels from pre5 kindergarten through grade 12; or

6 (ii) leading to a secondary school di7 ploma, or its recognized equivalent.

8 (B) EXCEPTION.—The term ‘‘District of Co9 lumbia public school’’ does not include a public

10 charter school.

11 (13) DISTRICTWIDE ASSESSMENTS.—The term

12 ‘‘districtwide assessments’’ means a variety of assess13 ment tools and strategies (including individual stu14 dent assessments under subparagraph (E)(ii)) admin15 istered by the Superintendent to students enrolled in

16 District of Columbia public schools and public charter

17 schools that—

18 (A) are aligned with the District of Colum19 bia’s content standards and core curriculum;

20 (B) provide coherent information about stu21 dent attainment of such standards;

22 (C) are used for purposes for which such as23 sessments are valid, reliable, and unbiased, and

24 are consistent with relevant nationally recog-
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1 nized professional and technical standards for

2 such assessments;

3 (D) involve multiple up-to-date measures of

4 student performance, including measures that as5 sess higher order thinking skills and understand6 ing; and

7 (E) provide for—

8 (i) the participation in such assess9 ments of all students;

10 (ii) individual student assessments for

11 students that fail to reach minimum accept12 able levels of performance;

13 (iii) the reasonable adaptations and

14 accommodations for students with special

15 needs (as defined in paragraph (32)) nec16 essary to measure the achievement of such

17 students relative to the District of Colum18 bia’s content standards; and

19 (iv) the inclusion of limited-English

20 proficient students, who shall be assessed, to

21 the extent practicable, in the language and

22 form most likely to yield accurate and reli23 able information regarding such students’

24 knowledge and abilities.
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1 (14) ELECTRONIC DATA TRANSFER SYSTEM.—

2 The term ‘‘electronic data transfer system’’ means a

3 computer-based process for the maintenance and

4 transfer of student records designed to permit the

5 transfer of individual student records among District

6 of Columbia public schools and public charter schools.

7 (15) ELEMENTARY SCHOOL.—The term ‘‘elemen8 tary school’’ means an institutional day or residen9 tial school that provides elementary education, as de10 termined under District of Columbia law.

11 (16) ELIGIBLE APPLICANT.—The term ‘‘eligible

12 applicant’’ means a person, including a private, pub13 lic, or quasi-public entity, or an institution of higher

14 education (as defined in section 1201(a) of the Higher

15 Education Act of 1965 (20 U.S.C. 1141(a))), that

16 seeks to establish a public charter school in the Dis17 trict of Columbia.

18 (17) ELIGIBLE CHARTERING AUTHORITY.—The

19 term ‘‘eligible chartering authority’’ means any of the

20 following:

21 (A) The Board of Education.

22 (B) The Public Charter School Board.

23 (C) Any one entity designated as an eligible

24 chartering authority by enactment of a bill by
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1 the District of Columbia Council after the date

2 of the enactment of this Act.

3 (18) FAMILY RESOURCE CENTER.—The term

4 ‘‘family resource center’’ means an information

5 desk—

6 (A) located in a District of Columbia public

7 school or a public charter school serving a major8 ity of students whose family income is not great9 er than 185 percent of the income official poverty

10 line (as defined by the Office of Management and

11 Budget, and revised annually in accordance with

12 section 673(2) of the Community Services Block

13 Grant Act applicable to a family of the size in14 volved (42 U.S.C. 9902(3))); and

15 (B) which links students and families to

16 local resources and public and private entities

17 involved in child care, adult education, health

18 and social services, tutoring, mentoring, and job

19 training.

20 (19) INDIVIDUAL CAREER PATH.—The term ‘‘in21 dividual career path’’ means a program of study that

22 provides a secondary school student the skills nec23 essary to compete in the 21st century workforce.

24 (20) LITERACY.—The term ‘‘literacy’’ means—
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1 (A) in the case of a minor student, such stu2 dent’s ability to read, write, and speak in Eng3 lish, and compute and solve problems at levels of

4 proficiency necessary to function in society, to

5 achieve such student’s goals, and develop such

6 student’s knowledge and potential; and

7 (B) in the case of an adult, such adult’s

8 ability to read, write, and speak in English, and

9 compute and solve problems at levels of pro10 ficiency necessary to function on the job and in

11 society, to achieve such adult’s goals, and develop

12 such adult’s knowledge and potential.

13 (21) LONG-TERM REFORM PLAN.—The term

14 ‘‘long-term reform plan’’ means the plan submitted by

15 the Superintendent under section 2101.

16 (22) MAYOR.—The term ‘‘Mayor’’ means the

17 Mayor of the District of Columbia.

18 (23) METROBUS AND METRORAIL TRANSIT SYS19 TEM.—The term ‘‘Metrobus and Metrorail Transit

20 System’’ means the bus and rail systems administered

21 by the Washington Metropolitan Area Transit Au22 thority.

23 (24) MINOR STUDENT.—The term ‘‘minor stu24 dent’’ means an individual who—
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1 (A) is enrolled in a District of Columbia

2 public school or a public charter school; and

3 (B) is not beyond the age of compulsory

4 school attendance, as prescribed in section 1 of

5 article I, and section 1 of article II, of the Act

6 of February 4, 1925 (sections 31–401 and 31–

7 402, D.C. Code).

8 (25) NONRESIDENT STUDENT.—The term ‘‘non9 resident student’’ means—

10 (A) an individual under the age of 18 who

11 is enrolled in a District of Columbia public

12 school or a public charter school, and does not

13 have a parent residing in the District of Colum14 bia; or

15 (B) an individual who is age 18 or older

16 and is enrolled in a District of Columbia public

17 school or public charter school, and does not re18 side in the District of Columbia.

19 (26) PARENT.—The term ‘‘parent’’ means a per20 son who has custody of a child, and who—

21 (A) is a natural parent of the child;

22 (B) is a stepparent of the child;

23 (C) has adopted the child; or

24 (D) is appointed as a guardian for the child

25 by a court of competent jurisdiction.
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1 (27) PETITION.—The term ‘‘petition’’ means a

2 written application.

3 (28) PROMOTION GATE.—The term ‘‘promotion

4 gate’’ means the criteria, developed by the Super5 intendent and approved by the Board of Education,

6 that are used to determine student promotion at dif7 ferent grade levels. Such criteria shall include student

8 achievement on districtwide assessments established

9 under subtitle D.

10 (29) PUBLIC CHARTER SCHOOL.—The term

11 ‘‘public charter school’’ means a publicly funded

12 school in the District of Columbia that—

13 (A) is established pursuant to subtitle B;

14 and

15 (B) except as provided under sections

16 2212(d)(5) and 2213(c)(5) is not a part of the

17 District of Columbia public schools.

18 (30) PUBLIC CHARTER SCHOOL BOARD.—The

19 term ‘‘Public Charter School Board’’ means the Pub20 lic Charter School Board established under section

21 2214.

22 (31) SECONDARY SCHOOL.—The term ‘‘secondary

23 school’’ means an institutional day or residential

24 school that provides secondary education, as deter-
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1 mined by District of Columbia law, except that such

2 term does not include any education beyond grade 12.

3 (32) STUDENT WITH SPECIAL NEEDS.—The term

4 ‘‘student with special needs’’ means a student who is

5 a child with a disability as provided in section

6 602(a)(1) of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1401(a)(1)) or a student who

8 is an individual with a disability as provided in sec9 tion 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.

10 706(8)).

11 (33) SUPERINTENDENT.—The term ‘‘Super12 intendent’’ means the Superintendent of the District

13 of Columbia public schools.

14 (34) TEACHER.—The term ‘‘teacher’’ means any

15 person employed as a teacher by the Board of Edu16 cation or by a public charter school.

17 SEC. 2003. GENERAL EFFECTIVE DATE.

18 Except as otherwise provided in this title, this title

19 shall be effective during the period beginning on the date

20 of enactment of this Act and ending 5 years after such date.

21 Subtitle A—District of Columbia

22 Reform Plan

23 SEC. 2101. LONG-TERM REFORM PLAN.

24 (a) IN GENERAL.—
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1 (1) PLAN.—The Superintendent, with the ap2 proval of the Board of Education, shall submit to the

3 Mayor, the District of Columbia Council, the Author4 ity, the Consensus Commission, and the appropriate

5 congressional committees, a long-term reform plan,

6 not later than 90 days after the date of enactment of

7 this Act, and each February 15 thereafter. The long8 term reform plan shall be consistent with the finan9 cial plan and budget for the District of Columbia for

10 fiscal year 1996, and each financial plan and budget

11 for a subsequent fiscal year, as the case may be, re12 quired under section 201 of the District of Columbia

13 Financial Responsibility and Management Assistance

14 Act of 1995.

15 (2) CONSULTATION.—

16 (A) IN GENERAL.—In developing the long17 term reform plan, the Superintendent—

18 (i) shall consult with the Board of

19 Education, the Mayor, the District of Co20 lumbia Council, the Authority, and the

21 Consensus Commission; and

22 (ii) shall afford the public, interested

23 organizations, and groups an opportunity

24 to present their views and make rec-
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1 ommendations regarding the long-term re2 form plan.

3 (B) SUMMARY OF RECOMMENDATIONS.—The

4 Superintendent shall include in the long-term

5 plan a summary of the recommendations made

6 under subparagraph (A)(ii) and the response of

7 the Superintendent to the recommendations.

8 (b) CONTENTS.—

9 (1) AREAS TO BE ADDRESSED.—The long-term

10 reform plan shall describe how the District of Colum11 bia public schools will become a world-class education

12 system that prepares students for lifetime learning in

13 the 21st century and which is on a par with the best

14 education systems of other cities, States, and nations.

15 The long-term reform plan shall include a description

16 of how the District of Columbia public schools will ac17 complish the following:

18 (A) Achievement at nationally and inter19 nationally competitive levels by students attend20 ing District of Columbia public schools.

21 (B) The preparation of students for the

22 workforce, including—

23 (i) providing special emphasis for stu24 dents planning to obtain a postsecondary

25 education; and
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1 (ii) the development of individual ca2 reer paths.

3 (C) The improvement of the health and safe4 ty of students in District of Columbia public

5 schools.

6 (D) Local school governance, decentraliza7 tion, autonomy, and parental choice among Dis8 trict of Columbia public schools.

9 (E) The implementation of a comprehensive

10 and effective adult education and literacy pro11 gram.

12 (F) The identification, beginning in grade

13 3, of each student who does not meet minimum

14 standards of academic achievement in reading,

15 writing, and mathematics in order to ensure that

16 such student meets such standards prior to grade

17 promotion.

18 (G) The achievement of literacy, and the

19 possession of the knowledge and skills necessary

20 to think critically, communicate effectively, and

21 perform competently on districtwide assessments,

22 by students attending District of Columbia pub23 lic schools prior to such student’s completion of

24 grade 8.
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1 (H) The establishment of after-school pro2 grams that promote self-confidence, self-dis3 cipline, self-respect, good citizenship, and respect

4 for leaders, through such activities as arts class5 es, physical fitness programs, and community

6 service.

7 (I) Steps necessary to establish an electronic

8 data transfer system.

9 (J) Encourage parental involvement in all

10 school activities, particularly parent teacher con11 ferences.

12 (K) Development and implementation,

13 through the Board of Education and the Super14 intendent, of a uniform dress code for the Dis15 trict of Columbia public schools, that—

16 (i) shall include a prohibition of gang

17 membership symbols;

18 (ii) shall take into account the relative

19 costs of any such code for each student; and

20 (iii) may include a requirement that

21 students wear uniforms.

22 (L) The establishment of classes, beginning

23 not later than grade 3, to teach students how to

24 use computers effectively.
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1 (M) The development of community schools

2 that enable District of Columbia public schools to

3 collaborate with other public and nonprofit agen4 cies and organizations, local businesses, rec5 reational, cultural, and other community and

6 human service entities, for the purpose of meet7 ing the needs and expanding the opportunities

8 available to residents of the communities served

9 by such schools.

10 (N) The establishment of programs which

11 provide counseling, mentoring (especially peer

12 mentoring), academic support, outreach, and

13 supportive services to elementary, middle, and

14 secondary school students who are at risk of

15 dropping out of school.

16 (O) The establishment of a comprehensive

17 remedial education program to assist students

18 who do not meet basic literacy standards, or the

19 criteria of promotion gates established in section

20 2421.

21 (P) The establishment of leadership develop22 ment projects for middle school principals, which

23 projects shall increase student learning and

24 achievement and strengthen such principals as

25 instructional school leaders.
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1 (Q) The implementation of a policy for per2 formance-based evaluation of principals and

3 teachers, after consultation with the Super4 intendent and unions (including unions that

5 represent teachers and unions that represent

6 principals).

7 (R) The implementation of policies that re8 quire competitive appointments for all District

9 of Columbia public school positions.

10 (S) The implementation of policies regard11 ing alternative teacher certification require12 ments.

13 (T) The implementation of testing require14 ments for teacher licensing renewal.

15 (U) A review of the District of Columbia

16 public school central office budget and staffing

17 reductions for each fiscal year compared to the

18 level of such budget and reductions at the end of

19 fiscal year 1995.

20 (V) The implementation of the discipline

21 policy for the District of Columbia public schools

22 in order to ensure a safe, disciplined environ23 ment conducive to learning.
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1 (2) OTHER INFORMATION.—For each of the items

2 described in subparagraphs (A) through (V) of para3 graph (1), the long-term reform plan shall include—

4 (A) a statement of measurable, objective per5 formance goals;

6 (B) a description of the measures of per7 formance to be used in determining whether the

8 Superintendent and Board of Education have

9 met the goals;

10 (C) dates by which the goals shall be met;

11 (D) plans for monitoring and reporting

12 progress to District of Columbia residents, the

13 Mayor, the District of Columbia Council, the Au14 thority, the Consensus Commission, and the ap15 propriate congressional committees regarding the

16 carrying out of the long-term reform plan; and

17 (E) the title of the management employee of

18 the District of Columbia public schools most di19 rectly responsible for the achievement of each

20 goal and, with respect to each such employee, the

21 title of the employee’s immediate supervisor or

22 superior.

23 (c) AMENDMENTS.—The Superintendent, with the ap24 proval of the Board of Education, shall submit any amend25 ment to the long-term reform plan to the Mayor, the District
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1 of Columbia Council, the Authority, the Consensus Commis2 sion, and the appropriate congressional committees. Any

3 amendment to the long-term reform plan shall be consistent

4 with the financial plan and budget for fiscal year 1996,

5 and each financial plan and budget for a subsequent fiscal

6 year, as the case may be, for the District of Columbia re7 quired under section 201 of the District of Columbia Finan8 cial Responsibility and Management Assistance Act of

9 1995.

10 Subtitle B—Public Charter Schools

11 SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

12 (a) EXISTING PUBLIC SCHOOL.—An eligible applicant

13 seeking to convert a District of Columbia public school into

14 a public charter school—

15 (1) shall prepare a petition to establish a public

16 charter school that meets the requirements of section

17 2202;

18 (2) shall provide a copy of the petition to—

19 (A) the parents of minor students attending

20 the existing school;

21 (B) adult students attending the existing

22 school; and

23 (C) employees of the existing school; and

24 (3) shall file the petition with an eligible char25 tering authority for approval after the petition—
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1 (A) is signed by two-thirds of the sum of—

2 (i) the total number of parents of

3 minor students attending the school; and

4 (ii) the total number of adult students

5 attending the school; and

6 (B) is endorsed by at least two-thirds of

7 full-time teachers employed in the school.

8 (b) PRIVATE OR INDEPENDENT SCHOOL.—An eligible

9 applicant seeking to convert an existing private or inde10 pendent school in the District of Columbia into a public

11 charter school—

12 (1) shall prepare a petition to establish a public

13 charter school that is approved by the Board of Trust14 ees or authority responsible for the school and that

15 meets the requirements of section 2202;

16 (2) shall provide a copy of the petition to—

17 (A) the parents of minor students attending

18 the existing school;

19 (B) adult students attending the existing

20 school; and

21 (C) employees of the existing school; and

22 (3) shall file the petition with an eligible char23 tering authority for approval after the petition—

24 (A) is signed by two-thirds of the sum of—
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1 (i) the total number of parents of

2 minor students attending the school; and

3 (ii) the total number of adult students

4 attending the school; and

5 (B) is endorsed by at least two-thirds of

6 full-time teachers employed in the school.

7 (c) NEW SCHOOL.—An eligible applicant seeking to es8 tablish in the District of Columbia a public charter school,

9 but not seeking to convert a District of Columbia public

10 school or a private or independent school into a public char11 ter school, shall file with an eligible chartering authority

12 for approval a petition to establish a public charter school

13 that meets the requirements of section 2202.

14 SEC. 2202. CONTENTS OF PETITION.

15 A petition under section 2201 to establish a public

16 charter school shall include the following:

17 (1) A statement defining the mission and goals

18 of the proposed school and the manner in which the

19 school will meet the content standards, and conduct

20 the districtwide assessments, described in section

21 2411(b).

22 (2) A statement of the need for the proposed

23 school in the geographic area of the school site.
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1 (3) A description of the proposed instructional

2 goals and methods for the proposed school, which shall

3 include, at a minimum—

4 (A) the area of focus of the proposed school,

5 such as mathematics, science, or the arts, if the

6 school will have such a focus;

7 (B) the methods that will be used, including

8 classroom technology, to provide students with

9 the knowledge, proficiency, and skills needed—

10 (i) to become nationally and inter11 nationally competitive students and edu12 cated individuals in the 21st century; and

13 (ii) to perform competitively on any

14 districtwide assessments; and

15 (C) the methods that will be used to improve

16 student self-motivation, classroom instruction,

17 and learning for all students.

18 (4) A description of the scope and size of the pro19 posed school’s program that will enable students to

20 successfully achieve the goals established by the school,

21 including the grade levels to be served by the school

22 and the projected and maximum enrollment of each

23 grade level.

24 (5) A description of the plan for evaluating stu25 dent academic achievement at the proposed school and
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1 the procedures for remedial action that will be used

2 by the school when the academic achievement of a stu3 dent falls below the expectations of the school.

4 (6) An operating budget for the first 2 years of

5 the proposed school that is based on anticipated en6 rollment and contains—

7 (A) a description of the method for conduct8 ing annual audits of the financial, administra9 tive, and programmatic operations of the school;

10 (B) either—

11 (i) an identification of the site where

12 the school will be located, including a de13 scription of any buildings on the site and

14 any buildings proposed to be constructed on

15 the site; or

16 (ii) a timetable by which such an iden17 tification will be made;

18 (C) a description of any major contracts

19 planned, with a value equal to or exceeding

20 $10,000, for equipment and services, leases, im21 provements, purchases of real property, or insur22 ance; and

23 (D) a timetable for commencing operations

24 as a public charter school.
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1 (7) A description of the proposed rules and poli2 cies for governance and operation of the proposed

3 school.

4 (8) Copies of the proposed articles of incorpora5 tion and bylaws of the proposed school.

6 (9) The names and addresses of the members of

7 the proposed Board of Trustees and the procedures for

8 selecting trustees.

9 (10) A description of the student enrollment, ad10 mission, suspension, expulsion, and other disciplinary

11 policies and procedures of the proposed school, and

12 the criteria for making decisions in such areas.

13 (11) A description of the procedures the proposed

14 school plans to follow to ensure the health and safety

15 of students, employees, and guests of the school and to

16 comply with applicable health and safety laws, and

17 all applicable civil rights statutes and regulations of

18 the Federal Government and the District of Columbia.

19 (12) An explanation of the qualifications that

20 will be required of employees of the proposed school.

21 (13) An identification, and a description, of the

22 individuals and entities submitting the petition, in23 cluding their names and addresses, and the names of

24 the organizations or corporations of which such indi25 viduals are directors or officers.
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1 (14) A description of how parents, teachers, and

2 other members of the community have been involved

3 in the design and will continue to be involved in the

4 implementation of the proposed school.

5 (15) A description of how parents and teachers

6 will be provided an orientation and other training to

7 ensure their effective participation in the operation of

8 the public charter school.

9 (16) An assurance the proposed school will seek,

10 obtain, and maintain accreditation from at least one

11 of the following:

12 (A) The Middle States Association of Col13 leges and Schools.

14 (B) The Association of Independent Mary15 land Schools.

16 (C) The Southern Association of Colleges

17 and Schools.

18 (D) The Virginia Association of Independ19 ent Schools.

20 (E) American Montessori Internationale.

21 (F) The American Montessori Society.

22 (G) The National Academy of Early Child23 hood Programs.
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1 (H) Any other accrediting body deemed ap2 propriate by the eligible chartering authority

3 that granted the charter to the school.

4 (17) In the case that the proposed school’s edu5 cational program includes preschool or prekinder6 garten, an assurance the proposed school will be li7 censed as a child development center by the District

8 of Columbia Government not later than the first date

9 on which such program commences.

10 (18) An explanation of the relationship that will

11 exist between the public charter school and the school’s

12 employees.

13 (19) A statement of whether the proposed school

14 elects to be treated as a local educational agency or

15 a District of Columbia public school for purposes of

16 part B of the Individuals With Disabilities Education

17 Act (20 U.S.C. 1411 et seq.) and section 504 of the

18 Rehabilitation Act of 1973 (20 U.S.C. 794), and not19 withstanding any other provision of law the eligible

20 chartering authority shall not have the authority to

21 approve or disapprove such election.

22 SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC

23 CHARTER SCHOOL PETITIONS.

24 (a) SCHEDULE.—An eligible chartering authority

25 shall establish a schedule for receiving petitions to establish
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1 a public charter school and shall publish any such schedule

2 in the District of Columbia Register and newspapers of gen3 eral circulation.

4 (b) PUBLIC HEARING.—Not later than 45 days after

5 a petition to establish a public charter school is filed with

6 an eligible chartering authority, the eligible chartering au7 thority shall hold a public hearing on the petition to gather

8 the information that is necessary for the eligible chartering

9 authority to make the decision to approve or deny the peti10 tion.

11 (c) NOTICE.—Not later than 10 days prior to the

12 scheduled date of a public hearing on a petition to establish

13 a public charter school, an eligible chartering authority—

14 (1) shall publish a notice of the hearing in the

15 District of Columbia Register and newspapers of gen16 eral circulation; and

17 (2) shall send a written notification of the hear18 ing date to the eligible applicant who filed the peti19 tion.

20 (d) APPROVAL.—Subject to subsection (i), an eligible

21 chartering authority may approve a petition to establish

22 a public charter school, if—

23 (1) the eligible chartering authority determines

24 that the petition satisfies the requirements of this sub25 title;
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1 (2) the eligible applicant who filed the petition

2 agrees to satisfy any condition or requirement, con3 sistent with this subtitle and other applicable law,

4 that is set forth in writing by the eligible chartering

5 authority as an amendment to the petition; and

6 (3) the eligible chartering authority determines

7 that the public charter school has the ability to meet

8 the educational objectives outlined in the petition.

9 (e) TIMETABLE.—An eligible chartering authority

10 shall approve or deny a petition to establish a public char11 ter school not later than 45 days after the conclusion of the

12 public hearing on the petition.

13 (f) EXTENSION.—An eligible chartering authority and

14 an eligible applicant may agree to extend the 45-day time

15 period referred to in subsection (e) by a period that shall

16 not exceed 30 days.

17 (g) DENIAL EXPLANATION.—If an eligible chartering

18 authority denies a petition or finds the petition to be in19 complete, the eligible chartering authority shall specify in

20 writing the reasons for its decision and indicate, when the

21 eligible chartering authority determines appropriate, how

22 the eligible applicant who filed the petition may revise the

23 petition to satisfy the requirements for approval.

24 (h) APPROVED PETITION.—
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1 (1) NOTICE.—Not later than 10 days after an el2 igible chartering authority approves a petition to es3 tablish a public charter school, the eligible chartering

4 authority shall provide a written notice of the ap5 proval, including a copy of the approved petition and

6 any conditions or requirements agreed to under sub7 section (d)(2), to the eligible applicant and to the

8 Chief Financial Officer of the District of Columbia.

9 The eligible chartering authority shall publish a no10 tice of the approval of the petition in the District of

11 Columbia Register and newspapers of general circula12 tion.

13 (2) CHARTER.—The provisions described in

14 paragraphs (1), (7), (8), (11), (16), (17), and (18) of

15 section 2202 of a petition to establish a public charter

16 school that are approved by an eligible chartering au17 thority, together with any amendments to the petition

18 containing conditions or requirements agreed to by

19 the eligible applicant under subsection (d)(2), shall be

20 considered a charter granted to the school by the eligi21 ble chartering authority.

22 (i) NUMBER OF PETITIONS.—

23 (1) FIRST YEAR.—For academic year 1996–

24 1997, not more than 10 petitions to establish public

25 charter schools may be approved under this subtitle.
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1 (2) SUBSEQUENT YEARS.—For academic year

2 1997–1998 and each academic year thereafter each el3 igible chartering authority shall not approve more

4 than 5 petitions to establish a public charter school

5 under this subtitle.

6 (j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE CHAR7 TERING AUTHORITY.—No governmental entity, elected offi8 cial, or employee of the District of Columbia shall make,

9 participate in making, or intervene in the making of, the

10 decision to approve or deny a petition to establish a public

11 charter school, except for officers or employees of the eligible

12 chartering authority with which the petition is filed.

13 SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS,

14 OF PUBLIC CHARTER SCHOOLS.

15 (a) DUTIES.—A public charter school shall comply

16 with all of the terms and provisions of its charter.

17 (b) POWERS.—A public charter school shall have the

18 following powers:

19 (1) To adopt a name and corporate seal, but

20 only if the name selected includes the words ‘‘public

21 charter school’’.

22 (2) To acquire real property for use as the public

23 charter school’s facilities, from public or private

24 sources.
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1 (3) To receive and disburse funds for public

2 charter school purposes.

3 (4) Subject to subsection (c)(1), to secure appro4 priate insurance and to make contracts and leases,

5 including agreements to procure or purchase services,

6 equipment, and supplies.

7 (5) To incur debt in reasonable anticipation of

8 the receipt of funds from the general fund of the Dis9 trict of Columbia or the receipt of Federal or private

10 funds.

11 (6) To solicit and accept any grants or gifts for

12 public charter school purposes, if the public charter

13 school—

14 (A) does not accept any grants or gifts sub15 ject to any condition contrary to law or contrary

16 to its charter; and

17 (B) maintains for financial reporting pur18 poses separate accounts for grants or gifts.

19 (7) To be responsible for the public charter

20 school’s operation, including preparation of a budget

21 and personnel matters.

22 (8) To sue and be sued in the public charter

23 school’s own name.

24 (c) PROHIBITIONS AND OTHER REQUIREMENTS.—

25 (1) CONTRACTING AUTHORITY.—
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1 (A) NOTICE REQUIREMENT.—Except in the

2 case of an emergency (as determined by the eligi3 ble chartering authority of a public charter

4 school), with respect to any contract proposed to

5 be awarded by the public charter school and hav6 ing a value equal to or exceeding $10,000, the

7 school shall publish a notice of a request for pro8 posals in the District of Columbia Register and

9 newspapers of general circulation not less than

10 30 days prior to the award of the contract.

11 (B) SUBMISSION TO THE AUTHORITY.—

12 (i) DEADLINE FOR SUBMISSION.—With

13 respect to any contract described in sub14 paragraph (A) that is awarded by a public

15 charter school, the school shall submit to the

16 Authority, not later than 3 days after the

17 date on which the award is made, all bids

18 for the contract received by the school, the

19 name of the contractor who is awarded the

20 contract, and the rationale for the award of

21 the contract.

22 (ii) EFFECTIVE DATE OF CONTRACT.—

23 (I) IN GENERAL.—Subject to

24 subclause (II), a contract described in

25 subparagraph (A) shall become effective
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1 on the date that is 15 days after the

2 date the school makes the submission

3 under clause (i) with respect to the

4 contract, or the effective date specified

5 in the contract, whichever is later.

6 (II) EXCEPTION.—A contract de7 scribed in subparagraph (A) shall be

8 considered null and void if the Author9 ity determines, within 12 days of the

10 date the school makes the submission

11 under clause (i) with respect to the

12 contract, that the contract endangers

13 the economic viability of the public

14 charter school.

15 (2) TUITION.—A public charter school may not

16 charge tuition, fees, or other mandatory payments, ex17 cept to nonresident students, or for field trips or simi18 lar activities.

19 (3) CONTROL.—A public charter school—

20 (A) shall exercise exclusive control over its

21 expenditures, administration, personnel, and in22 structional methods, within the limitations im23 posed in this subtitle; and

24 (B) shall be exempt from District of Colum25 bia statutes, policies, rules, and regulations es-
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1 tablished for the District of Columbia public

2 schools by the Superintendent, Board of Edu3 cation, Mayor, District of Columbia Council, or

4 Authority, except as otherwise provided in the

5 school’s charter or this subtitle.

6 (4) HEALTH AND SAFETY.—A public charter

7 school shall maintain the health and safety of all stu8 dents attending such school.

9 (5) CIVIL RIGHTS AND IDEA.—The Age Discrimi10 nation Act of 1975 (42 U.S.C. 6101 et seq.), title VI

11 of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

12 seq.), title IX of the Education Amendments of 1972

13 (20 U.S.C. 1681 et seq.), section 504 of the Rehabili14 tation Act of 1973 (29 U.S.C. 794), part B of the In15 dividuals with Disabilities Education Act (20 U.S.C.

16 1411 et seq.), and the Americans with Disabilities Act

17 of 1990 (42 U.S.C. 12101 et seq.), shall apply to a

18 public charter school.

19 (6) GOVERNANCE.—A public charter school shall

20 be governed by a Board of Trustees in a manner con21 sistent with the charter granted to the school and the

22 provisions of this subtitle.

23 (7) OTHER STAFF.—No employee of the District

24 of Columbia public schools may be required to accept
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1 employment with, or be assigned to, a public charter

2 school.

3 (8) OTHER STUDENTS.—No student enrolled in a

4 District of Columbia public school may be required to

5 attend a public charter school.

6 (9) TAXES OR BONDS.—A public charter school

7 shall not levy taxes or issue bonds.

8 (10) CHARTER REVISION.—A public charter

9 school seeking to revise its charter shall prepare a pe10 tition for approval of the revision and file the petition

11 with the eligible chartering authority that granted the

12 charter. The provisions of section 2203 shall apply to

13 such a petition in the same manner as such provi14 sions apply to a petition to establish a public charter

15 school.

16 (11) ANNUAL REPORT.—

17 (A) IN GENERAL.—A public charter school

18 shall submit an annual report to the eligible

19 chartering authority that approved its charter

20 and to the Consensus Commission. The school

21 shall permit a member of the public to review

22 any such report upon request.

23 (B) CONTENTS.—A report submitted under

24 subparagraph (A) shall include the following

25 data:
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1 (i) A report on the extent to which the

2 school is meeting its mission and goals as

3 stated in the petition for the charter school.

4 (ii) Student performance on any dis5 trictwide assessments.

6 (iii) Grade advancement for students

7 enrolled in the public charter school.

8 (iv) Graduation rates, college admis9 sion test scores, and college admission rates,

10 if applicable.

11 (v) Types and amounts of parental in12 volvement.

13 (vi) Official student enrollment.

14 (vii) Average daily attendance.

15 (viii) Average daily membership.

16 (ix) A financial statement audited by

17 an independent certified public accountant

18 in accordance with Government auditing

19 standards for financial audits issued by the

20 Comptroller General of the United States.

21 (x) A report on school staff indicating

22 the qualifications and responsibilities of

23 such staff.

24 (xi) A list of all donors and grantors

25 that have contributed monetary or in-kind
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1 donations having a value equal to or exceed2 ing $500 during the year that is the subject

3 of the report.

4 (C) NONIDENTIFYING DATA.—Data de5 scribed in clauses (i) through (ix) of subpara6 graph (B) that are included in an annual report

7 shall not identify the individuals to whom the

8 data pertain.

9 (12) CENSUS.—A public charter school shall pro10 vide to the Board of Education student enrollment

11 data necessary for the Board of Education to comply

12 with section 3 of article II of the Act of February 4,

13 1925 (D.C. Code, sec. 31–404) (relating to census of

14 minors).

15 (13) COMPLAINT RESOLUTION PROCESS.—A pub16 lic charter school shall establish an informal com17 plaint resolution process.

18 (14) PROGRAM OF EDUCATION.—A public char19 ter school shall provide a program of education which

20 shall include one or more of the following:

21 (A) Preschool.

22 (B) Prekindergarten.

23 (C) Any grade or grades from kindergarten

24 through grade 12.

25 (D) Residential education.
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1 (E) Adult, community, continuing, and vo2 cational education programs.

3 (15) NONSECTARIAN NATURE OF SCHOOLS.—A

4 public charter school shall be nonsectarian and shall

5 not be affiliated with a sectarian school or religious

6 institution.

7 (16) NONPROFIT STATUS OF SCHOOL.—A public

8 charter school shall be organized under the District of

9 Columbia Nonprofit Corporation Act (D.C. Code, sec.

10 29–501 et seq.).

11 (17) IMMUNITY FROM CIVIL LIABILITY.—

12 (A) IN GENERAL.—A public charter school,

13 and its incorporators, Board of Trustees, officers,

14 employees, and volunteers, shall be immune from

15 civil liability, both personally and professionally,

16 for any act or omission within the scope of their

17 official duties unless the act or omission—

18 (i) constitutes gross negligence;

19 (ii) constitutes an intentional tort; or

20 (iii) is criminal in nature.

21 (B) COMMON LAW IMMUNITY PRESERVED.—

22 Subparagraph (A) shall not be construed to abro23 gate any immunity under common law of a per24 son described in such subparagraph.
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1 SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER

2 SCHOOL.

3 (a) BOARD OF TRUSTEES.—The members of a Board

4 of Trustees of a public charter school shall be elected or se5 lected pursuant to the charter granted to the school. Such

6 Board of Trustees shall have an odd number of members

7 that does not exceed 7, of which—

8 (1) a majority shall be residents of the District

9 of Columbia; and

10 (2) at least 2 shall be parents of a student at11 tending the school.

12 (b) ELIGIBILITY.—An individual is eligible for election

13 or selection to the Board of Trustees of a public charter

14 school if the person—

15 (1) is a teacher or staff member who is employed

16 at the school;

17 (2) is a parent of a student attending the school;

18 or

19 (3) meets the election or selection criteria set

20 forth in the charter granted to the school.

21 (c) ELECTION OR SELECTION OF PARENTS.—In the

22 case of the first Board of Trustees of a public charter school

23 to be elected or selected after the date on which the school

24 is granted a charter, the election or selection of the members

25 under subsection (a)(2) shall occur on the earliest prac26 ticable date after classes at the school have commenced.
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1 Until such date, any other members who have been elected

2 or selected shall serve as an interim Board of Trustees. Such

3 an interim Board of Trustees may exercise all of the powers,

4 and shall be subject to all of the duties, of a Board of Trust5 ees.

6 (d) FIDUCIARIES.—The Board of Trustees of a public

7 charter school shall be fiduciaries of the school and shall

8 set overall policy for the school. The Board of Trustees may

9 make final decisions on matters related to the operation of

10 the school, consistent with the charter granted to the school,

11 this subtitle, and other applicable law.

12 SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITH13 DRAWAL.

14 (a) OPEN ENROLLMENT.—Enrollment in a public

15 charter school shall be open to all students who are residents

16 of the District of Columbia and, if space is available, to

17 nonresident students who meet the tuition requirement in

18 subsection (e).

19 (b) CRITERIA FOR ADMISSION.—A public charter

20 school may not limit enrollment on the basis of a student’s

21 race, color, religion, national origin, language spoken, intel22 lectual or athletic ability, measures of achievement or apti23 tude, or status as a student with special needs. A public

24 charter school may limit enrollment to specific grade levels.
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1 (c) RANDOM SELECTION.—If there are more applica2 tions to enroll in a public charter school from students who

3 are residents of the District of Columbia than there are

4 spaces available, students shall be admitted using a random

5 selection process.

6 (d) ADMISSION TO AN EXISTING SCHOOL.—During the

7 5-year period beginning on the date that a petition, filed

8 by an eligible applicant seeking to convert a District of Co9 lumbia public school or a private or independent school into

10 a public charter school, is approved, the school may give

11 priority in enrollment to—

12 (1) students enrolled in the school at the time the

13 petition is granted;

14 (2) the siblings of students described in para15 graph (1); and

16 (3) in the case of the conversion of a District of

17 Columbia public school, students who reside within

18 the attendance boundaries, if any, in which the school

19 is located.

20 (e) NONRESIDENT STUDENTS.—Nonresident students

21 shall pay tuition to attend a public charter school at the

22 applicable rate established for District of Columbia public

23 schools administered by the Board of Education for the type

24 of program in which the student is enrolled.
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1 (f) STUDENT WITHDRAWAL.—A student may with2 draw from a public charter school at any time and, if other3 wise eligible, enroll in a District of Columbia public school

4 administered by the Board of Education.

5 (g) EXPULSION AND SUSPENSION.—The principal of

6 a public charter school may expel or suspend a student from

7 the school based on criteria set forth in the charter granted

8 to the school.

9 SEC. 2207. EMPLOYEES.

10 (a) EXTENDED LEAVE OF ABSENCE WITHOUT PAY.—

11 (1) LEAVE OF ABSENCE FROM DISTRICT OF CO12 LUMBIA PUBLIC SCHOOLS.—The Superintendent shall

13 grant, upon request, an extended leave of absence,

14 without pay, to an employee of the District of Colum15 bia public schools for the purpose of permitting the

16 employee to accept a position at a public charter

17 school for a 2-year term.

18 (2) REQUEST FOR EXTENSION.—At the end of a

19 2-year term referred to in paragraph (1), an em20 ployee granted an extended leave of absence without

21 pay under such paragraph may submit a request to

22 the Superintendent for an extension of the leave of ab23 sence for an unlimited number of 2-year terms. The

24 Superintendent may not unreasonably (as determined
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1 by the eligible chartering authority) withhold ap2 proval of the request.

3 (3) RIGHTS UPON TERMINATION OF LEAVE.—An

4 employee granted an extended leave of absence with5 out pay for the purpose described in paragraph (1)

6 or (2) shall have the same rights and benefits under

7 law upon termination of such leave of absence as an

8 employee of the District of Columbia public schools

9 who is granted an extended leave of absence without

10 pay for any other purpose.

11 (b) RETIREMENT SYSTEM.—

12 (1) CREDITABLE SERVICE.—An employee of a

13 public charter school who has received a leave of ab14 sence under subsection (a) shall receive creditable

15 service, as defined in section 2604 of D.C. Law 2–139,

16 effective March 3, 1979 (D.C. Code, sec. 1–627.4) and

17 the rules established under such section, for the period

18 of the employee’s employment at the public charter

19 school.

20 (2) AUTHORITY TO ESTABLISH SEPARATE SYS21 TEM.—A public charter school may establish a retire22 ment system for employees under its authority.

23 (3) ELECTION OF RETIREMENT SYSTEM.—A

24 former employee of the District of Columbia public

25 schools who becomes an employee of a public charter
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1 school within 60 days after the date the employee’s

2 employment with the District of Columbia public

3 schools is terminated may, at the time the employee

4 commences employment with the public charter

5 school, elect—

6 (A) to remain in a District of Columbia

7 Government retirement system and continue to

8 receive creditable service for the period of their

9 employment at a public charter school; or

10 (B) to transfer into a retirement system es11 tablished by the public charter school pursuant

12 to paragraph (2).

13 (4) PROHIBITED EMPLOYMENT CONDITIONS.—No

14 public charter school may require a former employee

15 of the District of Columbia public schools to transfer

16 to the public charter school’s retirement system as a

17 condition of employment.

18 (5) CONTRIBUTIONS.—

19 (A) EMPLOYEES ELECTING NOT TO TRANS20 FER.—In the case of a former employee of the

21 District of Columbia public schools who elects to

22 remain in a District of Columbia Government

23 retirement system pursuant to paragraph (3)(A),

24 the public charter school that employs the person

25 shall make the same contribution to such system
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1 on behalf of the person as the District of Colum2 bia would have been required to make if the per3 son had continued to be an employee of the Dis4 trict of Columbia public schools.

5 (B) EMPLOYEES ELECTING TO TRANSFER.—

6 In the case of a former employee of the District

7 of Columbia public schools who elects to transfer

8 into a retirement system of a public charter

9 school pursuant to paragraph (3)(B), the appli10 cable District of Columbia Government retire11 ment system from which the former employee is

12 transferring shall compute the employee’s con13 tribution to that system and transfer this

14 amount, to the retirement system of the public

15 charter school.

16 (c) EMPLOYMENT STATUS.—Notwithstanding any

17 other provision of law and except as provided in this sec18 tion, an employee of a public charter school shall not be

19 considered to be an employee of the District of Columbia

20 Government for any purpose.

21 SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

22 A student attending a public charter school shall be

23 eligible for reduced fares on the Metrobus and Metrorail

24 Transit System on the same terms and conditions as are

25 applicable under section 2 of D.C. Law 2–152, effective
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1 March 9, 1979 (D.C. Code, sec. 44–216 et seq.), to a student

2 attending a District of Columbia public school.

3 SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV4 ICES TO PUBLIC CHARTER SCHOOLS.

5 The Superintendent may provide services, such as fa6 cilities maintenance, to public charter schools. All com7 pensation for costs of such services shall be subject to nego8 tiation and mutual agreement between a public charter

9 school and the Superintendent.

10 SEC. 2210. APPLICATION OF LAW.

11 (a) ELEMENTARY AND SECONDARY EDUCATION ACT

12 OF 1965.—

13 (1) TREATMENT AS LOCAL EDUCATIONAL AGEN14 CY.—

15 (A) IN GENERAL.—For any fiscal year, a

16 public charter school shall be considered to be a

17 local educational agency for purposes of part A

18 of title I of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6311 et seq.), and

20 shall be eligible for assistance under such part,

21 if the fraction the numerator of which is the

22 number of low-income students enrolled in the

23 public charter school during the fiscal year pre24 ceding the fiscal year for which the determina25 tion is made and the denominator of which is
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1 the total number of students enrolled in such

2 public charter school for such preceding year, is

3 equal to or greater than the lowest fraction deter4 mined for any District of Columbia public school

5 receiving assistance under such part A where the

6 numerator is the number of low-income students

7 enrolled in such public school for such preceding

8 year and the denominator is the total number of

9 students enrolled in such public school for such

10 preceding year.

11 (B) DEFINITION.—For the purposes of this

12 subsection, the term ‘‘low-income student’’ means

13 a student from a low-income family determined

14 according to the measure adopted by the District

15 of Columbia to carry out the provisions of part

16 A of title I of the Elementary and Secondary

17 Education Act of 1965 that is consistent with the

18 measures described in section 1113(a)(5) of such

19 Act (20 U.S.C. 6313(a)(5)) for the fiscal year for

20 which the determination is made.

21 (2) ALLOCATION FOR FISCAL YEARS 1996

22 THROUGH 1998.—

23 (A) PUBLIC CHARTER SCHOOLS.—For fiscal

24 years 1996 through 1998, each public charter

25 school that is eligible to receive assistance under
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1 part A of title I of the Elementary and Second2 ary Education Act of 1965 shall receive a por3 tion of the District of Columbia’s total allocation

4 under such part which bears the same ratio to

5 such total allocation as the number described in

6 subparagraph (C) bears to the number described

7 in subparagraph (D).

8 (B) DISTRICT OF COLUMBIA PUBLIC

9 SCHOOLS.—For fiscal years 1996 through 1998,

10 the District of Columbia public schools shall re11 ceive a portion of the District of Columbia’s total

12 allocation under part A of title I of the Elemen13 tary and Secondary Education Act of 1965

14 which bears the same ratio to such total alloca15 tion as the total of the numbers described in

16 clauses (ii) and (iii) of subparagraph (D) bears

17 to the aggregate total described in subparagraph

18 (D).

19 (C) NUMBER OF ELIGIBLE STUDENTS EN20 ROLLED IN THE PUBLIC CHARTER SCHOOL.—The

21 number described in this subparagraph is the

22 number of low-income students enrolled in the

23 public charter school during the fiscal year pre24 ceding the fiscal year for which the determina25 tion is made.
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1 (D) AGGREGATE NUMBER OF ELIGIBLE STU2 DENTS.—The number described in this subpara3 graph is the aggregate total of the following

4 numbers:

5 (i) The number of low-income students

6 who, during the fiscal year preceding the

7 fiscal year for which the determination is

8 made, were enrolled in a public charter

9 school.

10 (ii) The number of low-income students

11 who, during the fiscal year preceding the

12 fiscal year for which the determination is

13 made, were enrolled in a District of Colum14 bia public school selected to provide services

15 under part A of title I of the Elementary

16 and Secondary Education Act of 1965.

17 (iii) The number of low-income stu18 dents who, during the fiscal year preceding

19 the fiscal year for which the determination

20 is made—

21 (I) were enrolled in a private or

22 independent school; and

23 (II) resided in an attendance area

24 of a District of Columbia public school

25 selected to provide services under part
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1 A of title I of the Elementary and Sec2 ondary Education Act of 1965.

3 (3) ALLOCATION FOR FISCAL YEAR 1999 AND

4 THEREAFTER.—

5 (A) CALCULATION BY SECRETARY.—Not6 withstanding sections 1124(a)(2), 1124A(a)(4),

7 and 1125(d) of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 6333(a)(2),

9 6334(a)(4), and 6335(d)), for fiscal year 1999

10 and each fiscal year thereafter, the total alloca11 tion under part A of title I of such Act for all

12 local educational agencies in the District of Co13 lumbia, including public charter schools that are

14 eligible to receive assistance under such part,

15 shall be calculated by the Secretary of Edu16 cation. In making such calculation, such Sec17 retary shall treat all such local educational agen18 cies as if such agencies were a single local edu19 cational agency for the District of Columbia.

20 (B) ALLOCATION.—

21 (i) PUBLIC CHARTER SCHOOLS.—For

22 fiscal year 1999 and each fiscal year there23 after, each public charter school that is eli24 gible to receive assistance under part A of

25 title I of the Elementary and Secondary
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1 Education Act of 1965 shall receive a por2 tion of the total allocation calculated under

3 subparagraph (A) which bears the same

4 ratio to such total allocation as the number

5 described in paragraph (2)(C) bears to the

6 aggregate total described in paragraph

7 (2)(D).

8 (ii) DISTRICT OF COLUMBIA PUBLIC

9 SCHOOL.—For fiscal year 1999 and each

10 fiscal year thereafter, the District of Colum11 bia public schools shall receive a portion of

12 the total allocation calculated under sub13 paragraph (A) which bears the same ratio

14 to such total allocation as the total of the

15 numbers described in clauses (ii) and (iii)

16 of paragraph (2)(D) bears to the aggregate

17 total described in paragraph (2)(D).

18 (4) USE OF ESEA FUNDS.—The Board of Edu19 cation may not direct a public charter school in the

20 school’s use of funds under part A of title I of the Ele21 mentary and Secondary Education Act of 1965.

22 (5) ESEA REQUIREMENTS.—Except as provided

23 in paragraph (6), a public charter school receiving

24 funds under part A of title I of the Elementary and

25 Secondary Education Act of 1965 (20 U.S.C. 6301 et
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1 seq.) shall comply with all requirements applicable to

2 schools receiving such funds.

3 (6) INAPPLICABILITY OF CERTAIN ESEA PROVI4 SIONS.—The following provisions of the Elementary

5 and Secondary Education Act of 1965 shall not apply

6 to a public charter school:

7 (A) Paragraphs (5) and (8) of section

8 1112(b) (20 U.S.C. 6312(b)).

9 (B) Paragraphs (1)(A), (1)(B), (1)(C),

10 (1)(D), (1)(F), (1)(H), and (3) of section 1112(c)

11 (20 U.S.C. 6312(c)).

12 (C) Section 1113 (20 U.S.C. 6313).

13 (D) Section 1115A (20 U.S.C. 6316).

14 (E) Subsections (a), (b), and (c) of section

15 1116 (20 U.S.C. 6317).

16 (F) Subsections (d) and (e) of section 1118

17 (20 U.S.C. 6319).

18 (G) Section 1120 (20 U.S.C. 6321).

19 (H) Subsections (a) and (c) of section

20 1120A (20 U.S.C. 6322).

21 (I) Section 1126 (20 U.S.C. 6337).

22 (b) PROPERTY AND SALES TAXES.—A public charter

23 school shall be exempt from District of Columbia property

24 and sales taxes.
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1 (c) EDUCATION OF CHILDREN WITH DISABILITIES.—

2 Notwithstanding any other provision of this title, each pub3 lic charter school shall elect to be treated as a local edu4 cational agency or a District of Columbia public school for

5 the purpose of part B of the Individuals with Disabilities

6 Education Act (20 U.S.C. 1411 et seq.) and section 504 of

7 the Rehabilitation Act of 1973 (29 U.S.C. 794).

8 SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING

9 AUTHORITIES.

10 (a) OVERSIGHT.—

11 (1) IN GENERAL.—An eligible chartering author12 ity—

13 (A) shall monitor the operations of each

14 public charter school to which the eligible char15 tering authority has granted a charter;

16 (B) shall ensure that each such school com17 plies with applicable laws and the provisions of

18 the charter granted to such school; and

19 (C) shall monitor the progress of each such

20 school in meeting student academic achievement

21 expectations specified in the charter granted to

22 such school.

23 (2) PRODUCTION OF BOOKS AND RECORDS.—An

24 eligible chartering authority may require a public

25 charter school to which the eligible chartering author-
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1 ity has granted a charter to produce any book, record,

2 paper, or document, if the eligible chartering author3 ity determines that such production is necessary for

4 the eligible chartering authority to carry out its func5 tions under this subtitle.

6 (b) FEES.—

7 (1) APPLICATION FEE.—An eligible chartering

8 authority may charge an eligible applicant a fee, not

9 to exceed $150, for processing a petition to establish

10 a public charter school.

11 (2) ADMINISTRATION FEE.—In the case of an eli12 gible chartering authority that has granted a charter

13 to a public charter school, the eligible chartering au14 thority may charge the school a fee, not to exceed one15 half of one percent of the annual budget of the school,

16 to cover the cost of undertaking the ongoing adminis17 trative responsibilities of the eligible chartering au18 thority with respect to the school that are described in

19 this subtitle. The school shall pay the fee to the eligi20 ble chartering authority not later than November 15

21 of each year.

22 (c) IMMUNITY FROM CIVIL LIABILITY.—

23 (1) IN GENERAL.—An eligible chartering author24 ity, the Board of Trustees of such an eligible charter25 ing authority, and a director, officer, employee, or
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1 volunteer of such an eligible chartering authority,

2 shall be immune from civil liability, both personally

3 and professionally, for any act or omission within the

4 scope of their official duties unless the act or omis5 sion—

6 (A) constitutes gross negligence;

7 (B) constitutes an intentional tort; or

8 (C) is criminal in nature.

9 (2) COMMON LAW IMMUNITY PRESERVED.—Para10 graph (1) shall not be construed to abrogate any im11 munity under common law of a person described in

12 such paragraph.

13 (d) ANNUAL REPORT.—On or before July 30 of each

14 year, each eligible chartering authority that issues a charter

15 under this subtitle shall submit a report to the Mayor, the

16 District of Columbia Council, the Board of Education, the

17 Secretary of Education, the appropriate congressional com18 mittees, and the Consensus Commission that includes the

19 following information:

20 (1) A list of the members of the eligible charter21 ing authority and the addresses of such members.

22 (2) A list of the dates and places of each meeting

23 of the eligible chartering authority during the year

24 preceding the report.
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1 (3) The number of petitions received by the eligi2 ble chartering authority for the conversion of a Dis3 trict of Columbia public school or a private or inde4 pendent school to a public charter school, and for the

5 creation of a new school as a public charter school.

6 (4) The number of petitions described in para7 graph (3) that were approved and the number that

8 were denied, as well as a summary of the reasons for

9 which such petitions were denied.

10 (5) A description of any new charters issued by

11 the eligible chartering authority during the year pre12 ceding the report.

13 (6) A description of any charters renewed by the

14 eligible chartering authority during the year preced15 ing the report.

16 (7) A description of any charters revoked by the

17 eligible chartering authority during the year preced18 ing the report.

19 (8) A description of any charters refused renewal

20 by the eligible chartering authority during the year

21 preceding the report.

22 (9) Any recommendations the eligible chartering

23 authority has concerning ways to improve the admin24 istration of public charter schools.
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1 SEC. 2212. CHARTER RENEWAL.

2 (a) TERM.—A charter granted to a public charter

3 school shall remain in force for a 5-year period, but may

4 be renewed for an unlimited number of times, each time

5 for a 5-year period.

6 (b) APPLICATION FOR CHARTER RENEWAL.—In the

7 case of a public charter school that desires to renew its char8 ter, the Board of Trustees of the school shall file an applica9 tion to renew the charter with the eligible chartering au10 thority that granted the charter not later than 120 days

11 nor earlier than 365 days before the expiration of the char12 ter. The application shall contain the following:

13 (1) A report on the progress of the public charter

14 school in achieving the goals, student academic

15 achievement expectations, and other terms of the ap16 proved charter.

17 (2) All audited financial statements for the pub18 lic charter school for the preceding 4 years.

19 (c) APPROVAL OF CHARTER RENEWAL APPLICA20 TION.—The eligible chartering authority that granted a

21 charter shall approve an application to renew the charter

22 that is filed in accordance with subsection (b), except that

23 the eligible chartering authority shall not approve such ap24 plication if the eligible chartering authority determines

25 that—
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1 (1) the school committed a material violation of

2 applicable laws or a material violation of the condi3 tions, terms, standards, or procedures set forth in its

4 charter, including violations relating to the education

5 of children with disabilities; or

6 (2) the school failed to meet the goals and stu7 dent academic achievement expectations set forth in

8 its charter.

9 (d) PROCEDURES FOR CONSIDERATION OF CHARTER

10 RENEWAL.—

11 (1) NOTICE OF RIGHT TO HEARING.—An eligible

12 chartering authority that has received an application

13 to renew a charter that is filed by a Board of Trustees

14 in accordance with subsection (b) shall provide to the

15 Board of Trustees written notice of the right to an in16 formal hearing on the application. The eligible char17 tering authority shall provide the notice not later

18 than 15 days after the date on which the eligible char19 tering authority received the application.

20 (2) REQUEST FOR HEARING.—Not later than 15

21 days after the date on which a Board of Trustees re22 ceives a notice under paragraph (1), the Board of

23 Trustees may request, in writing, an informal hear24 ing on the application before the eligible chartering

25 authority.
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1 (3) DATE AND TIME OF HEARING.—

2 (A) NOTICE.—Upon receiving a timely

3 written request for a hearing under paragraph

4 (2), an eligible chartering authority shall set a

5 date and time for the hearing and shall provide

6 reasonable notice of the date and time, as well as

7 the procedures to be followed at the hearing, to

8 the Board of Trustees.

9 (B) DEADLINE.—An informal hearing

10 under this subsection shall take place not later

11 than 30 days after an eligible chartering author12 ity receives a timely written request for the hear13 ing under paragraph (2).

14 (4) FINAL DECISION.—

15 (A) DEADLINE.—An eligible chartering au16 thority shall render a final decision, in writing,

17 on an application to renew a charter—

18 (i) not later than 30 days after the

19 date on which the eligible chartering au20 thority provided the written notice of the

21 right to a hearing, in the case of an appli22 cation with respect to which such a hearing

23 is not held; and

24 (ii) not later than 30 days after the

25 date on which the hearing is concluded, in
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1 the case of an application with respect to

2 which a hearing is held.

3 (B) REASONS FOR NONRENEWAL.—An eligi4 ble chartering authority that denies an applica5 tion to renew a charter shall state in its decision

6 the reasons for denial.

7 (5) ALTERNATIVES UPON NONRENEWAL.—If an

8 eligible chartering authority denies an application to

9 renew a charter granted to a public charter school, the

10 Board of Education may—

11 (A) manage the school directly until alter12 native arrangements can be made for students at

13 the school; or

14 (B) place the school in a probationary sta15 tus that requires the school to take remedial ac16 tions, to be determined by the Board of Edu17 cation, that directly relate to the grounds for the

18 denial.

19 (6) JUDICIAL REVIEW.—

20 (A) AVAILABILITY OF REVIEW.—A decision

21 by an eligible chartering authority to deny an

22 application to renew a charter shall be subject to

23 judicial review by an appropriate court of the

24 District of Columbia.
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1 (B) STANDARD OF REVIEW.—A decision by

2 an eligible chartering authority to deny an ap3 plication to renew a charter shall be upheld un4 less the decision is arbitrary and capricious or

5 clearly erroneous.

6 SEC. 2213. CHARTER REVOCATION.

7 (a) CHARTER OR LAW VIOLATIONS.—An eligible char8 tering authority that has granted a charter to a public

9 charter school may revoke the charter if the eligible charter10 ing authority determines that the school has committed a

11 violation of applicable laws or a material violation of the

12 conditions, terms, standards, or procedures set forth in the

13 charter, including violations relating to the education of

14 children with disabilities.

15 (b) FISCAL MISMANAGEMENT.—An eligible chartering

16 authority that has granted a charter to a public charter

17 school shall revoke the charter if the eligible chartering au18 thority determines that the school—

19 (1) has engaged in a pattern of nonadherence to

20 generally accepted accounting principles;

21 (2) has engaged in a pattern of fiscal mis22 management; or

23 (3) is no longer economically viable.

24 (c) PROCEDURES FOR CONSIDERATION OF REVOCA25 TION.—
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1 (1) NOTICE OF RIGHT TO HEARING.—An eligible

2 chartering authority that is proposing to revoke a

3 charter granted to a public charter school shall pro4 vide to the Board of Trustees of the school a written

5 notice stating the reasons for the proposed revocation.

6 The notice shall inform the Board of Trustees of the

7 right of the Board of Trustees to an informal hearing

8 on the proposed revocation.

9 (2) REQUEST FOR HEARING.—Not later than 15

10 days after the date on which a Board of Trustees re11 ceives a notice under paragraph (1), the Board of

12 Trustees may request, in writing, an informal hear13 ing on the proposed revocation before the eligible char14 tering authority.

15 (3) DATE AND TIME OF HEARING.—

16 (A) NOTICE.—Upon receiving a timely

17 written request for a hearing under paragraph

18 (2), an eligible chartering authority shall set a

19 date and time for the hearing and shall provide

20 reasonable notice of the date and time, as well as

21 the procedures to be followed at the hearing, to

22 the Board of Trustees.

23 (B) DEADLINE.—An informal hearing

24 under this subsection shall take place not later

25 than 30 days after an eligible chartering author-
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1 ity receives a timely written request for the hear2 ing under paragraph (2).

3 (4) FINAL DECISION.—

4 (A) DEADLINE.—An eligible chartering au5 thority shall render a final decision, in writing,

6 on the revocation of a charter—

7 (i) not later than 30 days after the

8 date on which the eligible chartering au9 thority provided the written notice of the

10 right to a hearing, in the case of a proposed

11 revocation with respect to which such a

12 hearing is not held; and

13 (ii) not later than 30 days after the

14 date on which the hearing is concluded, in

15 the case of a proposed revocation with re16 spect to which a hearing is held.

17 (B) REASONS FOR REVOCATION.—An eligi18 ble chartering authority that revokes a charter

19 shall state in its decision the reasons for the rev20 ocation.

21 (5) ALTERNATIVES UPON REVOCATION.—If an el22 igible chartering authority revokes a charter granted

23 to a public charter school, the Board of Education

24 may manage the school directly until alternative ar25 rangements can be made for students at the school.
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1 (6) JUDICIAL REVIEW.—

2 (A) AVAILABILITY OF REVIEW.—A decision

3 by an eligible chartering authority to revoke a

4 charter shall be subject to judicial review by an

5 appropriate court of the District of Columbia.

6 (B) STANDARD OF REVIEW.—A decision by

7 an eligible chartering authority to revoke a char8 ter shall be upheld unless the decision is arbi9 trary and capricious or clearly erroneous.

10 SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

11 (a) ESTABLISHMENT.—

12 (1) IN GENERAL.—There is established within

13 the District of Columbia Government a Public Char14 ter School Board (in this section referred to as the

15 ‘‘Board’’).

16 (2) MEMBERSHIP.—The Secretary of Education

17 shall present the Mayor a list of 15 individuals the

18 Secretary determines are qualified to serve on the

19 Board. The Mayor, in consultation with the District

20 of Columbia City Council, shall appoint 7 individ21 uals from the list to serve on the Board. The Sec22 retary of Education shall recommend, and the Mayor

23 shall appoint, members to serve on the Board so that

24 a knowledge of each of the following areas is rep25 resented on the Board:
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1 (A) Research about and experience in stu2 dent learning, quality teaching, and evaluation

3 of and accountability in successful schools.

4 (B) The operation of a financially sound

5 enterprise, including leadership and manage6 ment techniques, as well as the budgeting and

7 accounting skills critical to the startup of a suc8 cessful enterprise.

9 (C) The educational, social, and economic

10 development needs of the District of Columbia.

11 (D) The needs and interests of students and

12 parents in the District of Columbia, as well as

13 methods of involving parents and other members

14 of the community in individual schools.

15 (3) VACANCIES.—Any time there is a vacancy in

16 the membership of the Board, the Secretary of Edu17 cation shall present the Mayor a list of 3 individuals

18 the Secretary determines are qualified to serve on the

19 Board. The Mayor, in consultation with the District

20 of Columbia Council, shall appoint 1 individual from

21 the list to serve on the Board. The Secretary shall rec22 ommend and the Mayor shall appoint, such member

23 of the Board taking into consideration the criteria de24 scribed in paragraph (2). Any member appointed to

25 fill a vacancy occurring prior to the expiration of the
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1 term of a predecessor shall be appointed only for the

2 remainder of the term.

3 (4) TIME LIMIT FOR APPOINTMENTS.—If, at any

4 time, the Mayor does not appoint members to the

5 Board sufficient to bring the Board’s membership to

6 7 within 30 days of receiving a recommendation from

7 the Secretary of Education under paragraph (2) or

8 (3), the Secretary shall make such appointments as

9 are necessary to bring the membership of the Board

10 to 7.

11 (5) TERMS OF MEMBERS.—

12 (A) IN GENERAL.—Members of the Board

13 shall serve for terms of 4 years, except that, of

14 the initial appointments made under paragraph

15 (2), the Mayor shall designate—

16 (i) 2 members to serve terms of 3 years;

17 (ii) 2 members to serve terms of 2

18 years; and

19 (iii) 1 member to serve a term of 1

20 year.

21 (B) REAPPOINTMENT.—Members of the

22 Board shall be eligible to be reappointed for one

23 4-year term beyond their initial term of appoint24 ment.
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1 (6) INDEPENDENCE.—No person employed by the

2 District of Columbia public schools or a public char3 ter school shall be eligible to be a member of the

4 Board or to be employed by the Board.

5 (b) OPERATIONS OF THE BOARD.—

6 (1) CHAIR.—The members of the Board shall

7 elect from among their membership 1 individual to

8 serve as Chair. Such election shall be held each year

9 after members of the Board have been appointed to

10 fill any vacancies caused by the regular expiration of

11 previous members’ terms, or when requested by a ma12 jority vote of the members of the Board.

13 (2) QUORUM.—A majority of the members of the

14 Board, not including any positions that may be va15 cant, shall constitute a quorum sufficient for conduct16 ing the business of the Board.

17 (3) MEETINGS.—The Board shall meet at the call

18 of the Chair, subject to the hearing requirements of

19 sections 2203, 2212(d)(3), and 2213(c)(3).

20 (c) NO COMPENSATION FOR SERVICE.—Members of the

21 Board shall serve without pay, but may receive reimburse22 ment for any reasonable and necessary expenses incurred

23 by reason of service on the Board.

24 (d) PERSONNEL AND RESOURCES.—
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1 (1) IN GENERAL.—Subject to such rules as may

2 be made by the Board, the Chair shall have the power

3 to appoint, terminate, and fix the pay of an Execu4 tive Director and such other personnel of the Board

5 as the Chair considers necessary, but no individual so

6 appointed shall be paid in excess of the rate payable

7 for level EG–16 of the Educational Service of the Dis8 trict of Columbia.

9 (2) SPECIAL RULE.—The Board is authorized to

10 use the services, personnel, and facilities of the Dis11 trict of Columbia.

12 (e) EXPENSES OF BOARD.—Any expenses of the Board

13 shall be paid from such funds as may be available to the

14 Mayor.

15 (f) AUDIT.—The Board shall provide for an audit of

16 the financial statements of the Board by an independent

17 certified public accountant in accordance with Government

18 auditing standards for financial audits issued by the Comp19 troller General of the United States.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—For the

21 purpose of carrying out the provisions of this section and

22 conducting the Board’s functions required by this subtitle,

23 there are authorized to be appropriated $300,000 for fiscal

24 year 1996 and such sums as may be necessary for each of

25 the 4 succeeding fiscal years.
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1 SEC. 2215. FEDERAL ENTITIES.

2 (a) IN GENERAL.—The following Federal agencies and

3 federally established entities are encouraged to explore

4 whether it is feasible for the agency or entity to establish

5 one or more public charter schools:

6 (1) The Library of Congress.

7 (2) The National Aeronautics and Space Admin8 istration.

9 (3) The Drug Enforcement Administration.

10 (4) The National Science Foundation.

11 (5) The Department of Justice.

12 (6) The Department of Defense.

13 (7) The Department of Education.

14 (8) The Smithsonian Institution, including the

15 National Zoological Park, the National Museum of

16 American History, the John F. Kennedy Center for

17 the Performing Arts, and the National Gallery of Art.

18 (b) REPORT.—Not later than 120 days after date of

19 enactment of this Act, any agency or institution described

20 in subsection (a) that has explored the feasibility of estab21 lishing a public charter school shall report its determina22 tion on the feasibility to the appropriate committees of the

23 Congress.
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1 Subtitle C—Even Start

2 SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1002 of the Elementary and Secondary Education Act of

5 1965 (20 U.S.C. 6302) is amended by striking subsection

6 (b) and inserting the following:

7 ‘‘(b) EVEN START.—

8 ‘‘(1) IN GENERAL.—For the purpose of carrying

9 out part B, there are authorized to be appropriated

10 $118,000,000 for fiscal year 1995 and such sums as

11 may be necessary for each of the four succeeding fiscal

12 years.

13 ‘‘(2) DISTRICT OF COLUMBIA.—For the purpose

14 of carrying out Even Start programs in the District

15 of Columbia described in section 1211, there are au16 thorized to be appropriated—

17 ‘‘(A) $2,000,000 for fiscal year 1996;

18 ‘‘(B) $3,500,000 for fiscal year 1997;

19 ‘‘(C) $5,000,000 for fiscal year 1998;

20 ‘‘(D) $5,000,000 for fiscal year 1999; and

21 ‘‘(E) $5,000,000 for fiscal year 2000.’’.

22 (b) EVEN START FAMILY LITERACY PROGRAMS.—Part

23 B of title I of the Elementary and Secondary Education

24 Act of 1965 (20 U.S.C. 6361 et seq.) is amended—
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1 (1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)),

2 by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

3 (2) in section 1202(b) (20 U.S.C. 6362(b)), by

4 inserting ‘‘(1)’’ after ‘‘1002(b)’’;

5 (3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)),

6 by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

7 (4) in section 1204(a) (20 U.S.C. 6364(a)), by

8 inserting ‘‘intensive’’ after ‘‘cost of providing’’;

9 (5) in section 1205(4) (20 U.S.C. 6365(4)), by

10 inserting ‘‘, intensive’’ after ‘‘high-quality’’; and

11 (6) by adding at the end the following new sec12 tion:

13 ‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA14 TIVES.

15 ‘‘(a) DISTRICT OF COLUMBIA PROGRAM AUTHOR16 IZED.—

17 ‘‘(1) IN GENERAL.—In addition to any grant for

18 the District of Columbia authorized under section

19 1202, the Secretary shall provide grants, on a com20 petitive basis, to eligible entities to enable such enti21 ties to carry out Even Start programs in the District

22 of Columbia that build on the findings of the National

23 Evaluation of the Even Start Family Literacy Pro24 gram, such as providing intensive services in early
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1 childhood education, parent training, and adult lit2 eracy or adult education.

3 ‘‘(2) NUMBER OF GRANTS.—The Secretary shall

4 award—

5 ‘‘(A) not more than 8 grants under this sec6 tion for fiscal year 1996;

7 ‘‘(B) not more than 14 grants under this

8 section for fiscal year 1997;

9 ‘‘(C) not more than 20 grants under this

10 section for each of the fiscal years 1998 and

11 1999; and

12 ‘‘(D) not more than 20 grants under this

13 section, or such number as the Secretary deter14 mines appropriate taking into account the re15 sults of evaluations described in subsection (i),

16 for fiscal year 2000.

17 ‘‘(b) DEFINITION.—For the purpose of this section, the

18 term ‘eligible entity’ means a partnership composed of at

19 least—

20 ‘‘(1) a District of Columbia public school;

21 ‘‘(2) the local educational agency in existence on

22 September 1, 1995 for the District of Columbia, any

23 other public organization, or an institution of higher

24 education (as defined in section 1201(a) of the Higher

25 Education Act of 1965 (20 U.S.C. 1141(a))); and
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1 ‘‘(3) a private nonprofit community-based orga2 nization.

3 ‘‘(c) USES OF FUNDS; FEDERAL SHARE.—

4 ‘‘(1) COMPLIANCE.—Each eligible entity that re5 ceives funds under this section shall comply with sec6 tion 1204(a) and 1204(b)(3), relating to the use of

7 such funds.

8 ‘‘(2) FEDERAL SHARE.—Each program funded

9 under this section is subject to the Federal share re10 quirement of section 1204(b)(1), except that the Sec11 retary may waive that requirement, in whole or in

12 part, for any eligible entity that demonstrates to the

13 Secretary’s satisfaction that such entity otherwise

14 would not be able to participate in the program

15 under this section.

16 ‘‘(3) MINIMUM.—Except as provided in para17 graph (4), each eligible entity selected to receive a

18 grant under this section shall receive not more than

19 $250,000 in any fiscal year, except that the Secretary

20 may increase such amount if the Secretary determines

21 that—

22 ‘‘(A) such entity needs additional funds to

23 be effective; and
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1 ‘‘(B) the increase will not reduce the

2 amount of funds available to other eligible enti3 ties that receive funds under this section.

4 ‘‘(4) REMAINING FUNDS.—If funds remain after

5 payments are made under paragraph (3) for any fis6 cal year, the Secretary shall make such remaining

7 funds available to each eligible entity receiving a

8 grant under this section for such year in an amount

9 that bears the same relation to such funds as the

10 amount each such entity received under this section

11 bears to the amount all such entities received under

12 this section.

13 ‘‘(d) PROGRAM ELEMENTS.—Each program assisted

14 under this section shall comply with the program elements

15 described in section 1205, including intensive high quality

16 instruction programs of early childhood education, parent

17 training, and adult literacy or adult education.

18 ‘‘(e) ELIGIBLE PARTICIPANTS.—

19 ‘‘(1) IN GENERAL.—Individuals eligible to par20 ticipate in a program under this section are—

21 ‘‘(A) the parent or parents of a child de22 scribed in subparagraph (B), or any other adult

23 who is substantially involved in the day-to-day

24 care of the child, if such parent or adult—
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1 ‘‘(i) is eligible to participate in an

2 adult education program under the Adult

3 Education Act; or

4 ‘‘(ii) is attending, or is eligible by age

5 to attend, a District of Columbia public

6 school; and

7 ‘‘(B) any child, from birth through age 7, of

8 an individual described in subparagraph (A).

9 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi10 bility factors described in section 1206(b) shall apply

11 to programs under this section, except that for pur12 poses of this section—

13 ‘‘(A) the reference in paragraph (1) to sub14 section (a) shall be read to refer to paragraph

15 (1); and

16 ‘‘(B) references in such section to this part

17 shall be read to refer to this section.

18 ‘‘(f) APPLICATIONS.—Each eligible entity that wishes

19 to receive a grant under this section shall submit an appli20 cation to the Secretary at such time, in such manner, and

21 containing such information as the Secretary may require.

22 ‘‘(g) SELECTION OF GRANTEES.—In awarding grants

23 under this section, the Secretary shall—
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1 ‘‘(1) use the selection criteria described in sub2 paragraphs (A) through (F), and (H), of section

3 1208(a)(1); and

4 ‘‘(2) give priority to applications for programs

5 that—

6 ‘‘(A) target services to schools in which a

7 schoolwide program is being conducted under

8 section 1114; or

9 ‘‘(B) are located in areas designated as

10 empowerment zones or enterprise communities.

11 ‘‘(h) DURATION OF PROGRAMS.—The priority for

12 subgrants described in section 1208(a)(2), and the progress

13 requirement described in section 1208(b)(4), shall apply to

14 grants made under this section, except that—

15 ‘‘(1) references in those sections to the State edu16 cational agency and to subgrants shall be read to

17 refer to the Secretary and to grants under this sec18 tion, respectively; and

19 ‘‘(2) notwithstanding section 1208(b), the Sec20 retary shall not provide continuation funding to a

21 grant recipient under this section if the Secretary de22 termines, after affording the recipient notice and an

23 opportunity for a hearing, that the recipient has not

24 made substantial progress in accomplishing the objec25 tives of this section.
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1 ‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—

2 ‘‘(1) TECHNICAL ASSISTANCE.—(A) The Sec3 retary shall use not more than 5 percent of the

4 amounts authorized under section 1002(b)(2) for any

5 fiscal year—

6 ‘‘(i) to provide technical assistance to eligi7 ble entities, including providing funds to one or

8 more District of Columbia nonprofit organiza9 tions to enable such organizations to provide

10 technical assistance to eligible entities in the

11 areas of community development and coalition

12 building; and

13 ‘‘(ii) for the evaluation conducted pursuant

14 to paragraph (2).

15 ‘‘(B) The Secretary shall allocate 5 percent of the

16 amounts authorized under section 1002(b)(2) for any

17 fiscal year to enter into a contract with the National

18 Center for Family Literacy for the provision of tech19 nical assistance to eligible entities.

20 ‘‘(2) EVALUATION.—(A) The Secretary shall use

21 funds available under paragraph (1)(A)—

22 ‘‘(i) to provide for independent evaluations

23 of programs under this section in order to deter24 mine the effectiveness of such programs in pro-
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1 viding high quality family literacy services, in2 cluding—

3 ‘‘(I) intensive and high quality early

4 childhood education;

5 ‘‘(II) intensive and high quality serv6 ices in adult literacy or adult education;

7 ‘‘(III) intensive and high quality serv8 ices in parent training;

9 ‘‘(IV) coordination with related pro10 grams; and

11 ‘‘(V) training of related personnel in

12 appropriate skill areas; and

13 ‘‘(ii) to determine if the grant amount pro14 vided to eligible recipients to carry out such

15 projects is appropriate to accomplish the objec16 tives of this section.

17 ‘‘(B)(i) Such evaluation shall be conducted by

18 individuals not directly involved in the administra19 tion of a program operated with funds provided

20 under this section. Such independent evaluators and

21 the program administrators shall jointly develop eval22 uation criteria which provide for appropriate analy23 sis of the factors listed in subparagraph (A).

24 ‘‘(ii) In order to determine a program’s effective25 ness, each evaluation shall contain objective measures
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1 of such effectiveness, and whenever feasible, shall con2 tain the specific views of program participants about

3 such programs.

4 ‘‘(C) The Secretary shall prepare and submit to

5 the appropriate congressional committees a report re6 garding the results of such evaluations not later than

7 March 1, 1999. The Secretary shall provide an in8 terim report regarding the results of such evaluations

9 by March 1, 1998.’’.

10 Subtitle D—World Class Schools Task Force,

11 Core Curriculum, Content Standards, As12 sessments, and Promotion Gates

13 PART 1—WORLD CLASS SCHOOLS TASK FORCE,

14 CORE CURRICULUM, CONTENT STANDARDS,

15 AND ASSESSMENTS

16 SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION

17 REQUIRED.

18 (a) GRANT AUTHORIZED.—

19 (1) IN GENERAL.—The Superintendent is author20 ized to award a grant to a World Class Schools Task

21 Force to enable such task force to make the rec22 ommendation described in subsection (b).

23 (2) DEFINITION.—For the purpose of this sub24 title, the term ‘‘World Class Schools Task Force’’
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1 means 1 nonprofit organization located in the Dis2 trict of Columbia that—

3 (A) has a national reputation for advocat4 ing content standards;

5 (B) has a national reputation for advocat6 ing a strong liberal arts curriculum;

7 (C) has experience with at least 4 urban

8 school districts for the purpose of establishing

9 content standards;

10 (D) has developed and managed profes11 sional development programs in science, mathe12 matics, the humanities and the arts; and

13 (E) is governed by an independent board of

14 directors composed of citizens with a variety of

15 experiences in education and public policy.

16 (b) RECOMMENDATION REQUIRED.—

17 (1) IN GENERAL.—The World Class Schools Task

18 Force shall recommend to the Superintendent, the

19 Board of Education, and the District of Columbia

20 Goals Panel the following:

21 (A) Content standards in the core academic

22 subjects that are developed by working with the

23 District of Columbia community, which stand24 ards shall be developed not later than 12 months

25 after the date of enactment of this Act.
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1 (B) A core curriculum developed by working

2 with the District of Columbia community, which

3 curriculum shall include the teaching of com4 puter skills.

5 (C) Districtwide assessments for measuring

6 student achievement in accordance with content

7 standards developed under subparagraph (A).

8 Such assessments shall be developed at several

9 grade levels, including at a minimum, the grade

10 levels with respect to which the Superintendent

11 establishes promotion gates under section 2421.

12 To the extent feasible, such assessments shall, at

13 a minimum, be designed to provide information

14 that permits comparisons between—

15 (i) individual District of Columbia

16 public schools and public charter schools;

17 and

18 (ii) individual students attending such

19 schools.

20 (D) Model professional development pro21 grams for teachers using the standards and cur22 riculum developed under subparagraphs (A) and

23 (B).

24 (2) SPECIAL RULE.—The World Class Schools

25 Task Force is encouraged, to the extent practicable, to
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1 develop districtwide assessments described in para2 graph (1)(C) that permit comparisons among—

3 (A) individual District of Columbia public

4 schools and public charter schools, and individ5 ual students attending such schools; and

6 (B) students of other nations.

7 (c) CONTENT.—The content standards and assessments

8 recommended under subsection (b) shall be judged by the

9 World Class Schools Task Force to be world class, including

10 having a level of quality and rigor, or being analogous to

11 content standards and assessments of other States or na12 tions (including nations whose students historically score

13 high on international studies of student achievement).

14 (d) SUBMISSION TO BOARD OF EDUCATION FOR ADOP15 TION.—If the content standards, curriculum, assessments,

16 and programs recommended under subsection (b) are ap17 proved by the Superintendent, the Superintendent may sub18 mit such content standards, curriculum, assessments, and

19 programs to the Board of Education for adoption.

20 SEC. 2412. CONSULTATION.

21 The World Class Schools Task Force shall conduct its

22 duties under this part in consultation with—

23 (1) the District of Columbia Goals Panel;

24 (2) officials of the District of Columbia public

25 schools who have been identified by the Superintend-
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1 ent as having responsibilities relevant to this part, in2 cluding the Deputy Superintendent for Curriculum;

3 (3) the District of Columbia community, with

4 particular attention given to educators, and parent

5 and business organizations; and

6 (4) any other persons or groups that the task

7 force deems appropriate.

8 SEC. 2413. ADMINISTRATIVE PROVISIONS.

9 The World Class Schools Task Force shall ensure pub10 lic access to its proceedings (other than proceedings, or por11 tions of proceedings, relating to internal personnel and

12 management matters) that are relevant to its duties under

13 this part and shall make available to the public, at reason14 able cost, transcripts of such proceedings.

15 SEC. 2414. CONSULTANTS.

16 Upon the request of the World Class Schools Task

17 Force, the head of any department or agency of the Federal

18 Government may detail any of the personnel of such agency

19 to such task force to assist such task force in carrying out

20 such task force’s duties under this part.

21 SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated $2,000,000 for

23 fiscal year 1996 to carry out this part. Such funds shall

24 remain available until expended.
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1 PART 2—PROMOTION GATES

2 SEC. 2421. PROMOTION GATES.

3 (a) KINDERGARTEN THROUGH 4TH GRADE.—Not later

4 than one year after the date of adoption in accordance with

5 section 2411(d) of the assessments described in section

6 2411(b)(1)(C), the Superintendent shall establish and im7 plement promotion gates for mathematics, reading, and

8 writing, for not less than 1 grade level from kindergarten

9 through grade 4, including at least grade 4, and shall estab10 lish dates for establishing such other promotion gates for

11 other subject areas.

12 (b) 5TH THROUGH 8TH GRADES.—Not later than one

13 year after the adoption in accordance with section 2411(d)

14 of the assessments described in section 2411(b)(1)(C), the

15 Superintendent shall establish and implement promotion

16 gates with respect to not less than one grade level from grade

17 5 through grade 8, including at least grade 8.

18 (c) 9TH THROUGH 12TH GRADES.—Not later than one

19 year after the adoption in accordance with section 2411(d)

20 of the assessments described in section 2411(b)(1)(C), the

21 Superintendent shall establish and implement promotion

22 gates with respect to not less than one grade level from grade

23 9 through grade 12, including at least grade 12.
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1 Subtitle E—Per Capita District of

2 Columbia Public School and

3 Public Charter School Funding

4 SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

5 (a) IN GENERAL.—For fiscal year 1997 and for each

6 subsequent fiscal year, the Mayor shall make annual pay7 ments from the general fund of the District of Columbia

8 in accordance with the formula established under subsection

9 (b).

10 (b) FORMULA.—

11 (1) IN GENERAL.—The Mayor and the District of

12 Columbia Council, in consultation with the Board of

13 Education and the Superintendent, shall establish on

14 or before April 15, 1996, a formula to determine the

15 amount of—

16 (A) the annual payment to the Board of

17 Education for the operating expenses of the Dis18 trict of Columbia public schools, which for pur19 poses of this paragraph includes the operating

20 expenses of the Board of Education and the Of21 fice of the Superintendent; and

22 (B) the annual payment to each public

23 charter school for the operating expenses of each

24 public charter school.
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1 (2) FORMULA CALCULATION.—Except as pro2 vided in paragraph (3), the amount of the annual

3 payment under paragraph (1) shall be calculated by

4 multiplying a uniform dollar amount used in the for5 mula established under such paragraph by—

6 (A) the number of students calculated under

7 section 2502 that are enrolled at District of Co8 lumbia public schools, in the case of the payment

9 under paragraph (1)(A); or

10 (B) the number of students calculated under

11 section 2502 that are enrolled at each public

12 charter school, in the case of a payment under

13 paragraph (1)(B).

14 (3) EXCEPTIONS.—

15 (A) FORMULA.—Notwithstanding para16 graph (2), the Mayor and the District of Colum17 bia Council, in consultation with the Board of

18 Education and the Superintendent, may adjust

19 the formula to increase or decrease the amount

20 of the annual payment to the District of Colum21 bia public schools or each public charter school

22 based on a calculation of—

23 (i) the number of students served by

24 such schools in certain grade levels; and
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1 (ii) the cost of educating students at

2 such certain grade levels.

3 (B) PAYMENT.—Notwithstanding para4 graph (2), the Mayor and the District of Colum5 bia Council, in consultation with the Board of

6 Education and the Superintendent, may adjust

7 the amount of the annual payment under para8 graph (1) to increase the amount of such pay9 ment if a District of Columbia public school or

10 a public charter school serves a high number of

11 students—

12 (i) with special needs; or

13 (ii) who do not meet minimum literacy

14 standards.

15 SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

16 (a) SCHOOL REPORTING REQUIREMENT.—

17 (1) IN GENERAL.—Not later than September 15,

18 1996, and not later than September 15 of each year

19 thereafter, each District of Columbia public school

20 and public charter school shall submit a report to the

21 Mayor and the Board of Education containing the in22 formation described in subsection (b) that is applica23 ble to such school.

24 (2) SPECIAL RULE.—Not later than April 1,

25 1997, and not later than April 1 of each year there-
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1 after, each public charter school shall submit a report

2 in the same form and manner as described in para3 graph (1) to ensure accurate payment under section

4 2503(a)(2)(B)(ii).

5 (b) CALCULATION OF NUMBER OF STUDENTS.—Not

6 later than 30 days after the date of the enactment of this

7 Act, and not later than October 15 of each year thereafter,

8 the Board of Education shall calculate the following:

9 (1) The number of students, including non10 resident students and students with special needs, en11 rolled in each grade from kindergarten through grade

12 12 of the District of Columbia public schools and in

13 public charter schools, and the number of students

14 whose tuition for enrollment in other schools is paid

15 for with funds available to the District of Columbia

16 public schools.

17 (2) The amount of fees and tuition assessed and

18 collected from the nonresident students described in

19 paragraph (1).

20 (3) The number of students, including non21 resident students, enrolled in preschool and prekinder22 garten in the District of Columbia public schools and

23 in public charter schools.
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1 (4) The amount of fees and tuition assessed and

2 collected from the nonresident students described in

3 paragraph (3).

4 (5) The number of full time equivalent adult stu5 dents enrolled in adult, community, continuing, and

6 vocational education programs in the District of Co7 lumbia public schools and in public charter schools.

8 (6) The amount of fees and tuition assessed and

9 collected from resident and nonresident adult students

10 described in paragraph (5).

11 (7) The number of students, including non12 resident students, enrolled in nongrade level programs

13 in District of Columbia public schools and in public

14 charter schools.

15 (8) The amount of fees and tuition assessed and

16 collected from nonresident students described in para17 graph (7).

18 (c) ANNUAL REPORTS.—Not later than 30 days after

19 the date of the enactment of this Act, and not later than

20 October 15 of each year thereafter, the Board of Education

21 shall prepare and submit to the Authority, the Mayor, the

22 District of Columbia Council, the Consensus Commission,

23 the Comptroller General of the United States, and the ap24 propriate congressional committees a report containing a
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1 summary of the most recent calculations made under sub2 section (b).

3 (d) AUDIT OF INITIAL CALCULATIONS.—

4 (1) IN GENERAL.—The Board of Education shall

5 arrange with the Authority to provide for the conduct

6 of an independent audit of the initial calculations de7 scribed in subsection (b).

8 (2) CONDUCT OF AUDIT.—In conducting the

9 audit, the independent auditor—

10 (A) shall provide an opinion as to the accu11 racy of the information contained in the report

12 described in subsection (c); and

13 (B) shall identify any material weaknesses

14 in the systems, procedures, or methodology used

15 by the Board of Education—

16 (i) in determining the number of stu17 dents, including nonresident students, en18 rolled in the District of Columbia public

19 schools and in public charter schools, and

20 the number of students whose tuition for en21 rollment in other school systems is paid for

22 by funds available to the District of Colum23 bia public schools; and

24 (ii) in assessing and collecting fees and

25 tuition from nonresident students.
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1 (3) SUBMISSION OF AUDIT.—Not later than 45

2 days, or as soon thereafter as is practicable, after the

3 date on which the Authority receives the initial an4 nual report from the Board of Education under sub5 section (c), the Authority shall submit to the Board

6 of Education, the Mayor, the District of Columbia

7 Council, and the appropriate congressional commit8 tees, the audit conducted under this subsection.

9 (4) COST OF THE AUDIT.—The Board of Edu10 cation shall reimburse the Authority for the cost of the

11 independent audit, solely from amounts appropriated

12 to the Board of Education for staff, stipends, and

13 other-than-personal-services of the Board of Education

14 by an Act making appropriations for the District of

15 Columbia.

16 SEC. 2503. PAYMENTS.

17 (a) IN GENERAL.—

18 (1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—

19 Except as provided in subsection (b), for any fiscal

20 year, not later than 10 days after the date of enact21 ment of an Act making appropriations for the Dis22 trict of Columbia for such fiscal year, the Mayor shall

23 place in escrow an amount equal to the aggregate of

24 the amounts determined under section 2501(b)(1)(B)
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1 for use only by District of Columbia public charter

2 schools.

3 (2) TRANSFER OF ESCROW FUNDS.—

4 (A) INITIAL PAYMENT.—Not later than Oc5 tober 15, 1996, and not later than October 15 of

6 each year thereafter, the Mayor shall transfer, by

7 electronic funds transfer, an amount equal to 75

8 percent of the amount of the annual payment for

9 each public charter school determined by using

10 the formula established pursuant to section

11 2501(b) to a bank designated by such school.

12 (B) FINAL PAYMENT.—

13 (i) Except as provided in clause (ii),

14 not later than May 1, 1997, and not later

15 than May 1 of each year thereafter, the

16 Mayor shall transfer the remainder of the

17 annual payment for a public charter school

18 in the same manner as the initial payment

19 was made under subparagraph (A).

20 (ii) Not later than March 15, 1997,

21 and not later than March 15 of each year

22 thereafter, if the enrollment number of a

23 public charter school has changed from the

24 number reported to the Mayor and the

25 Board of Education, as required under sec-
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1 tion 2502(a), the Mayor shall increase the

2 payment in an amount equal to 50 percent

3 of the amount provided for each student

4 who has enrolled in such school in excess of

5 such enrollment number, or shall reduce the

6 payment in an amount equal to 50 percent

7 of the amount provided for each student

8 who has withdrawn or dropped out of such

9 school below such enrollment number.

10 (C) PRO RATA REDUCTION OR INCREASE IN

11 PAYMENTS.—

12 (i) PRO RATA REDUCTION.—If the

13 funds made available to the District of Co14 lumbia Government for the District of Co15 lumbia public school system and each public

16 charter school for any fiscal year are insuf17 ficient to pay the full amount that such sys18 tem and each public charter school is eligi19 ble to receive under this subtitle for such

20 year, the Mayor shall ratably reduce such

21 amounts for such year on the basis of the

22 formula described in section 2501(b).

23 (ii) INCREASE.—If additional funds

24 become available for making payments

25 under this subtitle for such fiscal year,
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1 amounts that were reduced under subpara2 graph (A) shall be increased on the same

3 basis as such amounts were reduced.

4 (D) UNEXPENDED FUNDS.—Any funds that

5 remain in the escrow account for public charter

6 schools on September 30 of a fiscal year shall re7 vert to the general fund of the District of Colum8 bia.

9 (b) EXCEPTION FOR NEW SCHOOLS.—

10 (1) AUTHORIZATION.—There are authorized to be

11 appropriated $200,000 for each fiscal year to carry

12 out this subsection.

13 (2) DISBURSEMENT TO MAYOR.—The Secretary

14 of the Treasury shall make available and disburse to

15 the Mayor, not later than August 1 of each of the fis16 cal years 1996 through 2000, such funds as have been

17 appropriated under paragraph (1).

18 (3) ESCROW.—The Mayor shall place in escrow,

19 for use by public charter schools, any sum disbursed

20 under paragraph (2) and not paid under paragraph

21 (4).

22 (4) PAYMENTS TO SCHOOLS.—The Mayor shall

23 pay to public charter schools described in paragraph

24 (5), in accordance with this subsection, any sum dis25 bursed under paragraph (2).
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1 (5) SCHOOLS DESCRIBED.—The schools referred

2 to in paragraph (4) are public charter schools that—

3 (A) did not operate as public charter schools

4 during any portion of the fiscal year preceding

5 the fiscal year for which funds are authorized to

6 be appropriated under paragraph (1); and

7 (B) operated as public charter schools dur8 ing the fiscal year for which funds are author9 ized to be appropriated under paragraph (1).

10 (6) FORMULA.—

11 (A) 1996.—The amount of the payment to

12 a public charter school described in paragraph

13 (5) that begins operation in fiscal year 1996

shall be calculated by multiplying $6,300 by 1 14 ⁄12

15 of the total anticipated enrollment as set forth in

16 the petition to establish the public charter school;

17 and

18 (B) 1997 THROUGH 2000.—The amount of

19 the payment to a public charter school described

20 in paragraph (5) that begins operation in any

21 of fiscal years 1997 through 2000 shall be cal22 culated by multiplying the uniform dollar

23 amount used in the formula established under

section 2501(b) by 1 24 ⁄12 of the total anticipated
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1 enrollment as set forth in the petition to establish

2 the public charter school.

3 (7) PAYMENT TO SCHOOLS.—

4 (A) TRANSFER.—On September 1 of each of

5 the years 1996 through 2000, the Mayor shall

6 transfer, by electronic funds transfer, the amount

7 determined under paragraph (6) for each public

8 charter school from the escrow account estab9 lished under subsection (a) to a bank designated

10 by each such school.

11 (B) PRO RATA AND REMAINING FUNDS.—

12 Subparagraphs (C) and (D) of subsection (a)(2)

13 shall apply to payments made under this sub14 section, except that for purposes of this subpara15 graph references to District of Columbia public

16 schools in such subparagraphs (C) and (D) shall

17 be read to refer to public charter schools.

18 Subtitle F—School Facilities Repair

19 and Improvement

20 SEC. 2550. DEFINITIONS.

21 For purposes of this subtitle—

22 (1) the term ‘‘facilities’’ means buildings, struc23 tures, and real property of the District of Columbia

24 public schools, except that such term does not include
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1 any administrative office building that is not located

2 in a building containing classrooms; and

3 (2) the term ‘‘repair and improvement’’ includes

4 administration, construction, and renovation.

5 PART 1—SCHOOL FACILITIES

6 SEC. 2551. TECHNICAL ASSISTANCE.

7 (a) IN GENERAL.—Not later than 90 days after the

8 date of enactment of this Act the Administrator of the Gen9 eral Services Administration shall enter into a Memoran10 dum of Agreement or Understanding (referred to in this

11 subtitle as the ‘‘Agreement’’) with the Superintendent re12 garding the terms under which the Administrator will pro13 vide technical assistance and related services with respect

14 to District of Columbia public schools facilities manage15 ment in accordance with this section.

16 (b) TECHNICAL ASSISTANCE AND RELATED SERV17 ICES.—The technical assistance and related services de18 scribed in subsection (a) shall include—

19 (1) the Administrator consulting with and advis20 ing District of Columbia public school personnel re21 sponsible for public schools facilities management, in22 cluding repair and improvement with respect to fa23 cilities management of such schools;

24 (2) the Administrator assisting the Superintend25 ent in developing a systemic and comprehensive fa-
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1 cilities revitalization program, for the repair and im2 provement of District of Columbia public school fa3 cilities, which program shall—

4 (A) include a list of facilities to be repaired

5 and improved in a recommended order of prior6 ity;

7 (B) provide the repair and improvement re8 quired to support modern technology; and

9 (C) take into account the Preliminary Fa10 cilities Master Plan 2005 (prepared by the Su11 perintendent’s Task Force on Education Infra12 structure for the 21st Century);

13 (3) the method by which the Superintendent will

14 accept donations of private goods and services for use

15 by the District of Columbia public schools without re16 gard to any law or regulation of the District of Co17 lumbia;

18 (4) the Administrator recommending specific re19 pair and improvement projects in District of Colum20 bia public school facilities to the Superintendent that

21 are appropriate for completion by members and units

22 of the National Guard and the Reserves in accordance

23 with the program developed under paragraph (2);

24 (5) upon the request of the Superintendent, the

25 Administrator assisting the appropriate District of
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1 Columbia public school officials in the preparation of

2 an action plan for the performance of any repair and

3 improvement recommended in the program developed

4 under paragraph (2), which action plan shall detail

5 the technical assistance and related services the Ad6 ministrator proposes to provide in the accomplish7 ment of the repair and improvement;

8 (6) upon the request of the Superintendent, and

9 if consistent with the efficient use of resources as de10 termined by the Administrator, the coordination of

11 the accomplishment of any repair and improvement

12 in accordance with the action plan prepared under

13 paragraph (5), except that in carrying out this para14 graph, the Administrator shall not be subject to the

15 requirements of title III of the Federal Property and

16 Administrative Services Act of 1949 (41 U.S.C. 251

17 et seq.), the Office of Federal Procurement Policy Act

18 (41 U.S.C. 401 et seq.), nor shall such action plan be

19 subject to review under the bid protest procedures de20 scribed in sections 3551 through 3556 of title 31,

21 United States Code, or the Contract Disputes Act of

22 1978 (41 U.S.C. 601 et seq.);

23 (7) providing access for the Administrator to all

24 District of Columbia public school facilities as well as

25 permitting the Administrator to request and obtain
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1 any record or document regarding such facilities as

2 the Administrator determines necessary, except that

3 any such record or document shall not become a

4 record (as defined in section 552a of title 5, United

5 States Code) of the General Services Administration;

6 and

7 (8) the Administrator making recommendations

8 regarding how District of Columbia public school fa9 cilities may be used by the District of Columbia com10 munity for multiple purposes.

11 (c) AGREEMENT PROVISIONS.—The Agreement shall

12 include—

13 (1) the procedures by which the Superintendent

14 and Administrator will consult with respect to carry15 ing out this section, including reasonable time frames

16 for such consultation;

17 (2) the scope of the technical assistance and re18 lated services to be provided by the General Services

19 Administration in accordance with this section;

20 (3) assurances by the Administrator and the Su21 perintendent to cooperate with each other in any way

22 necessary to ensure implementation of the Agreement,

23 including assurances that funds available to the Dis24 trict of Columbia shall be used to pay the obligations

25 of the District of Columbia public school system that
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1 are incurred as a result of actions taken under, or in

2 furtherance of, the Agreement, in addition to funds

3 available to the Administrator for purposes of this

4 section; and

5 (4) the duration of the Agreement, except that in

6 no event shall the Agreement remain in effect later

7 than the day that is 24 months after the date that the

8 Agreement is signed, or the day that the agency des9 ignated pursuant to section 2552(a)(2) assumes re10 sponsibility for the District of Columbia public school

11 facilities, whichever day is earlier.

12 (d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—No

13 claim, suit, or action may be brought against the Adminis14 trator in connection with the discharge of the Administra15 tor’s responsibilities under this subtitle.

16 (e) SPECIAL RULE.—Notwithstanding any other pro17 vision of law, the Administrator is authorized to accept and

18 use a conditioned gift made for the express purpose of re19 pairing or improving a District of Columbia public school,

20 except that the Administrator shall not be required to carry

21 out any repair or improvement under this section unless

22 the Administrator accepts a donation of private goods or

23 services sufficient to cover the costs of such repair or im24 provement.
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1 (f) EFFECTIVE DATE.—This subtitle shall cease to be

2 effective on the earlier day specified in subsection (c)(4).

3 SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

4 (a) PROGRAM.—Not later than 24 months after the

5 date that the Agreement is signed, the Mayor and the Dis6 trict of Columbia Council in consultation with the Admin7 istrator, the Authority, the Board of Education, and the

8 Superintendent, shall—

9 (1) design and implement a comprehensive long10 term program for the repair and improvement, and

11 maintenance and management, of the District of Co12 lumbia public school facilities, which program shall

13 incorporate the work completed in accordance with

14 the program described in section 2551(b)(2); and

15 (2) designate a new or existing agency or au16 thority within the District of Columbia Government

17 to administer such program.

18 (b) PROCEEDS.—Such program shall include—

19 (1) identifying short-term funding for capital

20 and maintenance of facilities, which may include re21 taining proceeds from the sale or lease of a District

22 of Columbia public school facility; and

23 (2) identifying and designating long-term fund24 ing for capital and maintenance of facilities.
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1 (c) IMPLEMENTATION.—Upon implementation of such

2 program, the agency or authority created or designated pur3 suant to subsection (a)(2) shall assume authority and re4 sponsibility for the repair and improvement, and mainte5 nance and management, of District of Columbia public

6 schools.

7 SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR EN8 GINEERING PLANS.

9 There are authorized to be appropriated to the Admin10 istrator, $500,000 for fiscal year 1996, which funds only

11 shall be available for the costs of engineering plans devel12 oped to carry out this subtitle.

13 PART 2—WAIVERS

14 SEC. 2561. WAIVERS.

15 (a) IN GENERAL.—

16 (1) REQUIREMENTS WAIVED.—Subject to sub17 section (b), all District of Columbia fees and all re18 quirements contained in the document entitled ‘‘Dis19 trict of Columbia Public Schools Standard Contract

20 Provisions’’ (as such document was in effect on No21 vember 2, 1995 and including any revisions or modi22 fications to such document) published by the District

23 of Columbia public schools for use with construction

24 or maintenance projects, are waived, for purposes of

25 repair and improvement of District of Columbia pub-
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1 lic schools facilities for a period beginning on the date

2 of enactment of this Act and ending 24 months after

3 such date.

4 (2) DONATIONS.—An employer may accept, and

5 persons may voluntarily donate, materials and serv6 ices for the repair and improvement of a District of

7 Columbia public school facility: Provided, That the

8 provision of voluntary labor meets the requirements of

9 29 U.S.C. 203(e)(4).

10 (b) LIMITATION.—A waiver under subsection (a) shall

11 not apply to requirements under 40 U.S.C. 276a–276a–7.

12 PART 3—GIFTS, DONATIONS, BEQUESTS, AND

13 DEVISES

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

15 (a) IN GENERAL.—A District of Columbia public

16 school or a public charter school may accept directly from

17 any person a gift, donation, bequest, or devise of any prop18 erty, real or personal, without regard to any law or regula19 tion of the District of Columbia.

20 (b) TAX LAWS.—For the purposes of the income tax,

21 gift tax, and estate tax laws of the Federal Government,

22 any money or other property given, donated, bequeathed,

23 or devised to a District of Columbia public school or a pub24 lic charter school, shall be deemed to have been given, do-
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1 nated, bequeathed, or devised to or for the use of the District

2 of Columbia.

3 Subtitle G—Residential School

4 SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

5 (a) IN GENERAL.—The Superintendent is authorized

6 to develop a plan to establish for the District of Columbia

7 a residential school for academic year 1997–1998 and to

8 assist in the startup of such school.

9 (b) PLAN REQUIREMENTS.—If developed, the plan for

10 the residential school shall include, at a minimum—

11 (1) options for the location of the school, includ12 ing the renovation or construction of a facility;

13 (2) financial plans for the facility, including an14 nual costs to operate the school, capital expenditures

15 required to open the facility, maintenance of facili16 ties, and staffing costs; and

17 (3) staff development and training plans.

18 SEC. 2602. USE OF FUNDS.

19 Funds under this subtitle may be used—

20 (1) to develop the plan described in section 2601;

21 and

22 (2) for capital costs associated with the startup

23 of a residential school, including the purchase of real

24 and personal property and the renovation or con25 struction of facilities.
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1 SEC. 2603. FUTURE FUNDING.

2 The Superintendent shall identify, not later than De3 cember 31, 1996, in a report to the Mayor, the District of

4 Columbia Council, the Authority, and the appropriate con5 gressional committees, non-Federal funding sources for the

6 operation of the residential school.

7 SEC. 2604. GIFTS.

8 The Superintendent may accept donations of money,

9 property, and personal services for purposes of the establish10 ment and operation of the residential school.

11 SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

12 (a) PLAN.—There are authorized to be appropriated

13 to the District of Columbia $100,000 for fiscal year 1996

14 to develop the plan described in section 2601.

15 (b) CAPITAL COSTS.—There are authorized to be ap16 propriated $1,900,000 for fiscal year 1997 to carry out sec17 tion 2602(2).

18 Subtitle H—Progress Reports and

19 Accountability

20 SEC. 2651. SUPERINTENDENT’S REPORT ON REFORMS.

21 Not later than December 1, 1996, the Superintendent

22 shall submit to the appropriate congressional committees,

23 the Board of Education, the Mayor, the Consensus Commis24 sion, and the District of Columbia Council a report regard25 ing the progress of the District of Columbia public schools

26 toward achieving the goals of the long-term reform plan.
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1 SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

2 Not later than April 1, 1997, the Chairperson of the

3 District of Columbia Council shall submit to the appro4 priate congressional committees a report describing legisla5 tive and other actions the District of Columbia Council has

6 taken or will take to facilitate the implementation of the

7 goals of the long-term reform plan.

8 Subtitle I—Partnerships With

9 Business

10 SEC. 2701. PURPOSE.

11 The purpose of this subtitle is—

12 (1) to leverage private sector funds utilizing ini13 tial Federal investments in order to provide students

14 and teachers within the District of Columbia public

15 schools and public charter schools with access to state16 of-the-art educational technology;

17 (2) to establish a regional job training and em18 ployment center;

19 (3) to strengthen workforce preparation initia20 tives for students within the District of Columbia

21 public schools and public charter schools;

22 (4) to coordinate private sector investments in

23 carrying out this title; and

24 (5) to assist the Superintendent with the develop25 ment of individual career paths in accordance with

26 the long-term reform plan.
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1 SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DIS2 TRICT OF COLUMBIA PUBLIC SCHOOLS.

3 Not later than 45 days after the date of the enactment

4 of this Act, the Superintendent shall provide a grant to a

5 private, nonprofit corporation that meets the eligibility cri6 teria under section 2703 for the purposes of carrying out

7 the duties under sections 2704 and 2707.

8 SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NON9 PROFIT CORPORATION.

10 A private, nonprofit corporation shall be eligible to re11 ceive a grant under section 2702 if the corporation is a

12 national business organization incorporated in the District

13 of Columbia, that—

14 (1) has a board of directors which includes mem15 bers who are also chief executive officers of technology16 related corporations involved in education and

17 workforce development issues;

18 (2) has extensive practical experience with ini19 tiatives that link business resources and expertise

20 with education and training systems;

21 (3) has experience in working with State and

22 local educational agencies throughout the United

23 States with respect to the integration of academic

24 studies with workforce preparation programs; and
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1 (4) has a nationwide structure through which

2 additional resources can be leveraged and innovative

3 practices disseminated.

4 SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORA5 TION.

6 (a) DISTRICT EDUCATION AND LEARNING TECH7 NOLOGIES ADVANCEMENT COUNCIL.—

8 (1) ESTABLISHMENT.—The private, nonprofit

9 corporation shall establish a council to be known as

10 the ‘‘District Education and Learning Technologies

11 Advancement Council’’ (in this subtitle referred to as

12 the ‘‘council’’).

13 (2) MEMBERSHIP.—

14 (A) IN GENERAL.—The private, nonprofit

15 corporation shall appoint members to the coun16 cil. An individual shall be appointed as a mem17 ber to the council on the basis of the commitment

18 of the individual, or the entity which the indi19 vidual is representing, to providing time, energy,

20 and resources to the council.

21 (B) COMPENSATION.—Members of the coun22 cil shall serve without compensation.

23 (3) DUTIES.—The council—

24 (A) shall advise the private, nonprofit cor25 poration with respect to the duties of the cor-
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1 poration under subsections (b) through (e) of this

2 section; and

3 (B) shall assist the corporation in

4 leveraging private sector resources for the pur5 pose of carrying out such duties.

6 (b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL

7 TECHNOLOGY.—

8 (1) IN GENERAL.—The private, nonprofit cor9 poration, in conjunction with the Superintendent,

10 students, parents, and teachers, shall establish and

11 implement strategies to ensure access to state-of-the12 art educational technology within the District of Co13 lumbia public schools and public charter schools.

14 (2) ELECTRONIC DATA TRANSFER SYSTEM.—The

15 private, nonprofit corporation shall assist the Super16 intendent in acquiring the necessary equipment, in17 cluding computer hardware and software, to establish

18 an electronic data transfer system. The private, non19 profit corporation shall also assist in arranging for

20 training of District of Columbia public school em21 ployees in using such equipment.

22 (3) TECHNOLOGY ASSESSMENT.—

23 (A) IN GENERAL.—In establishing and im24 plementing the strategies under paragraph (1),

25 the private, nonprofit corporation, not later than
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1 September 1, 1996, shall provide for an assess2 ment of the availability, on the date of enact3 ment of this Act, of state-of-the-art educational

4 technology within the District of Columbia pub5 lic schools and public charter schools.

6 (B) CONDUCT OF ASSESSMENT.—In provid7 ing for the assessment under subparagraph (A),

8 the private, nonprofit corporation—

9 (i) shall provide for onsite inspections

10 of the state-of-the-art educational technology

11 within a minimum sampling of District of

12 Columbia public schools and public charter

13 schools; and

14 (ii) shall ensure proper input from stu15 dents, parents, teachers, and other school of16 ficials through the use of focus groups and

17 other appropriate mechanisms.

18 (C) RESULTS OF ASSESSMENT.—The pri19 vate, nonprofit corporation shall ensure that the

20 assessment carried out under this paragraph

21 provides, at a minimum, necessary information

22 on state-of-the-art educational technology within

23 the District of Columbia public schools and pub24 lic charter schools, including—
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1 (i) the extent to which typical District

2 of Columbia public schools have access to

3 such state-of-the-art educational technology

4 and training for such technology;

5 (ii) how such schools are using such

6 technology;

7 (iii) the need for additional technology

8 and the need for infrastructure for the im9 plementation of such additional technology;

10 (iv) the need for computer hardware,

11 software, training, and funding for such ad12 ditional technology or infrastructure; and

13 (v) the potential for computer linkages

14 among District of Columbia public schools

15 and public charter schools.

16 (4) SHORT-TERM TECHNOLOGY PLAN.—

17 (A) IN GENERAL.—Based upon the results

18 of the technology assessment under paragraph

19 (3), the private, nonprofit corporation shall de20 velop a 3-year plan that includes goals, prior21 ities, and strategies for obtaining the resources

22 necessary to implement strategies to ensure ac23 cess to state-of-the-art educational technology

24 within the District of Columbia public schools

25 and public charter schools.
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1 (B) IMPLEMENTATION.—The private, non2 profit corporation, in conjunction with schools,

3 students, parents, and teachers, shall implement

4 the plan developed under subparagraph (A).

5 (5) LONG-TERM TECHNOLOGY PLAN.—Prior to

6 the completion of the implementation of the short7 term technology plan under paragraph (4), the pri8 vate, nonprofit corporation shall develop a plan under

9 which the corporation will continue to coordinate the

10 donation of private sector resources for maintaining

11 the continuous improvement and upgrading of state12 of-the-art educational technology within the District

13 of Columbia public schools and public charter schools.

14 (c) DISTRICT EMPLOYMENT AND LEARNING CEN15 TER.—

16 (1) ESTABLISHMENT.—The private, nonprofit

17 corporation shall establish a center to be known as the

18 ‘‘District Employment and Learning Center’’ (in this

19 subtitle referred to as the ‘‘center’’), which shall serve

20 as a regional institute providing job training and

21 employment assistance.

22 (2) DUTIES.—

23 (A) JOB TRAINING AND EMPLOYMENT AS24 SISTANCE PROGRAM.—The center shall establish

25 a program to provide job training and employ-
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1 ment assistance in the District of Columbia and

2 shall coordinate with career preparation pro3 grams in existence on the date of enactment of

4 this Act, such as vocational education, school-to5 work, and career academies in the District of Co6 lumbia public schools.

7 (B) CONDUCT OF PROGRAM.—In carrying

8 out the program established under subparagraph

9 (A), the center—

10 (i) shall provide job training and em11 ployment assistance to youths who have at12 tained the age of 18 but have not attained

13 the age of 26, who are residents of the Dis14 trict of Columbia, and who are in need of

15 such job training and employment assist16 ance for an appropriate period not to ex17 ceed 2 years;

18 (ii) shall work to establish partnerships

19 and enter into agreements with appropriate

20 agencies of the District of Columbia Govern21 ment to serve individuals participating in

22 appropriate Federal programs, including

23 programs under the Job Training Partner24 ship Act (29 U.S.C. 1501 et seq.), the Job

25 Opportunities and Basic Skills Training
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1 Program under part F of title IV of the So2 cial Security Act (42 U.S.C. 681 et seq.),

3 the Carl D. Perkins Vocational and Applied

4 Technology Education Act (20 U.S.C. 2301

5 et seq.), and the School-to-Work Opportuni6 ties Act of 1994 (20 U.S.C. 6101 et seq.);

7 (iii) shall conduct such job training, as

8 appropriate, through a consortium of col9 leges, universities, community colleges, busi10 nesses, and other appropriate providers, in

11 the District of Columbia metropolitan area;

12 (iv) shall design modular training pro13 grams that allow students to enter and leave

14 the training curricula depending on their

15 opportunities for job assignments with em16 ployers; and

17 (v) shall utilize resources from busi18 nesses to enhance work-based learning op19 portunities and facilitate access by students

20 to work-based learning and work experience

21 through temporary work assignments with

22 employers in the District of Columbia met23 ropolitan area.

24 (C) COMPENSATION.—The center may pro25 vide compensation to youths participating in the
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1 program under this paragraph for part-time

2 work assigned in conjunction with training.

3 Such compensation may include need-based pay4 ments and reimbursement of expenses.

5 (d) WORKFORCE PREPARATION INITIATIVES.—

6 (1) IN GENERAL.—The private, nonprofit cor7 poration shall establish initiatives with the District of

8 Columbia public schools, and public charter schools,

9 appropriate governmental agencies, and businesses

10 and other private entities, to facilitate the integration

11 of rigorous academic studies with workforce prepara12 tion programs in District of Columbia public schools

13 and public charter schools.

14 (2) CONDUCT OF INITIATIVES.—In carrying out

15 the initiatives under paragraph (1), the private, non16 profit corporation shall, at a minimum, actively de17 velop, expand, and promote the following programs:

18 (A) Career academy programs in secondary

19 schools, as such programs are established in cer20 tain District of Columbia public schools, which

21 provide a school-within-a-school concept, focusing

22 on career preparation and the integration of the

23 academy programs with vocational and technical

24 curriculum.
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1 (B) Programs carried out in the District of

2 Columbia that are funded under the School-to3 Work Opportunities Act of 1994 (20 U.S.C. 6101

4 et seq.).

5 (e) PROFESSIONAL DEVELOPMENT PROGRAM FOR

6 TEACHERS AND ADMINISTRATORS.—

7 (1) ESTABLISHMENT OF PROGRAM.—The private,

8 nonprofit corporation shall establish a consortium

9 consisting of the corporation, teachers, school admin10 istrators, and the consortium of universities located

11 in the District of Columbia (in existence on the date

12 of the enactment of this Act), for the purpose of estab13 lishing a program for the professional development of

14 teachers and school administrators employed by the

15 District of Columbia public schools and public charter

16 schools.

17 (2) CONDUCT OF PROGRAM.—In carrying out the

18 program established under paragraph (1), the consor19 tium established under such paragraph, in consulta20 tion with the task force established under subtitle D

21 and the Superintendent, at a minimum, shall provide

22 for the following:

23 (A) Professional development for teachers

24 consistent with the model professional develop25 ment programs for teachers under section
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1 2411(b)(4), or consistent with the core curricu2 lum developed by the Superintendent under sec3 tion 2411(b)(2), as the case may be, except that

4 for fiscal year 1996, such professional develop5 ment shall focus on curriculum for elementary

6 school grades in reading and mathematics that

7 have been demonstrated to be effective for stu8 dents from low-income backgrounds.

9 (B) Professional development for principals,

10 with a special emphasis on middle school prin11 cipals, focusing on effective practices that reduce

12 the number of students who drop out of school.

13 (C) Private sector training of teachers in

14 the use, application, and operation of state-of15 the-art technology in education.

16 (D) Training for school principals and

17 other school administrators in effective private

18 sector management practices for the purpose of

19 site-based management in the District of Colum20 bia public schools, and training in the manage21 ment of public charter schools established in ac22 cordance with this title.

23 SEC. 2705. MATCHING FUNDS.

24 The private, nonprofit corporation, to the extent prac25 ticable, shall provide matching funds, or in-kind contribu-
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1 tions, or a combination thereof, for the purpose of carrying

2 out the duties of the corporation under section 2704, as fol3 lows:

4 (1) For fiscal year 1996, the nonprofit corpora5 tion shall provide matching funds or in-kind con6 tributions of $1 for every $1 of Federal funds pro7 vided under this subtitle for such year for activities

8 under section 2704.

9 (2) For fiscal year 1997, the nonprofit corpora10 tion shall provide matching funds or in-kind con11 tributions of $3 for every $1 of Federal funds pro12 vided under this subtitle for such year for activities

13 under section 2704.

14 (3) For fiscal year 1998, the nonprofit corpora15 tion shall provide matching funds or in-kind con16 tributions of $5 for every $1 of Federal funds pro17 vided under this subtitle for such year for activities

18 under section 2704.

19 SEC. 2706. REPORT.

20 The private, nonprofit corporation shall prepare and

21 submit to the appropriate congressional committees on a

22 quarterly basis, or, with respect to fiscal year 1996, on a

23 biannual basis, a report which shall contain—

24 (1) the activities the corporation has carried out,

25 including the duties of the corporation described in
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1 section 2704, for the 3-month period ending on the

2 date of the submission of the report, or, with respect

3 to fiscal year 1996, the 6-month period ending on the

4 date of the submission of the report;

5 (2) an assessment of the use of funds or other re6 sources donated to the corporation;

7 (3) the results of the assessment carried out

8 under section 2704(b)(3); and

9 (4) a description of the goals and priorities of

10 the corporation for the 3-month period beginning on

11 the date of the submission of the report, or, with re12 spect to fiscal year 1996, the 6-month period begin13 ning on the date of the submission of the report.

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

15 (a) IN GENERAL.—The nonprofit corporation shall es16 tablish a program, to be known as the ‘‘Jobs for D.C. Grad17 uates Program’’, to assist District of Columbia public

18 schools and public charter schools in organizing and imple19 menting a school-to-work transition system, which system

20 shall give priority to providing assistance to at-risk youths

21 and disadvantaged youths.

22 (b) CONDUCT OF PROGRAM.—In carrying out the pro23 gram established under subsection (a), the nonprofit cor24 poration, consistent with the policies of the nationally rec25 ognized Jobs for America’s Graduates, Inc., shall—
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1 (1) establish performance standards for such pro2 gram;

3 (2) provide ongoing enhancement and improve4 ments in such program;

5 (3) provide research and reports on the results of

6 such program; and

7 (4) provide preservice and inservice training.

8 SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

9 (a) AUTHORIZATION.—

10 (1) DELTA COUNCIL; ACCESS TO STATE-OF-THE11 ART EDUCATIONAL TECHNOLOGY; AND WORKFORCE

12 PREPARATION INITIATIVES.—There are authorized to

13 be appropriated to carry out subsections (a), (b), and

14 (d) of section 2704, $1,000,000 for each of the fiscal

15 years 1996, 1997, and 1998.

16 (2) DEAL CENTER.—There are authorized to be

17 appropriated to carry out section 2704(c), $2,000,000

18 for each of the fiscal years 1996, 1997, and 1998.

19 (3) PROFESSIONAL DEVELOPMENT PROGRAM FOR

20 TEACHERS AND ADMINISTRATORS.—There are author21 ized to be appropriated to carry out section 2704(e),

22 $1,000,000 for each of the fiscal years 1996, 1997,

23 and 1998.
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1 (4) JOBS FOR D.C. GRADUATES PROGRAM.—

2 There are authorized to be appropriated to carry out

3 section 2707—

4 (A) $2,000,000 for fiscal year 1996; and

5 (B) $3,000,000 for each of the fiscal years

6 1997 through 2000.

7 (b) AVAILABILITY.—Amounts authorized to be appro8 priated under subsection (a) are authorized to remain

9 available until expended.

10 SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF

11 THE CONGRESS RELATING TO CONTINU12 ATION OF ACTIVITIES.

13 (a) TERMINATION OF FEDERAL SUPPORT.—The au14 thority under this subtitle to provide assistance to the pri15 vate, nonprofit corporation or any other entity established

16 pursuant to this subtitle shall terminate on October 1, 1998.

17 (b) SENSE OF THE CONGRESS RELATING TO CONTINU18 ATION OF ACTIVITIES.—It is the sense of the Congress

19 that—

20 (1) the activities of the private, nonprofit cor21 poration under section 2704 should continue to be

22 carried out after October 1, 1998, with resources made

23 available from the private sector; and

24 (2) the corporation should provide oversight and

25 coordination for such activities after such date.
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1 Subtitle J—Management and Fiscal

2 Accountability

3 SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

4 (a) FOOD SERVICES AND SECURITY SERVICES.—Not5 withstanding any other law, rule, or regulation, the Board

6 of Education shall enter into a contract for academic year

7 1995–1996 and each succeeding academic year, for the pro8 vision of all food services operations and security services

9 for the District of Columbia public schools, unless the Su10 perintendent determines that it is not feasible and provides

11 the Superintendent’s reasons in writing to the Board of

12 Education and the Authority.

13 (b) DEVELOPMENT OF NEW MANAGEMENT AND DATA

14 SYSTEMS.—Notwithstanding any other law, rule, or regula15 tion, the Board of Education shall, in academic year 1995–

16 1996, consult with the Authority on the development of new

17 management and data systems, as well as training of per18 sonnel to use and manage the systems in areas of budget,

19 finance, personnel and human resources, management in20 formation services, procurement, supply management, and

21 other systems recommended by the Authority. Such plans

22 shall be consistent with, and contemporaneous to, the Dis23 trict of Columbia Government’s development and imple24 mentation of a replacement for the financial management
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1 system for the District of Columbia Government in use on

2 the date of enactment of this Act.

3 SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

4 (a) IN GENERAL.—The Board of Education shall an5 nually compile an accurate and verifiable report on the po6 sitions and employees in the District of Columbia public

7 school system. The annual report shall set forth—

8 (1) the number of validated schedule A positions

9 in the District of Columbia public schools for fiscal

10 year 1995, fiscal year 1996, and thereafter on a full11 time equivalent basis, including a compilation of all

12 positions by control center, responsibility center,

13 funding source, position type, position title, pay plan,

14 grade, and annual salary; and

15 (2) a compilation of all employees in the District

16 of Columbia public schools as of December 31, of the

17 year preceding the year for which the report is made,

18 verified as to its accuracy in accordance with the

19 functions that each employee actually performs, by

20 control center, responsibility center, agency reporting

21 code, program (including funding source), activity,

22 location for accounting purposes, job title, grade and

23 classification, annual salary, and position control

24 number.
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1 (b) SUBMISSION.—The annual report required by sub2 section (a) shall be submitted to the Congress, the Mayor,

3 the District of Columbia Council, the Consensus Commis4 sion, and the Authority, not later than February 8, 1996,

5 and each February 8 thereafter.

6 SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

7 (a) IN GENERAL.—Not later than October 1, 1996, or

8 prior to 15 calendar days after the date of the enactment

9 of the District of Columbia Appropriations Act, 1996,

10 whichever occurs first, and each succeeding year thereafter,

11 the Board of Education shall submit to the appropriate con12 gressional committees, the Mayor, the District of Columbia

13 Council, the Consensus Commission, and the Authority, a

14 revised appropriated funds operating budget for the District

15 of Columbia public school system for such fiscal year that

16 is consistent with the total amount appropriated in an Act

17 making appropriations for the District of Columbia for

18 such fiscal year and that realigns budgeted data for per19 sonal services and other than personal services, with antici20 pated actual expenditures.

21 (b) SUBMISSION.—The revised budget required by sub22 section (a) shall be submitted in the format of the budget

23 that the Board of Education submits to the Mayor for inclu24 sion in the Mayor’s budget submission to the District of

25 Columbia Council pursuant to section 442 of the District
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1 of Columbia Self-Government and Governmental Reorga2 nization Act, Public Law 93–198 (D.C. Code, sec. 47–301).

3 SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

4 (a) IN GENERAL.—The budget, financial-accounting,

5 personnel, payroll, procurement, and management informa6 tion systems of the District of Columbia public schools shall

7 be coordinated and interface with related systems of the Dis8 trict of Columbia Government.

9 (b) ACCESS.—The Board of Education shall provide

10 read-only access to its internal financial management sys11 tems and all other data bases to designated staff of the

12 Mayor, the Council, the Authority, and appropriate con13 gressional committees.

14 SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET

15 REQUEST.

16 (a) IN GENERAL.—The Board of Education shall de17 velop its fiscal year 1997 gross operating budget and its

18 fiscal year 1997 appropriated funds budget request in ac19 cordance with this section.

20 (b) FISCAL YEAR 1996 BUDGET REVISION.—Not later

21 than February 15, 1996, the Board of Education shall de22 velop, approve, and submit to the Mayor, the District of

23 Columbia Council, the Authority, and appropriate congres24 sional committees, a revised fiscal year 1996 gross operat-
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1 ing budget that reflects the amount appropriated in the Dis2 trict of Columbia Appropriations Act, 1996, and which—

3 (1) is broken out on the basis of appropriated

4 funds and nonappropriated funds, control center, re5 sponsibility center, agency reporting code, object class,

6 and object; and

7 (2) indicates by position title, grade, and agency

8 reporting code, all staff allocated to each District of

9 Columbia public school as of October 15, 1995, and

10 indicates on an object class basis all other-than-per11 sonal-services financial resources allocated to each

12 school.

13 (c) ZERO-BASE BUDGET.—For fiscal year 1997, the

14 Board of Education shall build its gross operating budget

15 and appropriated funds request from a zero-base, starting

16 from the local school level through the central office level.

17 (d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of

18 Education’s initial fiscal year 1997 gross operating budget

19 and appropriated funds budget request submitted to the

20 Mayor, the District of Columbia Council, and the Authority

21 shall contain school-by-school budgets and shall also—

22 (1) be broken out on the basis of appropriated

23 funds and nonappropriated funds, control center, re24 sponsibility center, agency reporting code, object class,

25 and object;
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1 (2) indicate by position title, grade, and agency

2 reporting code all staff budgeted for each District of

3 Columbia public school, and indicate on an object

4 class basis all other-than-personal-services financial

5 resources allocated to each school; and

6 (3) indicate the amount and reason for all

7 changes made to the initial fiscal year 1997 gross op8 erating budget and appropriated funds request from

9 the revised fiscal year 1996 gross operating budget re10 quired by subsection (b).

11 SEC. 2756. TECHNICAL AMENDMENTS.

12 Section 1120A of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 6322) is amended—

14 (1) in subsection (b)(1), by—

15 (A) striking ‘‘(A) Except as provided in

16 subparagraph (B), a State’’ and inserting ‘‘A

17 State’’; and

18 (B) striking subparagraph (B); and

19 (2) by adding at the end thereof the following

20 new subsection:

21 ‘‘(d) EXCLUSION OF FUNDS.—For the purpose of com22 plying with subsections (b) and (c), a State or local edu23 cational agency may exclude supplemental State or local

24 funds expended in any school attendance area or school for

25 programs that meet the intent and purposes of this part.’’.
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1 Subtitle K—Personal Accountability

2 and Preservation of School3 Based Resources

4 SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSI5 TIONS.

6 (a) RESTRICTIONS ON REDUCTIONS OF SCHOOL7 BASED EMPLOYEES.—To the extent that a reduction in the

8 number of full-time equivalent positions for the District of

9 Columbia public schools is required to remain within the

10 number of full-time equivalent positions established for the

11 public schools in appropriations Acts, no reductions shall

12 be made from the full-time equivalent positions for school13 based teachers, principals, counselors, librarians, or other

14 school-based educational positions that were established as

15 of the end of fiscal year 1995, unless the Authority makes

16 a determination based on student enrollment that—

17 (1) fewer school-based positions are needed to

18 maintain established pupil-to-staff ratios; or

19 (2) reductions in positions for other than school20 based employees are not practicable.

21 (b) DEFINITION.—The term ‘‘school-based educational

22 position’’ means a position located at a District of Colum23 bia public school or other position providing direct support

24 to students at such a school, including a position for a cleri-
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1 cal, stenographic, or secretarial employee, but not including

2 any part-time educational aide position.

3 SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION RE4 DUCTION-IN-FORCE PROCEDURES.

5 The District of Columbia Government Comprehensive

6 Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.)

7 is amended—

8 (1) in section 301 (D.C. Code, sec. 1.603.1)—

9 (A) by inserting after paragraph (13), the

10 following new paragraph:

11 ‘‘(13A) The term ‘nonschool-based personnel’

12 means any employee of the District of Columbia pub13 lic schools who is not based at a local school or who

14 does not provide direct services to individual stu15 dents.’’; and

16 (B) by inserting after paragraph (15), the

17 following new paragraph:

18 ‘‘(15A) The term ‘school administrators’ means

19 principals, assistant principals, school program direc20 tors, coordinators, instructional supervisors, and sup21 port personnel of the District of Columbia public

22 schools.’’;

23 (2) in section 801A(b)(2) (D.C. Code, sec. 1–

24 609.1(b)(2)(L)—
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1 (A) by striking ‘‘(L) reduction-in-force’’ and

2 inserting ‘‘(L)(i) reduction-in-force’’; and

3 (B) by inserting after subparagraph (L)(i),

4 the following new clause:

5 ‘‘(ii) Notwithstanding any other provision

6 of law, the Board of Education shall not issue

7 rules that require or permit nonschool-based per8 sonnel or school administrators to be assigned or

9 reassigned to the same competitive level as class10 room teachers;’’; and

11 (3) in section 2402 (D.C. Code, sec. 1–625.2), by

12 adding at the end the following new subsection:

13 ‘‘(f) Notwithstanding any other provision of law, the

14 Board of Education shall not require or permit nonschool15 based personnel or school administrators to be assigned or

16 reassigned to the same competitive level as classroom teach17 ers.’’.

18 SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

19 Notwithstanding any other provision of law, rule, or

20 regulation, the evaluation process and instruments for eval21 uating District of Columbia public school employees shall

22 be a nonnegotiable item for collective bargaining purposes.
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1 SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EM2 PLOYEES.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, rule, or regulation, an employee of a District

5 of Columbia public school shall be—

6 (1) classified as an educational service employee;

7 (2) placed under the personnel authority of the

8 Board of Education; and

9 (3) subject to all Board of Education rules.

10 (b) SCHOOL-BASED PERSONNEL.—School-based per11 sonnel shall constitute a separate competitive area from

12 nonschool-based personnel who shall not compete with

13 school-based personnel for retention purposes.

14 Subtitle L—Establishment and Or15 ganization of the Commission on

16 Consensus Reform in the District

17 of Columbia Public Schools

18 SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE

19 DISTRICT OF COLUMBIA PUBLIC SCHOOLS.

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—There is established within

22 the District of Columbia Government a Commission

23 on Consensus Reform in the District of Columbia

24 Public Schools, consisting of 7 members to be ap25 pointed in accordance with paragraph (2).
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1 (2) MEMBERSHIP.—The Consensus Commission

2 shall consist of the following members:

3 (A) 1 member to be appointed by the Presi4 dent chosen from a list of 3 proposed members

5 submitted by the Majority Leader of the Senate.

6 (B) 1 member to be appointed by the Presi7 dent chosen from a list of 3 proposed members

8 submitted by the Speaker of the House of Rep9 resentatives.

10 (C) 2 members to be appointed by the Presi11 dent, of which 1 shall represent the local business

12 community and 1 of which shall be a teacher in

13 a District of Columbia public school.

14 (D) The President of the District of Colum15 bia Congress of Parents and Teachers.

16 (E) The President of the Board of Edu17 cation.

18 (F) The Superintendent.

19 (G) The Mayor and District of Columbia

20 Council Chairman shall each name 1 nonvoting

21 ex officio member.

22 (H) The Chief of the National Guard Bu23 reau who shall be an ex officio member.
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1 (3) TERMS OF SERVICE.—The members of the

2 Consensus Commission shall serve for a term of 3

3 years.

4 (4) VACANCIES.—Any vacancy in the member5 ship of the Consensus Commission shall be filled by

6 the appointment of a new member in the same man7 ner as provided for the vacated membership. A mem8 ber appointed under this paragraph shall serve the re9 maining term of the vacated membership.

10 (5) QUALIFICATIONS.—Members of the Consensus

11 Commission appointed under subparagraphs (A), (B),

12 and (C) of paragraph (2) shall be residents of the Dis13 trict of Columbia and shall have a knowledge of pub14 lic education in the District of Columbia.

15 (6) CHAIR.—The Chair of the Consensus Com16 mission shall be chosen by the Consensus Commission

17 from among its members, except that the President of

18 the Board of Education and the Superintendent shall

19 not be eligible to serve as Chair.

20 (7) NO COMPENSATION FOR SERVICE.—Members

21 of the Consensus Commission shall serve without pay,

22 but may receive reimbursement for any reasonable

23 and necessary expenses incurred by reason of service

24 on the Consensus Commission.
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1 (b) EXECUTIVE DIRECTOR.—The Consensus Commis2 sion shall have an Executive Director who shall be ap3 pointed by the Chair with the consent of the Consensus

4 Commission. The Executive Director shall be paid at a rate

5 determined by the Consensus Commission, except that such

6 rate may not exceed the highest rate of pay payable for level

7 EG–16 of the Educational Service of the District of Colum8 bia.

9 (c) STAFF.—With the approval of the Chair and the

10 Authority, the Executive Director may appoint and fix the

11 pay of additional personnel as the Executive Director con12 siders appropriate, except that no individual appointed by

13 the Executive Director may be paid at a rate greater than

14 the rate of pay for the Executive Director.

15 (d) SPECIAL RULE.—The Board of Education, or the

16 Authority, shall reprogram such funds, as the Chair of the

17 Consensus Commission shall in writing request, from

18 amounts available to the Board of Education.

19 SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

20 (a) PURPOSE.—The primary purpose of the Consensus

21 Commission is to assist in developing a long-term reform

22 plan that has the support of the District of Columbia com23 munity through the participation of representatives of var24 ious critical segments of such community in helping to de25 velop and approve the plan.
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1 (b) FINDINGS.—The Congress finds that—

2 (1) experience has shown that the failure of the

3 District of Columbia educational system has been due

4 more to the failure to implement a plan than the fail5 ure to develop a plan;

6 (2) national studies indicate that 50 percent of

7 secondary school graduates lack basic literacy skills,

8 and over 30 percent of the 7th grade students in the

9 District of Columbia public schools drop out of school

10 before graduating;

11 (3) standard student assessments indicate only

12 average performance for grade level and fail to iden13 tify individual students who lack basic skills, allow14 ing too many students to graduate lacking these basic

15 skills and diminishing the worth of a diploma;

16 (4) experience has shown that successful schools

17 have good community, parent, and business involve18 ment;

19 (5) experience has shown that reducing dropout

20 rates in the critical middle and secondary school

21 years requires individual student involvement and at22 tention through such activities as arts or athletics;

23 and

24 (6) experience has shown that close coordination

25 between educators and business persons is required to
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1 provide noncollege-bound students the skills necessary

2 for employment, and that personal attention is vitally

3 important to assist each student in developing an ap4 propriate career path.

5 SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COM6 MISSION.

7 (a) PRIMARY RESPONSIBILITY.—The Board of Edu8 cation and the Superintendent shall have primary respon9 sibility for developing and implementing the long-term re10 form plan for education in the District of Columbia.

11 (b) DUTIES.—The Consensus Commission shall—

12 (1) identify any obstacles to implementation of

13 the long-term reform plan and suggest ways to remove

14 such obstacles;

15 (2) assist in developing programs that—

16 (A) ensure every student in a District of

17 Columbia public school achieves basic literacy

18 skills;

19 (B) ensure every such student possesses the

20 knowledge and skills necessary to think critically

21 and communicate effectively by the completion of

22 grade 8; and

23 (C) lower the dropout rate in the District of

24 Columbia public schools;
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1 (3) assist in developing districtwide assessments,

2 including individual assessments, that identify Dis3 trict of Columbia public school students who lack

4 basic literacy skills, with particular attention being

5 given to grade 4 and the middle school years, and es6 tablish procedures to ensure that a teacher is made

7 accountable for the performance of every such student

8 in such teacher’s class;

9 (4) make recommendations to improve commu10 nity, parent, and business involvement in District of

11 Columbia public schools and public charter schools;

12 (5) assess opportunities in the District of Colum13 bia to increase individual student involvement and

14 attention through such activities as arts or athletics,

15 and make recommendations on how to increase such

16 involvement; and

17 (6) assist in the establishment of procedures that

18 ensure every District of Columbia public school stu19 dent is provided the skills necessary for employment,

20 including the development of individual career paths.

21 (c) POWERS.—The Consensus Commission shall have

22 the following powers:

23 (1) To monitor and comment on the development

24 and implementation of the long-term reform plan.
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1 (2) To exercise its authority, as provided in this

2 subtitle, as necessary to facilitate implementation of

3 the long-term reform plan.

4 (3) To review and comment on the budgets of the

5 Board of Education, the District of Columbia public

6 schools and public charter schools.

7 (4) To recommend rules concerning the manage8 ment and direction of the Board of Education that

9 address obstacles to the development or implementa10 tion of the long-term reform plan.

11 (5) To review and comment on the core curricu12 lum for kindergarten through grade 12 developed

13 under subtitle D.

14 (6) To review and comment on a core curricu15 lum for prekindergarten, vocational and technical

16 training, and adult education.

17 (7) To review and comment on all other edu18 cational programs carried out by the Board of Edu19 cation and public charter schools.

20 (8) To review and comment on the districtwide

21 assessments for measuring student achievement in the

22 core curriculum developed under subtitle D.

23 (9) To review and comment on the model profes24 sional development programs for teachers using the

25 core curriculum developed under subtitle D.
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1 (d) LIMITATIONS.—

2 (1) IN GENERAL.—Except as otherwise provided

3 in this subtitle, the Consensus Commission shall have

4 no powers to involve itself in the management or op5 eration of the Board of Education with respect to the

6 implementation of the long-term reform plan.

7 (2) SPECIAL RULE.—If the Consensus Commis8 sion determines that the Board of Education has

9 failed to take an action necessary to develop or imple10 ment the long-term reform plan or that the Board of

11 Education is unable to do so, the Consensus Commis12 sion shall request the Authority to take appropriate

13 action, and the Authority shall take such action as

14 the Authority deems appropriate, to develop or imple15 ment, as the case may be, the long-term reform plan.

16 SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

17 (a) COMMUNITY SERVICE REQUIREMENT FOR SUS18 PENDED STUDENTS.—

19 (1) IN GENERAL.—Any student suspended from

20 classes at a District of Columbia public school who is

21 required to serve the suspension outside the school

22 shall perform community service for the period of sus23 pension. The community service required by this sub24 section shall be subject to rules and regulations pro25 mulgated by the Mayor.
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1 (2) EFFECTIVE DATE.—This subsection shall take

2 effect on the first day of the 1996–1997 academic

3 year.

4 (b) EXPIRATION DATE.—This section, and sections

5 2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective

6 on the last day of the 1997–1998 academic year.

7 (c) REPORT.—The Consensus Commission shall study

8 the effectiveness of the policies implemented pursuant to this

9 section in improving order and discipline in District of Co10 lumbia public schools and report its findings to the appro11 priate congressional committees not later than 60 days

12 prior to the last day of the 1997–1998 academic year.

13 SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

14 (a) IN GENERAL.—The Consensus Commission may

15 examine and request the Inspector General of the District

16 of Columbia or the Authority to audit the records of the

17 Board of Education to ensure, monitor, and evaluate the

18 performance of the Board of Education with respect to com19 pliance with the long-term reform plan and such plan’s

20 overall educational achievement. The Consensus Commis21 sion shall conduct an annual review of the educational per22 formance of the Board of Education with respect to meeting

23 the goals of such plan for such year. The Board of Edu24 cation shall cooperate and assist in the review or audit as

25 requested by the Consensus Commission.
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1 (b) AUDIT.—The Consensus Commission may examine

2 and request the Inspector General of the District of Colum3 bia or the Authority to audit the records of any public char4 ter school to assure, monitor, and evaluate the performance

5 of the public charter school with respect to the content

6 standards and districtwide assessments described in section

7 2411(b). The Consensus Commission shall receive a copy of

8 each public charter school’s annual report.

9 SEC. 2856. INVESTIGATIVE POWERS.

10 The Consensus Commission may investigate any ac11 tion or activity which may hinder the progress of any part

12 of the long-term reform plan. The Board of Education shall

13 cooperate and assist the Consensus Commission in any in14 vestigation. Reports of the findings of any such investiga15 tion shall be provided to the Board of Education, the Super16 intendent, the Mayor, the District of Columbia Council, the

17 Authority, and the appropriate congressional committees.

18 SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COM19 MISSION.

20 (a) IN GENERAL.—The Consensus Commission may at

21 any time submit recommendations to the Board of Edu22 cation, the Mayor, the District of Columbia Council, the

23 Authority, the Board of Trustees of any public charter

24 school and the Congress with respect to actions the District
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1 of Columbia Government or the Federal Government should

2 take to ensure implementation of the long-term reform plan.

3 (b) AUTHORITY ACTIONS.—Pursuant to the District of

4 Columbia Financial Responsibility and Management As5 sistance Act of 1995 or upon the recommendation of the

6 Consensus Commission, the Authority may take whatever

7 actions the Authority deems necessary to ensure the imple8 mentation of the long-term reform plan.

9 SEC. 2858. EXPIRATION DATE.

10 Except as otherwise provided in this subtitle, this sub11 title shall be effective during the period beginning on the

12 date of enactment of this Act and ending 7 years after such

13 date.

14 Subtitle M—Parent Attendance at

15 Parent-Teacher Conferences

16 SEC. 2901. POLICY.

17 Notwithstanding any other provision of law, the

18 Mayor is authorized to develop and implement a policy en19 couraging all residents of the District of Columbia with

20 children attending a District of Columbia public school to

21 attend and participate in at least one parent-teacher con22 ference every 90 days during the academic year.

23 (c) Such amounts as may be necessary for programs,

24 projects or activities provided for in the Department of the

25 Interior and Related Agencies Appropriations Act, 1996 at
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1 a rate of operations and to the extent and in the manner

2 provided as follows, to be effective as if it had been enacted

3 into law as the regular appropriations Act:

4 AN ACT

5 Making appropriations for the Department of the Inte6 rior and related agencies for the fiscal year ending Septem7 ber 30, 1996, and for other purposes.

8 TITLE I—DEPARTMENT OF THE INTERIOR

9 BUREAU OF LAND MANAGEMENT

10 MANAGEMENT OF LANDS AND RESOURCES

11 For expenses necessary for protection, use, improve12 ment, development, disposal, cadastral surveying, classifica13 tion, acquisition of easements and other interests in lands,

14 and performance of other functions, including maintenance

15 of facilities, as authorized by law, in the management of

16 lands and their resources under the jurisdiction of the Bu17 reau of Land Management, including the general adminis18 tration of the Bureau, and assessment of mineral potential

19 of public lands pursuant to Public Law 96–487 (16 U.S.C.

20 3150(a)), $567,753,000, to remain available until expended,

21 of which $2,000,000 shall be available for assessment of the

22 mineral potential of public lands in Alaska pursuant to sec23 tion 1010 of Public Law 96–487 (16 U.S.C. 3150), and of

24 which $4,000,000 shall be derived from the special receipt

25 account established by section 4 of the Land and Water
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1 Conservation Fund Act of 1965, as amended (16 U.S.C.

2 460l–6a(i)): Provided, That appropriations herein made

3 shall not be available for the destruction of healthy,

4 unadopted, wild horses and burros in the care of the Bureau

5 or its contractors; and in addition, $27,650,000 for Mining

6 Law Administration program operations, to remain avail7 able until expended, to be reduced by amounts collected by

8 the Bureau of Land Management and credited to this ap9 propriation from annual mining claim fees so as to result

10 in a final appropriation estimated at not more than

11 $567,753,000: Provided further, That in addition to funds

12 otherwise available, and to remain available until ex13 pended, not to exceed $5,000,000 from annual mining claim

14 fees shall be credited to this account for the costs of admin15 istering the mining claim fee program, and $2,000,000

16 from communication site rental fees established by the Bu17 reau.

18 WILDLAND FIRE MANAGEMENT

19 For necessary expenses for fire use and management,

20 fire preparedness, emergency presuppression, suppression

21 operations, emergency rehabilitation, and renovation or

22 construction of fire facilities in the Department of the Inte23 rior, $235,924,000, to remain available until expended, of

24 which not to exceed $5,025,000, shall be available for the

25 renovation or construction of fire facilities: Provided, That

26 notwithstanding any other provision of law, persons hired
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1 pursuant to 43 U.S.C. 1469 may be furnished subsistence

2 and lodging without cost from funds available from this ap3 propriation: Provided further, That such funds are also

4 available for repayment of advances to other appropriation

5 accounts from which funds were previously transferred for

6 such purposes: Provided further, That unobligated balances

7 of amounts previously appropriated to the Fire Protection

8 and Emergency Department of the Interior Firefighting

9 Fund may be transferred or merged with this appropria10 tion.

11 CENTRAL HAZARDOUS MATERIALS FUND

12 For expenses necessary for use by the Department of

13 the Interior and any of its component offices and bureaus

14 for the remedial action, including associated activities, of

15 hazardous waste substances, pollutants, or contaminants

16 pursuant to the Comprehensive Environmental Response,

17 Compensation and Liability Act, as amended (42 U.S.C.

18 9601 et seq.), $10,000,000, to remain available until ex19 pended: Provided, That, notwithstanding 31 U.S.C. 3302,

20 sums recovered from or paid by a party in advance of or

21 as reimbursement for remedial action or response activities

22 conducted by the Department pursuant to sections 107 or

23 113(f) of the Comprehensive Environmental Response, Com24 pensation and Liability Act, as amended (42 U.S.C. 9607

25 or 9613(f)), shall be credited to this account and shall be

26 available without further appropriation and shall remain
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1 available until expended: Provided further, That such sums

2 recovered from or paid by any party are not limited to

3 monetary payments and may include stocks, bonds or other

4 personal or real property, which may be retained, liq5 uidated, or otherwise disposed of by the Secretary of the

6 Interior and which shall be credited to this account.

7 CONSTRUCTION AND ACCESS

8 For acquisition of lands and interests therein, and

9 construction of buildings, recreation facilities, roads, trails,

10 and appurtenant facilities, $3,115,000, to remain available

11 until expended.

12 PAYMENTS IN LIEU OF TAXES

13 For expenses necessary to implement the Act of October

14 20, 1976, as amended (31 U.S.C. 6901–07), $101,500,000,

15 of which not to exceed $400,000 shall be available for ad16 ministrative expenses.

17 LAND ACQUISITION

18 For expenses necessary to carry out the provisions of

19 sections 205, 206, and 318(d) of Public Law 94–579 includ20 ing administrative expenses and acquisition of lands or wa21 ters, or interests therein, $12,800,000 to be derived from the

22 Land and Water Conservation Fund, to remain available

23 until expended.

24 OREGON AND CALIFORNIA GRANT LANDS

25 For expenses necessary for management, protection,

26 and development of resources and for construction, oper-
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1 ation, and maintenance of access roads, reforestation, and

2 other improvements on the revested Oregon and California

3 Railroad grant lands, on other Federal lands in the Oregon

4 and California land-grant counties of Oregon, and on adja5 cent rights-of-way; and acquisition of lands or interests

6 therein including existing connecting roads on or adjacent

7 to such grant lands; $97,452,000, to remain available until

8 expended: Provided, That 25 per centum of the aggregate

9 of all receipts during the current fiscal year from the

10 revested Oregon and California Railroad grant lands is

11 hereby made a charge against the Oregon and California

12 land-grant fund and shall be transferred to the General

13 Fund in the Treasury in accordance with the provisions

14 of the second paragraph of subsection (b) of title II of the

15 Act of August 28, 1937 (50 Stat. 876).

16 RANGE IMPROVEMENTS

17 For rehabilitation, protection, and acquisition of lands

18 and interests therein, and improvement of Federal range19 lands pursuant to section 401 of the Federal Land Policy

20 and Management Act of 1976 (43 U.S.C. 1701), notwith21 standing any other Act, sums equal to 50 per centum of

22 all moneys received during the prior fiscal year under sec23 tions 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315

24 et seq.) and the amount designated for range improvements

25 from grazing fees and mineral leasing receipts from

26 Bankhead-Jones lands transferred to the Department of the
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1 Interior pursuant to law, but not less than $9,113,000, to

2 remain available until expended: Provided, That not to ex3 ceed $600,000 shall be available for administrative ex4 penses.

5 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

6 For administrative expenses and other costs related to

7 processing application documents and other authorizations

8 for use and disposal of public lands and resources, for costs

9 of providing copies of official public land documents, for

10 monitoring construction, operation, and termination of fa11 cilities in conjunction with use authorizations, and for re12 habilitation of damaged property, such amounts as may be

13 collected under sections 209(b), 304(a), 304(b), 305(a), and

14 504(g) of the Act approved October 21, 1976 (43 U.S.C.

15 1701), and sections 101 and 203 of Public Law 93–153,

16 to be immediately available until expended: Provided, That

17 notwithstanding any provision to the contrary of section

18 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),

19 any moneys that have been or will be received pursuant

20 to that section, whether as a result of forfeiture, com21 promise, or settlement, if not appropriate for refund pursu22 ant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall

23 be available and may be expended under the authority of

24 this or subsequent appropriations Acts by the Secretary to

25 improve, protect, or rehabilitate any public lands adminis26 tered through the Bureau of Land Management which have
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1 been damaged by the action of a resource developer, pur2 chaser, permittee, or any unauthorized person, without re3 gard to whether all moneys collected from each such forfeit4 ure, compromise, or settlement are used on the exact lands

5 damage to which led to the forfeiture, compromise, or settle6 ment: Provided further, That such moneys are in excess of

7 amounts needed to repair damage to the exact land for

8 which collected.

9 MISCELLANEOUS TRUST FUNDS

10 In addition to amounts authorized to be expended

11 under existing law, there is hereby appropriated such

12 amounts as may be contributed under section 307 of the

13 Act of October 21, 1976 (43 U.S.C. 1701), and such

14 amounts as may be advanced for administrative costs, sur15 veys, appraisals, and costs of making conveyances of omit16 ted lands under section 211(b) of that Act, to remain avail17 able until expended.

18 ADMINISTRATIVE PROVISIONS

19 Appropriations for the Bureau of Land Management

20 shall be available for purchase, erection, and dismantlement

21 of temporary structures, and alteration and maintenance

22 of necessary buildings and appurtenant facilities to which

23 the United States has title; up to $100,000 for payments,

24 at the discretion of the Secretary, for information or evi25 dence concerning violations of laws administered by the Bu26 reau of Land Management; miscellaneous and emergency
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1 expenses of enforcement activities authorized or approved

2 by the Secretary and to be accounted for solely on his cer3 tificate, not to exceed $10,000: Provided, That notwith4 standing 44 U.S.C. 501, the Bureau may, under cooperative

5 cost-sharing and partnership arrangements authorized by

6 law, procure printing services from cooperators in connec7 tion with jointly-produced publications for which the co8 operators share the cost of printing either in cash or in serv9 ices, and the Bureau determines the cooperator is capable

10 of meeting accepted quality standards.

11 UNITED STATES FISH AND WILDLIFE SERVICE

12 RESOURCE MANAGEMENT

13 For expenses necessary for scientific and economic

14 studies, conservation, management, investigations, protec15 tion, and utilization of fishery and wildlife resources, except

16 whales, seals, and sea lions, and for the performance of other

17 authorized functions related to such resources; for the gen18 eral administration of the United States Fish and Wildlife

19 Service; and for maintenance of the herd of long-horned cat20 tle on the Wichita Mountains Wildlife Refuge; and not less

21 than $1,000,000 for high priority projects within the scope

22 of the approved budget which shall be carried out by the

23 Youth Conservation Corps as authorized by the Act of Au24 gust 13, 1970, as amended by Public Law 93–408,

25 $499,100,000, to remain available for obligation until Sep-
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1 tember 30, 1997, of which $2,000,000 shall be available for

2 activities under section 4 of the Endangered Species Act

3 of 1973 (16 U.S.C. 1533), of which $11,557,000 shall be

4 available until expended for operation and maintenance of

5 fishery mitigation facilities constructed by the Corps of En6 gineers under the Lower Snake River Compensation Plan,

7 authorized by the Water Resources Development Act of 1976

8 (90 Stat. 2921), to compensate for loss of fishery resources

9 from water development projects on the Lower Snake River:

10 Provided, That unobligated and unexpended balances in the

11 Resource Management account at the end of fiscal year

12 1995, shall be merged with and made a part of the fiscal

13 year 1996 Resource Management appropriation, and shall

14 remain available for obligation until September 30, 1997:

15 Provided further, That no monies appropriated under this

16 Act or any other law shall be used by the Secretary of the

17 Interior to issue final determinations under subsections (a),

18 (b), (c), (e), (g) or (i) of section 4 of the Endangered Species

19 Act of 1973 (16 U.S.C. 1533), until such time as legislation

20 reauthorizing the Act is enacted or until the end of fiscal

21 year 1996, whichever is earlier, except that monies appro22 priated under this Act may be used to delist or reclassify

23 species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),

24 and 4(c)(2)(B)(ii) of the Endangered Species Act, and may
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1 be used to issue emergency listings under section 4(b)(7)

2 of the Endangered Species Act.

3 CONSTRUCTION

4 For construction and acquisition of buildings and

5 other facilities required in the conservation, management,

6 investigation, protection, and utilization of fishery and

7 wildlife resources, and the acquisition of lands and interests

8 therein; $37,655,000, to remain available until expended.

9 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

10 To conduct natural resource damage assessment activi11 ties by the Department of the Interior necessary to carry

12 out the provisions of the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act, as amended (42

14 U.S.C. 9601, et seq.), Federal Water Pollution Control Act,

15 as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act

16 of 1990 (Public Law 101–380), and the Act of July 27, 1990

17 (Public Law 101–337); $4,000,000, to remain available

18 until expended: Provided, That sums provided by any party

19 in fiscal year 1996 and thereafter are not limited to mone20 tary payments and may include stocks, bonds or other per21 sonal or real property, which may be retained, liquidated

22 or otherwise disposed of by the Secretary and such sums

23 or properties shall be utilized for the restoration of injured

24 resources, and to conduct new damage assessment activities.
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1 LAND ACQUISITION

2 For expenses necessary to carry out the provisions of

3 the Land and Water Conservation Fund Act of 1965, as

4 amended (16 U.S.C. 460l–4–11), including administrative

5 expenses, and for acquisition of land or waters, or interest

6 therein, in accordance with statutory authority applicable

7 to the United States Fish and Wildlife Service, $36,900,000,

8 to be derived from the Land and Water Conservation Fund,

9 to remain available until expended.

10 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

11 For expenses necessary to carry out the provisions of

12 the Endangered Species Act of 1973 (16 U.S.C. 1531–1543),

13 as amended by Public Law 100–478, $8,085,000 for grants

14 to States, to be derived from the Cooperative Endangered

15 Species Conservation Fund, and to remain available until

16 expended.

17 NATIONAL WILDLIFE REFUGE FUND

18 For expenses necessary to implement the Act of October

19 17, 1978 (16 U.S.C. 715s), $10,779,000.

20 REWARDS AND OPERATIONS

21 For expenses necessary to carry out the provisions of

22 the African Elephant Conservation Act (16 U.S.C. 4201–

23 4203, 4211–4213, 4221–4225, 4241–4245, and 1538),

24 $600,000, to remain available until expended.
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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions of

3 the North American Wetlands Conservation Act, Public

4 Law 101–233, $6,750,000, to remain available until ex5 pended.

6 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

7 WILDLIFE FUND

8 For carrying out section 206(f) of Public Law 101–

9 618, such sums as have previously been credited or may

10 be credited hereafter to the Lahontan Valley and Pyramid

11 Lake Fish and Wildlife Fund, to be available until ex12 pended without further appropriation.

13 RHINOCEROS AND TIGER CONSERVATION FUND

14 For deposit to the Rhinoceros and Tiger Conservation

15 Fund, $200,000, to remain available until expended, to be

16 available to carry out the provisions of the Rhinoceros and

17 Tiger Conservation Act of 1994 (Public Law 103–391).

18 WILDLIFE CONSERVATION AND APPRECIATION FUND

19 For deposit to the Wildlife Conservation and Apprecia20 tion Fund, $800,000, to remain available until expended.

21 ADMINISTRATIVE PROVISIONS

22 Appropriations and funds available to the United

23 States Fish and Wildlife Service shall be available for pur24 chase of not to exceed 113 passenger motor vehicles; not to

25 exceed $400,000 for payment, at the discretion of the Sec26 retary, for information, rewards, or evidence concerning
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1 violations of laws administered by the United States Fish

2 and Wildlife Service, and miscellaneous and emergency ex3 penses of enforcement activities, authorized or approved by

4 the Secretary and to be accounted for solely on his certifi5 cate; repair of damage to public roads within and adjacent

6 to reservation areas caused by operations of the United

7 States Fish and Wildlife Service; options for the purchase

8 of land at not to exceed $1 for each option; facilities inci9 dent to such public recreational uses on conservation areas

10 as are consistent with their primary purpose; and the

11 maintenance and improvement of aquaria, buildings, and

12 other facilities under the jurisdiction of the United States

13 Fish and Wildlife Service and to which the United States

14 has title, and which are utilized pursuant to law in connec15 tion with management and investigation of fish and wild16 life resources: Provided, That notwithstanding 44 U.S.C.

17 501, the Service may, under cooperative cost sharing and

18 partnership arrangements authorized by law, procure

19 printing services from cooperators in connection with joint20 ly-produced publications for which the cooperators share at

21 least one-half the cost of printing either in cash or services

22 and the Service determines the cooperator is capable of

23 meeting accepted quality standards: Provided further, That

24 the United States Fish and Wildlife Service may accept do25 nated aircraft as replacements for existing aircraft: Pro-
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1 vided further, That notwithstanding any other provision of

2 law, the Secretary of the Interior may not spend any of

3 the funds appropriated in this Act for the purchase of lands

4 or interests in lands to be used in the establishment of any

5 new unit of the National Wildlife Refuge System unless the

6 purchase is approved in advance by the House and Senate

7 Committees on Appropriations in compliance with the

8 reprogramming procedures contained in House Report

9 103–551: Provided further, That none of the funds made

10 available in this Act may be used by the U. S. Fish and

11 Wildlife Service to impede or delay the issuance of a wet12 lands permit by the U. S. Army Corps of Engineers to the

13 City of Lake Jackson, Texas, for the development of a public

14 golf course west of Buffalo Camp Bayou between the Brazos

15 River and Highway 332: Provided further, That the Direc16 tor of the Fish and Wildlife Service may charge reasonable

17 fees for expenses to the Federal Government for providing

18 training by the National Education and Training Center:

19 Provided further, That all training fees collected shall be

20 available to the Director, until expended, without further

21 appropriation, to be used for the costs of training and edu22 cation provided by the National Education and Training

23 Center: Provided further, That with respect to lands leased

24 for farming pursuant to Public Law 88–567, if for any rea25 son the Secretary disapproves for use in 1996 or does not
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1 finally approve for use in 1996 any pesticide or chemical

2 which was approved for use in 1995 or had been requested

3 for use in 1996 by the submission of a pesticide use proposal

4 as of September 19, 1995, none of the funds in this Act

5 may be used to develop, implement, or enforce regulations

6 or policies (including pesticide use proposals) related to the

7 use of chemicals and pest management that are more re8 strictive than the requirements of applicable State and Fed9 eral laws related to the use of chemicals and pest manage10 ment practices on non-Federal lands.

11 NATIONAL PARK SERVICE

12 OPERATION OF THE NATIONAL PARK SYSTEM

13 For expenses necessary for the management, operation,

14 and maintenance of areas and facilities administered by

15 the National Park Service (including special road mainte16 nance service to trucking permittees on a reimbursable

17 basis), and for the general administration of the National

18 Park Service, including not to exceed $1,593,000 for the

19 Volunteers-in-Parks program, and not less than $1,000,000

20 for high priority projects within the scope of the approved

21 budget which shall be carried out by the Youth Conservation

22 Corps as authorized by the Act of August 13, 1970, as

23 amended by Public Law 93–408, $1,084,755,000, without

24 regard to the Act of August 24, 1912, as amended (16

25 U.S.C. 451), of which not to exceed $72,000,000, to remain
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1 available until expended is to be derived from the special

2 fee account established pursuant to title V, section 5201, of

3 Public Law 100–203.

4 NATIONAL RECREATION AND PRESERVATION

5 For expenses necessary to carry out recreation pro6 grams, natural programs, cultural programs, environ7 mental compliance and review, international park affairs,

8 statutory or contractual aid for other activities, and grant

9 administration, not otherwise provided for, $37,649,000:

10 Provided, That $236,000 of the funds provided herein are

11 for the William O. Douglas Outdoor Education Center, sub12 ject to authorization.

13 HISTORIC PRESERVATION FUND

14 For expenses necessary in carrying out the provisions

15 of the Historic Preservation Act of 1966 (80 Stat. 915), as

16 amended (16 U.S.C. 470), $36,212,000, to be derived from

17 the Historic Preservation Fund, established by section 108

18 of that Act, as amended, to remain available for obligation

19 until September 30, 1997.

20 CONSTRUCTION

21 For construction, improvements, repair or replacement

22 of physical facilities, $143,225,000, to remain available

23 until expended: Provided, That not to exceed $4,500,000 of

24 the funds provided herein shall be paid to the Army Corps

25 of Engineers for modifications authorized by section 104 of

26 the Everglades National Park Protection and Expansion
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1 Act of 1989: Provided further, That funds provided under

2 this head, derived from the Historic Preservation Fund, es3 tablished by the Historic Preservation Act of 1966 (80 Stat.

4 915), as amended (16 U.S.C. 470), may be available until

5 expended to render sites safe for visitors and for building

6 stabilization.

7 LAND AND WATER CONSERVATION FUND

8 (RESCISSION)

9 The contract authority provided for fiscal year 1996

10 by 16 U.S.C. 460l–10a is rescinded.

11 LAND ACQUISITION AND STATE ASSISTANCE

12 For expenses necessary to carry out the provisions of

13 the Land and Water Conservation Fund Act of 1965, as

14 amended (16 U.S.C. 460l–4–11), including administrative

15 expenses, and for acquisition of lands or waters, or interest

16 therein, in accordance with statutory authority applicable

17 to the National Park Service, $49,100,000, to be derived

18 from the Land and Water Conservation Fund, to remain

19 available until expended, and of which $1,500,000 is to ad20 minister the State assistance program: Provided, That any

21 funds made available for the purpose of acquisition of the

22 Elwha and Glines dams shall be used solely for acquisition,

23 and shall not be expended until the full purchase amount

24 has been appropriated by the Congress.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be

3 available for the purchase of not to exceed 518 passenger

4 motor vehicles, of which 323 shall be for replacement only,

5 including not to exceed 411 for police-type use, 12 buses,

6 and 5 ambulances: Provided, That none of the funds appro7 priated to the National Park Service may be used to process

8 any grant or contract documents which do not include the

9 text of 18 U.S.C. 1913: Provided further, That none of the

10 funds appropriated to the National Park Service may be

11 used to implement an agreement for the redevelopment of

12 the southern end of Ellis Island until such agreement has

13 been submitted to the Congress and shall not be imple14 mented prior to the expiration of 30 calendar days (not

15 including any day in which either House of Congress is

16 not in session because of adjournment of more than three

17 calendar days to a day certain) from the receipt by the

18 Speaker of the House of Representatives and the President

19 of the Senate of a full and comprehensive report on the de20 velopment of the southern end of Ellis Island, including the

21 facts and circumstances relied upon in support of the pro22 posed project.

23 None of the funds in this Act may be spent by the Na24 tional Park Service for activities taken in direct response

25 to the United Nations Biodiversity Convention.
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1 The National Park Service may enter into cooperative

2 agreements that involve the transfer of National Park Serv3 ice appropriated funds to State, local and tribal govern4 ments, other public entities, educational institutions, and

5 private nonprofit organizations for the public purpose of

6 carrying out National Park Service programs.

7 The National Park Service shall, within existing

8 funds, conduct a Feasibility Study for a northern access

9 route into Denali National Park and Preserve in Alaska,

10 to be completed within one year of the enactment of this

11 Act and submitted to the House and Senate Committees on

12 Appropriations and to the Senate Committee on Energy

13 and Natural Resources and the House Committee on Re14 sources. The Feasibility Study shall ensure that resource

15 impacts from any plan to create such access route are evalu16 ated with accurate information and according to a process

17 that takes into consideration park values, visitor needs, a

18 full range of alternatives, the viewpoints of all interested

19 parties, including the tourism industry and the State of

20 Alaska, and potential needs for compliance with the Na21 tional Environmental Policy Act. The Study shall also ad22 dress the time required for development of alternatives and

23 identify all associated costs.

24 This Feasibility Study shall be conducted solely by the

25 National Park Service planning personnel permanently as-
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1 signed to National Park Service offices located in the State

2 of Alaska in consultation with the State of Alaska Depart3 ment of Transportation.

4 UNITED STATES GEOLOGICAL SURVEY

5 SURVEYS, INVESTIGATIONS, AND RESEARCH

6 For expenses necessary for the United States Geological

7 Survey to perform surveys, investigations, and research cov8 ering topography, geology, hydrology, and the mineral and

9 water resources of the United States, its Territories and pos10 sessions, and other areas as authorized by law (43 U.S.C.

11 31, 1332 and 1340); classify lands as to their mineral and

12 water resources; give engineering supervision to power per13 mittees and Federal Energy Regulatory Commission licens14 ees; administer the minerals exploration program (30

15 U.S.C. 641); and publish and disseminate data relative to

16 the foregoing activities; and to conduct inquiries into the

17 economic conditions affecting mining and materials proc18 essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.

19 98g(1)) and related purposes as authorized by law and to

20 publish and disseminate data; $730,330,000, of which

21 $62,130,000 shall be available for cooperation with States

22 or municipalities for water resources investigations, and of

23 which $137,000,000 for resource research and the operations

24 of Cooperative Research Units shall remain available until

25 September 30, 1997, and of which $16,000,000 shall remain
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1 available until expended for conducting inquiries into the

2 economic conditions affecting mining and materials proc3 essing industries: Provided, That no part of this appropria4 tion shall be used to pay more than one-half the cost of

5 any topographic mapping or water resources investigations

6 carried on in cooperation with any State or municipality:

7 Provided further, That funds available herein for resource

8 research may be used for the purchase of not to exceed 61

9 passenger motor vehicles, of which 55 are for replacement

10 only: Provided further, That none of the funds available

11 under this head for resource research shall be used to con12 duct new surveys on private property, including new aerial

13 surveys for the designation of habitat under the Endangered

14 Species Act, except when it is made known to the Federal

15 official having authority to obligate or expend such funds

16 that the survey or research has been requested and author17 ized in writing by the property owner or the owner’s au18 thorized representative: Provided further, That none of the

19 funds provided herein for resource research may be used to

20 administer a volunteer program when it is made known

21 to the Federal official having authority to obligate or ex22 pend such funds that the volunteers are not properly trained

23 or that information gathered by the volunteers is not care24 fully verified: Provided further, That no later than April

25 1, 1996, the Director of the United States Geological Survey
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1 shall issue agency guidelines for resource research that en2 sure that scientific and technical peer review is utilized as

3 fully as possible in selection of projects for funding and en4 sure the validity and reliability of research and data collec5 tion on Federal lands: Provided further, That no funds

6 available for resource research may be used for any activity

7 that was not authorized prior to the establishment of the

8 National Biological Survey: Provided further, That once

9 every five years the National Academy of Sciences shall re10 view and report on the resource research activities of the

11 Survey: Provided further, That if specific authorizing legis12 lation is enacted during or before the start of fiscal year

13 1996, the resource research component of the Survey should

14 comply with the provisions of that legislation: Provided fur15 ther, That unobligated and unexpended balances in the Na16 tional Biological Survey, Research, inventories and surveys

17 account at the end of fiscal year 1995, shall be merged with

18 and made a part of the United States Geological Survey,

19 Surveys, investigations, and research account and shall re20 main available for obligation until September 30, 1996:

21 Provided further, That the authority granted to the United

22 States Bureau of Mines to conduct mineral surveys and to

23 determine mineral values by section 603 of Public Law 94–

24 579 is hereby transferred to, and vested in, the Director of

25 the United States Geological Survey.
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1 ADMINISTRATIVE PROVISIONS

2 The amount appropriated for the United States Geo3 logical Survey shall be available for purchase of not to ex4 ceed 22 passenger motor vehicles, for replacement only; re5 imbursement to the General Services Administration for se6 curity guard services; contracting for the furnishing of topo7 graphic maps and for the making of geophysical or other

8 specialized surveys when it is administratively determined

9 that such procedures are in the public interest; construction

10 and maintenance of necessary buildings and appurtenant

11 facilities; acquisition of lands for gauging stations and ob12 servation wells; expenses of the United States National

13 Committee on Geology; and payment of compensation and

14 expenses of persons on the rolls of the United States Geologi15 cal Survey appointed, as authorized by law, to represent

16 the United States in the negotiation and administration

17 of interstate compacts: Provided, That activities funded by

18 appropriations herein made may be accomplished through

19 the use of contracts, grants, or cooperative agreements as

20 defined in 31 U.S.C. 6302, et seq.

21 MINERALS MANAGEMENT SERVICE

22 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

23 For expenses necessary for minerals leasing and envi24 ronmental studies, regulation of industry operations, and

25 collection of royalties, as authorized by law; for enforcing
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1 laws and regulations applicable to oil, gas, and other min2 erals leases, permits, licenses and operating contracts; and

3 for matching grants or cooperative agreements; including

4 the purchase of not to exceed eight passenger motor vehicles

5 for replacement only; $182,771,000, of which not less than

6 $70,105,000 shall be available for royalty management ac7 tivities; and an amount not to exceed $15,400,000 for the

8 Technical Information Management System and Related

9 Activities of the Outer Continental Shelf (OCS) Lands Ac10 tivity, to be credited to this appropriation and to remain

11 available until expended, from additions to receipts result12 ing from increases to rates in effect on August 5, 1993, from

13 rate increases to fee collections for OCS administrative ac14 tivities performed by the Minerals Management Service over

15 and above the rates in effect on September 30, 1993, and

16 from additional fees for OCS administrative activities es17 tablished after September 30, 1993: Provided, That begin18 ning in fiscal year 1996 and thereafter, fees for royalty rate

19 relief applications shall be established (and revised as need20 ed) in Notices to Lessees, and shall be credited to this ac21 count in the program areas performing the function, and

22 remain available until expended for the costs of administer23 ing the royalty rate relief authorized by 43 U.S.C.

24 1337(a)(3): Provided further, That $1,500,000 for computer

25 acquisitions shall remain available until September 30,
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1 1997: Provided further, That funds appropriated under this

2 Act shall be available for the payment of interest in accord3 ance with 30 U.S.C. 1721 (b) and (d): Provided further,

4 That not to exceed $3,000 shall be available for reasonable

5 expenses related to promoting volunteer beach and marine

6 cleanup activities: Provided further, That notwithstanding

7 any other provision of law, $15,000 under this head shall

8 be available for refunds of overpayments in connection with

9 certain Indian leases in which the Director of the Minerals

10 Management Service concurred with the claimed refund

11 due, to pay amounts owed to Indian allottees or Tribes, or

12 to correct prior unrecoverable erroneous payments: Provided

13 further, That beginning in fiscal year 1996 and thereafter,

14 the Secretary shall take appropriate action to collect unpaid

15 and underpaid royalties and late payment interest owed

16 by Federal and Indian mineral lessees and other royalty

17 payors on amounts received in settlement or other resolu18 tion of disputes under, and for partial or complete termi19 nation of, sales agreements for minerals from Federal and

20 Indian leases.

21 OIL SPILL RESEARCH

22 For necessary expenses to carry out the purposes of

23 title I, section 1016, title IV, sections 4202 and 4303, title

24 VII, and title VIII, section 8201 of the Oil Pollution Act

25 of 1990, $6,440,000, which shall be derived from the Oil
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1 Spill Liability Trust Fund, to remain available until ex2 pended.

3 BUREAU OF MINES

4 MINES AND MINERALS

5 For expenses necessary for, and incidental to, the clo6 sure of the United States Bureau of Mines, $64,000,000,

7 to remain available until expended, of which not to exceed

8 $5,000,000 may be used for the completion and/or transfer

9 of certain ongoing projects within the United States Bureau

10 of Mines, such projects to be identified by the Secretary of

11 the Interior within 90 days of enactment of this Act: Pro12 vided, That there hereby are transferred to, and vested in,

13 the Secretary of Energy: (1) the functions pertaining to the

14 promotion of health and safety in mines and the mineral

15 industry through research vested by law in the Secretary

16 of the Interior or the United States Bureau of Mines and

17 performed in fiscal year 1995 by the United States Bureau

18 of Mines at its Pittsburgh Research Center in Pennsylvania,

19 and at its Spokane Research Center in Washington; (2) the

20 functions pertaining to the conduct of inquiries, techno21 logical investigations and research concerning the extrac22 tion, processing, use and disposal of mineral substances

23 vested by law in the Secretary of the Interior or the United

24 States Bureau of Mines and performed in fiscal year 1995

25 by the United States Bureau of Mines under the minerals
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1 and materials science programs at its Pittsburgh Research

2 Center in Pennsylvania, and at its Albany Research Center

3 in Oregon; and (3) the functions pertaining to mineral rec4 lamation industries and the development of methods for the

5 disposal, control, prevention, and reclamation of mineral

6 waste products vested by law in the Secretary of the Interior

7 or the United States Bureau of Mines and performed in

8 fiscal year 1995 by the United States Bureau of Mines at

9 its Pittsburgh Research Center in Pennsylvania: Provided

10 further, That, if any of the same functions were performed

11 in fiscal year 1995 at locations other than those listed

12 above, such functions shall not be transferred to the Sec13 retary of Energy from those other locations: Provided fur14 ther, That the Director of the Office of Management and

15 Budget, in consultation with the Secretary of Energy and

16 the Secretary of the Interior, is authorized to make such

17 determinations as may be necessary with regard to the

18 transfer of functions which relate to or are used by the De19 partment of the Interior, or component thereof affected by

20 this transfer of functions, and to make such dispositions

21 of personnel, facilities, assets, liabilities, contracts, prop22 erty, records, and unexpended balances of appropriations,

23 authorizations, allocations, and other funds held, used, aris24 ing from, available to or to be made available in connection

25 with, the functions transferred herein as are deemed nec-
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1 essary to accomplish the purposes of this transfer: Provided

2 further, That all reductions in personnel complements re3 sulting from the provisions of this Act shall, as to the func4 tions transferred to the Secretary of Energy, be done by the

5 Secretary of the Interior as though these transfers had not

6 taken place but had been required of the Department of the

7 Interior by all other provisions of this Act before the trans8 fers of function became effective: Provided further, That the

9 transfers of function to the Secretary of Energy shall become

10 effective on the date specified by the Director of the Office

11 of Management and Budget, but in no event later than 90

12 days after enactment into law of this Act: Provided further,

13 That the reference to ‘‘function’’ includes, but is not limited

14 to, any duty, obligation, power, authority, responsibility,

15 right, privilege, and activity, or the plural thereof, as the

16 case may be.

17 ADMINISTRATIVE PROVISIONS

18 The Secretary is authorized to accept lands, buildings,

19 equipment, other contributions, and fees from public and

20 private sources, and to prosecute projects using such con21 tributions and fees in cooperation with other Federal, State

22 or private agencies: Provided, That the Bureau of Mines

23 is authorized, during the current fiscal year, to sell directly

24 or through any Government agency, including corporations,

25 any metal or mineral products that may be manufactured

26 in pilot plants operated by the Bureau of Mines, and the
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1 proceeds of such sales shall be covered into the Treasury as

2 miscellaneous receipts: Provided further, That notwith3 standing any other provision of law, the Secretary is au4 thorized to convey, without reimbursement, title and all in5 terest of the United States in property and facilities of the

6 United States Bureau of Mines in Juneau, Alaska, to the

7 City and Borough of Juneau, Alaska; in Tuscaloosa, Ala8 bama, to the University of Alabama; in Rolla, Missouri,

9 to the University of Missouri-Rolla; and in other localities

10 to such university or government entities as the Secretary

11 deems appropriate.

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION AND TECHNOLOGY

15 For necessary expenses to carry out the provisions of

16 the Surface Mining Control and Reclamation Act of 1977,

17 Public Law 95–87, as amended, including the purchase of

18 not to exceed 15 passenger motor vehicles for replacement

19 only; $95,470,000, and notwithstanding 31 U.S.C. 3302, an

20 additional amount shall be credited to this account, to re21 main available until expended, from performance bond for22 feitures in fiscal year 1996: Provided, That notwithstand23 ing any other provision of law, the Secretary of the Interior,

24 pursuant to regulations, may utilize directly or through

25 grants to States, moneys collected in fiscal year 1996 pursu-
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1 ant to the assessment of civil penalties under section 518

2 of the Surface Mining Control and Reclamation Act of 1977

3 (30 U.S.C. 1268), to reclaim lands adversely affected by coal

4 mining practices after August 3, 1977, to remain available

5 until expended: Provided further, That notwithstanding

6 any other provision of law, appropriations for the Office

7 of Surface Mining Reclamation and Enforcement may pro8 vide for the travel and per diem expenses of State and tribal

9 personnel attending Office of Surface Mining Reclamation

10 and Enforcement sponsored training.

11 ABANDONED MINE RECLAMATION FUND

12 For necessary expenses to carry out the provisions of

13 title IV of the Surface Mining Control and Reclamation Act

14 of 1977, Public Law 95–87, as amended, including the pur15 chase of not more than 22 passenger motor vehicles for re16 placement only, $173,887,000, to be derived from receipts

17 of the Abandoned Mine Reclamation Fund and to remain

18 available until expended: Provided, That grants to mini19 mum program States will be $1,500,000 per State in fiscal

20 year 1996: Provided further, That of the funds herein pro21 vided up to $18,000,000 may be used for the emergency pro22 gram authorized by section 410 of Public Law 95–87, as

23 amended, of which no more than 25 per centum shall be

24 used for emergency reclamation projects in any one State

25 and funds for Federally-administered emergency reclama26 tion projects under this proviso shall not exceed
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1 $11,000,000: Provided further, That prior year unobligated

2 funds appropriated for the emergency reclamation program

3 shall not be subject to the 25 per centum limitation per

4 State and may be used without fiscal year limitation for

5 emergency projects: Provided further, That pursuant to

6 Public Law 97–365, the Department of the Interior is au7 thorized to utilize up to 20 per centum from the recovery

8 of the delinquent debt owed to the United States Govern9 ment to pay for contracts to collect these debts: Provided

10 further, That funds made available to States under title IV

11 of Public Law 95–87 may be used, at their discretion, for

12 any required non-Federal share of the cost of projects funded

13 by the Federal Government for the purpose of environ14 mental restoration related to treatment or abatement of acid

15 mine drainage from abandoned mines: Provided further,

16 That such projects must be consistent with the purposes and

17 priorities of the Surface Mining Control and Reclamation

18 Act.

19 BUREAU OF INDIAN AFFAIRS

20 OPERATION OF INDIAN PROGRAMS

21 For operation of Indian programs by direct expendi22 ture, contracts, cooperative agreements, compacts, and

23 grants including expenses necessary to provide education

24 and welfare services for Indians, either directly or in co25 operation with States and other organizations, including
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1 payment of care, tuition, assistance, and other expenses of

2 Indians in boarding homes, or institutions, or schools;

3 grants and other assistance to needy Indians; maintenance

4 of law and order; management, development, improvement,

5 and protection of resources and appurtenant facilities

6 under the jurisdiction of the Bureau of Indian Affairs, in7 cluding payment of irrigation assessments and charges; ac8 quisition of water rights; advances for Indian industrial

9 and business enterprises; operation of Indian arts and

10 crafts shops and museums; development of Indian arts and

11 crafts, as authorized by law; for the general administration

12 of the Bureau of Indian Affairs, including such expenses

13 in field offices; maintaining of Indian reservation roads as

14 defined in section 101 of title 23, United States Code; and

15 construction, repair, and improvement of Indian housing,

16 $1,384,434,000, of which not to exceed $100,255,000 shall

17 be for welfare assistance grants and not to exceed

18 $104,626,000 shall be for payments to tribes and tribal or19 ganizations for contract support costs associated with ongo20 ing contracts or grants or compacts entered into with the

21 Bureau of Indian Affairs prior to fiscal year 1996, as au22 thorized by the Indian Self-Determination Act of 1975, as

23 amended, and up to $5,000,000 shall be for the Indian Self24 Determination Fund, which shall be available for the tran25 sitional cost of initial or expanded tribal contracts, grants,
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1 compacts, or cooperative agreements with the Bureau of In2 dian Affairs under the provisions of the Indian Self-Deter3 mination Act; and of which not to exceed $330,711,000 for

4 school operations costs of Bureau-funded schools and other

5 education programs shall become available for obligation on

6 July 1, 1996, and shall remain available for obligation

7 until September 30, 1997; and of which not to exceed

8 $68,209,000 for higher education scholarships, adult voca9 tional training, and assistance to public schools under the

10 Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.

11 452 et seq.), shall remain available for obligation until Sep12 tember 30, 1997; and of which not to exceed $71,854,000

13 shall remain available until expended for housing improve14 ment, road maintenance, attorney fees, litigation support,

15 self-governance grants, the Indian Self-Determination

16 Fund, and the Navajo-Hopi Settlement Program: Provided,

17 That tribes and tribal contractors may use their tribal pri18 ority allocations for unmet indirect costs of ongoing con19 tracts, grants or compact agreements: Provided further,

20 That funds made available to tribes and tribal organiza21 tions through contracts or grants obligated during fiscal

22 year 1996, as authorized by the Indian Self-Determination

23 Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants

24 authorized by the Indian Education Amendments of 1988

25 (25 U.S.C. 2001 and 2008A) shall remain available until
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1 expended by the contractor or grantee: Provided further,

2 That to provide funding uniformity within a Self-Govern3 ance Compact, any funds provided in this Act with avail4 ability for more than one year may be reprogrammed to

5 one year availability but shall remain available within the

6 Compact until expended: Provided further, That notwith7 standing any other provision of law, Indian tribal govern8 ments may, by appropriate changes in eligibility criteria

9 or by other means, change eligibility for general assistance

10 or change the amount of general assistance payments for

11 individuals within the service area of such tribe who are

12 otherwise deemed eligible for general assistance payments

13 so long as such changes are applied in a consistent manner

14 to individuals similarly situated: Provided further, That

15 any savings realized by such changes shall be available for

16 use in meeting other priorities of the tribes: Provided fur17 ther, That any net increase in costs to the Federal Govern18 ment which result solely from tribally increased payment

19 levels for general assistance shall be met exclusively from

20 funds available to the tribe from within its tribal priority

21 allocation: Provided further, That any forestry funds allo22 cated to a tribe which remain unobligated as of September

23 30, 1996, may be transferred during fiscal year 1997 to

24 an Indian forest land assistance account established for the

25 benefit of such tribe within the tribe’s trust fund account:
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1 Provided further, That any such unobligated balances not

2 so transferred shall expire on September 30, 1997: Provided

3 further, That notwithstanding any other provision of law,

4 no funds available to the Bureau of Indian Affairs, other

5 than the amounts provided herein for assistance to public

6 schools under the Act of April 16, 1934 (48 Stat. 596), as

7 amended (25 U.S.C. 452 et seq.), shall be available to sup8 port the operation of any elementary or secondary school

9 in the State of Alaska in fiscal year 1996: Provided further,

10 That funds made available in this or any other Act for ex11 penditure through September 30, 1997 for schools funded

12 by the Bureau of Indian Affairs shall be available only to

13 the schools which are in the Bureau of Indian Affairs school

14 system as of September 1, 1995: Provided further, That no

15 funds available to the Bureau of Indian Affairs shall be

16 used to support expanded grades for any school beyond the

17 grade structure in place at each school in the Bureau of

18 Indian Affairs school system as of October 1, 1995: Provided

19 further, That notwithstanding the provisions of 25 U.S.C.

20 2011(h)(1)(B) and (c), upon the recommendation of a local

21 school board for a Bureau of Indian Affairs operated school,

22 the Secretary shall establish rates of basic compensation or

23 annual salary rates for the positions of teachers and coun24 selors (including dormitory and homeliving counselors) at

25 the school at a level not less than that for comparable posi-
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1 tions in public school districts in the same geographic area,

2 to become effective on July 1, 1997: Provided further, That

3 of the funds available only through September 30, 1995, not

4 to exceed $8,000,000 in unobligated and unexpended bal5 ances in the Operation of Indian Programs account shall

6 be merged with and made a part of the fiscal year 1996

7 Operation of Indian Programs appropriation, and shall re8 main available for obligation for employee severance, relo9 cation, and related expenses, until September 30, 1996.

10 CONSTRUCTION

11 For construction, major repair, and improvement of

12 irrigation and power systems, buildings, utilities, and other

13 facilities, including architectural and engineering services

14 by contract; acquisition of lands and interests in lands; and

15 preparation of lands for farming, $100,833,000, to remain

16 available until expended: Provided, That such amounts as

17 may be available for the construction of the Navajo Indian

18 Irrigation Project and for other water resource development

19 activities related to the Southern Arizona Water Rights Set20 tlement Act may be transferred to the Bureau of Reclama21 tion: Provided further, That not to exceed 6 per centum of

22 contract authority available to the Bureau of Indian Affairs

23 from the Federal Highway Trust Fund may be used to cover

24 the road program management costs of the Bureau of In25 dian Affairs: Provided further, That any funds provided for

26 the Safety of Dams program pursuant to 25 U.S.C. 13 shall
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1 be made available on a non-reimbursable basis: Provided

2 further, That for the fiscal year ending September 30, 1996,

3 in implementing new construction or facilities improve4 ment and repair project grants in excess of $100,000 that

5 are provided to tribally controlled grant schools under Pub6 lic Law 100–297, as amended, the Secretary of the Interior

7 shall use the Administrative and Audit Requirements and

8 Cost Principles for Assistance Programs contained in 43

9 CFR part 12 as the regulatory requirements: Provided fur10 ther, That such grants shall not be subject to section 12.61

11 of 43 CFR; the Secretary and the grantee shall negotiate

12 and determine a schedule of payments for the work to be

13 performed: Provided further, That in considering applica14 tions, the Secretary shall consider whether the Indian tribe

15 or tribal organization would be deficient in assuring that

16 the construction projects conform to applicable building

17 standards and codes and Federal, tribal, or State health

18 and safety standards as required by 25 U.S.C. 2005(a),

19 with respect to organizational and financial management

20 capabilities: Provided further, That if the Secretary declines

21 an application, the Secretary shall follow the requirements

22 contained in 25 U.S.C. 2505(f): Provided further, That any

23 disputes between the Secretary and any grantee concerning

24 a grant shall be subject to the disputes provision in 25

25 U.S.C. 2508(e).
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1 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

2 MISCELLANEOUS PAYMENTS TO INDIANS

3 For miscellaneous payments to Indian tribes and indi4 viduals and for necessary administrative expenses,

5 $80,645,000, to remain available until expended; of which

6 $78,600,000 shall be available for implementation of en7 acted Indian land and water claim settlements pursuant

8 to Public Laws 87–483, 97–293, 101–618, 102–374, 102–

9 441, 102–575, and 103–116, and for implementation of

10 other enacted water rights settlements, including not to ex11 ceed $8,000,000, which shall be for the Federal share of the

12 Catawba Indian Tribe of South Carolina Claims Settle13 ment, as authorized by section 5(a) of Public Law 103–

14 116; and of which $1,045,000 shall be available pursuant

15 to Public Laws 98–500, 99–264, and 100–580; and of which

16 $1,000,000 shall be available (1) to liquidate obligations

17 owed tribal and individual Indian payees of any checks

18 canceled pursuant to section 1003 of the Competitive Equal19 ity Banking Act of 1987 (Public Law 100–86 (101 Stat.

20 659)), 31 U.S.C. 3334(b), (2) to restore to Individual In21 dian Monies trust funds, Indian Irrigation Systems, and

22 Indian Power Systems accounts amounts invested in credit

23 unions or defaulted savings and loan associations and

24 which were not Federally insured, and (3) to reimburse In25 dian trust fund account holders for losses to their respective
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1 accounts where the claim for said loss(es) has been reduced

2 to a judgment or settlement agreement approved by the De3 partment of Justice.

4 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

5 For payment of management and technical assistance

6 requests associated with loans and grants approved under

7 the Indian Financing Act of 1974, as amended, $500,000.

8 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

9 For the cost of guaranteed loans $4,500,000, as author10 ized by the Indian Financing Act of 1974, as amended: Pro11 vided, That such costs, including the cost of modifying such

12 loans, shall be as defined in section 502 of the Congressional

13 Budget Act of 1974, as amended: Provided further, That

14 these funds are available to subsidize total loan principal,

15 any part of which is to be guaranteed, not to exceed

16 $35,914,000.

17 In addition, for administrative expenses necessary to

18 carry out the guaranteed loan program, $500,000.

19 ADMINISTRATIVE PROVISIONS

20 Appropriations for the Bureau of Indian Affairs shall

21 be available for expenses of exhibits, and purchase of not

22 to exceed 275 passenger carrying motor vehicles, of which

23 not to exceed 215 shall be for replacement only.
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1 TERRITORIAL AND INTERNATIONAL AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories

4 under the jurisdiction of the Department of the Interior,

5 $65,188,000, of which (1) $61,661,000 shall be available

6 until expended for technical assistance, including mainte7 nance assistance, disaster assistance, insular management

8 controls, and brown tree snake control and research; grants

9 to the judiciary in American Samoa for compensation and

10 expenses, as authorized by law (48 U.S.C. 1661(c)); grants

11 to the Government of American Samoa, in addition to cur12 rent local revenues, for construction and support of govern13 mental functions; grants to the Government of the Virgin

14 Islands as authorized by law; grants to the Government of

15 Guam, as authorized by law; and grants to the Government

16 of the Northern Mariana Islands as authorized by law

17 (Public Law 94–241; 90 Stat. 272); and (2) $3,527,000

18 shall be available for salaries and expenses of the Office of

19 Insular Affairs: Provided, That all financial transactions

20 of the territorial and local governments herein provided for,

21 including such transactions of all agencies or instrumental22 ities established or utilized by such governments, may be

23 audited by the General Accounting Office, at its discretion,

24 in accordance with chapter 35 of title 31, United States

25 Code: Provided further, That Northern Mariana Islands
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1 Covenant grant funding shall be provided according to those

2 terms of the Agreement of the Special Representatives on

3 Future United States Financial Assistance for the Northern

4 Mariana Islands approved by Public Law 99–396, or any

5 subsequent legislation related to Commonwealth of the

6 Northern Mariana Islands Covenant grant funding: Pro7 vided further, That of the amounts provided for technical

8 assistance, sufficient funding shall be made available for a

9 grant to the Close Up Foundation: Provided further, That

10 the funds for the program of operations and maintenance

11 improvement are appropriated to institutionalize routine

12 operations and maintenance of capital infrastructure in

13 American Samoa, Guam, the Virgin Islands, the Common14 wealth of the Northern Mariana Islands, the Republic of

15 Palau, the Republic of the Marshall Islands, and the Fed16 erated States of Micronesia through assessments of long17 range operations and maintenance needs, improved capa18 bility of local operations and maintenance institutions and

19 agencies (including management and vocational education

20 training), and project-specific maintenance (with terri21 torial participation and cost sharing to be determined by

22 the Secretary based on the individual territory’s commit23 ment to timely maintenance of its capital assets): Provided

24 further, That any appropriation for disaster assistance

25 under this head in this Act or previous appropriations Acts
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1 may be used as non-Federal matching funds for the purpose

2 of hazard mitigation grants provided pursuant to section

3 404 of the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5170c).

5 COMPACT OF FREE ASSOCIATION

6 For economic assistance and necessary expenses for the

7 Federated States of Micronesia and the Republic of the Mar8 shall Islands as provided for in sections 122, 221, 223, 232,

9 and 233 of the Compacts of Free Association, and for eco10 nomic assistance and necessary expenses for the Republic

11 of Palau as provided for in sections 122, 221, 223, 232,

12 and 233 of the Compact of Free Association, $24,938,000,

13 to remain available until expended, as authorized by Public

14 Law 99–239 and Public Law 99–658: Provided, That not15 withstanding section 112 of Public Law 101–219 (103 Stat.

16 1873), the Secretary of the Interior may agree to technical

17 changes in the specifications for the project described in the

18 subsidiary agreement negotiated under section 212(a) of the

19 Compact of Free Association, Public Law 99–658, or its

20 annex, if the changes do not result in increased costs to the

21 United States.

22 DEPARTMENTAL OFFICES

23 DEPARTMENTAL MANAGEMENT

24 SALARIES AND EXPENSES

25 For necessary expenses for management of the Depart26 ment of the Interior, $57,340,000, of which not to exceed
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1 $7,500 may be for official reception and representation ex2 penses.

3 OFFICE OF THE SOLICITOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Solicitor,

6 $34,516,000.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector Gen10 eral, $23,939,000.

11 CONSTRUCTION MANAGEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Construction

14 Management, $500,000.

15 NATIONAL INDIAN GAMING COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the National Indian Gaming

18 Commission, pursuant to Public Law 100–497, $1,000,000:

19 Provided, That on March 1, 1996, the Chairman shall sub20 mit to the Secretary a report detailing those Indian tribes

21 or tribal organizations with gaming operations that are in

22 full compliance, partial compliance, or non-compliance

23 with the provisions of the Indian Gaming Regulatory Act

24 (25 U.S.C. 2701, et seq.): Provided further, That the infor-
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1 mation contained in the report shall be updated on a con2 tinuing basis.

3 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

4 FEDERAL TRUST PROGRAMS

5 For operation of trust programs for Indians by direct

6 expenditure, contracts, cooperative agreements, compacts,

7 and grants, $16,338,000, of which $15,891,000 shall remain

8 available until expended for trust funds management: Pro9 vided, That funds made available to tribes and tribal orga10 nizations through contracts or grants obligated during fis11 cal year 1996, as authorized by the Indian Self-Determina12 tion Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),

13 shall remain available until expended by the contractor or

14 grantee: Provided further, That notwithstanding any other

15 provision of law, the statute of limitations shall not com16 mence to run on any claim, including any claim in litiga17 tion pending on the date of this Act, concerning losses to

18 or mismanagement of trust funds, until the affected tribe

19 or individual Indian has been furnished with the account20 ing of such funds from which the beneficiary can determine

21 whether there has been a loss: Provided further, That obli22 gated and unobligated balances provided for trust funds

23 management within ‘‘Operation of Indian programs’’, Bu24 reau of Indian Affairs are hereby transferred to and merged

25 with this appropriation.
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1 ADMINISTRATIVE PROVISIONS

2 There is hereby authorized for acquisition from avail3 able resources within the Working Capital Fund, 15 air4 craft, 10 of which shall be for replacement and which may

5 be obtained by donation, purchase or through available ex6 cess surplus property: Provided, That notwithstanding any

7 other provision of law, existing aircraft being replaced may

8 be sold, with proceeds derived or trade-in value used to offset

9 the purchase price for the replacement aircraft: Provided

10 further, That no programs funded with appropriated funds

11 in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’,

12 and ‘‘Office of Inspector General’’ may be augmented

13 through the Working Capital Fund or the Consolidated

14 Working Fund.

15 GENERAL PROVISIONS, DEPARTMENT OF THE

16 INTERIOR

17 SEC. 101. Appropriations made in this title shall be

18 available for expenditure or transfer (within each bureau

19 or office), with the approval of the Secretary, for the emer20 gency reconstruction, replacement, or repair of aircraft,

21 buildings, utilities, or other facilities or equipment dam22 aged or destroyed by fire, flood, storm, or other unavoidable

23 causes: Provided, That no funds shall be made available

24 under this authority until funds specifically made available

25 to the Department of the Interior for emergencies shall have
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1 been exhausted: Provided further, That all funds used pur2 suant to this section are hereby designated by Congress to

3 be ‘‘emergency requirements’’ pursuant to section

4 251(b)(2)(D) of the Balanced Budget and Emergency Defi5 cit Control Act of 1985 and must be replenished by a sup6 plemental appropriation which must be requested as

7 promptly as possible.

8 SEC. 102. The Secretary may authorize the expendi9 ture or transfer of any no year appropriation in this title,

10 in addition to the amounts included in the budget programs

11 of the several agencies, for the suppression or emergency

12 prevention of forest or range fires on or threatening lands

13 under the jurisdiction of the Department of the Interior;

14 for the emergency rehabilitation of burned-over lands under

15 its jurisdiction; for emergency actions related to potential

16 or actual earthquakes, floods, volcanoes, storms, or other un17 avoidable causes; for contingency planning subsequent to

18 actual oilspills; response and natural resource damage as19 sessment activities related to actual oilspills; for the preven20 tion, suppression, and control of actual or potential grass21 hopper and Mormon cricket outbreaks on lands under the

22 jurisdiction of the Secretary, pursuant to the authority in

23 section 1773(b) of Public Law 99–198 (99 Stat. 1658); for

24 emergency reclamation projects under section 410 of Public

25 Law 95–87; and shall transfer, from any no year funds
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1 available to the Office of Surface Mining Reclamation and

2 Enforcement, such funds as may be necessary to permit as3 sumption of regulatory authority in the event a primacy

4 State is not carrying out the regulatory provisions of the

5 Surface Mining Act: Provided, That appropriations made

6 in this title for fire suppression purposes shall be available

7 for the payment of obligations incurred during the preced8 ing fiscal year, and for reimbursement to other Federal

9 agencies for destruction of vehicles, aircraft, or other equip10 ment in connection with their use for fire suppression pur11 poses, such reimbursement to be credited to appropriations

12 currently available at the time of receipt thereof: Provided

13 further, That for emergency rehabilitation and wildfire sup14 pression activities, no funds shall be made available under

15 this authority until funds appropriated to the ‘‘Emergency

16 Department of the Interior Firefighting Fund’’ shall have

17 been exhausted: Provided further, That all funds used pur18 suant to this section are hereby designated by Congress to

19 be ‘‘emergency requirements’’ pursuant to section

20 251(b)(2)(D) of the Balanced Budget and Emergency Defi21 cit Control Act of 1985 and must be replenished by a sup22 plemental appropriation which must be requested as

23 promptly as possible: Provided further, That such replenish24 ment funds shall be used to reimburse, on a pro rata basis,

25 accounts from which emergency funds were transferred.
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1 SEC. 103. Appropriations made in this title shall be

2 available for operation of warehouses, garages, shops, and

3 similar facilities, wherever consolidation of activities will

4 contribute to efficiency or economy, and said appropria5 tions shall be reimbursed for services rendered to any other

6 activity in the same manner as authorized by sections 1535

7 and 1536 of title 31, United States Code: Provided, That

8 reimbursements for costs and supplies, materials, equip9 ment, and for services rendered may be credited to the ap10 propriation current at the time such reimbursements are

11 received.

12 SEC. 104. Appropriations made to the Department of

13 the Interior in this title shall be available for services as

14 authorized by 5 U.S.C. 3109, when authorized by the Sec15 retary, in total amount not to exceed $500,000; hire, main16 tenance, and operation of aircraft; hire of passenger motor

17 vehicles; purchase of reprints; payment for telephone service

18 in private residences in the field, when authorized under

19 regulations approved by the Secretary; and the payment of

20 dues, when authorized by the Secretary, for library member21 ship in societies or associations which issue publications to

22 members only or at a price to members lower than to sub23 scribers who are not members.

24 SEC. 105. Appropriations available to the Department

25 of the Interior for salaries and expenses shall be available
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1 for uniforms or allowances therefor, as authorized by law

2 (5 U.S.C. 5901–5902 and D.C. Code 4–204).

3 SEC. 106. Appropriations made in this title shall be

4 available for obligation in connection with contracts issued

5 for services or rentals for periods not in excess of twelve

6 months beginning at any time during the fiscal year.

7 SEC. 107. Appropriations made in this title from the

8 Land and Water Conservation Fund for acquisition of

9 lands and waters, or interests therein, shall be available for

10 transfer, with the approval of the Secretary, between the

11 following accounts: Bureau of Land Management, Land ac12 quisition, United States Fish and Wildlife Service, Land

13 acquisition, and National Park Service, Land acquisition

14 and State assistance. Use of such funds are subject to the

15 reprogramming guidelines of the House and Senate Com16 mittees on Appropriations.

17 SEC. 108. Prior to the transfer of Presidio properties

18 to the Presidio Trust, when authorized, the Secretary may

not obligate in any calendar month more than 1 19 ⁄12 of the

20 fiscal year 1996 appropriation for operation of the Pre21 sidio: Provided, That this section shall expire on December

22 31, 1995.

23 SEC. 109. Section 6003 of Public Law 101–380 is here24 by repealed.
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1 SEC. 110. None of the funds appropriated or otherwise

2 made available by this Act may be obligated or expended

3 by the Secretary of the Interior for developing, promulgat4 ing, and thereafter implementing a rule concerning rights5 of-way under section 2477 of the Revised Statutes.

6 SEC. 111. No funds provided in this title may be ex7 pended by the Department of the Interior for the conduct

8 of offshore leasing and related activities placed under re9 striction in the President’s moratorium statement of June

10 26, 1990, in the areas of Northern, Central, and Southern

11 California; the North Atlantic; Washington and Oregon;

12 and the Eastern Gulf of Mexico south of 26 degrees north

13 latitude and east of 86 degrees west longitude.

14 SEC. 112. No funds provided in this title may be ex15 pended by the Department of the Interior for the conduct

16 of leasing, or the approval or permitting of any drilling

17 or other exploration activity, on lands within the North

18 Aleutian Basin planning area.

19 SEC. 113. No funds provided in this title may be ex20 pended by the Department of the Interior for the conduct

21 of preleasing and leasing activities in the Eastern Gulf of

22 Mexico for Outer Continental Shelf Lease Sale 151 in the

23 Outer Continental Shelf Natural Gas and Oil Resource

24 Management Comprehensive Program, 1992–1997.
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1 SEC. 114. No funds provided in this title may be ex2 pended by the Department of the Interior for the conduct

3 of preleasing and leasing activities in the Atlantic for Outer

4 Continental Shelf Lease Sale 164 in the Outer Continental

5 Shelf Natural Gas and Oil Resource Management Com6 prehensive Program, 1992–1997.

7 SEC. 115. (a) Of the funds appropriated by this Act

8 or any subsequent Act providing for appropriations in fis9 cal years 1996 and 1997, not more than 50 percent of any

10 self-governance funds that would otherwise be allocated to

11 each Indian tribe in the State of Washington shall actually

12 be paid to or on account of such Indian tribe from and

13 after the time at which such tribe shall—

14 (1) take unilateral action that adversely impacts

15 the existing rights to and/or customary uses of,

16 nontribal member owners of fee simple land within

17 the exterior boundary of the tribe’s reservation to

18 water, electricity, or any other similar utility or ne19 cessity for the nontribal members’ residential use of

20 such land; or

21 (2) restrict or threaten to restrict said owners

22 use of or access to publicly maintained rights-of-way

23 necessary or desirable in carrying the utilities or ne24 cessities described above.
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1 (b) Such penalty shall not attach to the initiation of

2 any legal actions with respect to such rights or the enforce3 ment of any final judgments, appeals from which have been

4 exhausted, with respect thereto.

5 SEC. 116. Within 30 days after the enactment of this

6 Act, the Department of the Interior shall issue a specific

7 schedule for the completion of the Lake Cushman Land Ex8 change Act (Public Law 102–436) and shall complete the

9 exchange not later than September 30, 1996.

10 SEC. 117. Notwithstanding Public Law 90–544, as

11 amended, the National Park Service is authorized to expend

12 appropriated funds for maintenance and repair of the Com13 pany Creek Road in the Lake Chelan National Recreation

14 Area: Provided, That appropriated funds shall not be ex15 pended for the purpose of improving the property of private

16 individuals unless specifically authorized by law.

17 SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat.

18 263) as added by section 10 of Public Law 99–396 is

19 amended by deleting ‘‘until Congress otherwise provides by

20 law.’’ and inserting in lieu thereof: ‘‘except that, for fiscal

21 years 1996 through 2002, payments to the Commonwealth

22 of the Northern Mariana Islands pursuant to the multi-year

23 funding agreements contemplated under the Covenant shall

24 be $11,000,000 annually, subject to an equal local match

25 and all other requirements set forth in the Agreement of
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1 the Special Representatives on Future Federal Financial

2 Assistance of the Northern Mariana Islands, executed on

3 December 17, 1992 between the special representative of the

4 President of the United States and special representatives

5 of the Governor of the Northern Mariana Islands with any

6 additional amounts otherwise made available under this

7 section in any fiscal year and not required to meet the

8 schedule of payments in this subsection to be provided as

9 set forth in subsection (c) until Congress otherwise provides

10 by law.

11 ‘‘(c) The additional amounts referred to in subsection

12 (b) shall be made available to the Secretary for obligation

13 as follows:

14 ‘‘(1) for fiscal years 1996 through 2001,

15 $4,580,000 annually for capital infrastructure

16 projects as Impact Aid for Guam under section

17 104(c)(6) of Public Law 99–239;

18 ‘‘(2) for fiscal year 1996, $7,700,000 shall be

19 provided for capital infrastructure projects in Amer20 ican Samoa; $4,420,000 for resettlement of Rongelap

21 Atoll; and

22 ‘‘(3) for fiscal years 1997 and thereafter, all such

23 amounts shall be available solely for capital infra24 structure projects in Guam, the Virgin Islands, Amer25 ican Samoa, the Commonwealth of the Northern Mar-
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1 iana Islands, the Republic of Palau, the Federated

2 States of Micronesia and the Republic of the Marshall

3 Islands: Provided, That, in fiscal year 1997,

4 $3,000,000 of such amounts shall be made available

5 to the College of the Northern Marianas and begin6 ning in fiscal year 1997, and in each year thereafter,

7 not to exceed $3,000,000 may be allocated, as pro8 vided in appropriations Acts, to the Secretary of the

9 Interior for use by Federal agencies or the Common10 wealth of the Northern Mariana Islands to address

11 immigration, labor, and law enforcement issues in the

12 Northern Mariana Islands. The specific projects to be

13 funded in American Samoa shall be set forth in a

14 five-year plan for infrastructure assistance developed

15 by the Secretary of the Interior in consultation with

16 the American Samoa Government and updated annu17 ally and submitted to the Congress concurrent with

18 the budget justifications for the Department of the In19 terior. In developing budget recommendations for cap20 ital infrastructure funding, the Secretary shall indi21 cate the highest priority projects, consider the extent

22 to which particular projects are part of an overall

23 master plan, whether such project has been reviewed

24 by the Corps of Engineers and any recommendations

25 made as a result of such review, the extent to which
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1 a set-aside for maintenance would enhance the life of

2 the project, the degree to which a local cost-share re3 quirement would be consistent with local economic

4 and fiscal capabilities, and may propose an incre5 mental set-aside, not to exceed $2,000,000 per year, to

6 remain available without fiscal year limitation, as an

7 emergency fund in the event of natural or other disas8 ters to supplement other assistance in the repair, re9 placement, or hardening of essential facilities: Pro10 vided further, That the cumulative amount set aside

11 for such emergency fund may not exceed $10,000,000

12 at any time.

13 ‘‘(d) Within the amounts allocated for infrastructure

14 pursuant to this section, and subject to the specific alloca15 tions made in subsection (c), additional contributions may

16 be made, as set forth in appropriations Acts, to assist in

17 the resettlement of Rongelap Atoll: Provided, That the total

18 of all contributions from any Federal source after enact19 ment of this Act may not exceed $32,000,000 and shall be

20 contingent upon an agreement, satisfactory to the Presi21 dent, that such contributions are a full and final settlement

22 of all obligations of the United States to assist in the reset23 tlement of Rongelop Atoll and that such funds will be ex24 pended solely on resettlement activities and will be properly

25 audited and accounted for. In order to provide such con-
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1 tributions in a timely manner, each Federal agency provid2 ing assistance or services, or conducting activities, in the

3 Republic of the Marshall Islands, is authorized to make

4 funds available through the Secretary of the Interior, to as5 sist in the resettlement of Rongelap. Nothing in this sub6 section shall be construed to limit the provision of ex gratia

7 assistance pursuant to section 105(c)(2) of the Compact of

8 Free Association Act of 1985 (Public Law 99–239, 99 Stat.

9 1770, 1792) including for individuals choosing not to reset10 tle at Rongelap, except that no such assistance for such in11 dividuals may be provided until the Secretary notifies the

12 Congress that the full amount of all funds necessary for re13 settlement at Rongelap has been provided.’’.

14 TITLE II—RELATED AGENCIES

15 DEPARTMENT OF AGRICULTURE

16 FOREST SERVICE

17 FOREST RESEARCH

18 For necessary expenses of forest research as authorized

19 by law, $177,757,000, to remain available until September

20 30, 1997.

21 STATE AND PRIVATE FORESTRY

22 For necessary expenses of cooperating with, and pro23 viding technical and financial assistance to States, Terri24 tories, possessions, and others and for forest pest manage25 ment activities, cooperative forestry and education and
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1 land conservation activities, $136,695,000, to remain avail2 able until expended, as authorized by law: Provided, That

3 of funds available under this heading for Pacific Northwest

4 Assistance in this or prior appropriations Acts, $200,000

5 shall be provided to the World Forestry Center for purposes

6 of continuing scientific research and other authorized efforts

7 regarding the land exchange efforts in the Umpqua River

8 Basin Region.

9 NATIONAL FOREST SYSTEM

10 For necessary expenses of the Forest Service, not other11 wise provided for, for management, protection, improve12 ment, and utilization of the National Forest System, for

13 ecosystem planning, inventory, and monitoring, and for ad14 ministrative expenses associated with the management of

15 funds provided under the heads ‘‘Forest Research’’, ‘‘State

16 and Private Forestry’’, ‘‘National Forest System’’, ‘‘Con17 struction’’, ‘‘Fire Protection and Emergency Suppression’’,

18 and ‘‘Land Acquisition’’, $1,255,004,999, to remain avail19 able for obligation until September 30, 1997, and including

20 65 per centum of all monies received during the prior fiscal

21 year as fees collected under the Land and Water Conserva22 tion Fund Act of 1965, as amended, in accordance with

23 section 4 of the Act (16 U.S.C. 460l–6a(i)), of which not

24 more than $81,249,999 shall be available for travel ex25 penses: Provided, That unobligated and unexpended bal-
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1 ances in the National Forest System account at the end of

2 fiscal year 1995, shall be merged with and made a part

3 of the fiscal year 1996 National Forest System appropria4 tion, and shall remain available for obligation until Sep5 tember 30, 1997: Provided further, That up to $5,000,000

6 of the funds provided herein for road maintenance shall be

7 available for the planned obliteration of roads which are

8 no longer needed.

9 WILDLAND FIRE MANAGEMENT

10 For necessary expenses for forest fire presuppression

11 activities on National Forest System lands, for emergency

12 fire suppression on or adjacent to National Forest System

13 lands or other lands under fire protection agreement, and

14 for emergency rehabilitation of burned over National Forest

15 System lands, $385,485,000, to remain available until ex16 pended: Provided, That unexpended balances of amounts

17 previously appropriated under any other headings for For18 est Service fire activities may be transferred to and merged

19 with this appropriation: Provided further, That such funds

20 are available for repayment of advances from other appro21 priations accounts previously transferred for such purposes.

22 CONSTRUCTION

23 For necessary expenses of the Forest Service, not other24 wise provided for, $163,384,000, to remain available until

25 expended, for construction and acquisition of buildings and

26 other facilities, and for construction and repair of forest
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1 roads and trails by the Forest Service as authorized by 16

2 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,

3 That funds becoming available in fiscal year 1996 under

4 the Act of March 4, 1913 (16 U.S.C. 501) shall be trans5 ferred to the General Fund of the Treasury of the United

6 States: Provided further, That not to exceed $50,000,000,

7 to remain available until expended, may be obligated for

8 the construction of forest roads by timber purchasers: Pro9 vided further, That $2,500,000 of the funds appropriated

10 herein shall be available for a grant to the ‘‘Non-Profit Citi11 zens for the Columbia Gorge Discovery Center’’ for the con12 struction of the Columbia Gorge Discovery Center: Provided

13 further, That the Forest Service is authorized to grant the

14 unobligated balance of funds appropriated in fiscal year

15 1995 for the construction of the Columbia Gorge Discovery

16 Center and related trail construction funds to the ‘‘Non17 Profit Citizens for the Columbia Gorge Discovery Center’’

18 to be used for the same purpose: Provided further, That the

19 Forest Service is authorized to convey the land needed for

20 the construction of the Columbia Gorge Discovery Center

21 without cost to the ‘‘Non-Profit Citizens for the Columbia

22 Gorge Discovery Center’’: Provided further, That notwith23 standing any other provision of law, funds originally ap24 propriated under this head in Public Law 101–512 for the

25 Forest Service share of a new research facility at the Uni-
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1 versity of Missouri, Columbia, shall be available for a grant

2 to the University of Missouri, as the Federal share in the

3 construction of the new facility: Provided further, That

4 agreed upon lease of space in the new facility shall be pro5 vided to the Forest Service without charge for the life of

6 the building.

7 LAND ACQUISITION

8 For expenses necessary to carry out the provisions of

9 the Land and Water Conservation Fund Act of 1965, as

10 amended (16 U.S.C. 460l–4–11), including administrative

11 expenses, and for acquisition of land or waters, or interest

12 therein, in accordance with statutory authority applicable

13 to the Forest Service, $41,200,000, to be derived from the

14 Land and Water Conservation Fund, to remain available

15 until expended.

16 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

17 ACTS

18 For acquisition of lands within the exterior boundaries

19 of the Cache, Uinta, and Wasatch National Forests, Utah;

20 the Toiyabe National Forest, Nevada; and the Angeles, San

21 Bernardino, Sequoia, and Cleveland National Forests, Cali22 fornia, as authorized by law, $1,069,000, to be derived from

23 forest receipts.
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1 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

2 For acquisition of lands, to be derived from funds de3 posited by State, county, or municipal governments, public

4 school districts, or other public school authorities pursuant

5 to the Act of December 4, 1967, as amended (16 U.S.C.

6 484a), to remain available until expended.

7 RANGE BETTERMENT FUND

8 For necessary expenses of range rehabilitation, protec9 tion, and improvement, 50 per centum of all moneys re10 ceived during the prior fiscal year, as fees for grazing do11 mestic livestock on lands in National Forests in the sixteen

12 Western States, pursuant to section 401(b)(1) of Public Law

13 94–579, as amended, to remain available until expended,

14 of which not to exceed 6 per centum shall be available for

15 administrative expenses associated with on-the-ground

16 range rehabilitation, protection, and improvements.

17 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

18 RANGELAND RESEARCH

19 For expenses authorized by 16 U.S.C. 1643(b),

20 $92,000, to remain available until expended, to be derived

21 from the fund established pursuant to the above Act.

22 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

23 Appropriations to the Forest Service for the current

24 fiscal year shall be available for: (a) purchase of not to ex25 ceed 183 passenger motor vehicles of which 32 will be used
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1 primarily for law enforcement purposes and of which 151

2 shall be for replacement; acquisition of 22 passenger motor

3 vehicles from excess sources, and hire of such vehicles; oper4 ation and maintenance of aircraft, the purchase of not to

5 exceed two for replacement only, and acquisition of 20 air6 craft from excess sources; notwithstanding other provisions

7 of law, existing aircraft being replaced may be sold, with

8 proceeds derived or trade-in value used to offset the pur9 chase price for the replacement aircraft; (b) services pursu10 ant to the second sentence of section 706(a) of the Organic

11 Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000

12 for employment under 5 U.S.C. 3109; (c) purchase, erection,

13 and alteration of buildings and other public improvements

14 (7 U.S.C. 2250); (d) acquisition of land, waters, and inter15 ests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.

16 428a); (e) for expenses pursuant to the Volunteers in the

17 National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a

18 note); and (f) for debt collection contracts in accordance

19 with 31 U.S.C. 3718(c).

20 None of the funds made available under this Act shall

21 be obligated or expended to change the boundaries of any

22 region, to abolish any region, to move or close any regional

23 office for research, State and private forestry, or National

24 Forest System administration of the Forest Service, Depart25 ment of Agriculture, or to implement any reorganization,
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1 ‘‘reinvention’’ or other type of organizational restructuring

2 of the Forest Service, other than the relocation of the Re3 gional Office for Region 5 of the Forest Service from San

4 Francisco to excess military property at Mare Island,

5 Vallejo, California, without the consent of the House and

6 Senate Committees on Appropriations and the Committee

7 on Agriculture, Nutrition, and Forestry and the Committee

8 on Energy and Natural Resources in the United States Sen9 ate and the Committee on Agriculture and the Committee

10 on Resources in the United States House of Representatives.

11 Any appropriations or funds available to the Forest

12 Service may be advanced to the Fire and Emergency Sup13 pression appropriation and may be used for forest firefight14 ing and the emergency rehabilitation of burned-over lands

15 under its jurisdiction: Provided, That no funds shall be

16 made available under this authority until funds appro17 priated to the ‘‘Emergency Forest Service Firefighting

18 Fund’’ shall have been exhausted.

19 Any funds available to the Forest Service may be used

20 for retrofitting Mare Island facilities to accommodate the

21 relocation: Provided, That funds for the move must come

22 from funds otherwise available to Region 5: Provided fur23 ther, That any funds to be provided for such purposes shall

24 only be available upon approval of the House and Senate

25 Committees on Appropriations.
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1 Funds appropriated to the Forest Service shall be

2 available for assistance to or through the Agency for Inter3 national Development and the Foreign Agricultural Service

4 in connection with forest and rangeland research, technical

5 information, and assistance in foreign countries, and shall

6 be available to support forestry and related natural resource

7 activities outside the United States and its territories and

8 possessions, including technical assistance, education and

9 training, and cooperation with United States and inter10 national organizations.

11 None of the funds made available to the Forest Service

12 under this Act shall be subject to transfer under the provi13 sions of section 702(b) of the Department of Agriculture Or14 ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless

15 the proposed transfer is approved in advance by the House

16 and Senate Committees on Appropriations in compliance

17 with the reprogramming procedures contained in House Re18 port 103–551.

19 No funds appropriated to the Forest Service shall be

20 transferred to the Working Capital Fund of the Department

21 of Agriculture without the approval of the Chief of the For22 est Service.

23 Notwithstanding any other provision of law, any ap24 propriations or funds available to the Forest Service may

25 be used to disseminate program information to private and
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1 public individuals and organizations through the use of

2 nonmonetary items of nominal value and to provide

3 nonmonetary awards of nominal value and to incur nec4 essary expenses for the nonmonetary recognition of private

5 individuals and organizations that make contributions to

6 Forest Service programs.

7 Notwithstanding any other provision of law, money

8 collected, in advance or otherwise, by the Forest Service

9 under authority of section 101 of Public Law 93–153 (30

10 U.S.C. 185(1)) as reimbursement of administrative and

11 other costs incurred in processing pipeline right-of-way or

12 permit applications and for costs incurred in monitoring

13 the construction, operation, maintenance, and termination

14 of any pipeline and related facilities, may be used to reim15 burse the applicable appropriation to which such costs were

16 originally charged.

17 Funds available to the Forest Service shall be available

18 to conduct a program of not less than $1,000,000 for high

19 priority projects within the scope of the approved budget

20 which shall be carried out by the Youth Conservation Corps

21 as authorized by the Act of August 13, 1970, as amended

22 by Public Law 93–408.

23 None of the funds available in this Act shall be used

24 for timber sale preparation using clearcutting in hardwood

25 stands in excess of 25 percent of the fiscal year 1989 har-
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1 vested volume in the Wayne National Forest, Ohio: Pro2 vided, That this limitation shall not apply to hardwood

3 stands damaged by natural disaster: Provided further, That

4 landscape architects shall be used to maintain a visually

5 pleasing forest.

6 Any money collected from the States for fire suppres7 sion assistance rendered by the Forest Service on non-Fed8 eral lands not in the vicinity of National Forest System

9 lands shall be used to reimburse the applicable appropria10 tion and shall remain available until expended as the Sec11 retary may direct in conducting activities authorized by

12 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.

13 Of the funds available to the Forest Service, $1,500 is

14 available to the Chief of the Forest Service for official recep15 tion and representation expenses.

16 Notwithstanding any other provision of law, the Forest

17 Service is authorized to employ or otherwise contract with

18 persons at regular rates of pay, as determined by the Serv19 ice, to perform work occasioned by emergencies such as fires,

20 storms, floods, earthquakes or any other unavoidable cause

21 without regard to Sundays, Federal holidays, and the regu22 lar workweek.

23 To the greatest extent possible, and in accordance with

24 the Final Amendment to the Shawnee National Forest Plan,

25 none of the funds available in this Act shall be used for
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1 preparation of timber sales using clearcutting or other

2 forms of even aged management in hardwood stands in the

3 Shawnee National Forest, Illinois.

4 Funds appropriated to the Forest Service shall be

5 available for interactions with and providing technical as6 sistance to rural communities for sustainable rural develop7 ment purposes.

8 Notwithstanding any other provision of law, eighty

9 percent of the funds appropriated to the Forest Service in

10 the National Forest System and Construction accounts and

11 planned to be allocated to activities under the ‘‘Jobs in the

12 Woods’’ program for projects on National Forest land in

13 the State of Washington may be granted directly to the

14 Washington State Department of Fish and Wildlife for ac15 complishment of planned projects. Twenty percent of said

16 funds shall be retained by the Forest Service for planning

17 and administering projects. Project selection and

18 prioritization shall be accomplished by the Forest Service

19 with such consultation with the State of Washington as the

20 Forest Service deems appropriate.

21 For one year after enactment of this Act, the Secretary

22 shall continue the current Tongass Land Management Plan

23 (TLMP) and may accommodate commercial tourism (if an

24 agreement is signed between the Forest Service and the

25 Alaska Visitors’ Association) except that during this period,
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1 the Secretary shall maintain at least the number of acres

2 of suitable available and suitable scheduled timber lands,

3 and Allowable Sale Quantity as identified in the Preferred

4 Alternative (Alternative P) in the Tongass Land and Re5 sources Management Plan and Final Environmental Im6 pact Statement (dated October 1992) as selected in the

7 Record of Decision Review Draft #3–2/93. Nothing in this

8 paragraph shall be interpreted to mandate clear-cutting or

9 require the sale of timber and nothing in this paragraph,

10 including the ASQ identified in Alternative P, shall be con11 strued to limit the Secretary’s consideration of new infor12 mation or to prejudice future revision, amendment or modi13 fication of TLMP based upon sound, verifiable scientific

14 data.

15 If the Forest Service determines in a Supplemental

16 Evaluation to an Environmental Impact Statement that no

17 additional analysis under the National Environmental Pol18 icy Act or section 810 of the Alaska National Interest Lands

19 Conservation Act is necessary for any timber sale or offer20 ing which has been prepared for acceptance by, or award

21 to, a purchaser after December 31, 1988, that has been sub22 sequently determined by the Forest Service to be available

23 for sale or offering to one or more other purchaser, the

24 change of purchasers for whatever reason shall not be con25 sidered a significant new circumstance, and the Forest
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1 Service may offer or award such timber sale or offering to

2 a different purchaser or offeree, notwithstanding any other

3 provision of law. A determination by the Forest Service

4 pursuant to this paragraph shall not be subject to judicial

5 review.

6 None of the funds appropriated under this Act for the

7 Forest Service shall be made available for the purpose of

8 applying paint to rocks, or rock colorization: Provided,

9 That notwithstanding any other provision of law, the Forest

10 Service shall not require of any individual or entity, as

11 part of any permitting process under its authority, or as

12 a requirement of compliance with the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

14 painting or colorization of rocks.

15 DEPARTMENT OF ENERGY

16 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

17 For necessary expenses in carrying out fossil energy

18 research and development activities, under the authority of

19 the Department of Energy Organization Act (Public Law

20 95–91), including the acquisition of interest, including de21 feasible and equitable interests in any real property or any

22 facility or for plant or facility acquisition or expansion,

23 and for promoting health and safety in mines and the min24 eral industry through research (30 U.S.C. 3, 861(b), and

25 951(a)), for conducting inquiries, technological investiga-
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1 tions and research concerning the extraction, processing,

2 use, and disposal of mineral substances without objection3 able social and environmental costs (30 U.S.C. 3, 1602, and

4 1603), and for the development of methods for the disposal,

5 control, prevention, and reclamation of waste products in

6 the mining, minerals, metal, and mineral reclamation in7 dustries (30 U.S.C. 3 and 21a), $417,092,000, to remain

8 available until expended: Provided, That no part of the sum

9 herein made available shall be used for the field testing of

10 nuclear explosives in the recovery of oil and gas.

11 ALTERNATIVE FUELS PRODUCTION

12 (INCLUDING TRANSFER OF FUNDS)

13 Monies received as investment income on the principal

14 amount in the Great Plains Project Trust at the Norwest

15 Bank of North Dakota, in such sums as are earned as of

16 October 1, 1995, shall be deposited in this account and im17 mediately transferred to the General Fund of the Treasury.

18 Monies received as revenue sharing from the operation of

19 the Great Plains Gasification Plant shall be immediately

20 transferred to the General Fund of the Treasury.

21 NAVAL PETROLEUM AND OIL SHALE RESERVES

22 For necessary expenses in carrying out naval petro23 leum and oil shale reserve activities, $148,786,000, to re24 main available until expended: Provided, That the require25 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
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1 year 1996: Provided further, That section 501 of Public

2 Law 101–45 is hereby repealed.

3 ENERGY CONSERVATION

4 For necessary expenses in carrying out energy con5 servation activities, $553,240,000, to remain available until

6 expended, including, notwithstanding any other provision

7 of law, the excess amount for fiscal year 1996 determined

8 under the provisions of section 3003(d) of Public Law 99–

9 509 (15 U.S.C. 4502), and of which $16,000,000 shall be

10 derived from available unobligated balances in the Biomass

11 Energy Development account: Provided, That $140,696,000

12 shall be for use in energy conservation programs as defined

13 in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507)

14 and shall not be available until excess amounts are deter15 mined under the provisions of section 3003(d) of Public

16 Law 99–509 (15 U.S.C. 4502): Provided further, That not17 withstanding section 3003(d)(2) of Public Law 99–509 such

18 sums shall be allocated to the eligible programs as follows:

19 $114,196,000 for the weatherization assistance program

20 and $26,500,000 for the State energy conservation program.

21 ECONOMIC REGULATION

22 For necessary expenses in carrying out the activities

23 of the Economic Regulatory Administration and the Office

24 of Hearings and Appeals, $6,297,000, to remain available

25 until expended.
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1 STRATEGIC PETROLEUM RESERVE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for Strategic Petroleum Reserve

4 facility development and operations and program manage5 ment activities pursuant to the Energy Policy and Con6 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),

7 $287,000,000, to remain available until expended, of which

8 $187,000,000 shall be derived by transfer of unobligated bal9 ances from the ‘‘SPR petroleum account’’ and $100,000,000

10 shall be derived by transfer from the ‘‘SPR Decommission11 ing Fund’’: Provided, That notwithstanding section 161 of

12 the Energy Policy and Conservation Act, the Secretary shall

13 draw down and sell up to seven million barrels of oil from

14 the Strategic Petroleum Reserve: Provided further, That the

15 proceeds from the sale shall be deposited into a special ac16 count in the Treasury, to be established and known as the

17 ‘‘SPR Decommissioning Fund’’, and shall be available for

18 the purpose of removal of oil from and decommissioning

19 of the Weeks Island site and for other purposes related to

20 the operations of the Strategic Petroleum Reserve.

21 SPR PETROLEUM ACCOUNT

22 Notwithstanding 42 U.S.C. 6240(d) the United States

23 share of crude oil in Naval Petroleum Reserve Numbered

24 1 (Elk Hills) may be sold or otherwise disposed of to other

25 than the Strategic Petroleum Reserve: Provided, That out-
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1 lays in fiscal year 1996 resulting from the use of funds in

2 this account shall not exceed $5,000,000.

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities

5 of the Energy Information Administration, $72,266,000, to

6 remain available until expended: Provided, That notwith7 standing section 4(d) of the Service Contract Act of 1965

8 (41 U.S.C. 353(d)) or any other provision of law, funds

9 appropriated under this heading hereafter may be used to

10 enter into a contract for end use consumption surveys for

11 a term not to exceed eight years: Provided further, That

12 notwithstanding any other provision of law, hereafter the

13 Manufacturing Energy Consumption Survey shall be con14 ducted on a triennial basis.

15 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

16 Appropriations under this Act for the current fiscal

17 year shall be available for hire of passenger motor vehicles;

18 hire, maintenance, and operation of aircraft; purchase, re19 pair, and cleaning of uniforms; and reimbursement to the

20 General Services Administration for security guard serv21 ices.

22 From appropriations under this Act, transfers of sums

23 may be made to other agencies of the Government for the

24 performance of work for which the appropriation is made.
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HR 3019 EAS

1 None of the funds made available to the Department

2 of Energy under this Act shall be used to implement or fi3 nance authorized price support or loan guarantee programs

4 unless specific provision is made for such programs in an

5 appropriations Act.

6 The Secretary is authorized to accept lands, buildings,

7 equipment, and other contributions from public and private

8 sources and to prosecute projects in cooperation with other

9 agencies, Federal, State, private, or foreign: Provided, That

10 revenues and other moneys received by or for the account

11 of the Department of Energy or otherwise generated by sale

12 of products in connection with projects of the Department

13 appropriated under this Act may be retained by the Sec14 retary of Energy, to be available until expended, and used

15 only for plant construction, operation, costs, and payments

16 to cost-sharing entities as provided in appropriate cost17 sharing contracts or agreements: Provided further, That the

18 remainder of revenues after the making of such payments

19 shall be covered into the Treasury as miscellaneous receipts:

20 Provided further, That any contract, agreement, or provi21 sion thereof entered into by the Secretary pursuant to this

22 authority shall not be executed prior to the expiration of

23 30 calendar days (not including any day in which either

24 House of Congress is not in session because of adjournment

25 of more than three calendar days to a day certain) from
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HR 3019 EAS

1 the receipt by the Speaker of the House of Representatives

2 and the President of the Senate of a full comprehensive re3 port on such project, including the facts and circumstances

4 relied upon in support of the proposed project.

5 No funds provided in this Act may be expended by the

6 Department of Energy to prepare, issue, or process procure7 ment documents for programs or projects for which appro8 priations have not been made.

9 DEPARTMENT OF HEALTH AND HUMAN

10 SERVICES

11 INDIAN HEALTH SERVICE

12 INDIAN HEALTH SERVICES

13 For expenses necessary to carry out the Act of August

14 5, 1954 (68 Stat. 674), the Indian Self-Determination Act,

15 the Indian Health Care Improvement Act, and titles II and

16 III of the Public Health Service Act with respect to the In17 dian Health Service, $1,747,842,000, together with pay18 ments received during the fiscal year pursuant to 42 U.S.C.

19 300aaa–2 for services furnished by the Indian Health Serv20 ice: Provided, That of the funds provided, $800,000 shall

21 be used for inhalant abuse treatment programs to treat in22 halant abuse and to provide for referrals to specialized

23 treatment facilities in the United States: Provided further,

24 That funds made available to tribes and tribal organiza25 tions through contracts, grant agreements, or any other
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HR 3019 EAS

1 agreements or compacts authorized by the Indian Self-De2 termination and Education Assistance Act of 1975 (88

3 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated

4 at the time of the grant or contract award and thereafter

5 shall remain available to the tribe or tribal organization

6 without fiscal year limitation: Provided further, That

7 $12,000,000 shall remain available until expended, for the

8 Indian Catastrophic Health Emergency Fund: Provided

9 further, That $350,564,000 for contract medical care shall

10 remain available for obligation until September 30, 1997:

11 Provided further, That of the funds provided, not less than

12 $11,306,000 shall be used to carry out the loan repayment

13 program under section 108 of the Indian Health Care Im14 provement Act, as amended: Provided further, That funds

15 provided in this Act may be used for one-year contracts and

16 grants which are to be performed in two fiscal years, so

17 long as the total obligation is recorded in the year for which

18 the funds are appropriated: Provided further, That the

19 amounts collected by the Secretary of Health and Human

20 Services under the authority of title IV of the Indian Health

21 Care Improvement Act shall be available for two fiscal years

22 after the fiscal year in which they were collected, for the

23 purpose of achieving compliance with the applicable condi24 tions and requirements of titles XVIII and XIX of the So25 cial Security Act (exclusive of planning, design, or con-
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HR 3019 EAS

1 struction of new facilities): Provided further, That of the

2 funds provided, $7,500,000 shall remain available until ex3 pended, for the Indian Self-Determination Fund, which

4 shall be available for the transitional costs of initial or ex5 panded tribal contracts, grants or cooperative agreements

6 with the Indian Health Service under the provisions of the

7 Indian Self-Determination Act: Provided further, That

8 funding contained herein, and in any earlier appropria9 tions Acts for scholarship programs under the Indian

10 Health Care Improvement Act (25 U.S.C. 1613) shall re11 main available for obligation until September 30, 1997:

12 Provided further, That amounts received by tribes and trib13 al organizations under title IV of the Indian Health Care

14 Improvement Act, as amended, shall be reported and ac15 counted for and available to the receiving tribes and tribal

16 organizations until expended.

17 INDIAN HEALTH FACILITIES

18 For construction, repair, maintenance, improvement,

19 and equipment of health and related auxiliary facilities, in20 cluding quarters for personnel; preparation of plans, speci21 fications, and drawings; acquisition of sites, purchase and

22 erection of modular buildings, and purchases of trailers;

23 and for provision of domestic and community sanitation

24 facilities for Indians, as authorized by section 7 of the Act

25 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
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HR 3019 EAS

1 mination Act and the Indian Health Care Improvement

2 Act, and for expenses necessary to carry out the Act of Au3 gust 5, 1954 (68 Stat. 674), the Indian Self-Determination

4 Act, the Indian Health Care Improvement Act, and titles

5 II and III of the Public Health Service Act with respect

6 to environmental health and facilities support activities of

7 the Indian Health Service, $238,958,000, to remain avail8 able until expended: Provided, That notwithstanding any

9 other provision of law, funds appropriated for the planning,

10 design, construction or renovation of health facilities for the

11 benefit of an Indian tribe or tribes may be used to purchase

12 land for sites to construct, improve, or enlarge health or

13 related facilities.

14 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

15 Appropriations in this Act to the Indian Health Serv16 ice shall be available for services as authorized by 5 U.S.C.

17 3109 but at rates not to exceed the per diem rate equivalent

18 to the maximum rate payable for senior-level positions

19 under 5 U.S.C. 5376; hire of passenger motor vehicles and

20 aircraft; purchase of medical equipment; purchase of re21 prints; purchase, renovation and erection of modular build22 ings and renovation of existing facilities; payments for tele23 phone service in private residences in the field, when au24 thorized under regulations approved by the Secretary; and

25 for uniforms or allowances therefor as authorized by law
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1 (5 U.S.C. 5901–5902); and for expenses of attendance at

2 meetings which are concerned with the functions or activi3 ties for which the appropriation is made or which will con4 tribute to improved conduct, supervision, or management

5 of those functions or activities: Provided, That in accord6 ance with the provisions of the Indian Health Care Im7 provement Act, non-Indian patients may be extended health

8 care at all tribally administered or Indian Health Service

9 facilities, subject to charges, and the proceeds along with

10 funds recovered under the Federal Medical Care Recovery

11 Act (42 U.S.C. 2651–53) shall be credited to the account

12 of the facility providing the service and shall be available

13 without fiscal year limitation: Provided further, That not14 withstanding any other law or regulation, funds transferred

15 from the Department of Housing and Urban Development

16 to the Indian Health Service shall be administered under

17 Public Law 86–121 (the Indian Sanitation Facilities Act)

18 and Public Law 93–638, as amended: Provided further,

19 That funds appropriated to the Indian Health Service in

20 this Act, except those used for administrative and program

21 direction purposes, shall not be subject to limitations di22 rected at curtailing Federal travel and transportation: Pro23 vided further, That the Indian Health Service shall neither

24 bill nor charge those Indians who may have the economic

25 means to pay unless and until such time as Congress has
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1 agreed upon a specific policy to do so and has directed the

2 Indian Health Service to implement such a policy: Pro3 vided further, That, notwithstanding any other provision

4 of law, funds previously or herein made available to a tribe

5 or tribal organization through a contract, grant or agree6 ment authorized by title I of the Indian Self-Determination

7 and Education Assistance Act of 1975 (88 Stat. 2203; 25

8 U.S.C. 450), may be deobligated and reobligated to a self9 governance funding agreement under title III of the Indian

10 Self-Determination and Education Assistance Act of 1975

11 and thereafter shall remain available to the tribe or tribal

12 organization without fiscal year limitation: Provided fur13 ther, That none of the funds made available to the Indian

14 Health Service in this Act shall be used to implement the

15 final rule published in the Federal Register on September

16 16, 1987, by the Department of Health and Human Serv17 ices, relating to eligibility for the health care services of the

18 Indian Health Service until the Indian Health Service has

19 submitted a budget request reflecting the increased costs as20 sociated with the proposed final rule, and such request has

21 been included in an appropriations Act and enacted into

22 law: Provided further, That funds made available in this

23 Act are to be apportioned to the Indian Health Service as

24 appropriated in this Act, and accounted for in the appro25 priation structure set forth in this Act: Provided further,
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HR 3019 EAS

1 That the appropriation structure for the Indian Health

2 Service may not be altered without advance approval of the

3 House and Senate Committees on Appropriations.

4 DEPARTMENT OF EDUCATION

5 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

6 INDIAN EDUCATION

7 For necessary expenses to carry out, to the extent not

8 otherwise provided, title IX, part A, subpart 1 of the Ele9 mentary and Secondary Education Act of 1965, as amend10 ed, and section 215 of the Department of Education Organi11 zation Act, $52,500,000.

12 OTHER RELATED AGENCIES

13 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Navajo and

16 Hopi Indian Relocation as authorized by Public Law 93–

17 531, $20,345,000, to remain available until expended: Pro18 vided, That funds provided in this or any other appropria19 tions Act are to be used to relocate eligible individuals and

20 groups including evictees from District 6, Hopi-partitioned

21 lands residents, those in significantly substandard housing,

22 and all others certified as eligible and not included in the

23 preceding categories: Provided further, That none of the

24 funds contained in this or any other Act may be used by

25 the Office of Navajo and Hopi Indian Relocation to evict
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HR 3019 EAS

1 any single Navajo or Navajo family who, as of November

2 30, 1985, was physically domiciled on the lands partitioned

3 to the Hopi Tribe unless a new or replacement home is pro4 vided for such household: Provided further, That no

5 relocatee will be provided with more than one new or re6 placement home: Provided further, That the Office shall re7 locate any certified eligible relocatees who have selected and

8 received an approved homesite on the Navajo reservation

9 or selected a replacement residence off the Navajo reserva10 tion or on the land acquired pursuant to 25 U.S.C. 640d–

11 10.

12 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

13 CULTURE AND ARTS DEVELOPMENT

14 PAYMENT TO THE INSTITUTE

15 For payment to the Institute of American Indian and

16 Alaska Native Culture and Arts Development, as authorized

17 by title XV of Public Law 99–498 (20 U.S.C. 4401 et seq.),

18 $5,500,000.

19 SMITHSONIAN INSTITUTION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Smithsonian Institution,

22 as authorized by law, including research in the fields of art,

23 science, and history; development, preservation, and docu24 mentation of the National Collections; presentation of pub25 lic exhibits and performances; collection, preparation, dis-
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1 semination, and exchange of information and publications;

2 conduct of education, training, and museum assistance pro3 grams; maintenance, alteration, operation, lease (for terms

4 not to exceed thirty years), and protection of buildings, fa5 cilities, and approaches; not to exceed $100,000 for services

6 as authorized by 5 U.S.C. 3109; up to 5 replacement pas7 senger vehicles; purchase, rental, repair, and cleaning of

8 uniforms for employees; $308,188,000, of which not to ex9 ceed $30,472,000 for the instrumentation program, collec10 tions acquisition, Museum Support Center equipment and

11 move, exhibition reinstallation, the National Museum of the

12 American Indian, the repatriation of skeletal remains pro13 gram, research equipment, information management, and

14 Latino programming shall remain available until expended

15 and, including such funds as may be necessary to support

16 American overseas research centers and a total of $125,000

17 for the Council of American Overseas Research Centers:

18 Provided, That funds appropriated herein are available for

19 advance payments to independent contractors performing

20 research services or participating in official Smithsonian

21 presentations.

22 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

23 ZOOLOGICAL PARK

24 For necessary expenses of planning, construction, re25 modeling, and equipping of buildings and facilities at the
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1 National Zoological Park, by contract or otherwise,

2 $3,250,000, to remain available until expended.

3 REPAIR AND RESTORATION OF BUILDINGS

4 For necessary expenses of repair and restoration of

5 buildings owned or occupied by the Smithsonian Institu6 tion, by contract or otherwise, as authorized by section 2

7 of the Act of August 22, 1949 (63 Stat. 623), including not

8 to exceed $10,000 for services as authorized by 5 U.S.C.

9 3109, $33,954,000, to remain available until expended: Pro10 vided, That contracts awarded for environmental systems,

11 protection systems, and exterior repair or restoration of

12 buildings of the Smithsonian Institution may be negotiated

13 with selected contractors and awarded on the basis of con14 tractor qualifications as well as price.

15 CONSTRUCTION

16 For necessary expenses for construction, $27,700,000,

17 to remain available until expended.

18 NATIONAL GALLERY OF ART

19 SALARIES AND EXPENSES

20 For the upkeep and operations of the National Gallery

21 of Art, the protection and care of the works of art therein,

22 and administrative expenses incident thereto, as authorized

23 by the Act of March 24, 1937 (50 Stat. 51), as amended

24 by the public resolution of April 13, 1939 (Public Resolu25 tion 9, Seventy-sixth Congress), including services as au-
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1 thorized by 5 U.S.C. 3109; payment in advance when au2 thorized by the treasurer of the Gallery for membership in

3 library, museum, and art associations or societies whose

4 publications or services are available to members only, or

5 to members at a price lower than to the general public; pur6 chase, repair, and cleaning of uniforms for guards, and uni7 forms, or allowances therefor, for other employees as author8 ized by law (5 U.S.C. 5901–5902); purchase or rental of

9 devices and services for protecting buildings and contents

10 thereof, and maintenance, alteration, improvement, and re11 pair of buildings, approaches, and grounds; and purchase

12 of services for restoration and repair of works of art for

13 the National Gallery of Art by contracts made, without ad14 vertising, with individuals, firms, or organizations at such

15 rates or prices and under such terms and conditions as the

16 Gallery may deem proper, $51,844,000, of which not to ex17 ceed $3,026,000 for the special exhibition program shall re18 main available until expended.

19 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

20 For necessary expenses of repair, restoration and ren21 ovation of buildings, grounds and facilities owned or occu22 pied by the National Gallery of Art, by contract or other23 wise, as authorized, $6,442,000, to remain available until

24 expended: Provided, That contracts awarded for environ25 mental systems, protection systems, and exterior repair or

26 renovation of buildings of the National Gallery of Art may
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1 be negotiated with selected contractors and awarded on the

2 basis of contractor qualifications as well as price.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

4 OPERATIONS AND MAINTENANCE

5 For necessary expenses for the operation, maintenance

6 and security of the John F. Kennedy Center for the Per7 forming Arts, $10,323,000: Provided, That 40 U.S.C. 193n

8 is hereby amended by striking the word ‘‘and’’ after the

9 word ‘‘Institution’’ and inserting in lieu thereof a comma,

10 and by inserting ‘‘and the Trustees of the John F. Kennedy

11 Center for the Performing Arts,’’ after the word ‘‘Art,’’.

12 CONSTRUCTION

13 For necessary expenses of capital repair and rehabili14 tation of the existing features of the building and site of

15 the John F. Kennedy Center for the Performing Arts,

16 $8,983,000, to remain available until expended.

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions

21 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

22 1356) including hire of passenger vehicles and services as

23 authorized by 5 U.S.C. 3109, $5,840,000.
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National Foun6 dation on the Arts and the Humanities Act of 1965, as

7 amended, $82,259,000, shall be available to the National

8 Endowment for the Arts for the support of projects and pro9 ductions in the arts through assistance to groups and indi10 viduals pursuant to section 5(c) of the Act, and for admin11 istering the functions of the Act, to remain available until

12 September 30, 1997.

13 MATCHING GRANTS

14 To carry out the provisions of section 10(a)(2) of the

15 National Foundation on the Arts and the Humanities Act

16 of 1965, as amended, $17,235,000, to remain available until

17 September 30, 1997, to the National Endowment for the

18 Arts, of which $7,500,000 shall be available for purposes

19 of section 5(p)(1): Provided, That this appropriation shall

20 be available for obligation only in such amounts as may

21 be equal to the total amounts of gifts, bequests, and devises

22 of money, and other property accepted by the Chairman

23 or by grantees of the Endowment under the provisions of

24 section 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A)

25 during the current and preceding fiscal years for which

26 equal amounts have not previously been appropriated.
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National Foun4 dation on the Arts and the Humanities Act of 1965, as

5 amended, $94,000,000, shall be available to the National

6 Endowment for the Humanities for support of activities in

7 the humanities, pursuant to section 7(c) of the Act, and for

8 administering the functions of the Act, to remain available

9 until September 30, 1997.

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the

12 National Foundation on the Arts and the Humanities Act

13 of 1965, as amended, $16,000,000, to remain available until

14 September 30, 1997, of which $10,000,000 shall be available

15 to the National Endowment for the Humanities for the pur16 poses of section 7(h): Provided, That this appropriation

17 shall be available for obligation only in such amounts as

18 may be equal to the total amounts of gifts, bequests, and

19 devises of money, and other property accepted by the Chair20 man or by grantees of the Endowment under the provisions

21 of subsections 11(a)(2)(B) and 11(a)(3)(B) during the cur22 rent and preceding fiscal years for which equal amounts

23 have not previously been appropriated.
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1 INSTITUTE OF MUSEUM SERVICES

2 GRANTS AND ADMINISTRATION

3 For carrying out title II of the Arts, Humanities, and

4 Cultural Affairs Act of 1976, as amended, $21,000,000, to

5 remain available until September 30, 1997.

6 ADMINISTRATIVE PROVISIONS

7 None of the funds appropriated to the National Foun8 dation on the Arts and the Humanities may be used to

9 process any grant or contract documents which do not in10 clude the text of 18 U.S.C. 1913: Provided, That none of

11 the funds appropriated to the National Foundation on the

12 Arts and the Humanities may be used for official reception

13 and representation expenses.

14 COMMISSION OF FINE ARTS

15 SALARIES AND EXPENSES

16 For expenses made necessary by the Act establishing

17 a Commission of Fine Arts (40 U.S.C. 104), $834,000.

18 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

19 For necessary expenses as authorized by Public Law

20 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

21 $6,000,000.

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For expenses necessary for the Advisory Council on

25 Historic Preservation, $2,500,000.
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the National

4 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ5 ing services as authorized by 5 U.S.C. 3109, $5,090,000:

6 Provided, That all appointed members will be compensated

7 at a rate not to exceed the rate for Executive Schedule Level

8 IV.

9 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Franklin Delano Roo12 sevelt Memorial Commission, established by the Act of Au13 gust 11, 1955 (69 Stat. 694), as amended by Public Law

14 92–332 (86 Stat. 401), $147,000, to remain available until

15 September 30, 1997.

16 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

17 PUBLIC DEVELOPMENT

18 Funds made available under this heading in prior

19 years shall be available for operating and administrative

20 expenses and for the orderly closure of the Corporation, as

21 well as operating and administrative expenses for the func22 tions transferred to the General Services Administration.

23 (RESCISSION)

24 Of the available balances under this heading,

25 $2,172,000 are rescinded.
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1 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

2 HOLOCAUST MEMORIAL COUNCIL

3 For expenses of the Holocaust Memorial Council, as

4 authorized by Public Law 96–388, as amended,

5 $28,707,000; of which $1,575,000 for the Museum’s repair

6 and rehabilitation program and $1,264,000 for the Muse7 um’s exhibition program shall remain available until ex8 pended.

9 TITLE III—GENERAL PROVISIONS

10 SEC. 301. The expenditure of any appropriation under

11 this Act for any consulting service through procurement

12 contract, pursuant to 5 U.S.C. 3109, shall be limited to

13 those contracts where such expenditures are a matter of pub14 lic record and available for public inspection, except where

15 otherwise provided under existing law, or under existing

16 Executive order issued pursuant to existing law.

17 SEC. 302. No part of any appropriation under this

18 Act shall be available to the Secretary of the Interior or

19 the Secretary of Agriculture for the leasing of oil and natu20 ral gas by noncompetitive bidding on publicly owned lands

21 within the boundaries of the Shawnee National Forest, Illi22 nois: Provided, That nothing herein is intended to inhibit

23 or otherwise affect the sale, lease, or right to access to min24 erals owned by private individuals.
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1 SEC. 303. No part of any appropriation contained in

2 this Act shall be available for any activity or the publica3 tion or distribution of literature that in any way tends to

4 promote public support or opposition to any legislative pro5 posal on which congressional action is not complete.

6 SEC. 304. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

9 SEC. 305. None of the funds provided in this Act to

10 any department or agency shall be obligated or expended

11 to provide a personal cook, chauffeur, or other personal serv12 ants to any officer or employee of such department or agen13 cy except as otherwise provided by law.

14 SEC. 306. No assessments may be levied against any

15 program, budget activity, subactivity, or project funded by

16 this Act unless notice of such assessments and the basis

17 therefor are presented to the Committees on Appropriations

18 and are approved by such Committees.

19 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

20 ACT.—None of the funds made available in this Act may

21 be expended by an entity unless the entity agrees that in

22 expending the funds the entity will comply with sections

23 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

24 10c; popularly known as the ‘‘Buy American Act’’).
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1 (b) SENSE OF CONGRESS; REQUIREMENT REGARDING

2 NOTICE.—

3 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or

5 product that may be authorized to be purchased with

6 financial assistance provided using funds made avail7 able in this Act, it is the sense of the Congress that

8 entities receiving the assistance should, in expending

9 the assistance, purchase only American-made equip10 ment and products.

11 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

12 providing financial assistance using funds made

13 available in this Act, the head of each Federal agency

14 shall provide to each recipient of the assistance a no15 tice describing the statement made in paragraph (1)

16 by the Congress.

17 (c) PROHIBITION OF CONTRACTS WITH PERSONS

18 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

19 If it has been finally determined by a court or Federal agen20 cy that any person intentionally affixed a label bearing a

21 ‘‘Made in America’’ inscription, or any inscription with

22 the same meaning, to any product sold in or shipped to

23 the United States that is not made in the United States,

24 the person shall be ineligible to receive any contract or sub25 contract made with funds made available in this Act, pur-
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1 suant to the debarment, suspension, and ineligibility proce2 dures described in sections 9.400 through 9.409 of title 48,

3 Code of Federal Regulations.

4 SEC. 308. None of the funds in this Act may be used

5 to plan, prepare, or offer for sale timber from trees classified

6 as giant sequoia (sequoiadendron giganteum) which are lo7 cated on National Forest System or Bureau of Land Man8 agement lands in a manner different than such sales were

9 conducted in fiscal year 1995.

10 SEC. 309. None of the funds made available by this

11 Act may be obligated or expended by the National Park

12 Service to enter into or implement a concession contract

13 which permits or requires the removal of the underground

14 lunchroom at the Carlsbad Caverns National Park.

15 SEC. 310. Where the actual costs of construction

16 projects under self-determination contracts, compacts, or

17 grants, pursuant to Public Laws 93–638, 103–413, or 100–

18 297, are less than the estimated costs thereof, use of the re19 sulting excess funds shall be determined by the appropriate

20 Secretary after consultation with the tribes.

21 SEC. 311. Notwithstanding Public Law 103–413,

22 quarterly payments of funds to tribes and tribal organiza23 tions under annual funding agreements pursuant to section

24 108 of Public Law 93–638, as amended, may be made on
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1 the first business day following the first day of a fiscal

2 quarter.

3 SEC. 312. None of funds appropriated or otherwise

4 made available by this Act may be used for the AmeriCorps

5 program, unless the relevant agencies of the Department of

6 the Interior and/or Agriculture follow appropriate

7 reprogramming guidelines: Provided, That if no funds are

8 provided for the AmeriCorps program by the VA–HUD and

9 Independent Agencies fiscal year 1996 appropriations bill,

10 then none of the funds appropriated or otherwise made

11 available by this Act may be used for the AmeriCorps pro12 grams.

13 SEC. 313. (a) On or before April 1, 1996, the Penn14 sylvania Avenue Development Corporation shall—

15 (1) transfer and assign in accordance with this

16 section all of its rights, title, and interest in and to

17 all of the leases, covenants, agreements, and easements

18 it has executed or will execute by March 31, 1996, in

19 carrying out its powers and duties under the Penn20 sylvania Avenue Development Corporation Act (40

21 U.S.C. 871–885) and the Federal Triangle Develop22 ment Act (40 U.S.C. 1101–1109) to the General Serv23 ices Administration, National Capital Planning

24 Commission, or the National Park Service; and
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1 (2) except as provided by subsection (d), transfer

2 all rights, title, and interest in and to all property,

3 both real and personal, held in the name of the Penn4 sylvania Avenue Development Corporation to the

5 General Services Administration.

6 (b) The responsibilities of the Pennsylvania Avenue

7 Development Corporation transferred to the General Serv8 ices Administration under subsection (a) include, but are

9 not limited to, the following:

10 (1) Collection of revenue owed the Federal Gov11 ernment as a result of real estate sales or lease agree12 ments entered into by the Pennsylvania Avenue De13 velopment Corporation and private parties, includ14 ing, at a minimum, with respect to the following

15 projects:

16 (A) The Willard Hotel property on Square

17 225.

18 (B) The Gallery Row project on Square

19 457.

20 (C) The Lansburgh’s project on Square 431.

21 (D) The Market Square North project on

22 Square 407.

23 (2) Collection of sale or lease revenue owed the

24 Federal Government (if any) in the event two unde25 veloped sites owned by the Pennsylvania Avenue De-
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1 velopment Corporation on Squares 457 and 406 are

2 sold or leased prior to April 1, 1996.

3 (3) Application of collected revenue to repay

4 United States Treasury debt incurred by the Penn5 sylvania Avenue Development Corporation in the

6 course of acquiring real estate.

7 (4) Performing financial audits for projects in

8 which the Pennsylvania Avenue Development Cor9 poration has actual or potential revenue expectation,

10 as identified in paragraphs (1) and (2), in accord11 ance with procedures described in applicable sale or

12 lease agreements.

13 (5) Disposition of real estate properties which

14 are or become available for sale and lease or other

15 uses.

16 (6) Payment of benefits in accordance with the

17 Uniform Relocation Assistance and Real Property Ac18 quisitions Policies Act of 1970 to which persons in the

19 project area squares are entitled as a result of the

20 Pennsylvania Avenue Development Corporation’s ac21 quisition of real estate.

22 (7) Carrying out the responsibilities of the Penn23 sylvania Avenue Development Corporation under the

24 Federal Triangle Development Act (40 U.S.C. 1101–
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1 1109), including responsibilities for managing assets

2 and liabilities of the Corporation under such Act.

3 (c) In carrying out the responsibilities of the Penn4 sylvania Avenue Development Corporation transferred

5 under this section, the Administrator of the General Serv6 ices Administration shall have the following powers:

7 (1) To acquire lands, improvements, and prop8 erties by purchase, lease or exchange, and to sell,

9 lease, or otherwise dispose of real or personal property

10 as necessary to complete the development plan devel11 oped under section 5 of the Pennsylvania Avenue De12 velopment Corporation Act of 1972 (40 U.S.C. 874)

13 if a notice of intention to carry out such acquisition

14 or disposal is first transmitted to the Committee on

15 Transportation and Infrastructure and the Committee

16 on Appropriations of the House of Representatives

17 and the Committee on Environment and Public

18 Works and the Committee on Appropriations of the

19 Senate and at least 60 days elapse after the date of

20 such transmission.

21 (2) To modify from time to time the plan re22 ferred to in paragraph (1) if such modification is

23 first transmitted to the Committee on Transportation

24 and Infrastructure and the Committee on Appropria25 tions of the House of Representatives and the Com-
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1 mittee on Environment and Public Works and the

2 Committee on Appropriations of the Senate and at

3 least 60 days elapse after the date of such trans4 mission.

5 (3) To maintain any existing Pennsylvania Ave6 nue Development Corporation insurance programs.

7 (4) To enter into and perform such leases, con8 tracts, or other transactions with any agency or in9 strumentality of the United States, the several States,

10 or the District of Columbia or with any person, firm,

11 association, or corporation as may be necessary to

12 carry out the responsibilities of the Pennsylvania Av13 enue Development Corporation under the Federal Tri14 angle Development Act (40 U.S.C. 1101–1109).

15 (5) To request the Council of the District of Co16 lumbia to close any alleys necessary for the comple17 tion of development in Square 457.

18 (6) To use all of the funds transferred from the

19 Pennsylvania Avenue Development Corporation or in20 come earned on Pennsylvania Avenue Development

21 Corporation property to complete any pending devel22 opment projects.

23 (d)(1)(A) On or before April 1, 1996, the Pennsylvania

24 Avenue Development Corporation shall transfer all its

25 right, title, and interest in and to the property described
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1 in subparagraph (B) to the National Park Service, Depart2 ment of the Interior.

3 (B) The property referred to in subparagraph (A) is

4 the property located within the Pennsylvania Avenue Na5 tional Historic Site depicted on a map entitled ‘‘Pennsylva6 nia Avenue National Historic Park’’, dated June 1, 1995,

7 and numbered 840–82441, which shall be on file and avail8 able for public inspection in the offices of the National Park

9 Service, Department of the Interior. The Pennsylvania Ave10 nue National Historic Site includes the parks, plazas, side11 walks, special lighting, trees, sculpture, and memorials.

12 (2) Jurisdiction of Pennsylvania Avenue and all other

13 roadways from curb to curb shall remain with the District

14 of Columbia but vendors shall not be permitted to occupy

15 street space except during temporary special events.

16 (3) The National Park Service shall be responsible for

17 management, administration, maintenance, law enforce18 ment, visitor services, resource protection, interpretation,

19 and historic preservation at the Pennsylvania Avenue Na20 tional Historic Site.

21 (4) The National Park Service may enter into con22 tracts, cooperative agreements, or other transactions with

23 any agency or instrumentality of the United States, the sev24 eral States, or the District of Columbia or with any person,

25 firm, association, or corporation as may be deemed nec-
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1 essary or appropriate for the conduct of special events, fes2 tivals, concerts, or other art and cultural programs at the

3 Pennsylvania Avenue National Historic Site or may estab4 lish a nonprofit foundation to solicit funds for such activi5 ties.

6 (e) Notwithstanding any other provision of law, the

7 responsibility for ensuring that development or redevelop8 ment in the Pennsylvania Avenue area is carried out in

9 accordance with the Pennsylvania Avenue Development

10 Corporation Plan—1974, as amended, is transferred to the

11 National Capital Planning Commission or its successor

12 commencing April 1, 1996.

13 (f) SAVINGS PROVISIONS.—

14 (1) REGULATIONS.—Any regulations prescribed

15 by the Corporation in connection with the Pennsylva16 nia Avenue Development Corporation Act of 1972 (40

17 U.S.C. 871–885) and the Federal Triangle Develop18 ment Act (40 U.S.C. 1101–1109) shall continue in ef19 fect until suspended by regulations prescribed by the

20 Administrator of the General Services Administra21 tion.

22 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA23 TIONS NOT AFFECTED.—Subsection (a) shall not be

24 construed as affecting the validity of any right, duty,

25 or obligation of the United States or any other person
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1 arising under or pursuant to any contract, loan, or

2 other instrument or agreement which was in effect on

3 the day before the date of the transfers under sub4 section (a).

5 (3) CONTINUATION OF SUITS.—No action or

6 other proceeding commenced by or against the Cor7 poration in connection with administration of the

8 Pennsylvania Avenue Development Corporation Act

9 of 1972 (40 U.S.C. 871–885) and the Federal Tri10 angle Development Act (40 U.S.C. 1101–1109) shall

11 abate by reason of enactment and implementation of

12 this Act, except that the General Services Administra13 tion shall be substituted for the Corporation as a

14 party to any such action or proceeding.

15 (g) Section 3(b) of the Pennsylvania Avenue Develop16 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is amend17 ed as follows:

18 ‘‘(b) The Corporation shall be dissolved on or before

19 April 1, 1996. Upon dissolution, assets, obligations, indebt20 edness, and all unobligated and unexpended balances of the

21 Corporation shall be transferred in accordance with the De22 partment of the Interior and Related Agencies Appropria23 tions Act, 1996.’’.

24 SEC. 314. (a) Except as provided in subsection (b), no

25 part of any appropriation contained in this Act or any
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1 other Act shall be obligated or expended for the operation

2 or implementation of the Interior Columbia Basin Eco3 system Management Project (hereinafter ‘‘Project’’).

4 (b) From the funds appropriated to the Forest Service

5 and Bureau of Land Management: a sum of $4,000,000 is

6 made available for the Executive Steering Committee of the

7 Project to publish, and submit to the Congress, by May 31,

8 1996, an assessment of the National Forest System lands

9 and lands administered by the Bureau of Land Manage10 ment within the area encompassed by the Project. The as11 sessment shall be accompanied by two draft Environmental

12 Impact Statements that: are not decisional and not subject

13 to judicial review; contain a range of alternatives, without

14 the identification of a preferred alternative or management

15 recommendation; and provide a methodology for conducting

16 any cumulative effects analysis required by section 102(2)

17 of the National Environmental Policy Act (42 U.S.C.

18 433(2)) in the preparation of amendments to resource man19 agement plans pursuant to subsection (c). The assessment

20 shall incorporate all existing relevant scientific information

21 including, but not limited to, information on landscape dy22 namics, forest and rangeland health conditions, fisheries,

23 and watersheds and the implications of each as they relate

24 to federal forest and rangeland health. The assessment and

25 draft Environmental Impact Statements shall not be: the
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1 subject of consultation or conferencing pursuant to section

2 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);

3 accompanied by any record of decision or other National

4 Environmental Policy Act documentation; or applied or

5 used to regulate non-federal lands. The Executive Steering

6 Committee shall release the draft Environmental Impact

7 Statements for a ninety day public comment period and

8 include a summary of the public comments received in the

9 submission to Congress.

10 (c)(1) From the funds appropriated to the Forest Serv11 ice and the Bureau of Land Management, based on the doc12 uments prepared pursuant to subsection (b) and any other

13 guidance or policy issued prior to the date of enactment

14 of this section, and in consultation with the affected Gov15 ernor, and county commissioners, each Forest Supervisor

16 and District Manager with responsibility for a national

17 forest or a unit of land administered by the Bureau of Land

18 Management (hereinafter ‘‘forest’’) within the area encom19 passed by the Project shall review the resource management

20 plan (hereinafter ‘‘plan’’) for such forest and develop, by

21 an amendment to such plan, a modification of or alter22 native to any policy which is applicable to such plan upon

23 the date of enactment of this section (whether or not such

24 policy has been added to such plan by amendment), includ25 ing any policy which is, or is intended to be, of limited
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1 duration, and which the Project addresses, to meet the spe2 cific conditions of such forest. Each amendment shall: con3 tain the modified or alternative policy developed pursuant

4 to this paragraph, be directed solely to and affect only such

5 plan; address the specific conditions of the forest to which

6 the plan applies and the relationship of the modified or al7 ternative policy to such conditions; and, to the maximum

8 extent practicable, establish site-specific standards in lieu

9 of imposing general standards applicable to multiple sites.

10 (2)(A) Each amendment prepared pursuant to para11 graph (1) shall comply with any applicable requirements

12 of section 102(2) of the National Environmental Policy Act,

13 except that any cumulative effects analysis conducted in ac14 cordance with the methodology provided pursuant to sub15 section (b) shall be deemed to meet any requirement of such

16 Act for such analysis.

17 (B) Any policy adopted in an amendment prepared

18 pursuant to paragraph (1) which is a modification of or

19 alternative to a policy referred to in paragraph (1) upon

20 which consultation or conferencing has occurred pursuant

21 to section 7 of the Endangered Species Act of 1973 shall

22 not again be subject to the consultation or conferencing pro23 visions of such section 7. Any other consultation or con24 ferencing required by such section 7 shall be conducted sepa25 rately on each amendment prepared pursuant to paragraph
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1 (1): Provided, That, except as provided in this subpara2 graph, no other consultation shall be undertaken on such

3 amendments, on any project or activity which is consistent

4 with an applicable amendment, on any policy referred to

5 in paragraph (1), or on any portion of any plan related

6 to such policy or the species to which such policy applies.

7 (3) Each amendment prepared pursuant to paragraph

8 (1) shall be adopted on or before March 31, 1997, and no

9 policy referred to in paragraph (1), or any provision of

10 a plan or other planning document incorporating such pol11 icy, shall be effective in any forest subject to the Project

12 on or after such date, or after an amendment to the plan

13 which applies to such forest is adopted pursuant to this sub14 section, whichever occurs first.

15 (4) On the signing of a record of decision or equivalent

16 document making an amendment for the Clearwater Na17 tional Forest pursuant to paragraph (1), the requirement

18 for revision referred to in this Stipulation of Dismissal

19 dated September 13, 1993, applicable to such Forest is

20 deemed to be satisfied, and the interim management direc21 tion provisions contained in the Stipulation of Dismissal

22 shall be of no further effect with respect to such Forest.

23 SEC. 315. RECREATIONAL FEE DEMONSTRATION PRO24 GRAM.—(a) The Secretary of the Interior (acting through

25 the Bureau of Land Management, the National Park Serv-
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1 ice and the United States Fish and Wildlife Service) and

2 the Secretary of Agriculture (acting through the Forest

3 Service) shall each implement a fee program to demonstrate

4 the feasibility of user-generated cost recovery for the oper5 ation and maintenance of recreation areas or sites and

6 habitat enhancement projects on Federal lands.

7 (b) In carrying out the pilot program established pur8 suant to this section, the appropriate Secretary shall select

9 from areas under the jurisdiction of each of the four agen10 cies referred to in subsection (a) no fewer than 10, but as

11 many as 50, areas, sites or projects for fee demonstration.

12 For each such demonstration, the Secretary, notwithstand13 ing any other provision of law—

14 (1) shall charge and collect fees for admission to

15 the area or for the use of outdoor recreation sites, fa16 cilities, visitor centers, equipment, and services by in17 dividuals and groups, or any combination thereof;

18 (2) shall establish fees under this section based

19 upon a variety of cost recovery and fair market valu20 ation methods to provide a broad basis for feasibility

21 testing;

22 (3) may contract, including provisions for rea23 sonable commissions, with any public or private en24 tity to provide visitor services, including reservations

25 and information, and may accept services of volun-
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1 teers to collect fees charged pursuant to paragraph

2 (1);

3 (4) may encourage private investment and part4 nerships to enhance the delivery of quality customer

5 services and resource enhancement, and provide ap6 propriate recognition to such partners or investors;

7 and

8 (5) may assess a fine of not more than $100 for

9 any violation of the authority to collect fees for ad10 mission to the area or for the use of outdoor recre11 ation sites, facilities, visitor centers, equipment, and

12 services.

13 (c)(1) Amounts collected at each fee demonstration

14 area, site or project shall be distributed as follows:

15 (A) Of the amount in excess of 104% of the

16 amount collected in fiscal year 1995, and thereafter

17 annually adjusted upward by 4%, eighty percent to

18 a special account in the Treasury for use without fur19 ther appropriation, by the agency which administers

20 the site, to remain available for expenditures in ac21 cordance with paragraph (2)(A).

22 (B) Of the amount in excess of 104% of the

23 amount collected in fiscal year 1995, and thereafter

24 annually adjusted upward by 4%, twenty percent to

25 a special account in the Treasury for use without fur-
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1 ther appropriation, by the agency which administers

2 the site, to remain available for expenditure in ac3 cordance with paragraph (2)(B).

4 (C) For agencies other than the Fish and Wild5 life Service, up to 15% of current year collections of

6 each agency, but not greater than fee collection costs

7 for that fiscal year, to remain available for expendi8 ture without further appropriation in accordance

9 with paragraph (2)(C).

10 (D) For agencies other than the Fish and Wild11 life Service, the balance to the special account estab12 lished pursuant to subparagraph (A) of section 4(i)(1)

13 of the Land and Water Conservation Fund Act, as

14 amended.

15 (E) For the Fish and Wildlife Service, the bal16 ance shall be distributed in accordance with section

17 201(c) of the Emergency Wetlands Resources Act.

18 (2)(A) Expenditures from site specific special funds

19 shall be for further activities of the area, site or project from

20 which funds are collected, and shall be accounted for sepa21 rately.

22 (B) Expenditures from agency specific special funds

23 shall be for use on an agency-wide basis and shall be ac24 counted for separately.
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1 (C) Expenditures from the fee collection support fund

2 shall be used to cover fee collection costs in accordance with

3 section 4(i)(1)(B) of the Land and Water Conservation

4 Fund Act, as amended: Provided, That funds unexpended

5 and unobligated at the end of the fiscal year shall not be

6 deposited into the special account established pursuant to

7 section 4(i)(1)(A) of said Act and shall remain available

8 for expenditure without further appropriation.

9 (3) In order to increase the quality of the visitor expe10 rience at public recreational areas and enhance the protec11 tion of resources, amounts available for expenditure under

12 this section may only be used for the area, site or project

13 concerned, for backlogged repair and maintenance projects

14 (including projects relating to health and safety) and for

15 interpretation, signage, habitat or facility enhancement, re16 source preservation, annual operation (including fee collec17 tion), maintenance, and law enforcement relating to public

18 use. The agencywide accounts may be used for the same pur19 poses set forth in the preceding sentence, but for areas, sites

20 or projects selected at the discretion of the respective agency

21 head.

22 (d)(1) Amounts collected under this section shall not

23 be taken into account for the purposes of the Act of May

24 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

25 the Act of March 4, 1913 (16 U.S.C. 501), the Act of July
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1 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and

2 the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act

3 of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title 31,

4 United States Code, section 401 of the Act of June 15, 1935

5 (16 U.S.C. 715s), the Land and Water Conservation Fund

6 Act of 1965 (16 U.S.C. 460l), and any other provision of

7 law relating to revenue allocation.

8 (2) Fees charged pursuant to this section shall be in

9 lieu of fees charged under any other provision of law.

10 (e) The Secretary of the Interior and the Secretary of

11 Agriculture shall carry out this section without promulgat12 ing regulations.

13 (f) The authority to collect fees under this section shall

14 commence on October 1, 1995, and end on September 30,

15 1998. Funds in accounts established shall remain available

16 through September 30, 2001.

17 SEC. 316. Section 2001(a)(2) of Public Law 104–19

18 is amended as follows: Strike ‘‘September 30, 1997’’ and

19 insert in lieu thereof ‘‘December 31, 1996’’.

20 SEC. 317. None of the funds made available in this

21 Act may be used for any program, project, or activity when

22 it is made known to the Federal entity or official to which

23 the funds are made available that the program, project, or

24 activity is not in compliance with any applicable Federal
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1 law relating to risk assessment, the protection of private

2 property rights, or unfunded mandates.

3 SEC. 318. None of the funds provided in this Act may

4 be made available for the Mississippi River Corridor Herit5 age Commission.

6 SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3

7 of the Great Basin National Park Act of 1986 (16 U.S.C.

8 410mm–1) is amended—

9 (1) in the first sentence of subsection (e) by strik10 ing ‘‘shall’’ and inserting ‘‘may’’; and

11 (2) in subsection (f)—

12 (A) by striking ‘‘At the request’’ and insert13 ing the following:

14 ‘‘(1) EXCHANGES.—At the request’’;

15 (B) by striking ‘‘grazing permits’’ and in16 serting ‘‘grazing permits and grazing leases’’;

17 and

18 (C) by adding after ‘‘Federal lands.’’ the

19 following:

20 ‘‘(2) ACQUISITION BY DONATION.—

21 (A) IN GENERAL.—The Secretary may ac22 quire by donation valid existing permits and

23 grazing leases authorizing grazing on land in the

24 park.
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1 (B) TERMINATION.—The Secretary shall

2 terminate a grazing permit or grazing lease ac3 quired under subparagraph (A) so as to end

4 grazing previously authorized by the permit or

5 lease.’’.

6 SEC. 320. None of the funds made available in this

7 Act shall be used by the Department of Energy in imple8 menting the Codes and Standards Program to propose,

9 issue, or prescribe any new or amended standard: Provided,

10 That this section shall expire on September 30, 1996: Pro11 vided further, That nothing in this section shall preclude

12 the Federal Government from promulgating rules concern13 ing energy efficiency standards for the construction of new

14 federally-owned commercial and residential buildings.

15 SEC. 321. None of the funds made available in this

16 Act may be used (1) to demolish the bridge between Jersey

17 City, New Jersey, and Ellis Island; or (2) to prevent pedes18 trian use of such bridge, when it is made known to the Fed19 eral official having authority to obligate or expend such

20 funds that such pedestrian use is consistent with generally

21 accepted safety standards.

22 SEC. 322. (a) None of the funds appropriated or other23 wise made available pursuant to this Act shall be obligated

24 or expended to accept or process applications for a patent
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1 for any mining or mill site claim located under the general

2 mining laws.

3 (b) The provisions of subsection (a) shall not apply

4 if the Secretary of the Interior determines that, for the claim

5 concerned: (1) a patent application was filed with the Sec6 retary on or before September 30, 1994, and (2) all require7 ments established under sections 2325 and 2326 of the Re8 vised Statutes (30 U.S.C. 29 and 30) for vein or lode claims

9 and sections 2329, 2330, 2331, and 2333 of the Revised

10 Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and

11 section 2337 of the Revised Statutes (30 U.S.C. 42) for mill

12 site claims, as the case may be, were fully complied with

13 by the applicant by that date.

14 (c) PROCESSING SCHEDULE.—For those applications

15 for patents pursuant to subsection (b) which were filed with

16 the Secretary of the Interior, prior to September 30, 1994,

17 the Secretary of the Interior shall—

18 (1) Within three months of the enactment of this

19 Act, file with the House and Senate Committees on

20 Appropriations and the Committee on Resources of

21 the House of Representatives and the Committee on

22 Energy and Natural Resources of the United States

23 Senate a plan which details how the Department of

24 the Interior will make a final determination as to

25 whether or not an applicant is entitled to a patent
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1 under the general mining laws on at least 90 percent

2 of such applications within five years of the enact3 ment of this Act and file reports annually thereafter

4 with the same committees detailing actions taken by

5 the Department of the Interior to carry out such plan;

6 and

7 (2) Take such actions as may be necessary to

8 carry out such plan.

9 (d) MINERAL EXAMINATIONS.—In order to process

10 patent applications in a timely and responsible manner,

11 upon the request of a patent applicant, the Secretary of the

12 Interior shall allow the applicant to fund a qualified third13 party contractor to be selected by the Bureau of Land

14 Managment to conduct a mineral examination of the min15 ing claims or mill sites contained in a patent application

16 as set forth in subsection (b). The Bureau of Land Manage17 ment shall have the sole responsibility to choose and pay

18 the third-party contractor in accordance with the standard

19 procedures employed by the Bureau of Land Management

20 in the retention of third-party contractors.

21 SEC. 323. None of the funds appropriated or otherwise

22 made available by this Act may be used for the purposes

23 of acquiring lands in the counties of Lawrence, Monroe, or

24 Washington, Ohio, for the Wayne National Forest.
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1 SEC. 324. No part of any appropriation contained in

2 this Act or any other Act shall be expended or obligated

3 to fund the activities of the Office of Forestry and Economic

4 Development after December 31, 1995.

5 SEC. 325. Amend section 2001(k) of Public Law 104–

6 19 by striking ‘‘in fiscal years 1995 and 1996’’ in para7 graph (1) and adding paragraph (4) to read:

8 ‘‘(4) TIMING AND CONDITIONS OF ALTERNATIVE VOL9 UME.—For any sale subject to paragraph (2) of this sub10 section, the Secretary concerned shall, and for any other

11 sale subject to this subsection, the Secretary concerned may,

12 within 45 days of the date of enactment of this paragraph,

13 reach agreement with the purchaser to identify and provide,

14 by a date agreed to by the purchaser, a volume, value and

15 kind of timber satisfactory to the purchaser to substitute

16 for all or a portion of the timber subject to the sale, which

17 shall be subject to the original terms of the contract except

18 as otherwise agreed, and shall be subject to paragraph (1).

19 After the agreed date for providing alternative timber the

20 purchaser may operate the original sale under the terms

21 of paragraph (1) until the Secretary concerned designates

22 and the purchaser accepts alternative timber under this

23 paragraph. Any sale subject to this subsection shall be

24 awarded, released, and completed pursuant to paragraph

25 (1) for a period equal to the length of the original contract,
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1 and shall not count against current allowable sale quan2 tities or timber sales to be offered under subsections (b) and

3 (d).’’

4 ‘‘(5) BUY-OUT AUTHORIZATION.—The Secretary con5 cerned is authorized to permit a requesting purchaser of

6 any sale subject to this subsection to return to the Govern7 ment all or a specific volume of timber under the sale con8 tract, and shall pay to such purchaser upon tender of such

9 volume a buy-out payment for such volume from any funds

10 available to the Secretary concerned except from accounts

11 governing or related to forest land management, fire fight12 ing, timber sale preparation, harvest administration, road

13 construction and maintenance, timber sale program sup14 port; any accounts associated with preparing or admin15 istering the sale of timber from any public lands under the

16 jurisdiction of the Secretary concerned, range or minerals

17 management; or any permanent appropriation or trust

18 funds. Such volume and such payment shall be mutually

19 agreed to by the Secretary and the purchaser. The authority

20 provided by this paragraph to reach such agreement shall

21 expire 45 days after the enactment of this paragraph.’’

22 SEC. 326. (a) LAND EXCHANGE.—The Secretary of the

23 Interior (hereinafter referred to as the ‘‘Secretary’’) is au24 thorized to convey to the Boise Cascade Corporation (here25 inafter referred to as the ‘‘Corporation’’), a corporation
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1 formed under the statutes of the State of Delaware, with

2 its principal place of business at Boise, Idaho, title to ap3 proximately seven acres of land, more or less, located in

4 sections 14 and 23, township 36 north, range 37 east, Wil5 lamette Meridian, Stevens County, Washington, further

6 identified in the records of the Bureau of Reclamation, De7 partment of the Interior, as Tract No. GC–19860, and to

8 accept from the Corporation in exchange therefor, title to

9 approximately one hundred and thirty-six acres of land lo10 cated in section 19, township 37 north, range 38 east and

11 section 33, township 38 north, range 37 east, Willamette

12 Meridian, Stevens County, Washington, and further identi13 fied in the records of the Bureau of Reclamation, Depart14 ment of the Interior, as Tract No. GC–19858 and Tract

15 No. GC–19859, respectively.

16 (b) APPRAISAL.—The properties so exchanged either

17 shall be approximately equal in fair market value or if they

18 are not approximately equal, shall be equalized by the pay19 ment of cash to the Corporation or to the Secretary as re20 quired or in the event the value of the Corporation’s lands

21 is greater, the acreage may be reduced so that the fair mar22 ket value is approximately equal: Provided, That the Sec23 retary shall order appraisals made of the fair market value

24 of each tract of land included in the exchange without con25 sideration for improvements thereon: Provided further, That
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1 any cash payment received by the Secretary shall be covered

2 in the Reclamation Fund and credited to the Columbia

3 Basin project.

4 (c) ADMINISTRATIVE COSTS.—Costs of conducting the

5 necessary land surveys, preparing the legal descriptions of

6 the lands to be conveyed, performing the appraisals, and

7 administrative costs incurred in completing the exchange

8 shall be borne by the Corporation.

9 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)

10 The Secretary shall not acquire any lands under this Act

11 if the Secretary determines that such lands, or any portion

12 thereof, have become contaminated with hazardous sub13 stances (as defined in the Comprehensive Environmental

14 Response, Compensation, and Liability Act (42 U.S.C.

15 9601)).

16 (2) Notwithstanding any other provision of law, the

17 United States shall have no responsibility or liability with

18 respect to any hazardous wastes or other substances placed

19 on any of the lands covered by this Act after their transfer

20 to the ownership of any party, but nothing in this Act shall

21 be construed as either diminishing or increasing any re22 sponsibility or liability of the United States based on the

23 condition of such lands on the date of their transfer to the

24 ownership of another party. The Corporation shall indem25 nify the United States for liabilities arising under the Com-
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1 prehensive Environmental Response, Compensation, and

2 Liability Act (42 U.S.C. 9601), and the Resource Conserva3 tion Recovery Act (42 U.S.C. 6901 et seq.).

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated such sums as may be nec6 essary to carry out the purposes of this Act.

7 SEC. 327. TIMBER SALES PIPELINE RESTORATION

8 FUNDS.—(a) The Secretary of Agriculture and the Sec9 retary of the Interior shall each establish a Timber Sales

10 Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’

11 and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received

12 from sales released under section 2001(k) of the fiscal year

13 1995 Supplemental Appropriations for Disaster Assistance

14 and Rescissions Act, minus the funds necessary to make

15 payments to States or local governments under other law

16 concerning the distribution of revenues derived from the af17 fected lands, which are in excess of $37,500,000 (hereinafter

18 ‘‘excess revenues’’) shall be deposited into the Funds. The

19 distribution of excess revenues between the Agriculture

20 Fund and Interior Fund shall be calculated by multiplying

21 the total of excess revenues times a fraction with a denomi22 nator of the total revenues received from all sales released

23 under such section 2001(k) and numerators of the total reve24 nues received from such sales on lands within the National

25 Forest System and the total revenues received from such
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1 sales on lands administered by the Bureau of Land Man2 agement, respectively: Provided, That revenues or portions

3 thereof from sales released under such section 2001(k),

4 minus the amounts necessary for State and local govern5 ment payments and other necessary deposits, may be depos6 ited into the Funds immediately upon receipt thereof and

7 subsequently redistributed between the Funds or paid into

8 the United States Treasury as miscellaneous receipts as

9 may be required when the calculation of excess revenues is

10 made.

11 (b)(1) From the funds deposited into the Agriculture

12 Fund and into the Interior Fund pursuant to subsection

13 (a)—

14 (A) seventy-five percent shall be available, with15 out fiscal year limitation or further appropriation,

16 for preparation of timber sales, other than salvage

17 sales as defined in section 2001(a)(3) of the fiscal

18 year 1995 Supplemental Appropriations for Disaster

19 Assistance and Rescissions Act, which—

20 (i) are situated on lands within the Na21 tional Forest System and lands administered by

22 the Bureau of Land Management, respectively;

23 and
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1 (ii) are in addition to timber sales for

2 which funds are otherwise available in this Act

3 or other appropriations Acts; and

4 (B) twenty-five percent shall be available, with5 out fiscal year limitation or further appropriation, to

6 expend on the backlog of recreation projects on lands

7 within the National Forest System and lands admin8 istered by the Bureau of Land Management, respec9 tively.

10 (2) Expenditures under this subsection for preparation

11 of timber sales may include expenditures for Forest Service

12 activities within the forest land management budget line

13 item and associated timber roads, and Bureau of Land

14 Management activities within the Oregon and California

15 grant lands account and the forestry management area ac16 count, as determined by the Secretary concerned.

17 (c) Revenues received from any timber sale prepared

18 under subsection (b) or under this subsection, minus the

19 amounts necessary for State and local government pay20 ments and other necessary deposits, shall be deposited into

21 the Fund from which funds were expended on such sale.

22 Such deposited revenues shall be available for preparation

23 of additional timber sales and completion of additional

24 recreation projects in accordance with the requirements set

25 forth in subsection (b).
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1 (d) The Secretary concerned shall terminate all pay2 ments into the Agriculture Fund or the Interior Fund, and

3 pay any unobligated funds in the affected Fund into the

4 United States Treasury as miscellaneous receipts, whenever

5 the Secretary concerned makes a finding, published in the

6 Federal Register, that sales sufficient to achieve the total

7 allowable sales quantity of the National Forest System for

8 the Forest Service or the allowable sales level for the Oregon

9 and California grant lands for the Bureau of Land Man10 agement, respectively, have been prepared.

11 (e) Any timber sales prepared and recreation projects

12 completed under this section shall comply with all applica13 ble environmental and natural resource laws and regula14 tions.

15 (f) The Secretary concerned shall report annually to

16 the Committees on Appropriations of the United States

17 Senate and the House of Representatives on expenditures

18 made from the Fund for timber sales and recreation

19 projects, revenues received into the Fund from timber sales,

20 and timber sale preparation and recreation project work

21 undertaken during the previous year and projected for the

22 next year under the Fund. Such information shall be pro23 vided for each Forest Service region and Bureau of Land

24 Management State office.
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1 (g) The authority of this section shall terminate upon

2 the termination of both Funds in accordance with the provi3 sions of subsection (d).

4 SEC. 328. Of the funds provided to the National En5 dowment for the Arts:

6 (a) The Chairperson shall only award a grant to

7 an individual if such grant is awarded to such indi8 vidual for a literature fellowship, National Heritage

9 Fellowship, or American Jazz Masters Fellowship.

10 (b) The Chairperson shall establish procedures to

11 ensure that no funding provided through a grant, ex12 cept a grant made to a State or regional group, may

13 be used to make a grant to any other organization or

14 individual to conduct activity independent of the di15 rect grant recipient. Nothing in this subsection shall

16 prohibit payments made in exchange for goods and

17 services.

18 (c) No grant shall be used for seasonal support

19 to a group, unless the application is specific to the

20 contents of the season, including identified programs

21 and/or projects.

22 SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMIN23 ISTRATION’S RANGELAND REFORM PROGRAM.—None of the

24 funds made available under this or any other Act may be

25 used to implement or enforce the final rule published by
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1 the Secretary of the Interior on February 22, 1995 (60 Fed.

2 Reg. 9894), making amendments to parts 4, 1780, and 4100

3 of title 43, Code of Federal Regulations, to take effect August

4 21, 1995, until November 21, 1995. None of the funds made

5 available under this or any other Act may be used to pub6 lish proposed or enforce final regulations governing the

7 management of livestock grazing on lands administered by

8 the Forest Service until November 21, 1995.

9 SEC. 330. Section 1864 of title 18, United States Code,

10 is amended—

11 (1) in subsection (b)—

12 (A) in paragraph (2), by striking ‘‘twenty’’

13 and inserting ‘‘40’’;

14 (B) in paragraph (3), by striking ‘‘ten’’ and

15 inserting ‘‘20’’;

16 (C) in paragraph (4), by striking ‘‘if dam17 age exceeding $10,000 to the property of any in18 dividual results,’’ and inserting ‘‘if damage to

19 the property of any individual results or if

20 avoidance costs have been incurred exceeding

21 $10,000, in the aggregate,’’; and

22 (D) in paragraph (4), by striking ‘‘ten’’

23 and inserting ‘‘20’’;

24 (2) in subsection (c) by striking ‘‘ten’’ and in25 serting ‘‘20’’;
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1 (3) in subsection (d), by—

2 (A) striking ‘‘and’’ at the end of paragraph

3 (2);

4 (B) striking the period at the end of para5 graph (3) and inserting ‘‘; and’’; and

6 (C) adding at the end the following:

7 ‘‘(4) the term ‘avoidance costs’ means costs in8 curred by any individual for the purpose of—

9 ‘‘(A) detecting a hazardous or injurious de10 vice; or

11 ‘‘(B) preventing death, serious bodily in12 jury, bodily injury, or property damage likely to

13 result from the use of a hazardous or injurious

14 device in violation of subsection (a).’’; and

15 (4) by adding at the end thereof the following:

16 ‘‘(e) Any person injured as the result of a violation

17 of subsection (a) may commence a civil action on his own

18 behalf against any person who is alleged to be in violation

19 of subsection (a). The district courts shall have jurisdiction,

20 without regard to the amount in controversy or the citizen21 ship of the parties, in such civil actions. The court may

22 award, in addition to monetary damages for any injury

23 resulting from an alleged violation of subsection (a), costs

24 of litigation, including reasonable attorney and expert wit25 ness fees, to any prevailing or substantially prevailing
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1 party, whenever the court determines such award is appro2 priate.’’.

3 SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT

4 FOR THE ARTS.—Section 2 of the National Foundation on

5 the Arts and the Humanities Act of 1965, as amended (20

6 U.S.C. 951), sets out findings and purposes for which the

7 National Endowment for the Arts was established, among

8 which are—

9 (1) ‘‘The arts and humanities belong to all the

10 people of the United States’’;

11 (2) ‘‘The arts and humanities reflect the high

12 place accorded by the American people . . . to the

13 fostering of mutual respect for the diverse beliefs and

14 values of all persons and groups’’;

15 (3) ‘‘Public funding of the arts and humanities

16 is subject to the conditions that traditionally govern

17 the use of public money [and] such funding should

18 contribute to public support and confidence in the use

19 of taxpayer funds’’; and

20 (4) ‘‘Public funds provided by the Federal Gov21 ernment must ultimately serve public purposes the

22 Congress defines’’.

23 (b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con24 gress further finds and declares that the use of scarce funds,

25 which have been taken from all taxpayers of the United
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1 States, to promote, disseminate, sponsor, or produce any

2 material or performance that—

3 (1) denigrates the religious objects or religious

4 beliefs of the adherents of a particular religion, or

5 (2) depicts or describes, in a patently offensive

6 way, sexual or excretory activities or organs,

7 is contrary to the express purposes of the National Founda8 tion on the Arts and the Humanities Act of 1965, as amend9 ed.

10 (c) PROHIBITION ON FUNDING THAT IS NOT CONSIST11 ENT WITH THE PURPOSES OF THE ACT.—Notwithstanding

12 any other provision of law, none of the scarce funds which

13 have been taken from all taxpayers of the United States and

14 made available under this Act to the National Endowment

15 for the Arts may be used to promote, disseminate, sponsor,

16 or produce any material or performance that—

17 (1) denigrates the religious objects or religious

18 beliefs of the adherents of a particular religion, or

19 (2) depicts or describes, in a patently offensive

20 way, sexual or excretory activities or organs,

21 and this prohibition shall be strictly applied without regard

22 to the content or viewpoint of the material or performance.

23 (d) SECTION NOT TO AFFECT OTHER WORKS.—Noth24 ing in this section shall be construed to affect in any way

25 the freedom of any artist or performer to create any mate-
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1 rial or performance using funds which have not been made

2 available under this Act to the National Endowment for

3 the Arts.

4 SEC. 332. For purposes related to the closure of the

5 Bureau of Mines, funds made available to the United States

6 Geological Survey, the United States Bureau of Mines, and

7 the Bureau of Land Management shall be available for

8 transfer, with the approval of the Secretary of the Interior,

9 among the following accounts: United States Geological

10 Survey, Surveys, investigations, and research; Bureau of

11 Mines, Mines and minerals; and Bureau of Land Manage12 ment, Management of lands and resources. The Secretary

13 of Energy shall reimburse the Secretary of the Interior, in

14 an amount to be determined by the Director of the Office

15 of Management and Budget, for the expenses of the trans16 ferred functions between October 1, 1995 and the effective

17 date of the transfers of function. Such transfers shall be sub18 ject to the reprogramming guidelines of the House and Sen19 ate Committees on Appropriations.

20 SEC. 333. No funds appropriated under this or any

21 other Act shall be used to review or modify sourcing areas

22 previously approved under section 490(c)(3) of the Forest

23 Resources Conservation and Shortage Relief Act of 1990

24 (Public Law 101–382) or to enforce or implement Federal

25 regulations 36 CFR part 223 promulgated on September
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1 8, 1995. The regulations and interim rules in effect prior

2 to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36

3 CFR 223 Subpart D, 36 CFR 223 Subpart F, and 36 CFR

4 261.6) shall remain in effect. The Secretary of Agriculture

5 or the Secretary of the Interior shall not adopt any policies

6 concerning Public Law 101–382 or existing regulations that

7 would restrain domestic transportation or processing of

8 timber from private lands or impose additional account9 ability requirements on any timber. The Secretary of Com10 merce shall extend until September 30, 1996, the order is11 sued under section 491(b)(2)(A) of Public Law 101–382 and

12 shall issue an order under section 491(b)(2)(B) of such law

13 that will be effective October 1, 1996.

14 SEC. 334. The National Park Service, in accordance

15 with the Memorandum of Agreement between the United

16 States National Park Service and the City of Vancouver

17 dated November 4, 1994, shall permit general aviation on

18 its portion of Pearson Field in Vancouver, Washington

19 until the year 2022, during which time a plan and method

20 for transitioning from general aviation aircraft to historic

21 aircraft shall be completed; such transition to be accom22 plished by that date. This action shall not be construed to

23 limit the authority of the Federal Aviation Administration

24 over air traffic control or aviation activities at Pearson
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1 Field or limit operations and airspace of Portland Inter2 national Airport.

3 SEC. 335. The United States Forest Service approval

4 of Alternative site 2 (ALT 2), issued on December 6, 1993,

5 is hereby authorized and approved and shall be deemed to

6 be consistent with, and permissible under, the terms of Pub7 lic Law 100–696 (the Arizona-Idaho Conservation Act of

8 1988).

9 SEC. 336. Notwithstanding any other provision of law,

10 no funds made available to the Department of the Interior

11 or the Department of Agriculture by this or any other act,

12 through May 15, 1997, may be used to prepare, issue, or

13 implement regulations, rules, or policies pursuant to Title

14 VIII of the Alaska National Interest Lands Conservation

15 Act to assert jurisdiction, management, or control over nav16 igable waters transferred to the State of Alaska pursuant

17 to the Submerged Lands Act of 1953 or the Alaska State18 hood Act of 1959.

19 SEC. 337. Upon enactment of this Act, the following

20 provisions of Public Law 104–92, Public Law 104–91, and

21 Public Law 104–99 that would continue to have effect after

22 March 15, 1996, are superseded:

23 Section 101 of Public Law 104–92, as amended:

24 (1) the paragraph dealing with general welfare assist25 ance payments and foster care payments funded
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1 under the account heading ‘‘Operations of Indian

2 Programs’’; and (2) the paragraph dealing with the

3 visitor services in the National Park System, the Na4 tional Wildlife Refuges, the National Forests, the

5 Smithsonian Institution facilities, the National Gal6 lery of Art, the John F. Kennedy Center for the Per7 forming Arts, and the United States Holocaust Memo8 rial.

9 Section 101(a) of Public Law 104–91: (1) the

10 paragraph dealing with visitor services on the public

11 lands managed by the Bureau of Land Management;

12 and (2) the paragraph dealing with Self-Determina13 tion and Self-Governance projects and activities

14 under the account heading ‘‘Operations of Indian

15 Programs’’ and the account heading ‘‘Indian Health

16 Service’’.

17 Section 123 of Public Law 104–99.

18 Section 124 of Public Law 104–99.

19 This Act may be cited as the ‘‘Department of the Inte20 rior and Related Agencies Appropriations Act, 1996’’.

21 (d) Such amounts as may be necessary for programs,

22 projects or activities provided for in the Departments of

23 Labor, Health and Human Services, and Education, and

24 Related Agencies Appropriations Act, 1996 at a rate of op25 erations and to the extent and in the manner provided as
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1 follows, to be effective as if it had been enacted into law

2 as the regular appropriations Act:

3 AN ACT

4 Making appropriations for the Departments of Labor,

5 Health and Human Services, and Education, and related

6 agencies, for the fiscal year ending September 30, 1996 and

7 for other purposes.

8 TITLE I—DEPARTMENT OF LABOR

9 EMPLOYMENT AND TRAINING ADMINISTRATION

10 TRAINING AND EMPLOYMENT SERVICES

11 For expenses necessary to carry into effect the Job

12 Training Partnership Act, as amended, including the pur13 chase and hire of passenger motor vehicles, the construction,

14 alteration, and repair of buildings and other facilities, and

15 the purchase of real property for training centers as author16 ized by the Job Training Partnership Act; title II of the

17 Civil Rights Act of 1991; the Women in Apprenticeship and

18 Nontraditional Occupations Act; National Skill Standards

19 Act of 1994; and the School-to-Work Opportunities Act;

20 $3,108,978,000 plus reimbursements, of which

21 $2,891,759,000 is available for obligation for the period

22 July 1, 1996 through June 30, 1997; of which $121,467,000

23 is available for the period July 1, 1996 through June 30,

24 1999 for necessary expenses of construction, rehabilitation,

25 and acquisition of Job Corps centers; and of which
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1 $95,000,000 shall be available from July 1, 1996 through

2 September 30, 1997, for carrying out activities of the

3 School-to-Work Opportunities Act: Provided, That

4 $52,502,000 shall be for carrying out section 401 of the Job

5 Training Partnership Act, $69,285,000 shall be for carry6 ing out section 402 of such Act, $7,300,000 shall be for car7 rying out section 441 of such Act, $8,000,000 shall be for

8 all activities conducted by and through the National Occu9 pational Information Coordinating Committee under such

10 Act, $745,700,000 shall be for carrying out title II, part

11 A of such Act, and $126,672,000 shall be for carrying out

12 title II, part C of such Act and $5,000,000 shall be available

13 for obligation for the period July 1, 1995 through June 30,

14 1996 for employment-related activities of the 1996

15 Paralympic Games: Provided further, That no funds from

16 any other appropriation shall be used to provide meal serv17 ices at or for Job Corps centers: Provided further, That not18 withstanding any other provision of law, the Secretary of

19 Labor may waive any of the requirements contained in sec20 tions 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264,

21 301, 311, 313, 314, and 315 of the Job Training Partner22 ship Act in order to assist States in improving State

23 workforce development systems, pursuant to a request sub24 mitted by a State that has prior to the date of enactment

25 of this Act executed a Memorandum of Understanding with
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1 the United States requiring such State to meet agreed upon

2 outcomes: Provided further, That funds used from this Act

3 to carry out title III of the Job Training Partnership Act

4 shall not be subject to the limitation contained in subsection

5 (b) of section 315 of such Act; that the waiver allowing a

6 reduction in the cost limitation relating to retraining serv7 ices described in subsection (a)(2) of such section 315 may

8 be granted with respect to funds from this Act if a substate

9 grantee demonstrates to the Governor that such waiver is

10 appropriate due to the availability of low-cost retraining

11 services, is necessary to facilitate the provision of needs-re12 lated payments to accompany long-term training, or is nec13 essary to facilitate the provision of appropriate basic read14 justment services and that funds used from this Act to carry

15 out the Secretary’s discretionary grants under part B of

16 such title III may be used to provide needs-related pay17 ments to participants who, in lieu of meeting the require18 ments relating to enrollment in training under section

19 314(e) of such Act, are enrolled in training by the end of

20 the sixth week after funds have been awarded: Provided fur21 ther, That service delivery areas may transfer funding pro22 vided herein under authority of title II–C of the Job Train23 ing Partnership Act to the program authorized by title II–

24 B of that Act, if such transfer is approved by the Governor:

25 Provided further, That service delivery areas and substate
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1 areas may transfer funding provided herein under author2 ity of title II–A and title III of the Job Training Partner3 ship Act between the programs authorized by those titles

4 of the Act, if such transfer is approved by the Governor:

5 Provided further, That, notwithstanding any other provi6 sion of law, any proceeds from the sale of Job Corps Center

7 facilities shall be retained by the Secretary of Labor to

8 carry out the Job Corps program.

9 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

10 To carry out the activities for national grants or con11 tracts with public agencies and public or private nonprofit

12 organizations under paragraph (1)(A) of section 506(a) of

13 title V of the Older Americans Act of 1965, as amended,

14 or to carry out older worker activities as subsequently au15 thorized, $273,000,000.

16 To carry out the activities for grants to States under

17 paragraph (3) of section 506(a) of title V of the Older Amer18 icans Act of 1965, as amended, or to carry out older worker

19 activities as subsequently authorized, $77,000,000.

20 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

21 For payments during the current fiscal year of trade

22 adjustment benefit payments and allowances under part I,

23 and for training, for allowances for job search and reloca24 tion, and for related State administrative expenses under

25 part II, subchapters B and D, chapter 2, title II of the
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1 Trade Act of 1974, as amended, $346,100,000, together with

2 such amounts as may be necessary to be charged to the sub3 sequent appropriation for payments for any period subse4 quent to September 15 of the current year.

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For activities authorized by the Act of June 6, 1933,

8 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.

9 3202(a)(1)(E)); title III of the Social Security Act, as

10 amended (42 U.S.C. 502–504); necessary administrative ex11 penses for carrying out 5 U.S.C. 8501–8523, and sections

12 225, 231–235, 243–244, and 250(d)(1), 250(d)(3), title II

13 of the Trade Act of 1974, as amended; as authorized by sec14 tion 7c of the Act of June 6, 1933, as amended, necessary

15 administrative expenses under sections 101(a)(15)(H),

16 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), (2),

17 and (3), and 258(c) of the Immigration and Nationality

18 Act, as amended (8 U.S.C. 1101 et seq.); necessary adminis19 trative expenses to carry out section 221(a) of the Immigra20 tion Act of 1990, $117,328,000, together with not to exceed

21 $3,104,194,000 (including not to exceed $1,653,000 which

22 may be used for amortization payments to States which had

23 independent retirement plans in their State employment

24 service agencies prior to 1980, and including not to exceed

25 $2,000,000 which may be obligated in contracts with non-
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1 State entities for activities such as occupational and test

2 research activities which benefit the Federal-State Employ3 ment Service System), which may be expended from the

4 Employment Security Administration account in the Un5 employment Trust Fund, and of which the sums available

6 in the allocation for activities authorized by title III of the

7 Social Security Act, as amended (42 U.S.C. 502–504), and

8 the sums available in the allocation for necessary adminis9 trative expenses for carrying out 5 U.S.C. 8501–8523, shall

10 be available for obligation by the States through December

11 31, 1996, except that funds used for automation acquisi12 tions shall be available for obligation by States through

13 September 30, 1998; and of which $115,452,000, together

14 with not to exceed $738,283,000 of the amount which may

15 be expended from said trust fund shall be available for obli16 gation for the period July 1, 1996, through June 30, 1997,

17 to fund activities under the Act of June 6, 1933, as amend18 ed, including the cost of penalty mail made available to

19 States in lieu of allotments for such purpose, and of which

20 $216,333,000 shall be available only to the extent necessary

21 for additional State allocations to administer unemploy22 ment compensation laws to finance increases in the number

23 of unemployment insurance claims filed and claims paid

24 or changes in a State law: Provided, That to the extent that

25 the Average Weekly Insured Unemployment (AWIU) for fis-
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1 cal year 1996 is projected by the Department of Labor to

2 exceed 2.785 million, an additional $28,600,000 shall be

3 available for obligation for every 100,000 increase in the

4 AWIU level (including a pro rata amount for any incre5 ment less than 100,000) from the Employment Security Ad6 ministration Account of the Unemployment Trust Fund:

7 Provided further, That funds appropriated in this Act

8 which are used to establish a national one-stop career center

9 network may be obligated in contracts, grants or agreements

10 with non-State entities: Provided further, That funds ap11 propriated under this Act for activities authorized under

12 the Wagner-Peyser Act, as amended, and title III of the So13 cial Security Act, may be used by the States to fund inte14 grated Employment Service and Unemployment Insurance

15 automation efforts, notwithstanding cost allocation prin16 ciples prescribed under Office of Management and Budget

17 Circular A–87.

18 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

19 OTHER FUNDS

20 For repayable advances to the Unemployment Trust

21 Fund as authorized by sections 905(d) and 1203 of the So22 cial Security Act, as amended, and to the Black Lung Dis23 ability Trust Fund as authorized by section 9501(c)(1) of

24 the Internal Revenue Code of 1954, as amended; and for

25 nonrepayable advances to the Unemployment Trust Fund
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1 as authorized by section 8509 of title 5, United States Code,

2 and section 104(d) of Public Law 102–164, and section 5

3 of Public Law 103–6, and to the ‘‘Federal unemployment

4 benefits and allowances’’ account, to remain available until

5 September 30, 1997, $369,000,000.

6 In addition, for making repayable advances to the

7 Black Lung Disability Trust Fund in the current fiscal

8 year after September 15, 1996, for costs incurred by the

9 Black Lung Disability Trust Fund in the current fiscal

10 year, such sums as may be necessary.

11 ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA12 TION ACCOUNT OF THE UNEMPLOYMENT TRUST FUND

13 (RESCISSION)

14 Amounts remaining unobligated under this heading as

15 of September 30, 1995, are hereby rescinded.

16 PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND

17 OTHER FUNDS

18 (RESCISSION)

19 Of the amounts remaining unobligated under this

20 heading as of September 30, 1995, $266,000,000 are hereby

21 rescinded.

22 PROGRAM ADMINISTRATION

23 For expenses of administering employment and train24 ing programs and for carrying out section 908 of the Social

25 Security Act, $83,054,000, together with not to exceed

26 $40,793,000, which may be expended from the Employment
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1 Security Administration account in the Unemployment

2 Trust Fund.

3 PENSION AND WELFARE BENEFITS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for Pension and Welfare Bene6 fits Administration, $65,198,000.

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation is author10 ized to make such expenditures, including financial assist11 ance authorized by section 104 of Public Law 96–364, with12 in limits of funds and borrowing authority available to

13 such Corporation, and in accord with law, and to make

14 such contracts and commitments without regard to fiscal

15 year limitations as provided by section 104 of the Govern16 ment Corporation Control Act, as amended (31 U.S.C.

17 9104), as may be necessary in carrying out the program

18 through September 30, 1996, for such Corporation: Pro19 vided, That not to exceed $10,603,000 shall be available for

20 administrative expenses of the Corporation: Provided fur21 ther, That expenses of such Corporation in connection with

22 the collection of premiums, the termination of pension

23 plans, for the acquisition, protection or management, and

24 investment of trust assets, and for benefits administration

25 services shall be considered as non-administrative expenses
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1 for the purposes hereof, and excluded from the above limita2 tion.

3 EMPLOYMENT STANDARDS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employment Standards

6 Administration, including reimbursement to State, Federal,

7 and local agencies and their employees for inspection serv8 ices rendered, $254,756,000, together with $978,000 which

9 may be expended from the Special Fund in accordance with

10 sections 39(c) and 44(j) of the Longshore and Harbor Work11 ers’ Compensation Act: Provided, That the Secretary of

12 Labor is authorized to accept, retain, and spend, until ex13 pended, in the name of the Department of Labor, all sums

14 of money ordered to be paid to the Secretary of Labor, in

15 accordance with the terms of the Consent Judgment in Civil

16 Action No. 91–0027 of the United States District Court for

17 the District of the Northern Mariana Islands (May 21,

18 1992): Provided further, That the Secretary of Labor is au19 thorized to establish and, in accordance with 31 U.S.C.

20 3302, collect and deposit in the Treasury fees for processing

21 applications and issuing certificates under sections 11(d)

22 and 14 of the Fair Labor Standards Act of 1938, as amend23 ed (29 U.S.C. 211(d) and 214) and for processing applica24 tions and issuing registrations under Title I of the Migrant
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1 and Seasonal Agricultural Worker Protection Act, 29

2 U.S.C. 1801 et seq.

3 SPECIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation, benefits, and ex6 penses (except administrative expenses) accruing during the

7 current or any prior fiscal year authorized by title 5, chap8 ter 81 of the United States Code; continuation of benefits

9 as provided for under the head ‘‘Civilian War Benefits’’ in

10 the Federal Security Agency Appropriation Act, 1947; the

11 Employees’ Compensation Commission Appropriation Act,

12 1944; and sections 4(c) and 5(f) of the War Claims Act of

13 1948 (50 U.S.C. App. 2012); and 50 per centum of the addi14 tional compensation and benefits required by section 10(h)

15 of the Longshore and Harbor Workers’ Compensation Act,

16 as amended, $218,000,000 together with such amounts as

17 may be necessary to be charged to the subsequent year ap18 propriation for the payment of compensation and other ben19 efits for any period subsequent to August 15 of the current

20 year: Provided, That such sums as are necessary may be

21 used under section 8104 of title 5, United States Code, by

22 the Secretary to reimburse an employer, who is not the em23 ployer at the time of injury, for portions of the salary of

24 a reemployed, disabled beneficiary: Provided further, That

25 balances of reimbursements unobligated on September 30,
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1 1995, shall remain available until expended for the pay2 ment of compensation, benefits, and expenses: Provided fur3 ther, That in addition there shall be transferred to this ap4 propriation from the Postal Service and from any other cor5 poration or instrumentality required under section 8147(c)

6 of title 5, United States Code, to pay an amount for its

7 fair share of the cost of administration, such sums as the

8 Secretary of Labor determines to be the cost of administra9 tion for employees of such fair share entities through Sep10 tember 30, 1996: Provided further, That of those funds

11 transferred to this account from the fair share entities to

12 pay the cost of administration, $19,383,000 shall be made

13 available to the Secretary of Labor for expenditures relating

14 to capital improvements in support of Federal Employees’

15 Compensation Act administration, and the balance of such

16 funds shall be paid into the Treasury as miscellaneous re17 ceipts: Provided further, That the Secretary may require

18 that any person filing a notice of injury or a claim for

19 benefits under Subchapter 5, U.S.C., chapter 81, or under

20 subchapter 33, U.S.C. 901, et seq. (the Longshore and Har21 bor Workers’ Compensation Act, as amended), provide as

22 part of such notice and claim, such identifying information

23 (including Social Security account number) as such regula24 tions may prescribe.
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1 BLACK LUNG DISABILITY TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For payments from the Black Lung Disability Trust

4 Fund, $996,763,000, of which $949,494,000 shall be avail5 able until September 30, 1997, for payment of all benefits

6 as authorized by section 9501(d) (1), (2), (4), and (7), of

7 the Internal Revenue Code of 1954, as amended, and inter8 est on advances as authorized by section 9501(c)(2) of that

9 Act, and of which $27,350,000 shall be available for transfer

10 to Employment Standards Administration, Salaries and

11 Expenses, and $19,621,000 for transfer to Departmental

12 Management, Salaries and Expenses, and $298,000 for

13 transfer to Departmental Management, Office of Inspector

14 General, for expenses of operation and administration of

15 the Black Lung Benefits program as authorized by section

16 9501(d)(5)(A) of that Act: Provided, That in addition, such

17 amounts as may be necessary may be charged to the subse18 quent year appropriation for the payment of compensation,

19 interest, or other benefits for any period subsequent to Au20 gust 15 of the current year: Provided further, That in addi21 tion such amounts shall be paid from this fund into mis22 cellaneous receipts as the Secretary of the Treasury deter23 mines to be the administrative expenses of the Department

24 of the Treasury for administering the fund during the cur-
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1 rent fiscal year, as authorized by section 9501(d)(5)(B) of

2 that Act.

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safety

6 and Health Administration, $288,985,000 including not to

7 exceed $70,615,000 which shall be the maximum amount

8 available for grants to States under section 23(g) of the Oc9 cupational Safety and Health Act, which grants shall be

10 no less than fifty percent of the costs of State occupational

11 safety and health programs required to be incurred under

12 plans approved by the Secretary under section 18 of the

13 Occupational Safety and Health Act of 1970; and, in addi14 tion, notwithstanding 31 U.S.C. 3302, the Occupational

15 Safety and Health Administration may retain up to

16 $750,000 per fiscal year of training institute course tuition

17 fees, otherwise authorized by law to be collected, and may

18 utilize such sums for occupational safety and health train19 ing and education grants: Provided, That none of the funds

20 appropriated under this paragraph shall be obligated or ex21 pended to prescribe, issue, administer, or enforce any stand22 ard, rule, regulation, or order under the Occupational Safe23 ty and Health Act of 1970 which is applicable to any per24 son who is engaged in a farming operation which does not

25 maintain a temporary labor camp and employs ten or fewer
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1 employees: Provided further, That no funds appropriated

2 under this paragraph shall be obligated or expended to ad3 minister or enforce any standard, rule, regulation, or order

4 under the Occupational Safety and Health Act of 1970 with

5 respect to any employer of ten or fewer employees who is

6 included within a category having an occupational injury

7 lost workday case rate, at the most precise Standard Indus8 trial Classification Code for which such data are published,

9 less than the national average rate as such rates are most

10 recently published by the Secretary, acting through the Bu11 reau of Labor Statistics, in accordance with section 24 of

12 that Act (29 U.S.C. 673), except—

13 (1) to provide, as authorized by such Act, con14 sultation, technical assistance, educational and train15 ing services, and to conduct surveys and studies;

16 (2) to conduct an inspection or investigation in

17 response to an employee complaint, to issue a citation

18 for violations found during such inspection, and to

19 assess a penalty for violations which are not corrected

20 within a reasonable abatement period and for any

21 willful violations found;

22 (3) to take any action authorized by such Act

23 with respect to imminent dangers;

24 (4) to take any action authorized by such Act

25 with respect to health hazards;
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1 (5) to take any action authorized by such Act

2 with respect to a report of an employment accident

3 which is fatal to one or more employees or which re4 sults in hospitalization of two or more employees, and

5 to take any action pursuant to such investigation au6 thorized by such Act; and

7 (6) to take any action authorized by such Act

8 with respect to complaints of discrimination against

9 employees for exercising rights under such Act:

10 Provided further, That the foregoing proviso shall not apply

11 to any person who is engaged in a farming operation which

12 does not maintain a temporary labor camp and employs

13 ten or fewer employees.

14 MINE SAFETY AND HEALTH ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Mine Safety and Health

17 Administration, $196,673,000, including purchase and be18 stowal of certificates and trophies in connection with mine

19 rescue and first-aid work, and the hire of passenger motor

20 vehicles; the Secretary is authorized to accept lands, build21 ings, equipment, and other contributions from public and

22 private sources and to prosecute projects in cooperation

23 with other agencies, Federal, State, or private; the Mine

24 Safety and Health Administration is authorized to promote

25 health and safety education and training in the mining
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HR 3019 EAS

1 community through cooperative programs with States, in2 dustry, and safety associations; and any funds available to

3 the Department may be used, with the approval of the Sec4 retary, to provide for the costs of mine rescue and survival

5 operations in the event of a major disaster: Provided, That

6 none of the funds appropriated under this paragraph shall

7 be obligated or expended to carry out section 115 of the Fed8 eral Mine Safety and Health Act of 1977 or to carry out

9 that portion of section 104(g)(1) of such Act relating to the

10 enforcement of any training requirements, with respect to

11 shell dredging, or with respect to any sand, gravel, surface

12 stone, surface clay, colloidal phosphate, or surface limestone

13 mine.

14 BUREAU OF LABOR STATISTICS

15 SALARIES AND EXPENSES

16 For necessary expenses for the Bureau of Labor Statis17 tics, including advances or reimbursements to State, Fed18 eral, and local agencies and their employees for services ren19 dered, $292,462,000, of which $11,549,000 shall be for ex20 penses of revising the Consumer Price Index and shall re21 main available until September 30, 1997, together with not

22 to exceed $49,997,000, which may be expended from the

23 Employment Security Administration account in the Un24 employment Trust Fund.
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for Departmental Management,

4 including the hire of three sedans, and including up to

5 $4,358,000 for the President’s Committee on Employment

6 of People With Disabilities, $140,077,000; together with not

7 to exceed $303,000, which may be expended from the Em8 ployment Security Administration account in the Unem9 ployment Trust Fund: Provided, That no funds made avail10 able by this Act may be used by the Solicitor of Labor to

11 participate in a review in any United States court of ap12 peals of any decision made by the Benefits Review Board

13 under Section 21 of the Longshore and Harbor Workers’

14 Compensation Act (33 U.S.C. 921) where such participa15 tion is precluded by the decision of the United States Su16 preme Court in Director, Office of Workers’ Compensation

17 Programs v. Newport News Shipbuilding, 115 S. Ct. 1278,

18 (1995): Provided further, That no funds made available by

19 this Act may be used by the Secretary of Labor after Sep20 tember 12, 1996, to review a decision under the Longshore

21 and Harbor Workers’ Compensation Act (33 U.S.C. 901 et

22 seq.) that has been appealed and that has been pending be23 fore the Benefits Review Board for more than 12 months:

24 Provided further, That any such decision pending a review

25 by the Benefits Review Board for more than one year shall,
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1 if not acted upon by the Board before September 12, 1996,

2 be considered affirmed by the Benefits Review Board on

3 that date, and shall be considered the final order of the

4 Board for purposes of obtaining a review in the United

5 States courts of appeals: Provided further, That beginning

6 on September 13, 1996, the Benefits Review Board shall

7 make a decision on an appeal of a decision under the

8 Longshore and Harbor Workers’ Compensation Act (33

9 U.S.C. 901 et seq.) not later than 1 year after the date the

10 appeal to the Benefits Review Board was filed; however, if

11 the Benefits Review Board fails to make a decision within

12 the 1-year period, the decision under review shall be consid13 ered the final order of the Board for purposes of obtaining

14 a review in the United States courts of appeals.

15 WORKING CAPITAL FUND

16 The language under this heading in Public Law 85–

17 67, as amended, is further amended by adding the following

18 before the last period: ‘‘: Provided further, That within the

19 Working Capital Fund, there is established an Investment

20 in Reinvention Fund (IRF), which shall be available to in21 vest in projects of the Department designed to produce

22 measurable improvements in agency efficiency and signifi23 cant taxpayer savings. Notwithstanding any other provi24 sion of law, the Secretary of Labor may retain up to

25 $3,900,000 of the unobligated balances in the Department’s

26 annual Salaries and Expenses accounts as of September 30,
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1 1995, and transfer those amounts to the IRF to provide the

2 initial capital for the IRF, to remain available until ex3 pended, to make loans to agencies of the Department for

4 projects designed to enhance productivity and generate cost

5 savings. Such loans shall be repaid to the IRF no later than

6 September 30 of the fiscal year following the fiscal year in

7 which the project is completed. Such repayments shall be

8 deposited in the IRF, to be available without further appro9 priation action.’’

10 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND

11 TRAINING

12 Not to exceed $170,390,000 may be derived from the

13 Employment Security Administration account in the Un14 employment Trust Fund to carry out the provisions of 38

15 U.S.C. 4100–4110A and 4321–4327, and Public Law 103–

16 353, and which shall be available for obligation by the

17 States through December 31, 1996.

18 OFFICE OF INSPECTOR GENERAL

19 For salaries and expenses of the Office of Inspector

20 General in carrying out the provisions of the Inspector Gen21 eral Act of 1978, as amended, $44,426,000, together with

22 not to exceed $3,615,000, which may be expended from the

23 Employment Security Administration account in the Un24 employment Trust Fund.
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1 GENERAL PROVISIONS

2 SEC. 101. None of the funds appropriated in this title

3 for the Job Corps shall be used to pay the compensation

4 of an individual, either as direct costs or any proration

5 as an indirect cost, at a rate in excess of $125,000.

6 SEC. 102. None of the funds made available in this

7 Act may be used by the Occupational Safety and Health

8 Administration to promulgate or issue any proposed or

9 final standard or guideline regarding ergonomic protection.

10 Nothing in this section shall be construed to limit the Occu11 pational Safety and Health Administration from conduct12 ing any peer reviewed risk assessment activity regarding

13 ergonomics, including conducting peer reviews of the sci14 entific basis for establishing any standard or guideline, di15 rect or contracted research, or other activity necessary to

16 fully establish the scientific basis for promulgating any

17 standard or guideline on ergonomic protection.

18 (TRANSFER OF FUNDS)

19 SEC. 103. Not to exceed 1 percent of any appropriation

20 made available for the current fiscal year for the Depart21 ment of Labor in this Act may be transferred between such

22 appropriations, but no such appropriation shall be in23 creased by more than 3 percent by any such transfers: Pro24 vided, That the Appropriations Committees of both Houses

25 of Congress are notified at least fifteen days in advance of

26 any transfers.
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1 This title may be cited as the ‘‘Department of Labor

2 Appropriations Act, 1996’’.

3 TITLE II—DEPARTMENT OF HEALTH AND

4 HUMAN SERVICES

5 HEALTH RESOURCES AND SERVICES ADMINISTRATION

6 HEALTH RESOURCES AND SERVICES

7 For carrying out titles II, III, VII, VIII, X, XVI, XIX,

8 and XXVI of the Public Health Service Act, section 427(a)

9 of the Federal Coal Mine Health and Safety Act, title V

10 of the Social Security Act, the Health Care Quality Im11 provement Act of 1986, as amended, Public Law 101–527,

12 and the Native Hawaiian Health Care Act of 1988, as

13 amended, $2,954,864,000, of which $411,000 shall remain

14 available until expended for interest subsidies on loan guar15 antees made prior to fiscal year 1981 under part B of title

16 VII of the Public Health Service Act: Provided, That the

17 Division of Federal Occupational Health may utilize per18 sonal services contracting to employ professional manage19 ment/administrative, and occupational health professionals:

20 Provided further, That of the funds made available under

21 this heading, $858,000 shall be available until expended for

22 facilities renovations at the Gillis W. Long Hansen’s Dis23 ease Center: Provided further, That in addition to fees au24 thorized by section 427(b) of the Health Care Quality Im25 provement Act of 1986, fees shall be collected for the full
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1 disclosure of information under the Act sufficient to recover

2 the full costs of operating the National Practitioner Data

3 Bank, and shall remain available until expended to carry

4 out that Act: Provided further, That no more than

5 $5,000,000 is available for carrying out the provisions of

6 Public Law 102–501 as amended: Provided further, That

7 of the funds made available under this heading,

8 $193,349,000 shall be for the program under title X of the

9 Public Health Service Act to provide for voluntary family

10 planning projects: Provided further, That amounts provided

11 to said projects under such title shall not be expended for

12 abortions, that all pregnancy counseling shall be

13 nondirective, and that such amounts shall not be expended

14 for any activity (including the publication or distribution

15 of literature) that in any way tends to promote public sup16 port or opposition to any legislative proposal or candidate

17 for public office: Provided further, That notwithstanding

18 any other provision of law, funds made available under this

19 heading may be used to continue operating the Council on

20 Graduate Medical Education established by section 301 of

21 Public Law 102–408: Provided further, That the Secretary

22 shall use amounts available for section 2603(b) of the Public

23 Health Service Act as necessary to ensure that fiscal year

24 1996 grant awards made under section 2603(a) of such Act

25 to eligible areas that received such grants in fiscal year
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1 1995 are not less than the fiscal year 1995 level: Provided

2 further, That of the amounts available for Area Health Edu3 cation Centers, $24,125,000 shall be for section 746(i)(1)(A)

4 of the Health Professions Education Extension Amendments

5 of 1992, notwithstanding section 746(i)(1)(C).

6 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

7 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

8 For carrying out subsections (d) and (e) of section

9 1602 of the Public Health Service Act, $8,000,000, together

10 with any amounts received by the Secretary in connection

11 with loans and loan guarantees under title VI of the Public

12 Health Service Act, to be available without fiscal year limi13 tation for the payment of interest subsidies. During the fis14 cal year, no commitments for direct loans or loan guaran15 tees shall be made.

16 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

17 For the cost of guaranteed loans, such sums as may

18 be necessary to carry out the purpose of the program, as

19 authorized by title VII of the Public Health Service Act,

20 as amended: Provided, That such costs, including the cost

21 of modifying such loans, shall be as defined in section 502

22 of the Congressional Budget Act of 1974: Provided further,

23 That these funds are available to subsidize gross obligations

24 for the total loan principal any part of which is to be guar25 anteed at not to exceed $210,000,000. In addition, for ad-
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1 ministrative expenses to carry out the guaranteed loan pro2 gram, $2,688,000.

3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

4 For payments from the Vaccine Injury Compensation

5 Program Trust Fund, such sums as may be necessary for

6 claims associated with vaccine-related injury or death with

7 respect to vaccines administered after September 30, 1988,

8 pursuant to subtitle 2 of title XXI of the Public Health

9 Service Act, to remain available until expended: Provided,

10 That for necessary administrative expenses, not to exceed

11 $3,000,000 shall be available from the Trust Fund to the

12 Secretary of Health and Human Services.

13 VACCINE INJURY COMPENSATION

14 For payment of claims resolved by the United States

15 Court of Federal Claims related to the administration of

16 vaccines before October 1, 1988, $110,000,000, to remain

17 available until expended.

18 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

19 ADMINISTRATION

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 For carrying out titles V and XIX of the Public Health

22 Service Act with respect to substance abuse and mental

23 health services, the Protection and Advocacy for Mentally

24 Ill Individuals Act of 1986, and section 301 of the Public
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1 Health Service Act with respect to program management,

2 $1,800,469,000.

3 RETIREMENT PAY AND MEDICAL BENEFITS FOR

4 COMMISSIONED OFFICERS

5 For retirement pay and medical benefits of Public

6 Health Service Commissioned Officers as authorized by law,

7 and for payments under the Retired Serviceman’s Family

8 Protection Plan and Survivor Benefit Plan and for medical

9 care of dependents and retired personnel under the Depend10 ents’ Medical Care Act (10 U.S.C. ch. 55), and for payments

11 pursuant to section 229(b) of the Social Security Act (42

12 U.S.C. 429(b)), such amounts as may be required during

13 the current fiscal year.

14 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

15 HEALTH CARE POLICY AND RESEARCH

16 For carrying out titles III and IX of the Public Health

17 Service Act, and part A of title XI of the Social Security

18 Act, $65,390,000; in addition, amounts received from Free19 dom of Information Act fees, reimbursable and interagency

20 agreements, and the sale of data tapes shall be credited to

21 this appropriation and shall remain available until ex22 pended: Provided, That the amount made available pursu23 ant to section 926(b) of the Public Health Service Act shall

24 not exceed $63,080,000.
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1 HEALTH CARE FINANCING ADMINISTRATION

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles

4 XI and XIX of the Social Security Act, $55,094,355,000,

5 to remain available until expended.

6 For making, after May 31, 1996, payments to States

7 under title XIX of the Social Security Act for the last quar8 ter of fiscal year 1996 for unanticipated costs, incurred for

9 the current fiscal year, such sums as may be necessary.

10 For making payments to States under title XIX of the

11 Social Security Act for the first quarter of fiscal year 1997,

12 $26,155,350,000, to remain available until expended.

13 Payment under title XIX may be made for any quarter

14 with respect to a State plan or plan amendment in effect

15 during such quarter, if submitted in or prior to such quar16 ter and approved in that or any subsequent quarter.

17 PAYMENTS TO HEALTH CARE TRUST FUNDS

18 For payment to the Federal Hospital Insurance and

19 the Federal Supplementary Medical Insurance Trust

20 Funds, as provided under sections 217(g) and 1844 of the

21 Social Security Act, sections 103(c) and 111(d) of the So22 cial Security Amendments of 1965, section 278(d) of Public

23 Law 97–248, and for administrative expenses incurred pur24 suant to section 201(g) of the Social Security Act,

25 $63,313,000,000.
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1 PROGRAM MANAGEMENT

2 For carrying out, except as otherwise provided, titles

3 XI, XVIII, and XIX of the Social Security Act, and title

4 XIII of the Public Health Service Act, the Clinical Labora5 tory Improvement Amendments of 1988, and section

6 4005(e) of Public Law 100–203, not to exceed

7 $2,111,406,000, together with all funds collected in accord8 ance with section 353 of the Public Health Service Act, the

9 latter funds to remain available until expended, together

10 with such sums as may be collected from authorized user

11 fees and the sale of data, which shall remain available until

12 expended, the $2,111,406,000, to be transferred to this ap13 propriation as authorized by section 201(g) of the Social

14 Security Act, from the Federal Hospital Insurance and the

15 Federal Supplementary Medical Insurance Trust Funds:

16 Provided, That all funds derived in accordance with 31

17 U.S.C. 9701 from organizations established under title XIII

18 of the Public Health Service Act are to be credited to this

19 appropriation.

20 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

21 GUARANTEE FUND

22 For carrying out subsections (d) and (e) of section

23 1308 of the Public Health Service Act, any amounts re24 ceived by the Secretary in connection with loans and loan

25 guarantees under title XIII of the Public Health Service
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1 Act, to be available without fiscal year limitation for the

2 payment of outstanding obligations. During fiscal year

3 1996, no commitments for direct loans or loan guarantees

4 shall be made.

5 ADMINISTRATION FOR CHILDREN AND FAMILIES

6 FAMILY SUPPORT PAYMENTS TO STATES

7 For making payments to States or other non-Federal

8 entities, except as otherwise provided, under titles I, IV–

9 A (other than section 402(g)(6)) and D, X, XI, XIV, and

10 XVI of the Social Security Act, and the Act of July 5, 1960

11 (24 U.S.C. ch. 9), $13,614,307,000, to remain available

12 until expended.

13 For making, after May 31 of the current fiscal year,

14 payments to States or other non-Federal entities under ti15 tles I, IV–A and D, X, XI, XIV, and XVI of the Social Secu16 rity Act, for the last three months of the current year for

17 unanticipated costs, incurred for the current fiscal year,

18 such sums as may be necessary.

19 For making payments to States or other non-Federal

20 entities under titles I, IV–A (other than section 402(g)(6))

21 and D, X, XI, XIV, and XVI of the Social Security Act

22 and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first

23 quarter of fiscal year 1997, $4,800,000,000, to remain

24 available until expended.
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1 JOB OPPORTUNITIES AND BASIC SKILLS

2 For carrying out aid to families with dependent chil3 dren work programs, as authorized by part F of title IV

4 of the Social Security Act, $1,000,000,000.

5 LOW INCOME HOME ENERGY ASSISTANCE

6 (INCLUDING RESCISSION)

7 Of the funds made available beginning on October 1,

8 1995 under this heading in Public Law 103–333,

9 $100,000,000 are hereby rescinded.

10 For making payments under title XXVI of the Omni11 bus Budget Reconciliation Act of 1981, $1,000,000,000, to

12 be available for obligation in the period October 1, 1996

13 through September 30, 1997.

14 For making payments under title XXVI of the Omni15 bus Budget Reconciliation Act of 1981, an additional

16 $300,000,000 to remain available until expended: Provided,

17 That all of the funds available under this paragraph are

18 hereby designated by Congress to be emergency requirements

19 pursuant to section 251(b)(2)(D) of the Balanced Budget

20 and Emergency Deficit Control Act of 1985: Provided fur21 ther, That these funds shall be made available only after

22 submission to Congress of a formal budget request by the

23 President that includes designation of the entire amount of

24 the request as an emergency requirement as defined in the
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1 Balanced Budget and Emergency Deficit Control Act of

2 1985.

3 REFUGEE AND ENTRANT ASSISTANCE

4 For making payments for refugee and entrant assist5 ance activities authorized by title IV of the Immigration

6 and Nationality Act and section 501 of the Refugee Edu7 cation Assistance Act of 1980 (Public Law 96–422),

8 $397,872,000: Provided, That funds appropriated pursuant

9 to section 414(a) of the Immigration and Nationality Act

10 under Public Law 103–112 for fiscal year 1994 shall be

11 available for the costs of assistance provided and other ac12 tivities conducted in such year and in fiscal years 1995

13 and 1996.

14 CHILD CARE AND DEVELOPMENT BLOCK GRANT

15 For carrying out sections 658A through 658R of the

16 Omnibus Budget Reconciliation Act of 1981 (The Child

17 Care and Development Block Grant Act of 1990),

18 $934,642,000, which shall be available for obligation under

19 the same statutory terms and conditions applicable in the

20 prior fiscal year.

21 SOCIAL SERVICES BLOCK GRANT

22 For making grants to States pursuant to section 2002

23 of the Social Security Act, $2,380,000,000: Provided, That

24 notwithstanding section 2003(c) of such Act, the amount
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1 specified for allocation under such section for fiscal year

2 1996 shall be $2,380,000,000.

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the

5 Runaway and Homeless Youth Act, the Developmental Dis6 abilities Assistance and Bill of Rights Act, the Head Start

7 Act, the Child Abuse Prevention and Treatment Act, the

8 Family Violence Prevention and Services Act, the Native

9 American Programs Act of 1974, title II of Public Law 95–

10 266 (adoption opportunities), the Temporary Child Care

11 for Children with Disabilities and Crisis Nurseries Act of

12 1986, the Abandoned Infants Assistance Act of 1988, and

13 part B(1) of title IV of the Social Security Act; for making

14 payments under the Community Services Block Grant Act;

15 and for necessary administrative expenses to carry out said

16 Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social

17 Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9),

18 the Omnibus Budget Reconciliation Act of 1981, title IV

19 of the Immigration and Nationality Act, section 501 of the

20 Refugee Education Assistance Act of 1980, and section 126

21 and titles IV and V of Public Law 100–485, $4,585,546,000;

22 of which $435,463,000 shall be for making payments under

23 the Community Services Block Grant Act: Provided, That

24 to the extent Community Services Block Grant funds are

25 distributed as grant funds by a State to an eligible entity
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1 as provided under the Act, and have not been expended by

2 such entity, they shall remain with such entity for carry3 over into the next fiscal year for expenditure by such entity

4 consistent with program purposes.

5 In addition, $21,358,000, to be derived from the Vio6 lent Crime Reduction Trust Fund, for carrying out sections

7 40155, 40211, 40241, and 40251 of Public Law 103–322.

8 FAMILY PRESERVATION AND SUPPORT

9 For carrying out section 430 of the Social Security

10 Act, $225,000,000.

11 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

12 ASSISTANCE

13 For making payments to States or other non-Federal

14 entities, under title IV–E of the Social Security Act,

15 $4,322,238,000.

16 ADMINISTRATION ON AGING

17 AGING SERVICES PROGRAMS

18 For carrying out, to the extent not otherwise provided,

19 the Older Americans Act of 1965, as amended,

20 $831,027,000: Provided, That notwithstanding section

21 308(b)(1) of such Act, the amounts available to each State

22 for administration of the State plan under title III of such

23 Act shall be reduced not more than 5 percent below the

24 amount that was available to such State for such purpose

25 for fiscal year 1995.
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1 OFFICE OF THE SECRETARY

2 GENERAL DEPARTMENTAL MANAGEMENT

3 For necessary expenses, not otherwise provided, for

4 general departmental management, including hire of six

5 medium sedans, and for carrying out titles III, XVII, XX,

6 and XXI of the Public Health Service Act, $130,499,000,

7 together with $6,628,000, to be transferred and expended

8 as authorized by section 201(g)(1) of the Social Security

9 Act from the Hospital Insurance Trust Fund and the Sup10 plemental Medical Insurance Trust Fund.

11 OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector Gen13 eral in carrying out the provisions of the Inspector General

14 Act of 1978, as amended, $58,492,000, together with not to

15 exceed $20,670,000, to be transferred and expended as au16 thorized by section 201(g)(1) of the Social Security Act from

17 the Hospital Insurance Trust Fund and the Supplemental

18 Medical Insurance Trust Fund, together with any funds,

19 to remain available until expended, that represent the equi20 table share from the forfeiture of property in investigations

21 in which the Office of Inspector General participated, and

22 which are transferred to the Office of the Inspector General

23 by the Department of Justice, the Department of the Treas24 ury, or the United States Postal Service.
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil Rights,

3 $16,153,000, together with not to exceed $3,314,000, to be

4 transferred and expended as authorized by section 201(g)(1)

5 of the Social Security Act from the Hospital Insurance

6 Trust Fund and the Supplemental Medical Insurance Trust

7 Fund.

8 POLICY RESEARCH

9 For carrying out, to the extent not otherwise provided,

10 research studies under section 1110 of the Social Security

11 Act, $9,000,000.

12 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

13 For expenses necessary to prepare to respond to the

14 health and medical consequences of nuclear, chemical, or

15 biologic attack in the United States, $7,000,000, to remain

16 available until expended and, in addition, for clinical

17 trials, applying imaging technology used for missile guid18 ance and target recognition to new uses improving the early

19 detection of breast cancer, $2,000,000, to remain available

20 until expended.

21 GENERAL PROVISIONS

22 SEC. 201. Funds appropriated in this title shall be

23 available for not to exceed $37,000 for official reception and

24 representation expenses when specifically approved by the

25 Secretary.
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1 SEC. 202. The Secretary shall make available through

2 assignment not more than 60 employees of the Public

3 Health Service to assist in child survival activities and to

4 work in AIDS programs through and with funds provided

5 by the Agency for International Development, the United

6 Nations International Children’s Emergency Fund or the

7 World Health Organization.

8 SEC. 203. None of the funds appropriated under this

9 Act may be used to implement section 399L(b) of the Public

10 Health Service Act.

11 SEC. 204. None of the funds made available by this

12 Act may be used to withhold payment to any State under

13 the Child Abuse Prevention and Treatment Act by reason

14 of a determination that the State is not in compliance with

15 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal

16 Regulations. This provision expires upon the date of enact17 ment of the reauthorization of the Child Abuse Prevention

18 and Treatment Act or upon September 30, 1996, whichever

19 occurs first.

20 SEC. 205. None of the funds appropriated in this or

21 any other Act for the National Institutes of Health and the

22 Substance Abuse and Mental Health Services Administra23 tion shall be used to pay the salary of an individual,

24 through a grant or other extramural mechanism, at a rate

25 in excess of $125,000 per year.
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1 Sec. 206. None of the funds appropriated in this Act

2 may be expended pursuant to section 241 of the Public

3 Health Service Act, except for funds specifically provided

4 for in this Act, prior to the Secretary’s preparation and

5 submission of a report to the Committee on Appropriations

6 of the Senate and of the House detailing the planned uses

7 of such funds.

8 (TRANSFER OF FUNDS)

9 SEC. 207. Of the funds appropriated or otherwise made

10 available for the Department of Health and Human Serv11 ices, General Departmental Management, for fiscal year

12 1996, the Secretary of Health and Human Services shall

13 transfer to the Office of the Inspector General such sums

14 as may be necessary for any expenses with respect to the

15 provision of security protection for the Secretary of Health

16 and Human Services.

17 SEC. 208. Notwithstanding section 106 of Public Law

18 104–91, appropriations for the National Institutes of

19 Health and the Centers for Disease Control and Prevention

20 shall be available for fiscal year 1996 as specified in section

21 101 of Public Law 104–91.

22 (RESCISSION)

23 SEC. 209. Of the amounts made available under the

24 account heading ‘‘Disease Control, Research, and Training’’

25 under the Centers for Disease Control and Prevention, De26 partment of Health and Human Services in Public Law
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1 103–333, Public Law 103–112, and Public Law 102–394

2 for immunization activities, $53,000,000 are hereby re3 scinded.

4 SEC. 210. Of the funds provided for the account head5 ing ‘‘Disease Control, Research, and Training’’ in Public

6 Law 104–91, $31,642,000, to be derived from the Violent

7 Crime Reduction Trust Fund, is hereby available for carry8 ing out sections 40151, 40261, and 40293 of Public Law

9 103–322 notwithstanding any provision of Public Law

10 104–91.

11 SEC. 211. The Director of the Centers for Disease Con12 trol and Prevention may redirect the total amount made

13 available under the authority of Public Law 101–502, sec14 tion 3, dated November 3, 1990, to activities the Director

15 may so designate: Provided, That the Congress is to be noti16 fied promptly of any such transfer.

17 (TRANSFER OF FUNDS)

18 SEC. 212. Notwithstanding any other provision of this

19 Act or of Public Law 104–91, the Director of the Office of

20 AIDS Research, National Institutes of Health, in consulta21 tion with the Director, National Institutes of Health, may

22 transfer up to 3 percent among Institutes from the total

23 amounts identified in each Institute for AIDS research:

24 Provided, That such transfers shall be within 30 days of

25 enactment of this Act and be based on the scientific prior26 ities established in the plan developed by the Director in
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1 accordance with section 2353 of Public Law 103–43: Pro2 vided further, That the Congress is promptly notified of the

3 transfer.

4 SEC. 213. If the Secretary fails to approve the applica5 tion for waivers related to the Achieving Change for Texans,

6 a comprehensive reform of the Texas Aid To Families With

7 Dependent Children program designed to encourage work

8 instead of welfare, a request under section 1115(a) of the

9 Social Security Act submitted by the Texas Department of

10 Human Services on September 30, 1995, by the date of en11 actment of this Act, notwithstanding the Secretary’s author12 ity to approve the applications under such section, the ap13 plication shall be deemed approved.

14 SEC. 214. (a) REIMBURSEMENT OF CERTAIN CLAIMS

15 UNDER THE MEDICAID PROGRAM.—Notwithstanding any

16 other provision of law, and subject to subsection (b), in the

17 case where payment has been made by a State under title

18 XIX of the Social Security Act between December 31, 1993,

19 and December 31, 1995, to a State-operated psychiatric hos20 pital for services provided directly by the hospital or by

21 providers under contract or agreement with the hospital,

22 and the Secretary of Health and Human Services has noti23 fied the State that the Secretary intends to defer the deter24 mination of claims for reimbursement related to such pay25 ment but for which a deferral of such claims has not been
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1 taken as of March 1, 1996, (or, if such claims have been

2 deferred as of such date, such claims have not been dis3 allowed by such date), the Secretary shall—

4 (1) if, as of the date of the enactment of this

5 title, such claims have been formally deferred or dis6 allowed, discontinue any such action, and if a dis7 allowance of such claims has been taken as of such

8 date, rescind any payment reductions effected;

9 (2) not initiate any deferral or disallowance pro10 ceeding related to such claims; and

11 (3) allow reimbursement of such claims.

12 (b) LIMITATION ON RESCISSION OR REIMBURSEMENT

13 OF CLAIMS.—The total amount of payment reductions re14 scinded or reimbursement of claims allowed under sub15 section (a) shall not exceed $54,000,000.

16 (c) OFFSET OF FUNDS.—Notwithstanding any other

17 provision of this Act, the amounts on lines 5 and 8 of page

18 570 (relating to the Social Services Block Grant) shall each

19 be reduced by $70,000,000.

20 This title may be cited as the ‘‘Department of Health

21 and Human Services Appropriations Act, 1996’’.

22 TITLE III—DEPARTMENT OF EDUCATION

23 EDUCATION REFORM

24 For carrying out activities authorized by titles III and

25 IV of the Goals 2000: Educate America Act and the School-
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1 to-Work Opportunities Act, $385,000,000, of which

2 $290,000,000 for the Goals 2000: Educate America Act and

3 $95,000,000 for the School-to-Work Opportunities Act

4 which shall become available on July 1, 1996, and remain

5 available through September 30, 1997: Provided, That not6 withstanding section 311(e) of Public Law 103–227, the

7 Secretary is authorized to grant up to six additional State

8 education agencies authority to waive Federal statutory or

9 regulatory requirements for fiscal year 1996 and succeeding

10 fiscal years.

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out title I of the Elementary and Second13 ary Education Act of 1965, and section 418A of the Higher

14 Education Act, $6,513,511,000, of which $6,497,172,000

15 shall become available on July 1, 1996 and shall remain

16 available through September 30, 1997: Provided, That

17 $5,266,863,000 shall be available for basic grants under sec18 tion 1124: Provided further, That up to $3,500,000 of these

19 funds shall be available to the Secretary on October 1, 1995,

20 to obtain updated local-educational-agency-level census pov21 erty data from the Bureau of the Census: Provided further,

22 That $692,341,000 shall be available for concentration

23 grants under section 1124(A) and $3,370,000 shall be avail24 able for evaluations under section 1501.
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1 IMPACT AID

2 For carrying out programs of financial assistance to

3 federally affected schools authorized by title VIII of the Ele4 mentary and Secondary Education Act of 1965,

5 $691,159,000, of which $581,170,000 shall be for basic sup6 port payments under section 8003(b), $40,000,000 shall be

7 for payments for children with disabilities under section

8 8003(d), $50,000,000, to remain available until expended,

9 shall be for payments under section 8003(f), $5,000,000

10 shall be for construction under section 8007, and

11 $14,989,000 shall be for Federal property payments under

12 section 8002.

13 SCHOOL IMPROVEMENT PROGRAMS

14 For carrying out school improvement activities author15 ized by titles II, IV–A–1, V–A, VI, VII–B, and titles IX,

16 X and XIII of the Elementary and Secondary Education

17 Act of 1965; the Stewart B. McKinney Homeless Assistance

18 Act; and the Civil Rights Act of 1964; $948,987,000 of

19 which $775,760,000 shall become available on July 1, 1996,

20 and remain available through September 30, 1997: Pro21 vided, That of the amount appropriated, $275,000,000 shall

22 be for Eisenhower professional development State grants

23 under title II–B and $275,000,000 shall be for innovative

24 education program strategies State grants under title VI–
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1 A: Provided further, That not less than $3,000,000 shall be

2 for innovative programs under section 5111.

3 BILINGUAL AND IMMIGRANT EDUCATION

4 For carrying out, to the extent not otherwise provided,

5 bilingual and immigrant education activities authorized by

6 title VII of the Elementary and Secondary Education Act,

7 without regard to section 7103(b), $150,000,000 of which

8 $50,000,000 shall be for immigrant education programs au9 thorized by part C: Provided, That State educational agen10 cies may use all, or any part of, their part C allocation

11 for competitive grants to local educational agencies.

12 SPECIAL EDUCATION

13 For carrying out parts B, C, D, E, F, G, and H and

14 section 610(j)(2)(C) of the Individuals with Disabilities

15 Education Act, $3,245,447,000, of which $3,000,000,000

16 shall become available for obligation on July 1, 1996, and

17 shall remain available through September 30, 1997: Pro18 vided, That the Republic of the Marshall Islands and the

19 Federated States of Micronesia shall be considered jurisdic20 tions for the purposes of section 611(e)(1), of the Individuals

21 with Disabilities Education Act: Provided further, That

22 notwithstanding section 621(e), funds made available for

23 section 621 shall be distributed among each of the regional

24 centers and the Federal center in proportion to the amount

25 that each such center received in fiscal year 1995.
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1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise provided,

3 the Rehabilitation Act of 1973, the Technology-Related As4 sistance for Individuals with Disabilities Act, and the

5 Helen Keller National Center Act, as amended,

6 $2,452,620,000.

7 SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

8 AMERICAN PRINTING HOUSE FOR THE BLIND

9 For carrying out the Act of March 3, 1879, as amended

10 (20 U.S.C. 101 et seq.), $6,680,000.

11 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

12 For the National Technical Institute for the Deaf

13 under titles I and II of the Education of the Deaf Act of

14 1986 (20 U.S.C. 4301 et seq.), $42,180,000: Provided, That

15 from the amount available, the Institute may at its discre16 tion use funds for the endowment program as authorized

17 under section 207.

18 GALLAUDET UNIVERSITY

19 For the Kendall Demonstration Elementary School,

20 the Model Secondary School for the Deaf, and the partial

21 support of Gallaudet University under titles I and II of

22 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et

23 seq.), $77,629,000: Provided, That from the amount avail24 able, the University may at its discretion use funds for the

25 endowment program as authorized under section 207.
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1 VOCATIONAL AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise provided,

3 the Carl D. Perkins Vocational and Applied Technology

4 Education Act, the Adult Education Act, and the National

5 Literacy Act of 1991, $1,257,888,000, of which $4,869,000

6 shall be for the National Institute for Literacy, and of which

7 $5,100,000 shall be available to carry out title VI of the

8 National Literacy Act of 1991; and of which $1,254,969,000

9 shall become available on July 1, 1996 and shall remain

10 available through September 30, 1997: Provided, That of

11 the amounts made available under the Carl D. Perkins Vo12 cational and Applied Technology Education Act,

13 $5,000,000 shall be for national programs under title IV

14 without regard to section 451 and $350,000 shall be for

15 evaluations under section 346(b) of the Act and no funds

16 shall be available for State councils under section 112.

17 STUDENT FINANCIAL ASSISTANCE

18 For carrying out subparts 1, 3, and 4 of part A, part

19 C, and part E of title IV of the Higher Education Act of

20 1965, as amended, $6,165,290,000, which shall remain

21 available through September 30, 1997: Provided, That not22 withstanding section 401(a)(1) of the Act, there shall be not

23 to exceed 3,634,000 Pell Grant recipients in award year

24 1995–1996.
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1 The maximum Pell Grant for which a student shall

2 be eligible during award year 1996–1997 shall be $2,440:

3 Provided, That notwithstanding section 401(g) of the Act,

4 as amended, if the Secretary determines, prior to publica5 tion of the payment schedule for award year 1996–1997,

6 that the $4,814,000,000 included within this appropriation

7 for Pell Grant awards for award year 1996–1997, and any

8 funds available from the fiscal year 1995 appropriation for

9 Pell Grant awards, are insufficient to satisfy fully all such

10 awards for which students are eligible, as calculated under

11 section 401(b) of the Act, the amount paid for each such

12 award shall be reduced by either a fixed or variable percent13 age, or by a fixed dollar amount, as determined in accord14 ance with a schedule of reductions established by the Sec15 retary for this purpose.

16 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

17 For Federal administrative expenses to carry out

18 guaranteed student loans authorized by title IV, part B, of

19 the Higher Education Act, as amended, $30,066,000.

20 HIGHER EDUCATION

21 For carrying out, to the extent not otherwise provided,

22 parts A and B of title III, without regard to section

23 360(a)(1)(B)(ii), chapters I and II of subpart 2 and sub24 part 6 of part A of title IV, subpart 2 of part E of title

25 V, parts A, B and C of title VI, title VII, parts C, D, and
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1 G of title IX, part A and subpart 1 of part B of title X,

2 and part A of title XI of the Higher Education Act of 1965,

3 as amended, Public Law 102–423, and the Mutual Edu4 cational and Cultural Exchange Act of 1961; $836,964,000,

5 of which $16,712,000 for interest subsidies under title VII

6 of the Higher Education Act, as amended, shall remain

7 available until expended: Provided, That notwithstanding

8 sections 419D, 419E, and 419H of the Higher Education

9 Act, as amended, scholarships made under title IV, part A,

10 subpart 6 shall be prorated to maintain the same number

11 of new scholarships in fiscal year 1996 as in fiscal year

12 1995.

13 HOWARD UNIVERSITY

14 For partial support of Howard University (20 U.S.C.

15 121 et seq.), $174,671,000: Provided, That from the amount

16 available, the University may at its discretion use funds

17 for the endowment program as authorized under the How18 ard University Endowment Act (Public Law 98–480).

19 HIGHER EDUCATION FACILITIES LOANS

20 The Secretary is hereby authorized to make such ex21 penditures, within the limits of funds available under this

22 heading and in accord with law, and to make such contracts

23 and commitments without regard to fiscal year limitation,

24 as provided by section 104 of the Government Corporation
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1 Control Act (31 U.S.C. 9104), as may be necessary in car2 rying out the program for the current fiscal year.

3 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

4 PROGRAM

5 For administrative expenses to carry out the existing

6 direct loan program of college housing and academic facili7 ties loans entered into pursuant to title VII, part C, of the

8 Higher Education Act, as amended, $700,000.

9 COLLEGE HOUSING LOANS

10 Pursuant to title VII, part C of the Higher Education

11 Act, as amended, for necessary expenses of the college hous12 ing loans program, previously carried out under title IV

13 of the Housing Act of 1950, the Secretary shall make ex14 penditures and enter into contracts without regard to fiscal

15 year limitation using loan repayments and other resources

16 available to this account. Any unobligated balances becom17 ing available from fixed fees paid into this account pursu18 ant to 12 U.S.C. 1749d, relating to payment of costs for

19 inspections and site visits, shall be available for the operat20 ing expenses of this account.

21 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

22 FINANCING, PROGRAM ACCOUNT

23 The total amount of bonds insured pursuant to section

24 724 of title VII, part B of the Higher Education Act shall

25 not exceed $357,000,000, and the cost, as defined in section
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1 502 of the Congressional Budget Act of 1974, of such bonds

2 shall not exceed zero.

3 For administrative expenses to carry out the Histori4 cally Black College and University Capital Financing Pro5 gram entered into pursuant to title VII, part B of the High6 er Education Act, as amended, $166,000.

7 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

8 For carrying out activities authorized by the Edu9 cational Research, Development, Dissemination, and Im10 provement Act; the National Education Statistics Act; sec11 tions 2102, 3134, and 3136, parts B, C, and D of title III,

12 parts A, B, I, and K, and section 10601 of title X, part

13 C of title XIII of the Elementary and Secondary Education

14 Act of 1965, as amended, and title VI of the Goals 2000:

15 Educate America Act, $328,268,000: Provided, That

16 $4,000,000 shall be for section 10601 of the Elementary and

17 Secondary Education Act: Provided further, That

18 $25,000,000 shall be for sections 3136 and 3141 of the Ele19 mentary and Secondary Education Act: Provided further,

20 That $51,000,000 shall be for regional laboratories,

21 $5,000,000 shall be for International Education Exchange,

22 and $3,000,000 shall be for the elementary mathematics and

23 science equipment projects under the fund for the improve24 ment of education: Provided further That funds shall be
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1 used to extend star schools partnership projects that received

2 continuation grants in fiscal year 1995.

3 LIBRARIES

4 For carrying out, to the extent not otherwise provided,

5 titles I, II, and III of the Library Services and Construction

6 Act, and title II–B of the Higher Education Act,

7 $131,505,000, of which $16,369,000 shall be used to carry

8 out the provisions of title II of the Library Services and

9 Construction Act and shall remain available until ex10 pended; and $2,500,000 shall be for section 222 and

11 $2,000,000 shall be for section 223 of the Higher Education

12 Act: Provided, That $1,000,000 shall be awarded to a non13 profit foundation using multi-media technology to docu14 ment and archive not less than 40,000 holocaust survivors’

15 testimony: Provided further, That $1,000,000 shall be for

16 the continued funding of an existing demonstration project

17 making information available for public use by connecting

18 Internet to a multistate consortium.

19 DEPARTMENTAL MANAGEMENT

20 PROGRAM ADMINISTRATION

21 For carrying out, to the extent not otherwise provided,

22 the Department of Education Organization Act, including

23 rental of conference rooms in the District of Columbia and

24 hire of two passenger motor vehicles, $327,319,000.
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil Rights,

3 as authorized by section 203 of the Department of Edu4 cation Organization Act, $55,451,000.

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses necessary for the Office of the Inspector

7 General, as authorized by section 212 of the Department

8 of Education Organization Act, $28,654,000.

9 HEADQUARTERS RENOVATION

10 For necessary expenses for the renovation of the De11 partment of Education headquarters building, $7,000,000,

12 to remain available until September 30, 1998.

13 GENERAL PROVISIONS

14 SEC. 301. No funds appropriated in this Act may be

15 used for the transportation of students or teachers (or for

16 the purchase of equipment for such transportation) in order

17 to overcome racial imbalance in any school or school system,

18 or for the transportation of students or teachers (or for the

19 purchase of equipment for such transportation) in order to

20 carry out a plan of racial desegregation of any school or

21 school system.

22 SEC. 302. None of the funds contained in this Act shall

23 be used to require, directly or indirectly, the transportation

24 of any student to a school other than the school which is

25 nearest the student’s home, except for a student requiring

26 special education, to the school offering such special edu-
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1 cation, in order to comply with title VI of the Civil Rights

2 Act of 1964. For the purpose of this section an indirect re3 quirement of transportation of students includes the trans4 portation of students to carry out a plan involving the reor5 ganization of the grade structure of schools, the pairing of

6 schools, or the clustering of schools, or any combination of

7 grade restructuring, pairing or clustering. The prohibition

8 described in this section does not include the establishment

9 of magnet schools.

10 SEC. 303. No funds appropriated under this Act may

11 be used to prevent the implementation of programs of vol12 untary prayer and meditation in the public schools.

13 SEC. 304. Notwithstanding any other provision of law,

14 funds available under section 458 of the Higher Education

15 Act shall not exceed $460,000,000 for fiscal year 1996. The

16 Department of Education shall pay (i) administrative cost

17 allowances owed to guaranty agencies for fiscal year 1995

18 estimated at $95,000,000. The Department of Education

19 shall pay administrative cost allowances to guaranty agen20 cies, payable quarterly, calculated on the basis of 0.85 per21 cent of the total principal amount of loans upon which in22 surance was issued on or after October 1, 1995 by such

23 guaranty agency. Receipt of such funds and uses of such

24 funds shall be in accordance with section 428(f).
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1 Notwithstanding section 458 of the Higher Education

2 Act, the Secretary may not use funds available under that

3 section or any other section for subsequent fiscal years for

4 administrative expenses of the William D. Ford Direct

5 Loan Program during fiscal year 1996, nor may the Sec6 retary require the return of guaranty agency reserve funds

7 during fiscal year 1996, except after consultation with ap8 propriate committees of Congress.

9 No funds available to the Secretary may be used for

10 payment of administrative fees relating to the William D.

11 Ford Direct Loan Program to institutions of higher edu12 cation.

13 SEC. 305. (a)(1) From any unobligated funds that are

14 available to the Secretary of Education to carry out section

15 5 or 14 of the Act of September 23, 1950 (Public Law 815,

16 81st Congress) (as such Act was in effect on September 30,

17 1994) not less than $11,500,000 shall be available to the

18 Secretary of Education to carry out subsection (b).

19 (2) Any unobligated funds described in paragraph (1)

20 that remain unobligated after the Secretary of Education

21 carries out such paragraph shall be available to the Sec22 retary of Education to carry out section 8007 of the Ele23 mentary and Secondary Education Act of 1965 (20 U.S.C.

24 7707).
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1 (b)(1) The Secretary of Education shall award the

2 funds described in subsection (a)(1) to local educational

3 agencies, under such terms and conditions as the Secretary

4 of Education determines appropriate, for the construction

5 of public elementary or secondary schools on Indian res6 ervations or in school districts that—

7 (A) the Secretary of Education determines are in

8 dire need of construction funding;

9 (B) contain a public elementary or secondary

10 school that serves a student population which is 90

11 percent Indian students; and

12 (C) serve students who are taught in inadequate

13 or unsafe structures, or in a public elementary or sec14 ondary school that has been condemned.

15 (2) A local educational agency that receives construc16 tion funding under this subsection for fiscal year 1996 shall

17 not be eligible to receive any funds under section 8007 of

18 the Elementary and Secondary Education Act of 1965 (20

19 U.S.C. 7707) for school construction for fiscal years 1996

20 and 1997.

21 (3) As used in this subsection, the term ‘‘construction’’

22 has the meaning given that term in section 8013(3) of the

23 Elementary and Secondary Education Act of 1965 (20

24 U.S.C. 7713(3)).
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1 (4) No request for construction funding under this sub2 section shall be approved unless the request is received by

3 the Secretary of Education not later than 30 days after the

4 date of enactment of this Act.

5 SEC. 306. (a) Section 428(n) of the Higher Education

6 Act of 1965 (20 U.S.C. 1078(n)) is amended by adding at

7 the end the following new paragraph:

8 ‘‘(5) APPLICABILITY TO PART D LOANS.—The

9 provisions of this subsection shall apply to institu10 tions of higher education participating in direct lend11 ing under part D with respect to loans made under

12 such part, and for the purposes of this paragraph,

13 paragraph (4) shall be applied by inserting ‘or part

14 D’ after ‘this part’.’’.

15 (b) The amendment made by subsection (a) shall take

16 effect on July 1, 1996.

17 This title may be cited as the ‘‘Department of Edu18 cation Appropriations Act, 1996’’.

19 TITLE IV—RELATED AGENCIES

20 ARMED FORCES RETIREMENT HOME

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the United States Sol23 diers’ and Airmen’s Home and the United States Naval

24 Home, to be paid from funds available in the Armed Forces

25 Retirement Home Trust Fund, $55,971,000, of which
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1 $1,954,000 shall remain available until expended for con2 struction and renovation of the physical plants at the Unit3 ed States Soldiers’ and Airmen’s Home and the United

4 States Naval Home: Provided, That this appropriation

5 shall not be available for the payment of hospitalization of

6 members of the Soldiers’ and Airmen’s Home in United

7 States Army hospitals at rates in excess of those prescribed

8 by the Secretary of the Army upon recommendation of the

9 Board of Commissioners and the Surgeon General of the

10 Army.

11 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

12 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

13 EXPENSES

14 For expenses necessary for the Corporation for Na15 tional and Community Service to carry out the provisions

16 of the Domestic Volunteer Service Act of 1973, as amended,

17 $201,294,000, of which $5,024,000 shall be available to

18 carry out section 109 of the Domestic Volunteer Service Act

19 of 1973.

20 CORPORATION FOR PUBLIC BROADCASTING

21 For payment to the Corporation for Public Broadcast22 ing, as authorized by the Communications Act of 1934, an

23 amount which shall be available within limitations speci24 fied by that Act, for the fiscal year 1998, $250,000,000: Pro25 vided, That no funds made available to the Corporation for
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1 Public Broadcasting by this Act shall be used to pay for

2 receptions, parties, or similar forms of entertainment for

3 Government officials or employees: Provided further, That

4 none of the funds contained in this paragraph shall be

5 available or used to aid or support any program or activity

6 from which any person is excluded, or is denied benefits,

7 or is discriminated against, on the basis of race, color, na8 tional origin, religion, or sex.

9 FEDERAL MEDIATION AND CONCILIATION SERVICE

10 SALARIES AND EXPENSES

11 For expenses necessary for the Federal Mediation and

12 Conciliation Service to carry out the functions vested in

13 it by the Labor Management Relations Act, 1947 (29 U.S.C.

14 171–180, 182–183), including hire of passenger motor vehi15 cles; and for expenses necessary for the Labor-Management

16 Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses

17 necessary for the Service to carry out the functions vested

18 in it by the Civil Service Reform Act, Public Law 95–454

19 (5 U.S.C. chapter 71), $32,396,000 including $1,500,000,

20 to remain available through September 30, 1997, for activi21 ties authorized by the Labor Management Cooperation Act

22 of 1978 (29 U.S.C. 175a): Provided, That notwithstanding

23 31 U.S.C. 3302, fees charged for special training activities

24 up to full-cost recovery shall be credited to and merged with

25 this account, and shall remain available until expended:
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1 Provided further, That the Director of the Service is author2 ized to accept on behalf of the United States gifts of services

3 and real, personal, or other property in the aid of any

4 projects or functions within the Director’s jurisdiction.

5 FEDERAL MINE SAFETY AND HEALTH REVIEW

6 COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary for the Federal Mine Safety

9 and Health Review Commission (30 U.S.C. 801 et seq.),

10 $6,200,000.

11 NATIONAL COMMISSION ON LIBRARIES AND INFORMATION

12 SCIENCE

13 SALARIES AND EXPENSES

14 For necessary expenses for the National Commission

15 on Libraries and Information Science, established by the

16 Act of July 20, 1970 (Public Law 91–345, as amended by

17 Public Law 102–95), $829,000.

18 NATIONAL COUNCIL ON DISABILITY

19 SALARIES AND EXPENSES

20 For expenses necessary for the National Council on

21 Disability as authorized by title IV of the Rehabilitation

22 Act of 1973, as amended, $1,793,000.
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1 NATIONAL EDUCATION GOALS PANEL

2 For expenses necessary for the National Education

3 Goals Panel, as authorized by title II, part A of the Goals

4 2000: Educate America Act, $1,000,000.

5 NATIONAL LABOR RELATIONS BOARD

6 SALARIES AND EXPENSES

7 For expenses necessary for the National Labor Rela8 tions Board to carry out the functions vested in it by the

9 Labor-Management Relations Act, 1947, as amended (29

10 U.S.C. 141–167), and other laws, $167,245,000: Provided,

11 That no part of this appropriation shall be available to or12 ganize or assist in organizing agricultural laborers or used

13 in connection with investigations, hearings, directives, or

14 orders concerning bargaining units composed of agricul15 tural laborers as referred to in section 2(3) of the Act of

16 July 5, 1935 (29 U.S.C. 152), and as amended by the

17 Labor-Management Relations Act, 1947, as amended, and

18 as defined in section 3(f) of the Act of June 25, 1938 (29

19 U.S.C. 203), and including in said definition employees en20 gaged in the maintenance and operation of ditches, canals,

21 reservoirs, and waterways when maintained or operated on

22 a mutual, nonprofit basis and at least 95 per centum of

23 the water stored or supplied thereby is used for farming

24 purposes.
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions of

4 the Railway Labor Act, as amended (45 U.S.C. 151–188),

5 including emergency boards appointed by the President,

6 $7,837,000.

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Occupational Safety

11 and Health Review Commission (29 U.S.C. 661),

12 $8,100,000.

13 PHYSICIAN PAYMENT REVIEW COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1845(a) of

16 the Social Security Act, $2,923,000, to be transferred to this

17 appropriation from the Federal Supplementary Medical In18 surance Trust Fund.

19 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out section 1886(e) of

22 the Social Security Act, $3,267,000, to be transferred to this

23 appropriation from the Federal Hospital Insurance and the

24 Federal Supplementary Medical Insurance Trust Funds.
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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors In4 surance and the Federal Disability Insurance trust funds,

5 as provided under sections 201(m), 228(g), and 1131(b)(2)

6 of the Social Security Act, $22,641,000.

7 In addition, to reimburse these trust funds for admin8 istrative expenses to carry out sections 9704 and 9706 of

9 the Internal Revenue Code of 1986, $10,000,000, to remain

10 available until expended.

11 SPECIAL BENEFITS FOR DISABLED COAL MINERS

12 For carrying out title IV of the Federal Mine Safety

13 and Health Act of 1977, $485,396,000, to remain available

14 until expended.

15 For making, after July 31 of the current fiscal year,

16 benefit payments to individuals under title IV of the Fed17 eral Mine Safety and Health Act of 1977, for costs incurred

18 in the current fiscal year, such amounts as may be nec19 essary.

20 For making benefit payments under title IV of the Fed21 eral Mine Safety and Health Act of 1977 for the first quar22 ter of fiscal year 1997, $170,000,000, to remain available

23 until expended.
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1 SUPPLEMENTAL SECURITY INCOME PROGRAM

2 For carrying out titles XI and XVI of the Social Secu3 rity Act, section 401 of Public Law 92–603, section 212

4 of Public Law 93–66, as amended, and section 405 of Public

5 Law 95–216, including payment to the Social Security

6 trust funds for administrative expenses incurred pursuant

7 to section 201(g)(1) of the Social Security Act,

8 $18,595,012,000, to remain available until expended, of

9 which $1,500,000 shall be for a demonstration program to

10 foster economic independence among people with disabil11 ities through disability sport, in connection with the Tenth

12 Paralympic Games: Provided, That any portion of the

13 funds provided to a State in the current fiscal year and

14 not obligated by the State during that year shall be returned

15 to the Treasury.

16 For making, after June 15 of the current fiscal year,

17 benefit payments to individuals under title XVI of the So18 cial Security Act, for unanticipated costs incurred for the

19 current fiscal year, such sums as may be necessary.

20 For carrying out title XVI of the Social Security Act

21 for the first quarter of fiscal year 1997, $9,260,000,000, to

22 remain available until expended.

23 LIMITATION ON ADMINISTRATIVE EXPENSES

24 For necessary expenses, including the hire of two me25 dium size passenger motor vehicles, and not to exceed
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1 $10,000 for official reception and representation expenses,

2 not more than $5,271,183,000 may be expended, as author3 ized by section 201(g)(1) of the Social Security Act or as

4 necessary to carry out sections 9704 and 9706 of the Inter5 nal Revenue Code of 1986 from any one or all of the trust

6 funds referred to therein: Provided, That reimbursement to

7 the trust funds under this heading for administrative ex8 penses to carry out sections 9704 and 9706 of the Internal

9 Revenue Code of 1986 shall be made, with interest, not later

10 than September 30, 1997: Provided further, That unobli11 gated balances at the end of fiscal year 1996 shall remain

12 available until expended for a state-of-the-art computing

13 network, including related equipment and administrative

14 expenses associated solely with this network.

15 In addition to funding already available under this

16 heading, and subject to the same terms and conditions,

17 $407,000,000, for disability caseload processing.

18 In addition to funding already available under this

19 heading, and subject to the same terms and conditions,

20 $167,000,000, which shall remain available until expended,

21 to invest in a state-of-the-art computing network, including

22 related equipment and administrative expenses associated

23 solely with this network, for the Social Security Adminis24 tration and the State Disability Determination Services,
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1 may be expended from any or all of the trust funds as au2 thorized by section 201(g)(1) of the Social Security Act.

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General

6 Act of 1978, as amended, $4,816,000, together with not to

7 exceed $21,076,000, to be transferred and expended as au8 thorized by section 201(g)(1) of the Social Security Act from

9 the Federal Old-Age and Survivors Insurance Trust Fund

10 and the Federal Disability Insurance Trust Fund.

11 RAILROAD RETIREMENT BOARD

12 DUAL BENEFITS PAYMENTS ACCOUNT

13 For payment to the Dual Benefits Payments Account,

14 authorized under section 15(d) of the Railroad Retirement

15 Act of 1974, $239,000,000, which shall include amounts be16 coming available in fiscal year 1996 pursuant to section

17 224(c)(1)(B) of Public Law 98–76; and in addition, an

18 amount, not to exceed 2 percent of the amount provided

19 herein, shall be available proportional to the amount by

20 which the product of recipients and the average benefit re21 ceived exceeds $239,000,000: Provided, That the total

22 amount provided herein shall be credited in 12 approxi23 mately equal amounts on the first day of each month in

24 the fiscal year.
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the Treas4 ury for the payment of benefits under the Railroad Retire5 ment Act for interest earned on unnegotiated checks,

6 $300,000, to remain available through September 30, 1997,

7 which shall be the maximum amount available for payment

8 pursuant to section 417 of Public Law 98–76.

9 LIMITATION ON ADMINISTRATION

10 For necessary expenses for the Railroad Retirement

11 Board in administering the Railroad Retirement Act and

12 the Railroad Unemployment Insurance Act, $89,094,000, to

13 be derived as authorized by section 15(h) of the Railroad

14 Retirement Act and section 10(a) of the Railroad Unem15 ployment Insurance Act, from the accounts referred to in

16 those sections.

17 SPECIAL MANAGEMENT IMPROVEMENT FUND

18 To effect management improvements, including the re19 duction of backlogs, accuracy of taxation accounting, and

20 debt collection, $659,000, to be derived from the railroad

21 retirement accounts and railroad unemployment insurance

22 account: Provided, That these funds shall supplement, not

23 supplant, existing resources devoted to such operations and

24 improvements.
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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector Gen3 eral for audit, investigatory and review activities, as au4 thorized by the Inspector General Act of 1978, as amended,

5 not more than $5,673,000, to be derived from the railroad

6 retirement accounts and railroad unemployment insurance

7 account.

8 UNITED STATES INSTITUTE OF PEACE

9 OPERATING EXPENSES

10 For necessary expenses of the United States Institute

11 of Peace as authorized in the United States Institute of

12 Peace Act, $11,500,000.

13 TITLE V—GENERAL PROVISIONS

14 SEC. 501. The Secretaries of Labor, Health and

15 Human Services, and Education are authorized to transfer

16 unexpended balances of prior appropriations to accounts

17 corresponding to current appropriations provided in this

18 Act: Provided, That such transferred balances are used for

19 the same purpose, and for the same periods of time, for

20 which they were originally appropriated.

21 SEC. 502. No part of any appropriation contained in

22 this Act shall remain available for obligation beyond the

23 current fiscal year unless expressly so provided herein.

24 SEC. 503. (a) No part of any appropriation contained

25 in this Act shall be used, other than for normal and recog-
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1 nized executive-legislative relationships, for publicity or

2 propaganda purposes, for the preparation, distribution, or

3 use of any kit, pamphlet, booklet, publication, radio, tele4 vision, or film presentation designed to support or defeat

5 legislation pending before the Congress, except in presen6 tation to the Congress itself.

7 (b) No part of any appropriation contained in this

8 Act shall be used to pay the salary or expenses of any grant

9 or contract recipient, or agent acting for such recipient, re10 lated to any activity designed to influence legislation or ap11 propriations pending before the Congress.

12 SEC. 504. The Secretaries of Labor and Education are

13 each authorized to make available not to exceed $15,000

14 from funds available for salaries and expenses under titles

15 I and III, respectively, for official reception and representa16 tion expenses; the Director of the Federal Mediation and

17 Conciliation Service is authorized to make available for of18 ficial reception and representation expenses not to exceed

19 $2,500 from the funds available for ‘‘Salaries and expenses,

20 Federal Mediation and Conciliation Service’’; and the

21 Chairman of the National Mediation Board is authorized

22 to make available for official reception and representation

23 expenses not to exceed $2,500 from funds available for ‘‘Sal24 aries and expenses, National Mediation Board’’.
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1 SEC. 505. Notwithstanding any other provision of this

2 Act, no funds appropriated under this Act shall be used to

3 carry out any program of distributing sterile needles for

4 the hypodermic injection of any illegal drug unless the Sec5 retary of Health and Human Services determines that such

6 programs are effective in preventing the spread of HIV and

7 do not encourage the use of illegal drugs.

8 SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIP9 MENT AND PRODUCTS.—It is the sense of the Congress that,

10 to the greatest extent practicable, all equipment and prod11 ucts purchased with funds made available in this Act should

12 be American-made.

13 (b) NOTICE REQUIREMENT.—In providing financial

14 assistance to, or entering into any contract with, any entity

15 using funds made available in this Act, the head of each

16 Federal agency, to the greatest extent practicable, shall pro17 vide to such entity a notice describing the statement made

18 in subsection (a) by the Congress.

19 SEC. 507. When issuing statements, press releases, re20 quests for proposals, bid solicitations and other documents

21 describing projects or programs funded in whole or in part

22 with Federal money, all grantees receiving Federal funds,

23 including but not limited to State and local governments

24 and recipients of Federal research grants, shall clearly state

25 (1) the percentage of the total costs of the program or project
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1 which will be financed with Federal money, (2) the dollar

2 amount of Federal funds for the project or program, and

3 (3) percentage and dollar amount of the total costs of the

4 project or program that will be financed by nongovern5 mental sources.

6 SEC. 508. None of the funds appropriated under this

7 Act shall be expended for any abortion except when it is

8 made known to the Federal entity or official to which funds

9 are appropriated under this Act that such procedure is nec10 essary to save the life of the mother or that the pregnancy

11 is the result of an act of rape or incest.

12 SEC. 509. Notwithstanding any other provision of

13 law—

14 (1) no amount may be transferred from an ap15 propriation account for the Departments of Labor,

16 Health and Human Services, and Education except

17 as authorized in this or any subsequent appropriation

18 act, or in the Act establishing the program or activity

19 for which funds are contained in this Act;

20 (2) no department, agency, or other entity, other

21 than the one responsible for administering the pro22 gram or activity for which an appropriation is made

23 in this Act, may exercise authority for the timing of

24 the obligation and expenditure of such appropriation,

25 or for the purposes for which it is obligated and ex-
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1 pended, except to the extent and in the manner other2 wise provided in sections 1512 and 1513 of title 31,

3 United States Code; and

4 (3) no funds provided under this Act shall be

5 available for the salary (or any part thereof) of an

6 employee who is reassigned on a temporary detail

7 basis to another position in the employing agency or

8 department or in any other agency or department,

9 unless the detail is independently approved by the

10 head of the employing department or agency.

11 SEC. 510. LIMITATION ON USE OF FUNDS.—None of

12 the funds made available in this Act may be used for the

13 expenses of an electronic benefit transfer (EBT) task force.

14 SEC. 511. None of the funds made available in this

15 Act may be used to enforce the requirements of section

16 428(b)(1)(U)(iii) of the Higher Education Act of 1965 with

17 respect to any lender when it is made known to the Federal

18 official having authority to obligate or expend such funds

19 that the lender has a loan portfolio under part B of title

20 IV of such Act that is equal to or less than $5,000,000.

21 SEC. 512. None of the funds made available in this

22 Act may be used for Pell Grants under subpart 1 of part

23 A of title IV of the Higher Education Act of 1965 to stu24 dents attending an institution of higher education that is

25 ineligible to participate in a loan program under such title
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1 as a result of a default determination under section

2 435(a)(2) of such Act, unless such institution has a partici3 pation rate index (as defined at 34 CFR 668.17) that is

4 less than or equal to 0.0375.

5 SEC. 513. No more than 1 percent of salaries appro6 priated for each Agency in this Act may be expended by

7 that Agency on cash performance awards: Provided, That

8 of the budgetary resources available to Agencies in this Act

9 for salaries and expenses during fiscal year 1996,

10 $30,500,000, to be allocated by the Office of Management

11 and Budget, are permanently canceled: Provided further,

12 That the foregoing proviso shall not apply to the Food and

13 Drug Administration and the Indian Health Service.

14 SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—

15 Section 428H(d)(2) of the Higher Education Act of 1965

16 (20 U.S.C. 1078–8(d)(2)) is amended by striking out the

17 period at the end thereof and inserting in lieu thereof a

18 semicolon and the following:

19 ‘‘except in cases where the Secretary determines, that a

20 higher amount is warranted in order to carry out the pur21 pose of this part with respect to students engaged in special22 ized training requiring exceptionally high costs of edu23 cation, but the annual insurable limit per student shall not

24 be deemed to be exceeded by a line of credit under which
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1 actual payments by the lender to the borrower will not be

2 made in any years in excess of the annual limit.’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall be effective for loans made to cover the cost

5 of instruction for periods of enrollment beginning on or

6 after July 1, 1996.

7 This Act may be cited as the ‘‘Departments of Labor,

8 Health and Human Services, and Education, and Related

9 Agencies Appropriations Act, 1996’’.

10 (e) Such amounts as may be necessary for programs,

11 projects or activities provided for in the Departments of Vet12 erans Affairs and Housing and Urban Development, and

13 Independent Agencies Appropriations Act, 1996 at a rate

14 of operations and to the extent and in the manner provided

15 as follows, to be effective as if it had been enacted into law

16 as the regular appropriations Act:

17 AN ACT

18 Making appropriations for the Departments of Veter19 ans Affairs and Housing and Urban Development, and for

20 sundry independent agencies, boards, commissions, corpora21 tions, and offices for the fiscal year ending September 30,

22 1996, and for other purposes.
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1 TITLE I

2 DEPARTMENT OF VETERANS AFFAIRS

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on be7 half of veterans as authorized by law (38 U.S.C. 107, chap8 ters 11, 13, 51, 53, 55, and 61); pension benefits to or on

9 behalf of veterans as authorized by law (38 U.S.C. chapters

10 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits,

11 emergency and other officers’ retirement pay, adjusted-serv12 ice credits and certificates, payment of premiums due on

13 commercial life insurance policies guaranteed under the

14 provisions of Article IV of the Soldiers’ and Sailors’ Civil

15 Relief Act of 1940, as amended, and for other benefits as

16 authorized by law (38 U.S.C. 107, 1312, 1977, and 2106,

17 chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548;

18 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);

19 $18,331,561,000, to remain available until expended: Pro20 vided, That not to exceed $25,180,000 of the amount appro21 priated shall be reimbursed to ‘‘General operating expenses’’

22 and ‘‘Medical care’’ for necessary expenses in implementing

23 those provisions authorized in the Omnibus Budget Rec24 onciliation Act of 1990, and in the Veterans’ Benefits Act

25 of 1992 (38 U.S.C. chapters 51, 53, and 55), the funding

26 source for which is specifically provided as the ‘‘Compensa-
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1 tion and pensions’’ appropriation: Provided further, That

2 such sums as may be earned on an actual qualifying pa3 tient basis, shall be reimbursed to ‘‘Medical facilities revolv4 ing fund’’ to augment the funding of individual medical

5 facilities for nursing home care provided to pensioners as

6 authorized by the Veterans’ Benefits Act of 1992 (38 U.S.C.

7 chapter 55): Provided further, That $12,000,000 previously

8 transferred from ‘‘Compensation and pensions’’ to ‘‘Medical

9 facilities revolving fund’’ shall be transferred to this head10 ing.

11 READJUSTMENT BENEFITS

12 For the payment of readjustment and rehabilitation

13 benefits to or on behalf of veterans as authorized by law

14 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,

15 and 61), $1,345,300,000, to remain available until ex16 pended: Provided, That funds shall be available to pay any

17 court order, court award or any compromise settlement

18 arising from litigation involving the vocational training

19 program authorized by section 18 of Public Law 98–77, as

20 amended.

21 VETERANS INSURANCE AND INDEMNITIES

22 For military and naval insurance, national service life

23 insurance, servicemen’s indemnities, service-disabled veter24 ans insurance, and veterans mortgage life insurance as au25 thorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72
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1 Stat. 487), $24,890,000, to remain available until ex2 pended.

3 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

5 For the cost of direct and guaranteed loans, such sums

6 as may be necessary to carry out the purpose of the pro7 gram, as authorized by 38 U.S.C. chapter 37, as amended:

8 Provided, That such costs, including the cost of modifying

9 such loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974, as amended.

11 In addition, for administrative expenses to carry out

12 the direct and guaranteed loan programs, $65,226,000,

13 which may be transferred to and merged with the appro14 priation for ‘‘General operating expenses’’.

15 LOAN GUARANTY PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 For the cost of direct and guaranteed loans, such sums

18 as may be necessary to carry out the purpose of the pro19 gram, as authorized by 38 U.S.C. chapter 37, as amended:

20 Provided, That such costs, including the cost of modifying

21 such loans, shall be as defined in section 502 of the Congres22 sional Budget Act of 1974, as amended.

23 In addition, for administrative expenses to carry out

24 the direct and guaranteed loan programs, $52,138,000,

25 which may be transferred to and merged with the appro26 priation for ‘‘General operating expenses’’.
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1 DIRECT LOAN PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, such sums as may be nec4 essary to carry out the purpose of the program, as author5 ized by 38 U.S.C. chapter 37, as amended: Provided, That

6 such costs, including the cost of modifying such loans, shall

7 be as defined in section 502 of the Congressional Budget

8 Act of 1974, as amended: Provided further, That during

9 1996, within the resources available, not to exceed $300,000

10 in gross obligations for direct loans are authorized for spe11 cially adapted housing loans (38 U.S.C. chapter 37).

12 In addition, for administrative expenses to carry out

13 the direct loan program, $459,000, which may be trans14 ferred to and merged with the appropriation for ‘‘General

15 operating expenses’’.

16 EDUCATION LOAN FUND PROGRAM ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the cost of direct loans, $1,000, as authorized by

19 38 U.S.C. 3698, as amended: Provided, That such costs, in20 cluding the cost of modifying such loans, shall be as defined

21 in section 502 of the Congressional Budget Act of 1974, as

22 amended: Provided further, That these funds are available

23 to subsidize gross obligations for the principal amount of

24 direct loans not to exceed $4,000.

25 In addition, for administrative expenses necessary to

26 carry out the direct loan program, $195,000, which may
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1 be transferred to and merged with the appropriation for

2 ‘‘General operating expenses’’.

3 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

5 For the cost of direct loans, $54,000, as authorized by

6 38 U.S.C. chapter 31, as amended: Provided, That such

7 costs, including the cost of modifying such loans, shall be

8 as defined in section 502 of the Congressional Budget Act

9 of 1974, as amended: Provided further, That these funds are

10 available to subsidize gross obligations for the principal

11 amount of direct loans not to exceed $1,964,000.

12 In addition, for administrative expenses necessary to

13 carry out the direct loan program, $377,000, which may

14 be transferred to and merged with the appropriation for

15 ‘‘General operating expenses’’.

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For administrative expenses to carry out the direct

20 loan program authorized by 38 U.S.C. chapter 37, sub21 chapter V, as amended, $205,000, which may be transferred

22 to and merged with the appropriation for ‘‘General operat23 ing expenses’’.
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1 VETERANS HEALTH ADMINISTRATION

2 MEDICAL CARE

3 For necessary expenses for the maintenance and oper4 ation of hospitals, nursing homes, and domiciliary facili5 ties; for furnishing, as authorized by law, inpatient and

6 outpatient care and treatment to beneficiaries of the De7 partment of Veterans Affairs, including care and treatment

8 in facilities not under the jurisdiction of the Department

9 of Veterans Affairs, and furnishing recreational facilities,

10 supplies, and equipment; funeral, burial, and other expenses

11 incidental thereto for beneficiaries receiving care in Depart12 ment of Veterans Affairs facilities; administrative expenses

13 in support of planning, design, project management, real

14 property acquisition and disposition, construction and ren15 ovation of any facility under the jurisdiction or for the use

16 of the Department of Veterans Affairs; oversight, engineer17 ing and architectural activities not charged to project cost;

18 repairing, altering, improving or providing facilities in the

19 several hospitals and homes under the jurisdiction of the

20 Department of Veterans Affairs, not otherwise provided for,

21 either by contract or by the hire of temporary employees

22 and purchase of materials; uniforms or allowances therefor,

23 as authorized by law (5 U.S.C. 5901–5902); aid to State

24 homes as authorized by law (38 U.S.C. 1741); and not to

25 exceed $8,000,000 to fund cost comparison studies as re-
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1 ferred to in 38 U.S.C. 8110(a)(5); $16,564,000,000, plus re2 imbursements: Provided, That of the funds made available

3 under this heading, $789,000,000 is for the equipment and

4 land and structures object classifications only, which

5 amount shall not become available for obligation until Au6 gust 1, 1996, and shall remain available for obligation until

7 September 30, 1997.

8 MEDICAL AND PROSTHETIC RESEARCH

9 For necessary expenses in carrying out programs of

10 medical and prosthetic research and development as author11 ized by law (38 U.S.C. chapter 73), to remain available

12 until September 30, 1997, $257,000,000, plus reimburse13 ments.

14 MEDICAL ADMINISTRATION AND MISCELLANEOUS

15 OPERATING EXPENSES

16 For necessary expenses in the administration of the

17 medical, hospital, nursing home, domiciliary, construction,

18 supply, and research activities, as authorized by law; ad19 ministrative expenses in support of planning, design,

20 project management, architectural, engineering, real prop21 erty acquisition and disposition, construction and renova22 tion of any facility under the jurisdiction or for the use

23 of the Department of Veterans Affairs, including site acqui24 sition; engineering and architectural activities not charged

25 to project cost; and research and development in building

26 construction technology; $63,602,000, plus reimbursements.
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1 TRANSITIONAL HOUSING LOAN PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $7,000, as authorized by

4 Public Law 102–54, section 8, which shall be transferred

5 from the ‘‘General post fund’’: Provided, That such costs,

6 including the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of

8 1974, as amended: Provided further, That these funds are

9 available to subsidize gross obligations for the principal

10 amount of direct loans not to exceed $70,000. In addition,

11 for administrative expenses to carry out the direct loan pro12 gram, $54,000, which shall be transferred from the ‘‘General

13 post fund’’, as authorized by Public Law 102–54, section

14 8.

15 DEPARTMENTAL ADMINISTRATION

16 GENERAL OPERATING EXPENSES

17 For necessary operating expenses of the Department of

18 Veterans Affairs, not otherwise provided for, including uni19 forms or allowances therefor, as authorized by law; not to

20 exceed $25,000 for official reception and representation ex21 penses; hire of passenger motor vehicles; and reimbursement

22 of the General Services Administration for security guard

23 services, and the Department of Defense for the cost of over24 seas employee mail; $848,143,000: Provided, That of the

25 amount appropriated and any other funds made available

26 from any other source for activities funded under this head-
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1 ing, except reimbursements, not to exceed $214,109,000

2 shall be available for General Administration; including not

3 to exceed (1) $50,000 for travel in the Office of the Sec4 retary, (2) $75,000 for travel in the Office of the Assistant

5 Secretary for Policy and Planning, (3) $33,000 for travel

6 in the Office of the Assistant Secretary for Congressional

7 Affairs, and (4) $100,000 for travel in the Office of Assist8 ant Secretary for Public and Intergovernmental Affairs:

9 Provided further, That during fiscal year 1996, notwith10 standing any other provision of law, the number of individ11 uals employed by the Department of Veterans Affairs (1)

12 in other than ‘‘career appointee’’ positions in the Senior

13 Executive Service shall not exceed 6, and (2) in schedule

14 C positions shall not exceed 11: Provided further, That not

15 to exceed $6,000,000 of the amount appropriated shall be

16 available for administrative expenses to carry out the direct

17 and guaranteed loan programs under the Loan Guaranty

18 Program Account: Provided further, That funds under this

19 heading shall be available to administer the Service Mem20 bers Occupational Conversion and Training Act: Provided

21 further, That none of the funds under this heading may be

22 obligated or expended for the acquisition of automated data

23 processing equipment and services for Department of Veter24 ans Affairs regional offices to support Stage III of the auto-
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1 mated data equipment modernization program of the Veter2 ans Benefits Administration.

3 NATIONAL CEMETERY SYSTEM

4 For necessary expenses for the maintenance and oper5 ation of the National Cemetery System not otherwise pro6 vided for, including uniforms or allowances therefor, as au7 thorized by law; cemeterial expenses as authorized by law;

8 purchase of three passenger motor vehicles, for use in

9 cemeterial operations; and hire of passenger motor vehicles,

10 $72,604,000.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector Gen13 eral in carrying out the provisions of the Inspector General

14 Act of 1978, as amended, $30,900,000.

15 CONSTRUCTION, MAJOR PROJECTS

16 (INCLUDING TRANSFER OF FUNDS)

17 For constructing, altering, extending and improving

18 any of the facilities under the jurisdiction or for the use

19 of the Department of Veterans Affairs, or for any of the

20 purposes set forth in sections 316, 2404, 2406, 8102, 8103,

21 8106, 8108, 8109, 8110, and 8122 of title 38, United States

22 Code, including planning, architectural and engineering

23 services, maintenance or guarantee period services costs as24 sociated with equipment guarantees provided under the

25 project, services of claims analysts, offsite utility and storm

26 drainage system construction costs, and site acquisition,
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1 where the estimated cost of a project is $3,000,000 or more

2 or where funds for a project were made available in a pre3 vious major project appropriation, $136,155,000, to remain

4 available until expended: Provided, That except for advance

5 planning of projects funded through the advance planning

6 fund and the design of projects funded through the design

7 fund, none of these funds shall be used for any project which

8 has not been considered and approved by the Congress in

9 the budgetary process: Provided further, That funds pro10 vided in this appropriation for fiscal year 1996, for each

11 approved project shall be obligated (1) by the awarding of

12 a construction documents contract by September 30, 1996,

13 and (2) by the awarding of a construction contract by Sep14 tember 30, 1997: Provided further, That the Secretary shall

15 promptly report in writing to the Comptroller General and

16 to the Committees on Appropriations any approved major

17 construction project in which obligations are not incurred

18 within the time limitations established above; and the

19 Comptroller General shall review the report in accordance

20 with the procedures established by section 1015 of the Im21 poundment Control Act of 1974 (title X of Public Law 93–

22 344): Provided further, That no funds from any other ac23 count except the ‘‘Parking revolving fund’’, may be obli24 gated for constructing, altering, extending, or improving a

25 project which was approved in the budget process and fund-
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1 ed in this account until one year after substantial comple2 tion and beneficial occupancy by the Department of Veter3 ans Affairs of the project or any part thereof with respect

4 to that part only: Provided further, That of the funds made

5 available under this heading in Public Law 103–327,

6 $7,000,000 shall be transferred to the ‘‘Parking revolving

7 fund’’.

8 CONSTRUCTION, MINOR PROJECTS

9 For constructing, altering, extending, and improving

10 any of the facilities under the jurisdiction or for the use

11 of the Department of Veterans Affairs, including planning,

12 architectural and engineering services, maintenance or

13 guarantee period services costs associated with equipment

14 guarantees provided under the project, services of claims an15 alysts, offsite utility and storm drainage system construc16 tion costs, and site acquisition, or for any of the purposes

17 set forth in sections 316, 2404, 2406, 8102, 8103, 8106,

18 8108, 8109, 8110, and 8122 of title 38, United States Code,

19 where the estimated cost of a project is less than $3,000,000,

20 $190,000,000, to remain available until expended, along

21 with unobligated balances of previous ‘‘Construction, minor

22 projects’’ appropriations which are hereby made available

23 for any project where the estimated cost is less than

24 $3,000,000: Provided, That funds in this account shall be

25 available for (1) repairs to any of the nonmedical facilities

26 under the jurisdiction or for the use of the Department of
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1 Veterans Affairs which are necessary because of loss or dam2 age caused by any natural disaster or catastrophe, and (2)

3 temporary measures necessary to prevent or to minimize

4 further loss by such causes.

5 PARKING REVOLVING FUND

6 For the parking revolving fund as authorized by law

7 (38 U.S.C. 8109), income from fees collected, to remain

8 available until expended. Resources of this fund shall be

9 available for all expenses authorized by 38 U.S.C. 8109 ex10 cept operations and maintenance costs which will be funded

11 from ‘‘Medical care’’.

12 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

13 FACILITIES

14 For grants to assist the several States to acquire or

15 construct State nursing home and domiciliary facilities and

16 to remodel, modify or alter existing hospital, nursing home

17 and domiciliary facilities in State homes, for furnishing

18 care to veterans as authorized by law (38 U.S.C. 8131–

19 8137), $47,397,000, to remain available until expended.

20 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

21 CEMETERIES

22 For grants to aid States in establishing, expanding,

23 or improving State veteran cemeteries as authorized by law

24 (38 U.S.C. 2408), $1,000,000, to remain available until

25 September 30, 1998.
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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 101. Any appropriation for 1996 for ‘‘Compensa4 tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veter5 ans insurance and indemnities’’ may be transferred to any

6 other of the mentioned appropriations.

7 SEC. 102. Appropriations available to the Department

8 of Veterans Affairs for 1996 for salaries and expenses shall

9 be available for services as authorized by 5 U.S.C. 3109.

10 SEC. 103. No part of the appropriations in this Act

11 for the Department of Veterans Affairs (except the appro12 priations for ‘‘Construction, major projects’’, ‘‘Construc13 tion, minor projects’’, and the ‘‘Parking revolving fund’’)

14 shall be available for the purchase of any site for or toward

15 the construction of any new hospital or home.

16 SEC. 104. No part of the foregoing appropriations shall

17 be available for hospitalization or examination of any per18 sons except beneficiaries entitled under the laws bestowing

19 such benefits to veterans, unless reimbursement of cost is

20 made to the appropriation at such rates as may be fixed

21 by the Secretary of Veterans Affairs.

22 SEC. 105. Appropriations available to the Department

23 of Veterans Affairs for fiscal year 1996 for ‘‘Compensation

24 and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in25 surance and indemnities’’ shall be available for payment

26 of prior year accrued obligations required to be recorded
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1 by law against the corresponding prior year accounts with2 in the last quarter of fiscal year 1995.

3 SEC. 106. Appropriations accounts available to the De4 partment of Veterans Affairs for fiscal year 1996 shall be

5 available to pay prior year obligations of corresponding

6 prior year appropriations accounts resulting from title X

7 of the Competitive Equality Banking Act, Public Law 100–

8 86, except that if such obligations are from trust fund ac9 counts they shall be payable from ‘‘Compensation and pen10 sions’’.

11 SEC. 108. Notwithstanding any other provision of law,

12 the Secretary of Veterans Affairs is authorized to transfer,

13 without compensation or reimbursement, the jurisdiction

14 and control of a parcel of land consisting of approximately

15 6.3 acres, located on the south edge of the Department of

16 Veterans Affairs Medical and Regional Office Center, Wich17 ita, Kansas, including buildings Nos. 8 and 30 and other

18 improvements thereon, to the Secretary of Transportation

19 for the purpose of expanding and modernizing United

20 States Highway 54: Provided, That if necessary, the exact

21 acreage and legal description of the real property trans22 ferred shall be determined by a survey satisfactory to the

23 Secretary of Veterans Affairs and the Secretary of Trans24 portation shall bear the cost of such survey: Provided fur25 ther, That the Secretary of Transportation shall be respon-
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1 sible for all costs associated with the transferred land and

2 improvements thereon, and compliance with all existing

3 statutes and regulations: Provided further, That the Sec4 retary of Veterans Affairs and the Secretary of Transpor5 tation may require such additional terms and conditions

6 as each Secretary considers appropriate to effectuate this

7 transfer of land.

8 TITLE II

9 DEPARTMENT OF HOUSING AND URBAN

10 DEVELOPMENT

11 HOUSING PROGRAMS

12 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

13 For assistance under the United States Housing Act

14 of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C. 1437),

15 not otherwise provided for, $10,103,795,000, to remain

16 available until expended: Provided, That of the total

17 amount provided under this head, $160,000,000 shall be for

18 the development or acquisition cost of public housing for

19 Indian families, including amounts for housing under the

20 mutual help homeownership opportunity program under

21 section 202 of the Act (42 U.S.C. 1437bb): Provided further,

22 That of the total amount provided under this head,

23 $2,500,000,000 shall be for modernization of existing public

24 housing projects pursuant to section 14 of the Act (42

25 U.S.C. 1437l), including up to $20,000,000 for the inspec-
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1 tion of public housing units, contract expertise, and train2 ing and technical assistance, directly or indirectly, under

3 grants, contracts, or cooperative agreements, to assist in the

4 oversight and management of public and Indian housing

5 (whether or not the housing is being modernized with assist6 ance under this proviso) or tenant-based assistance, includ7 ing, but not limited to, an annual resident survey, data

8 collection and analysis, training and technical assistance

9 by or to officials and employees of the Department and of

10 public housing agencies and to residents in connection with

11 the public and Indian housing program, or for carrying

12 out activities under section 6(j) of the Act: Provided further,

13 That of the total amount provided under this head,

14 $400,000,000 shall be for rental subsidy contracts under the

15 section 8 existing housing certificate program and the hous16 ing voucher program under section 8 of the Act, except that

17 such amounts shall be used only for units necessary to pro18 vide housing assistance for residents to be relocated from

19 existing federally subsidized or assisted housing, for replace20 ment housing for units demolished or disposed of (including

21 units to be disposed of pursuant to a homeownership pro22 gram under section 5(h) or title III of the United States

23 Housing Act of 1937) from the public housing inventory,

24 for funds related to litigation settlements, for the conversion

25 of section 23 projects to assistance under section 8, for pub-
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1 lic housing agencies to implement allocation plans ap2 proved by the Secretary for designated housing, for funds

3 to carry out the family unification program, and for the

4 relocation of witnesses in connection with efforts to combat

5 crime in public and assisted housing pursuant to a request

6 from a law enforcement or prosecution agency: Provided

7 further, That of the total amount provided under this head,

8 $4,350,862,000 shall be for assistance under the United

9 States Housing Act of 1937 (42 U.S.C. 1437) for use in

10 connection with expiring or terminating section 8 subsidy

11 contracts, such amounts shall be merged with all remaining

12 obligated and unobligated balances heretofore appropriated

13 under the heading ‘‘Renewal of expiring section 8 subsidy

14 contracts’’: Provided further, That notwithstanding any

15 other provision of law, assistance reserved under the two

16 preceding provisos may be used in connection with any pro17 vision of Federal law enacted in this Act or after the enact18 ment of this Act that authorizes the use of rental assistance

19 amounts in connection with such terminated or expired

20 contracts: Provided further, That the Secretary may deter21 mine not to apply section 8(o)(6)(B) of the Act to housing

22 vouchers during fiscal year 1996: Provided further, That

23 of the total amount provided under this head, $610,575,000

24 shall be for amendments to section 8 contracts other than

25 contracts for projects developed under section 202 of the
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1 Housing Act of 1959, as amended; and $209,000,000 shall

2 be for section 8 assistance and rehabilitation grants for

3 property disposition: Provided further, That 50 per centum

4 of the amounts of budget authority, or in lieu thereof 50

5 per centum of the cash amounts associated with such budget

6 authority, that are recaptured from projects described in

7 section 1012(a) of the Stewart B. McKinney Homeless As8 sistance Amendments Act of 1988 (Public Law 100–628,

9 102 Stat. 3224, 3268) shall be rescinded, or in the case of

10 cash, shall be remitted to the Treasury, and such amounts

11 of budget authority or cash recaptured and not rescinded

12 or remitted to the Treasury shall be used by State housing

13 finance agencies or local governments or local housing agen14 cies with projects approved by the Secretary of Housing and

15 Urban Development for which settlement occurred after

16 January 1, 1992, in accordance with such section: Provided

17 further, That of the total amount provided under this head,

18 $171,000,000 shall be for housing opportunities for persons

19 with AIDS under title VIII, subtitle D of the Cranston-Gon20 zalez National Affordable Housing Act; and $65,000,000

21 shall be for the lead-based paint hazard reduction program

22 as authorized under sections 1011 and 1053 of the Residen23 tial Lead-Based Hazard Reduction Act of 1992: Provided

24 further, That the Secretary may make up to $5,000,000 of
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HR 3019 EAS

1 any amount recaptured in this account available for the

2 development of performance and financial systems.

3 Of the total amount provided under this head,

4 $624,000,000, plus amounts recaptured from interest reduc5 tion payment contracts for section 236 projects whose own6 ers prepay their mortgages during fiscal year 1996 (which

7 amounts shall be transferred and merged with this account),

8 shall be for use in conjunction with properties that are eligi9 ble for assistance under the Low Income Housing Preserva10 tion and Resident Homeownership Act of 1990

11 (LIHPRHA) or the Emergency Low-Income Housing Pres12 ervation Act of 1987 (ELIHPA): Provided, That prior to

13 August 15, 1996, funding to carry out plans of action shall

14 be limited to sales of projects to non-profit organizations,

15 tenant-sponsored organizations, and other priority pur16 chasers: Provided further, That of the amount made avail17 able by this paragraph, up to $10,000,000 shall be available

18 for preservation technical assistance grants pursuant to sec19 tion 253 of the Housing and Community Development Act

20 of 1987, as amended: Provided further, That with respect

21 to amounts made available by this paragraph, after August

22 15, 1996, if the Secretary determines that the demand for

23 funding may exceed amounts available for such funding,

24 the Secretary (1) may determine priorities for distributing

25 available funds, including giving priority funding to ten-
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1 ants displaced due to mortgage prepayment and to projects

2 that have not yet been funded but which have approved

3 plans of action; and (2) may impose a temporary morato4 rium on applications by potential recipients of such fund5 ing: Provided further, That an owner of eligible low-income

6 housing may prepay the mortgage or request voluntary ter7 mination of a mortgage insurance contract, so long as said

8 owner agrees not to raise rents for sixty days after such

9 prepayment: Provided further, That an owner of eligible

10 low-income housing who has not timely filed a second notice

11 under section 216(d) prior to the effective date of this Act

12 may file such notice by April 15, 1996: Provided further,

13 That such developments have been determined to have pres14 ervation equity at least equal to the lesser of $5,000 per

15 unit or $500,000 per project or the equivalent of eight times

16 the most recently published fair market rent for the area

17 in which the project is located as the appropriate unit size

18 for all of the units in the eligible project: Provided further,

19 That the Secretary may modify the regulatory agreement

20 to permit owners and priority purchasers to retain rental

21 income in excess of the basic rental charge in projects as22 sisted under section 236 of the National Housing Act, for

23 the purpose of preserving the low and moderate income

24 character of the housing: Provided further, That the Sec25 retary may give priority to funding and processing the fol-
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1 lowing projects provided that the funding is obligated not

2 later than September 15, 1996: (1) projects with approved

3 plans of action to retain the housing that file a modified

4 plan of action no later than August 15, 1996 to transfer

5 the housing; (2) projects with approved plans of action that

6 are subject to a repayment or settlement agreement that was

7 executed between the owner and the Secretary prior to Sep8 tember 1, 1995; (3) projects for which submissions were de9 layed as a result of their location in areas that were des10 ignated as a Federal disaster area in a Presidential Disas11 ter Declaration; and (4) projects whose processing was, in

12 fact or in practical effect, suspended, deferred, or inter13 rupted for a period of twelve months or more because of

14 differing interpretations, by the Secretary and an owner

15 or by the Secretary and a State or local rent regulatory

16 agency, concerning the timing of filing eligibility or the ef17 fect of a presumptively applicable State or local rent control

18 law or regulation on the determination of preservation

19 value under section 213 of LIHPRHA, as amended, if the

20 owner of such project filed notice of intent to extend the

21 low-income affordability restrictions of the housing, or

22 transfer to a qualified purchaser who would extend such

23 restrictions, on or before November 1, 1993: Provided fur24 ther, That eligible low-income housing shall include prop25 erties meeting the requirements of this paragraph with
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1 mortgages that are held by a State agency as a result of

2 a sale by the Secretary without insurance, which imme3 diately before the sale would have been eligible low-income

4 housing under LIHPRHA: Provided further, That notwith5 standing any other provision of law, subject to the avail6 ability of appropriated funds, each unassisted low-income

7 family residing in the housing on the date of prepayment

8 or voluntary termination, and whose rent, as a result of

9 a rent increase occurring no later than one year after the

10 date of the prepayment, exceeds 30 percent of adjusted in11 come, shall be offered tenant-based assistance in accordance

12 with section 8 or any successor program, under which the

13 family shall pay no less for rent than it paid on such date:

14 Provided further, That any family receiving tenant-based

15 assistance under the preceding proviso may elect (1) to re16 main in the unit of the housing and if the rent exceeds the

17 fair market rent or payment standard, as applicable, the

18 rent shall be deemed to be the applicable standard, so long

19 as the administering public housing agency finds that the

20 rent is reasonable in comparison with rents charged for

21 comparable unassisted housing units in the market or (2)

22 to move from the housing and the rent will be subject to

23 the fair market rent of the payment standard, as applicable,

24 under existing program rules and procedures: Provided fur25 ther, That rents and rent increases for tenants of projects
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1 for which plans of action are funded under section

2 220(d)(3)(B) of LIHPRHA shall be governed in accordance

3 with the requirements of the program under which the first

4 mortgage is insured or made (sections 236 or 221(d)(3)

5 BMIR, as appropriate): Provided further, That the imme6 diately foregoing proviso shall apply hereafter to projects

7 for which plans of action are to be funded under such sec8 tion 220(d)(3)(B), and shall apply to any project that has

9 been funded under such section starting one year after the

10 date that such project was funded: Provided further, That

11 up to $10,000,000 of the amount made available by this

12 paragraph may be used at the discretion of the Secretary

13 to reimburse owners of eligible properties for which plans

14 of action were submitted prior to the effective date of this

15 Act, but were not executed for lack of available funds, with

16 such reimbursement available only for documented costs di17 rectly applicable to the preparation of the plan of action

18 as determined by the Secretary, and shall be made available

19 on terms and conditions to be established by the Secretary:

20 Provided further, That, notwithstanding any other provi21 sion of law, effective October 1, 1996, the Secretary shall

22 suspend further processing of preservation applications

23 which do not have approved plans of action.

24 Of the total amount provided under this head,

25 $780,190,000 shall be for capital advances, including
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1 amendments to capital advance contracts, for housing for

2 the elderly, as authorized by section 202 of the Housing Act

3 of 1959, as amended, and for project rental assistance, and

4 amendments to contracts for project rental assistance, for

5 supportive housing for the elderly under section 202(c)(2)

6 of the Housing Act of 1959; and $233,168,000 shall be for

7 capital advances, including amendments to capital advance

8 contracts, for supportive housing for persons with disabil9 ities, as authorized by section 811 of the Cranston-Gonzalez

10 National Affordable Housing Act; and for project rental as11 sistance, and amendments to contracts for project rental as12 sistance, for supportive housing for persons with disabilities

13 as authorized by section 811 of the Cranston-Gonzalez Na14 tional Affordable Housing Act: Provided, That the Sec15 retary may designate up to 25 percent of the amounts ear16 marked under this paragraph for section 811 of the Cran17 ston-Gonzalez National Affordable Housing Act for tenant18 based assistance, as authorized under that section, which

19 assistance is five-years in duration: Provided further, That

20 the Secretary may waive any provision of section 202 of

21 the Housing Act of 1959 and section 811 of the National

22 Affordable Housing Act (including the provisions governing

23 the terms and conditions of project rental assistance) that

24 the Secretary determines is not necessary to achieve the ob25 jectives of these programs, or that otherwise impedes the
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HR 3019 EAS

1 ability to develop, operate or administer projects assisted

2 under these programs, and may make provision for alter3 native conditions or terms where appropriate.

4 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

5 REPLACEMENT HOUSING GRANTS

6 For grants to public housing agencies for the purposes

7 of enabling the demolition of obsolete public housing projects

8 or portions thereof, the revitalization (where appropriate)

9 of sites (including remaining public housing units) on

10 which such projects are located, replacement housing which

11 will avoid or lessen concentrations of very low-income fami12 lies, and tenant-based assistance in accordance with section

13 8 of the United States Housing Act of 1937 for the purpose

14 of providing replacement housing and assisting tenants to

15 be displaced by the demolition, $380,000,000, to remain

16 available until expended: Provided, That the Secretary of

17 Housing and Urban Development shall award such funds

18 to public housing agencies based upon, among other relevant

19 criteria, the local and national impact of the proposed dem20 olition and revitalization activities and the extent to which

21 the public housing agency could undertake such activities

22 without the additional assistance to be provided hereunder:

23 Provided further, That eligible expenditures hereunder shall

24 be those expenditures eligible under section 8 and section

25 14 of the United States Housing Act of 1937 (42 U.S.C.

26 1437f and l): Provided further, That the Secretary may im-
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HR 3019 EAS

1 pose such conditions and requirements as the Secretary

2 deems appropriate to effectuate the purposes of this para3 graph: Provided further, That the Secretary may require

4 an agency selected to receive funding to make arrangements

5 satisfactory to the Secretary for use of an entity other than

6 the agency to carry out this program where the Secretary

7 determines that such action will help to effectuate the pur8 pose of this paragraph: Provided further, That in the event

9 an agency selected to receive funding does not proceed expe10 ditiously as determined by the Secretary, the Secretary

11 shall withdraw any funding made available pursuant to

12 this paragraph that has not been obligated by the agency

13 and distribute such funds to one or more other eligible agen14 cies, or to other entities capable of proceeding expeditiously

15 in the same locality with the original program: Provided

16 further, That of the foregoing $380,000,000, the Secretary

17 may use up to .67 per centum for technical assistance, to

18 be provided directly or indirectly by grants, contracts or

19 cooperative agreements, including training and cost of nec20 essary travel for participants in such training, by or to

21 officials and employees of the Department and of public

22 housing agencies and to residents: Provided further, That

23 any replacement housing provided with assistance under

24 this head shall be subject to section 18(f) of the United
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1 States Housing Act of 1937, as amended by section

2 201(b)(2) of this Act.

3 FLEXIBLE SUBSIDY FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 From the fund established by section 236(g) of the Na6 tional Housing Act, as amended, all uncommitted balances

7 of excess rental charges as of September 30, 1995, and any

8 collections during fiscal year 1996 shall be transferred, as

9 authorized under such section, to the fund authorized under

10 section 201(j) of the Housing and Community Development

11 Amendments of 1978, as amended.

12 RENTAL HOUSING ASSISTANCE

13 (RESCISSION)

14 The limitation otherwise applicable to the maximum

15 payments that may be required in any fiscal year by all

16 contracts entered into under section 236 of the National

17 Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year

18 1996 by not more than $2,000,000 in uncommitted balances

19 of authorizations provided for this purpose in appropria20 tions Acts: Provided, That up to $163,000,000 of recaptured

21 section 236 budget authority resulting from the prepayment

22 of mortgages subsidized under section 236 of the National

23 Housing Act (12 U.S.C. 1715z–1) shall be rescinded in fis24 cal year 1996.
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1 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

2 PROJECTS

3 For payments to public housing agencies and Indian

4 housing authorities for operating subsidies for low-income

5 housing projects as authorized by section 9 of the United

6 States Housing Act of 1937, as amended (42 U.S.C. 1437g),

7 $2,800,000,000.

8 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

9 For grants to public and Indian housing agencies for

10 use in eliminating crime in public housing projects author11 ized by 42 U.S.C. 11901–11908, for grants for federally as12 sisted low-income housing authorized by 42 U.S.C. 11909,

13 and for drug information clearinghouse services authorized

14 by 42 U.S.C. 11921–11925, $290,000,000, to remain avail15 able until expended, of which $10,000,000 shall be for

16 grants, technical assistance, contracts and other assistance

17 training, program assessment, and execution for or on be18 half of public housing agencies and resident organizations

19 (including the cost of necessary travel for participants in

20 such training) and of which $2,500,000 shall be used in

21 connection with efforts to combat violent crime in public

22 and assisted housing under the Operation Safe Home pro23 gram administered by the Inspector General of the Depart24 ment of Housing and Urban Development: Provided, That

25 the term ‘‘drug-related crime’’, as defined in 42 U.S.C.

26 11905(2), shall also include other types of crime as deter-
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1 mined by the Secretary: Provided further, That notwith2 standing section 5130(c) of the Anti-Drug Abuse Act of 1988

3 (42 U.S.C. 11909(c)), the Secretary may determine not to

4 use any such funds to provide public housing youth sports

5 grants: Provided further, That an additional $30,000,000,

6 to be derived by transfer from unobligated balances from

7 the Homeownership and Opportunity for People Every8 where Grants (HOPE Grants) account, shall be available

9 for use for grants for federally-assisted low-income housing,

10 in addition to any other amount made available for this

11 purpose under this heading, without regard to any percent12 age limitation otherwise applicable.

13 HOME INVESTMENT PARTNERSHIPS PROGRAM

14 For the HOME investment partnerships program, as

15 authorized under title II of the Cranston-Gonzalez National

16 Affordable Housing Act (Public Law 101–625), as amended,

17 $1,400,000,000, to remain available until expended.

18 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

19 ACCOUNT

20 For the cost of guaranteed loans, $3,000,000, as au21 thorized by section 184 of the Housing and Community De22 velopment Act of 1992 (106 Stat. 3739): Provided, That

23 such costs, including the costs of modifying such loans, shall

24 be as defined in section 502 of the Congressional Budget

25 Act of 1974, as amended: Provided further, That these funds
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HR 3019 EAS

1 are available to subsidize total loan principal, any part of

2 which is to be guaranteed, not to exceed $36,900,000.

3 HOMELESS ASSISTANCE

4 HOMELESS ASSISTANCE GRANTS

5 For the emergency shelter grants program (as author6 ized under subtitle B of title IV of the Stewart B. McKinney

7 Homeless Assistance Act (Public Law 100–77), as amend8 ed); the supportive housing program (as authorized under

9 subtitle C of title IV of such Act); the section 8 moderate

10 rehabilitation single room occupancy program (as author11 ized under the United States Housing Act of 1937, as

12 amended) to assist homeless individuals pursuant to section

13 441 of the Stewart B. McKinney Homeless Assistance Act;

14 and the shelter plus care program (as authorized under sub15 title F of title IV of such Act), $823,000,000, to remain

16 available until expended.

17 COMMUNITY PLANNING AND DEVELOPMENT

18 COMMUNITY DEVELOPMENT GRANTS

19 (INCLUDING TRANSFER OF FUNDS)

20 For grants to States and units of general local govern21 ment and for related expenses, not otherwise provided for,

22 necessary for carrying out a community development grants

23 program as authorized by title I of the Housing and Com24 munity Development Act of 1974, as amended (42 U.S.C.

25 5301), $4,600,000,000, to remain available until September

26 30, 1998: Provided, That $50,000,000 shall be available for
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HR 3019 EAS

1 grants to Indian tribes pursuant to section 106(a)(1) of the

2 Housing and Community Development Act of 1974, as

3 amended (42 U.S.C. 5301), $2,000,000 shall be available

4 as a grant to the Housing Assistance Council, $1,000,000

5 shall be available as a grant to the National American In6 dian Housing Council, and $27,000,000 shall be available

7 for ‘‘special purpose grants’’ pursuant to section 107 of such

8 Act: Provided further, That not to exceed 20 per centum

9 of any grant made with funds appropriated herein (other

10 than a grant made available under the preceding proviso

11 to the Housing Assistance Council or the National Amer12 ican Indian Housing Council, or a grant using funds under

13 section 107(b)(3) of the Housing and Community Develop14 ment Act of 1974) shall be expended for ‘‘Planning and

15 Management Development’’ and ‘‘Administration’’ as de16 fined in regulations promulgated by the Department of

17 Housing and Urban Development: Provided further, That

18 section 105(a)(25) of such Act, as added by section

19 907(b)(1) of the Cranston-Gonzalez National Affordable

20 Housing Act, shall continue to be effective after September

21 30, 1995, notwithstanding section 907(b)(2) of such Act:

22 Provided further, That section 916 of the Cranston-Gonzalez

23 National Affordable Housing Act shall apply with respect

24 to fiscal year 1996, notwithstanding section 916(f) of that

25 Act.
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1 Of the amount provided under this heading, the Sec2 retary of Housing and Urban Development may use up to

3 $53,000,000 for grants to public housing agencies (includ4 ing Indian housing authorities), nonprofit corporations,

5 and other appropriate entities for a supportive services pro6 gram to assist residents of public and assisted housing,

7 former residents of such housing receiving tenant-based as8 sistance under section 8 of such Act (42 U.S.C. 1437f), and

9 other low-income families and individuals to become self10 sufficient: Provided, That the program shall provide sup11 portive services, principally for the benefit of public housing

12 residents, to the elderly and the disabled, and to families

13 with children where the head of the household would benefit

14 from the receipt of supportive services and is working, seek15 ing work, or is preparing for work by participating in job

16 training or educational programs: Provided further, That

17 the supportive services shall include congregate services for

18 the elderly and disabled, service coordinators, and coordi19 nated educational, training, and other supportive services,

20 including academic skills training, job search assistance,

21 assistance related to retaining employment, vocational and

22 entrepreneurship development and support programs,

23 transportation, and child care: Provided further, That the

24 Secretary shall require applicants to demonstrate firm com25 mitments of funding or services from other sources: Pro-
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HR 3019 EAS

1 vided further, That the Secretary shall select public and In2 dian housing agencies to receive assistance under this head

3 on a competitive basis, taking into account the quality of

4 the proposed program (including any innovative ap5 proaches), the extent of the proposed coordination of sup6 portive services, the extent of commitments of funding or

7 services from other sources, the extent to which the proposed

8 program includes reasonably achievable, quantifiable goals

9 for measuring performance under the program over a three10 year period, the extent of success an agency has had in car11 rying out other comparable initiatives, and other appro12 priate criteria established by the Secretary.

13 Of the amount made available under this heading, not14 withstanding any other provision of law, $12,000,000 shall

15 be available for contracts, grants, and other assistance,

16 other than loans, not otherwise provided for, for providing

17 counseling and advice to tenants and homeowners both cur18 rent and prospective, with respect to property maintenance,

19 financial management, and such other matters as may be

20 appropriate to assist them in improving their housing con21 ditions and meeting the responsibilities of tenancy or home22 ownership, including provisions for training and for sup23 port of voluntary agencies and services as authorized by sec24 tion 106 of the Housing and Urban Development Act of
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HR 3019 EAS

1 1968, as amended, notwithstanding section 106(c)(9) and

2 section 106(d)(13) of such Act.

3 Of the amount made available under this heading, not4 withstanding any other provision of law, $15,000,000 shall

5 be available for the tenant opportunity program.

6 Of the amount made available under this heading, not7 withstanding any other provision of law, $20,000,000 shall

8 be available for youthbuild program activities authorized

9 by subtitle D of title IV of the Cranston-Gonzalez National

10 Affordable Housing Act, as amended, and such activities

11 shall be an eligible activity with respect to any funds made

12 available under this heading.

13 Of the amount otherwise made available under this

14 heading in this Act, notwithstanding any other provision

15 of law, $80,000,000 shall be available for Economic Devel16 opment Initiative grants as authorized by section 232 of

17 the Multifamily Housing Property Disposition Reform Act

18 of 1994, Public Law 103–233, on a competitive basis as

19 required by section 102 of the HUD Reform Act.

20 Of the amount made available under this heading, not21 withstanding any other provision of law, $13,000,000 shall

22 be for a grant to Watertown, South Dakota for the construc23 tion of wastewater treatment facilities.

24 For the cost of guaranteed loans, $31,750,000, as au25 thorized by section 108 of the Housing and Community De-
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HR 3019 EAS

1 velopment Act of 1974: Provided, That such costs, including

2 the cost of modifying such loans, shall be as defined in sec3 tion 502 of the Congressional Budget Act of 1974, as

4 amended: Provided further, That these funds are available

5 to subsidize total loan principal, any part of which is to

6 be guaranteed, not to exceed $1,500,000,000: Provided fur7 ther, That the Secretary of Housing and Urban Develop8 ment may make guarantees not to exceed the immediately

9 foregoing amount notwithstanding the aggregate limitation

10 on guarantees set forth in section 108(k) of the Housing

11 and Community Development Act of 1974. In addition, for

12 administrative expenses to carry out the guaranteed loan

13 program, $675,000 which shall be transferred to and merged

14 with the appropriation for departmental salaries and ex15 penses.

16 The amount made available for fiscal year 1995 for

17 a special purpose grant for the renovation of the central

18 terminal in Buffalo, New York, shall be made available for

19 the central terminal and for other public facilities in Buf20 falo, New York.

21 POLICY DEVELOPMENT AND RESEARCH

22 RESEARCH AND TECHNOLOGY

23 For contracts, grants, and necessary expenses of pro24 grams of research and studies relating to housing and

25 urban problems, not otherwise provided for, as authorized
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HR 3019 EAS

1 by title V of the Housing and Urban Development Act of

2 1970, as amended (12 U.S.C. 1701z–1 et seq.), including

3 carrying out the functions of the Secretary under section

4 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

5 $34,000,000, to remain available until September 30, 1997.

6 FAIR HOUSING AND EQUAL OPPORTUNITY

7 FAIR HOUSING ACTIVITIES

8 For contracts, grants, and other assistance, not other9 wise provided for, as authorized by title VIII of the Civil

10 Rights Act of 1968, as amended by the Fair Housing

11 Amendments Act of 1988, and for contracts with qualified

12 fair housing enforcement organizations, as authorized by

13 section 561 of the Housing and Community Development

14 Act of 1987, as amended by the Housing and Community

15 Development Act of 1992, $30,000,000, to remain available

16 until September 30, 1997.

17 MANAGEMENT AND ADMINISTRATION

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary administrative and nonadministrative

21 expenses of the Department of Housing and Urban Develop22 ment, not otherwise provided for, including not to exceed

23 $7,000 for official reception and representation expenses,

24 $962,558,000, of which $532,782,000 shall be provided from

25 the various funds of the Federal Housing Administration,

26 and $9,101,000 shall be provided from funds of the Govern-
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HR 3019 EAS

1 ment National Mortgage Association, and $675,000 shall be

2 provided from the Community Development Grants Pro3 gram account.

4 OFFICE OF INSPECTOR GENERAL

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Office of Inspector Gen7 eral in carrying out the provisions of the Inspector General

8 Act of 1978, as amended, $47,850,000, of which $11,283,000

9 shall be transferred from the various funds of the Federal

10 Housing Administration.

11 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out the Federal Housing Enterprise Fi15 nancial Safety and Soundness Act of 1992, $14,895,000, to

16 remain available until expended, from the Federal Housing

17 Enterprise Oversight Fund: Provided, That such amounts

18 shall be collected by the Director as authorized by section

19 1316 (a) and (b) of such Act, and deposited in the Fund

20 under section 1316(f) of such Act.

21 FEDERAL HOUSING ADMINISTRATION

22 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 During fiscal year 1996, commitments to guarantee

25 loans to carry out the purposes of section 203(b) of the Na26 tional Housing Act, as amended, shall not exceed a loan
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HR 3019 EAS

1 principal of $110,000,000,000: Provided, That during fiscal

2 year 1996, the Secretary shall sell assigned mortgage notes

3 having an unpaid principal balance of up to

4 $4,000,000,000, which notes were originally insured under

5 section 203(b) of the National Housing Act: Provided fur6 ther, That the Secretary may use any negative subsidy

7 amounts from the sale of such assigned mortgage notes dur8 ing fiscal year 1996 for the disposition of properties or notes

9 under this heading.

10 During fiscal year 1996, obligations to make direct

11 loans to carry out the purposes of section 204(g) of the Na12 tional Housing Act, as amended, shall not exceed

13 $200,000,000: Provided, That the foregoing amount shall be

14 for loans to nonprofit and governmental entities in connec15 tion with sales of single family real properties owned by

16 the Secretary and formerly insured under section 203 of

17 such Act.

18 For administrative expenses necessary to carry out the

19 guaranteed and direct loan program, $341,595,000, to be

20 derived from the FHA-mutual mortgage insurance guaran21 teed loans receipt account, of which not to exceed

22 $334,483,000 shall be transferred to the appropriation for

23 departmental salaries and expenses; and of which not to

24 exceed $7,112,000 shall be transferred to the appropriation

25 for the Office of Inspector General.
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1 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the cost of guaranteed loans, as authorized by sec4 tions 238 and 519 of the National Housing Act (12 U.S.C.

5 1715z–3 and 1735c), including the cost of modifying such

6 loans, $85,000,000, to remain available until expended:

7 Provided, That such costs shall be as defined in section 502

8 of the Congressional Budget Act of 1974, as amended: Pro9 vided further, That these funds are available to subsidize

10 total loan principal any part of which is to be guaranteed

11 of not to exceed $17,400,000,000: Provided further, That

12 during fiscal year 1996, the Secretary shall sell assigned

13 notes having an unpaid principal balance of up to

14 $4,000,000,000, which notes were originally obligations of

15 the funds established under sections 238 and 519 of the Na16 tional Housing Act: Provided further, That the Secretary

17 may use any negative subsidy amounts from the sale of such

18 assigned mortgage notes during fiscal year 1996, in addi19 tion to amounts otherwise provided, for the disposition of

20 properties or notes under this heading (including the credit

21 subsidy for the guarantee of loans or the reduction of posi22 tive credit subsidy amounts that would otherwise be re23 quired for the sale of such properties or notes), and for any

24 other purpose under this heading: Provided further, That

25 any amounts made available in any prior appropriation
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1 Act for the cost (as such term is defined in section 502 of

2 the Congressional Budget Act of 1974) of guaranteed loans

3 that are obligations of the funds established under section

4 238 or 519 of the National Housing Act that have not been

5 obligated or that are deobligated shall be available to the

6 Secretary of Housing and Urban Development in connec7 tion with the making of such guarantees and shall remain

8 available until expended, notwithstanding the expiration of

9 any period of availability otherwise applicable to such

10 amounts.

11 Gross obligations for the principal amount of direct

12 loans, as authorized by sections 204(g), 207(l), 238(a), and

13 519(a) of the National Housing Act, shall not exceed

14 $120,000,000; of which not to exceed $100,000,000 shall be

15 for bridge financing in connection with the sale of multi16 family real properties owned by the Secretary and formerly

17 insured under such Act; and of which not to exceed

18 $20,000,000 shall be for loans to nonprofit and govern19 mental entities in connection with the sale of single-family

20 real properties owned by the Secretary and formerly in21 sured under such Act.

22 In addition, for administrative expenses necessary to

23 carry out the guaranteed and direct loan programs,

24 $202,470,000, of which $198,299,000 shall be transferred to

25 the appropriation for departmental salaries and expenses;
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1 and of which $4,171,000 shall be transferred to the appro2 priation for the Office of Inspector General.

3 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

4 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

5 GUARANTEE PROGRAM ACCOUNT

6 (INCLUDES TRANSFER OF FUNDS)

7 During fiscal year 1996, new commitments to issue

8 guarantees to carry out the purposes of section 306 of the

9 National Housing Act, as amended (12 U.S.C. 1721(g)),

10 shall not exceed $110,000,000,000.

11 For administrative expenses necessary to carry out the

12 guaranteed mortgage-backed securities program,

13 $9,101,000, to be derived from the GNMA—guarantees of

14 mortgage-backed securities guaranteed loan receipt account,

15 of which not to exceed $9,101,000 shall be transferred to

16 the appropriation for departmental salaries and expenses.

17 ADMINISTRATIVE PROVISIONS

18 (INCLUDING TRANSFER OF FUNDS)

19 EXTEND ADMINISTRATIVE PROVISIONS FROM THE

20 RESCISSION ACT

21 SEC. 201. (a) PUBLIC AND INDIAN HOUSING MOD22 ERNIZATION.—

23 (1) EXPANSION OF USE OF MODERNIZATION

24 FUNDING.—Subsection 14(q) of the United States

25 Housing Act of 1937 is amended to read as follows:
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1 ‘‘(q)(1) In addition to the purposes enumerated in sub2 sections (a) and (b), a public housing agency may use mod3 ernization assistance provided under section 14, and devel4 opment assistance provided under section 5(a) that was not

5 allocated, as determined by the Secretary, for priority re6 placement housing, for any eligible activity authorized by

7 this section, by section 5, or by applicable Appropriations

8 Acts for a public housing agency, including the demolition,

9 rehabilitation, revitalization, and replacement of existing

10 units and projects and, for up to 10 percent of its allocation

11 of such funds in any fiscal year, for any operating subsidy

12 purpose authorized in section 9. Except for assistance used

13 for operating subsidy purposes under the preceding sen14 tence, assistance provided to a public housing agency under

15 this section shall principally be used for the physical im16 provement, replacement of public housing, other capital

17 purposes, and for associated management improvements,

18 and such other extraordinary purposes as may be approved

19 by the Secretary. Low-income and very low-income units

20 assisted under this paragraph shall be eligible for operating

21 subsidies, unless the Secretary determines that such units

22 or projects do not meet other requirements of this Act.

23 ‘‘(2) A public housing agency may provide assistance

24 to developments that include units for other than units as25 sisted under this Act (except for units assisted under section
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1 8 hereof) (‘mixed income developments’), in the form of a

2 grant, loan, operating assistance, or other form of invest3 ment which may be made to—

4 ‘‘(A) a partnership, a limited liability company,

5 or other legal entity in which the public housing

6 agency or its affiliate is a general partner, managing

7 member, or otherwise participates in the activities of

8 such entity; or

9 ‘‘(B) any entity which grants to the public hous10 ing agency the option to purchase the development

11 within 20 years after initial occupancy in accordance

12 with section 42(i)(7) of the Internal Revenue Code of

13 1986, as amended.

14 ‘‘Units shall be made available in such develop15 ments for periods of not less than 30 years, by master

16 contract or by individual lease, for occupancy by low17 income and very low-income families referred from

18 time to time by the public housing agency from its

19 central or site-based waiting list. The number of such

20 units shall be:

21 ‘‘(i) in the same proportion to the total

22 number of units in such development that the

23 total financial commitment provided by the pub24 lic housing agency bears to the value of the total

25 financial commitment in the development, or
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1 ‘‘(ii) not be less than the number of units

2 that could have been developed under the conven3 tional public housing program with the assist4 ance involved, or

5 ‘‘(iii) as may otherwise be approved by the

6 Secretary.

7 ‘‘(3) A mixed income development may elect to have

8 all units subject only to the applicable local real estate

9 taxes, notwithstanding that the low-income units assisted

10 by public housing funds would otherwise be subject to sec11 tion 6(d) of the Housing Act of 1937.

12 ‘‘(4) If an entity that owns or operates a mixed-income

13 project under this subsection enters into a contract with a

14 public housing agency, the terms of which obligate the entity

15 to operate and maintain a specified number of units in the

16 project as public housing units in accordance with the re17 quirements of this Act for the period required by law, such

18 contractual terms may provide that, if, as a result of a re19 duction in appropriations under section 9, or any other

20 change in applicable law, the public housing agency is un21 able to fulfill its contractual obligations with respect to

22 those public housing units, that entity may deviate, under

23 procedures and requirements developed through regulations

24 by the Secretary, from otherwise applicable restrictions

25 under this Act regarding rents, income eligibility, and other
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1 areas of public housing management with respect to a por2 tion or all of those public housing units, to the extent nec3 essary to preserve the viability of those units while main4 taining the low-income character of the units, to the maxi5 mum extent practicable.’’.

6 (2) APPLICABILITY.—Section 14(q) of the United

7 States Housing Act of 1937, as amended by subsection

8 (a) of this section, shall be effective only with respect

9 to assistance provided from funds made available for

10 fiscal year 1996 or any preceding fiscal year.

11 (3) APPLICABILITY TO IHAS.—In accordance

12 with section 201(b)(2) of the United States Housing

13 Act of 1937, the amendment made by this subsection

14 shall apply to public housing developed or operated

15 pursuant to a contract between the Secretary of Hous16 ing and Urban Development and an Indian housing

17 authority.

18 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND IN19 DIAN HOUSING.—

20 (1) EXTENDED AUTHORITY.—Section 1002(d) of

21 Public Law 104–19 is amended to read as follows:

22 ‘‘(d) Subsections (a), (b), and (c) shall be effective for

23 applications for the demolition, disposition, or conversion

24 to homeownership of public housing approved by the Sec25 retary, and other consolidation and relocation activities of
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1 public housing agencies undertaken, on, before, or after Sep2 tember 30, 1995 and before September 30, 1996.’’.

3 (2) Section 18(f) of the United States Housing

4 Act of 1937 is amended by adding at the end the fol5 lowing new sentence:

6 ‘‘No one may rely on the preceding sentence as the basis

7 for reconsidering a final order of a court issued, or a settle8 ment approved by, a court.’’.

9 (3) APPLICABILITY.—In accordance with section

10 201(b)(2) of the United States Housing Act of 1937,

11 the amendments made by this subsection and by sec12 tions 1002 (a), (b), and (c) of Public Law 104–19

13 shall apply to public housing developed or operated

14 pursuant to a contract between the Secretary of Hous15 ing and Urban Development and an Indian housing

16 authority.

17 CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS

18 SEC. 203. (a) IDENTIFICATION OF UNITS.—Each pub19 lic housing agency shall identify any public housing devel20 opments—

21 (1) that are on the same or contiguous sites;

22 (2) that total more than—

23 (A) 300 dwelling units; or

24 (B) in the case of high-rise family buildings

25 or substantially vacant buildings; 300 dwelling

26 units;
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1 (3) that have a vacancy rate of at least 10 per2 cent for dwelling units not in funded, on schedule

3 modernization programs;

4 (4) identified as distressed housing that the pub5 lic housing agency cannot assure the long-term viabil6 ity as public housing through reasonable revitaliza7 tion, density reduction, or achievement of a broader

8 range of household income; and

9 (5) for which the estimated cost of continued op10 eration and modernization of the developments as

11 public housing exceeds the cost of providing tenant12 based assistance under section 8 of the United States

13 Housing Act of 1937 for all families in occupancy,

14 based on appropriate indicators of cost (such as the

15 percentage of total development cost required for mod16 ernization).

17 (b) IMPLEMENTATION AND ENFORCEMENT.—

18 (1) STANDARDS FOR IMPLEMENTATION.—The

19 Secretary shall establish standards to permit imple20 mentation of this section in fiscal year 1996.

21 (2) CONSULTATION.—Each public housing agen22 cy shall consult with the applicable public housing

23 tenants and the unit of general local government in

24 identifying any public housing developments under

25 subsection (a).
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1 (3) FAILURE OF PHAS TO COMPLY WITH SUB2 SECTION (a).—Where the Secretary determines that—

3 (A) a public housing agency has failed

4 under subsection (a) to identify public housing

5 developments for removal from the inventory of

6 the agency in a timely manner;

7 (B) a public housing agency has failed to

8 identify one or more public housing develop9 ments which the Secretary determines should

10 have been identified under subsection (a); or

11 (C) one or more of the developments identi12 fied by the public housing agency pursuant to

13 subsection (a) should not, in the determination of

14 the Secretary, have been identified under that

15 subsection;

16 the Secretary may designate the developments to be

17 removed from the inventory of the public housing

18 agency pursuant to this section.

19 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

20 PUBLIC HOUSING AGENCIES.—

21 (1) Each public housing agency shall develop

22 and carry out a plan in conjunction with the Sec23 retary for the removal of public housing units identi24 fied under subsection (a) or subsection (b)(3), over a

25 period of up to five years, from the inventory of the
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1 public housing agency and the annual contributions

2 contract. The plan shall be approved by the relevant

3 local official as not inconsistent with the Comprehen4 sive Housing Affordability Strategy under title I of

5 the Housing and Community Development Act of

6 1992, including a description of any disposition and

7 demolition plan for the public housing units.

8 (2) The Secretary may extend the deadline in

9 paragraph (1) for up to an additional five years

10 where the Secretary makes a determination that the

11 deadline is impracticable.

12 (3) The Secretary shall take appropriate actions

13 to ensure removal of developments identified under

14 subsection (a) or subsection (b)(3) from the inventory

15 of a public housing agency, if the public housing

16 agency fails to adequately develop a plan under para17 graph (1), or fails to adequately implement such plan

18 in accordance with the terms of the plan.

19 (4) To the extent approved in appropriations

20 Acts, the Secretary may establish requirements and

21 provide funding under the Urban Revitalization

22 Demonstration program for demolition and disposi23 tion of public housing under this section.

24 (5) Notwithstanding any other provision of law,

25 if a development is removed from the inventory of a
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1 public housing agency and the annual contributions

2 contract pursuant to paragraph (1), the Secretary

3 may authorize or direct the transfer of—

4 (A) in the case of an agency receiving as5 sistance under the comprehensive improvement

6 assistance program, any amounts obligated by

7 the Secretary for the modernization of such de8 velopment pursuant to section 14 of the United

9 States Housing Act of 1937;

10 (B) in the case of an agency receiving pub11 lic and Indian housing modernization assistance

12 by formula pursuant to section 14 of the United

13 States Housing Act of 1937, any amounts pro14 vided to the agency which are attributable pur15 suant to the formula for allocating such assist16 ance to the development removed from the inven17 tory of that agency; and

18 (C) in the case of an agency receiving as19 sistance for the major reconstruction of obsolete

20 projects, any amounts obligated by the Secretary

21 for the major reconstruction of the development

22 pursuant to section 5 of such Act,

23 to the tenant-based assistance program or appropriate

24 site revitalization of such agency.
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1 (6) CESSATION OF UNNECESSARY SPENDING.—

2 Notwithstanding any other provision of law, if, in the

3 determination of the Secretary, a development meets

4 or is likely to meet the criteria set forth in subsection

5 (a), the Secretary may direct the public housing agen6 cy to cease additional spending in connection with

7 the development, except to the extent that additional

8 spending is necessary to ensure decent, safe, and sani9 tary housing until the Secretary determines or ap10 proves an appropriate course of action with respect to

11 such development under this section.

12 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—

13 (1) The Secretary shall make authority available

14 to a public housing agency to provide tenant-based

15 assistance pursuant to section 8 to families residing

16 in any development that is removed from the inven17 tory of the public housing agency and the annual con18 tributions contract pursuant to subsection (b).

19 (2) Each conversion plan under subsection (c)

20 shall—

21 (A) require the agency to notify families re22 siding in the development, consistent with any

23 guidelines issued by the Secretary governing such

24 notifications, that the development shall be re25 moved from the inventory of the public housing
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1 agency and the families shall receive tenant2 based or project-based assistance, and to provide

3 any necessary counseling for families; and

4 (B) ensure that all tenants affected by a de5 termination under this section that a develop6 ment shall be removed from the inventory of a

7 public housing agency shall be offered tenant8 based or project-based assistance and shall be re9 located, as necessary, to other decent, safe, sani10 tary, and affordable housing which is, to the

11 maximum extent practicable, housing of their

12 choice.

13 (e) IN GENERAL.—

14 (1) The Secretary may require a public housing

15 agency to provide such information as the Secretary

16 considers necessary for the administration of this sec17 tion.

18 (2) As used in this section, the term ‘‘develop19 ment’’ shall refer to a project or projects, or to por20 tions of a project or projects, as appropriate.

21 (3) Section 18 of the United States Housing Act

22 of 1937 shall not apply to the demolition of develop23 ments removed from the inventory of the public hous24 ing agency under this section.
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1 STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE

2 SEC. 204. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section 8(t)

3 of the United States Housing Act of 1937 is hereby repealed.

4 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

5 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

6 8(c) of such Act is amended—

7 (1) in paragraph (8), by inserting after ‘‘sec8 tion’’ the following: ‘‘(other than a contract for assist9 ance under the certificate or voucher program)’’; and

10 (2) in the first sentence of paragraph (9), by

11 striking ‘‘(but not less than 90 days in the case of

12 housing certificates or vouchers under subsection (b)

13 or (o))’’ and inserting ‘‘, other than a contract under

14 the certificate or voucher program’’.

15 (c) ENDLESS LEASE.—Section 8(d)(1)(B) of such Act

16 is amended—

17 (1) in clause (ii), by inserting ‘‘during the term

18 of the lease,’’ after ‘‘(ii)’’; and

19 (2) in clause (iii), by striking ‘‘provide that’’

20 and inserting ‘‘during the term of the lease,’’.

21 (d) APPLICABILITY.—The provisions of this section

22 shall be effective for fiscal year 1996 only.

23 PUBLIC HOUSING/SECTION 8 MOVING TO WORK

24 DEMONSTRATION

25 SEC. 206. (a) PURPOSE.—The purpose of this dem26 onstration is to give public housing agencies and the Sec-
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1 retary of Housing and Urban Development the flexibility

2 to design and test various approaches for providing and

3 administering housing assistance that: reduce cost and

4 achieve greater cost effectiveness in Federal expenditures;

5 give incentives to families with children where the head of

6 household is working, seeking work, or is preparing for work

7 by participating in job training, educational programs, or

8 programs that assist people to obtain employment and be9 come economically self-sufficient; and increase housing

10 choices for low-income families.

11 (b) PROGRAM AUTHORITY.—The Secretary of Housing

12 and Urban Development shall conduct a demonstration pro13 gram under this section beginning in fiscal year 1996 under

14 which up to 30 public housing agencies (including Indian

15 housing authorities) administering the public or Indian

16 housing program and the section 8 housing assistance pay17 ments program may be selected by the Secretary to partici18 pate. The Secretary shall provide training and technical as19 sistance during the demonstration and conduct detailed

20 evaluations of up to 15 such agencies in an effort to identify

21 replicable program models promoting the purpose of the

22 demonstration. Under the demonstration, notwithstanding

23 any provision of the United States Housing Act of 1937

24 except as provided in subsection (e), an agency may com25 bine operating assistance provided under section 9 of the
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1 United States Housing Act of 1937, modernization assist2 ance provided under section 14 of such Act, and assistance

3 provided under section 8 of such Act for the certificate and

4 voucher programs, to provide housing assistance for low5 income families, as defined in section 3(b)(2) of the United

6 States Housing Act of 1937, and services to facilitate the

7 transition to work on such terms and conditions as the

8 agency may propose and the Secretary may approve.

9 (c) APPLICATION.—An application to participate in

10 the demonstration—

11 (1) shall request authority to combine assistance

12 under sections 8, 9, and 14 of the United States

13 Housing Act of 1937;

14 (2) shall be submitted only after the public hous15 ing agency provides for citizen participation through

16 a public hearing and, if appropriate, other means;

17 (3) shall include a plan developed by the agency

18 that takes into account comments from the public

19 hearing and any other public comments on the pro20 posed program, and comments from current and pro21 spective residents who would be affected, and that in22 cludes criteria for—

23 (A) families to be assisted, which shall re24 quire that at least 75 percent of the families as25 sisted by participating demonstration public
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1 housing authorities shall be very low-income

2 families, as defined in section 3(b)(2) of the

3 United States Housing Act of 1937;

4 (B) establishing a reasonable rent policy,

5 which shall be designed to encourage employment

6 and self-sufficiency by participating families,

7 consistent with the purpose of this demonstra8 tion, such as by excluding some or all of a fami9 ly’s earned income for purposes of determining

10 rent;

11 (C) continuing to assist substantially the

12 same total number of eligible low-income families

13 as would have been served had the amounts not

14 been combined;

15 (D) maintaining a comparable mix of fami16 lies (by family size) as would have been provided

17 had the amounts not been used under the dem18 onstration; and

19 (E) assuring that housing assisted under

20 the demonstration program meets housing qual21 ity standards established or approved by the Sec22 retary; and

23 (4) may request assistance for training and tech24 nical assistance to assist with design of the dem-
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1 onstration and to participate in a detailed evalua2 tion.

3 (d) SELECTION.—In selecting among applications, the

4 Secretary shall take into account the potential of each agen5 cy to plan and carry out a program under the demonstra6 tion, the relative performance by an agency under the pub7 lic housing management assessment program under section

8 6(j) of the United States Housing Act of 1937, and other

9 appropriate factors as determined by the Secretary.

10 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—

11 (1) Section 18 of the United States Housing Act

12 of 1937 shall continue to apply to public housing not13 withstanding any use of the housing under this dem14 onstration.

15 (2) Section 12 of such Act shall apply to housing

16 assisted under the demonstration, other than housing

17 assisted solely due to occupancy by families receiving

18 tenant-based assistance.

19 (f) EFFECT ON SECTION 8, OPERATING SUBSIDIES,

20 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

21 The amount of assistance received under section 8, section

22 9, or pursuant to section 14 by a public housing agency

23 participating in the demonstration under this part shall

24 not be diminished by its participation.

25 (g) RECORDS, REPORTS, AND AUDITS.—
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1 (1) KEEPING OF RECORDS.—Each agency shall

2 keep such records as the Secretary may prescribe as

3 reasonably necessary to disclose the amounts and the

4 disposition of amounts under this demonstration, to

5 ensure compliance with the requirements of this sec6 tion, and to measure performance.

7 (2) REPORTS.—Each agency shall submit to the

8 Secretary a report, or series of reports, in a form and

9 at a time specified by the Secretary. Each report

10 shall—

11 (A) document the use of funds made avail12 able under this section;

13 (B) provide such data as the Secretary may

14 request to assist the Secretary in assessing the

15 demonstration; and

16 (C) describe and analyze the effect of as17 sisted activities in addressing the objectives of

18 this part.

19 (3) ACCESS TO DOCUMENTS BY THE SEC20 RETARY.—The Secretary shall have access for the pur21 pose of audit and examination to any books, docu22 ments, papers, and records that are pertinent to as23 sistance in connection with, and the requirements of,

24 this section.
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1 (4) ACCESS TO DOCUMENTS BY THE COMPTROL2 LER GENERAL.—The Comptroller General of the Unit3 ed States, or any of the duly authorized representa4 tives of the Comptroller General, shall have access for

5 the purpose of audit and examination to any books,

6 documents, papers, and records that are pertinent to

7 assistance in connection with, and the requirements

8 of, this section.

9 (h) EVALUATION AND REPORT.—

10 (1) CONSULTATION WITH PHA AND FAMILY REP11 RESENTATIVES.—In making assessments throughout

12 the demonstration, the Secretary shall consult with

13 representatives of public housing agencies and resi14 dents.

15 (2) REPORT TO CONGRESS.—Not later than 180

16 days after the end of the third year of the demonstra17 tion, the Secretary shall submit to the Congress a re18 port evaluating the programs carried out under the

19 demonstration. The report shall also include findings

20 and recommendations for any appropriate legislative

21 action.

22 (i) FUNDING FOR TECHNICAL ASSISTANCE AND EVAL23 UATION.—From amounts appropriated for assistance under

24 section 14 of the United States Housing Act of 1937 for
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1 fiscal years 1996, 1997, and 1998, the Secretary may use

2 up to a total of $5,000,000—

3 (1) to provide, directly or by contract, training

4 and technical assistance—

5 (A) to public housing agencies that express

6 an interest to apply for training and technical

7 assistance pursuant to subsection (c)(4), to assist

8 them in designing programs to be proposed for

9 the demonstration; and

10 (B) to up to 10 agencies selected to receive

11 training and technical assistance pursuant to

12 subsection (c)(4), to assist them in implementing

13 the approved program; and

14 (2) to conduct detailed evaluations of the activi15 ties of the public housing agencies under paragraph

16 (1)(B), directly or by contract.

17 EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAM

18 SEC. 208. (a) The first sentence of section 542(b)(5)

19 of the Housing and Community Development Act of 1992

20 (12 U.S.C. 1707 note) is amended by striking ‘‘on not more

21 than 15,000 units over fiscal years 1993 and 1994’’ and

22 inserting ‘‘on not more than 7,500 units during fiscal year

23 1996’’.

24 (b) The first sentence of section 542(c)(4) of the Hous25 ing and Community Development Act of 1992 (12 U.S.C.

26 1707 note) is amended by striking ‘‘on not to exceed 30,000
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1 units over fiscal years 1993, 1994, and 1995’’ and inserting

2 ‘‘on not more than 10,000 units during fiscal year 1996’’.

3 FORECLOSURE OF HUD-HELD MORTGAGES THROUGH

4 THIRD PARTIES

5 SEC. 209. During fiscal year 1996, the Secretary of

6 Housing and Urban Development may delegate to one or

7 more entities the authority to carry out some or all of the

8 functions and responsibilities of the Secretary in connection

9 with the foreclosure of mortgages held by the Secretary

10 under the National Housing Act.

11 RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE

12 PORTFOLIO THROUGH STATE HOUSING FINANCE AGENCIES

13 SEC. 210. During fiscal year 1996, the Secretary of

14 Housing and Urban Development may sell or otherwise

15 transfer multifamily mortgages held by the Secretary under

16 the National Housing Act to a State housing finance agency

17 in connection with a program authorized under section 542

18 (b) or (c) of the Housing and Community Development Act

19 of 1992 without regard to the unit limitations in section

20 542(b)(5) or 542(c)(4) of such Act.

21 TRANSFER OF SECTION 8 AUTHORITY

22 SEC. 211. Section 8 of the United States Housing Act

23 of 1937 is amended by adding the following new subsection

24 at the end:

25 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as26 sistance contract under this section, other than a contract
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1 for tenant-based assistance, is terminated or is not renewed,

2 or if the contract expires, the Secretary shall, in order to

3 provide continued assistance to eligible families, including

4 eligible families receiving the benefit of the project-based as5 sistance at the time of the termination, transfer any budget

6 authority remaining in the contract to another contract.

7 The transfer shall be under such terms as the Secretary may

8 prescribe.’’.

9 DOCUMENTATION OF MULTIFAMILY REFINANCINGS

10 SEC. 212. Notwithstanding the 16th paragraph under

11 the item relating to ‘‘administrative provisions’’ in title II

12 of the Departments of Veterans Affairs and Housing and

13 Urban Development, and Independent Agencies Appropria14 tions Act, 1995 (Public Law 103–327; 108 Stat. 2316), the

15 amendments to section 223(a)(7) of the National Housing

16 Act made by the 15th paragraph of such Act shall be effec17 tive during fiscal year 1996 and thereafter.

18 FHA MULTIFAMILY DEMONSTRATION AUTHORITY

19 SEC. 213. (a) On and after October 1, 1995, and before

20 October 1, 1997, the Secretary of Housing and Urban De21 velopment shall initiate a demonstration program with re22 spect to multifamily projects whose owners agree to partici23 pate and whose mortgages are insured under the National

24 Housing Act and that are assisted under section 8 of the

25 United States Housing Act of 1937 and whose present sec26 tion 8 rents are, in the aggregate, in excess of the fair mar-
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1 ket rent of the locality in which the project is located. These

2 programs shall be designed to test the feasibility and desir3 ability of the goal of ensuring, to the maximum extent prac4 ticable, that the debt service and operating expenses, includ5 ing adequate reserves, attributable to such multifamily

6 projects can be supported with or without mortgage insur7 ance under the National Housing Act and with or without

8 above-market rents and utilizing project-based assistance

9 or, with the consent of the property owner, tenant-based as10 sistance, while taking into account the need for assistance

11 of low- and very low-income families in such projects. In

12 carrying out this demonstration, the Secretary may use ar13 rangements with third parties, under which the Secretary

14 may provide for the assumption by the third parties (by

15 delegation, contract, or otherwise) of some or all of the func16 tions, obligations, and benefits of the Secretary.

17 (1) GOALS.—The Secretary of Housing and

18 Urban Development shall carry out the demonstration

19 programs under this section in a manner that—

20 (A) will protect the financial interests of the

21 Federal Government;

22 (B) will result in significant discretionary

23 cost savings through debt restructuring and sub24 sidy reduction; and
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1 (C) will, in the least costly fashion, address

2 the goals of—

3 (i) maintaining existing housing stock

4 in a decent, safe, and sanitary condition;

5 (ii) minimizing the involuntary dis6 placement of tenants;

7 (iii) restructuring the mortgages of

8 such projects in a manner that is consistent

9 with local housing market conditions;

10 (iv) supporting fair housing strategies;

11 (v) minimizing any adverse income

12 tax impact on property owners; and

13 (vi) minimizing any adverse impact

14 on residential neighborhoods.

15 In determining the manner in which a mortgage is

16 to be restructured or the subsidy reduced, the Sec17 retary may balance competing goals relating to indi18 vidual projects in a manner that will further the pur19 poses of this section.

20 (2) DEMONSTRATION APPROACHES.—In carrying

21 out the demonstration programs, subject to the appro22 priation in subsection (f), the Secretary may use one

23 or more of the following approaches:

24 (A) Joint venture arrangements with third

25 parties, under which the Secretary may provide
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1 for the assumption by the third parties (by dele2 gation, contract, or otherwise) of some or all of

3 the functions, obligations, and benefits of the Sec4 retary.

5 (B) Subsidization of the debt service of the

6 project to a level that can be paid by an owner

7 receiving an unsubsidized market rent.

8 (C) Renewal of existing project-based assist9 ance contracts where the Secretary shall approve

10 proposed initial rent levels that do not exceed the

11 greater of 120 percent of fair market rents or

12 comparable market rents for the relevant metro13 politan market area or at rent levels under a

14 budget-based approach.

15 (D) Nonrenewal of expiring existing project16 based assistance contracts and providing tenant17 based assistance to previously assisted house18 holds.

19 (b) For purposes of carrying out demonstration pro20 grams under subsection (a)—

21 (1) the Secretary may manage and dispose of

22 multifamily properties owned by the Secretary as of

23 October 1, 1995 and multifamily mortgages held by

24 the Secretary as of October 1, 1995 for properties as25 sisted under section 8 with rents above 110 percent of
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1 fair market rents without regard to any other provi2 sion of law; and

3 (2) the Secretary may delegate to one or more

4 entities the authority to carry out some or all of the

5 functions and responsibilities of the Secretary in con6 nection with the foreclosure of mortgages held by the

7 Secretary under the National Housing Act.

8 (c) For purposes of carrying out demonstration pro9 grams under subsection (a), subject to such third party con10 sents (if any) as are necessary including but not limited

11 to (i) consent by the Government National Mortgage Asso12 ciation where it owns a mortgage insured by the Secretary;

13 (ii) consent by an issuer under the mortgage-backed securi14 ties program of the Association, subject to the responsibil15 ities of the issuer to its security holders and the Association

16 under such program; and (iii) parties to any contractual

17 agreement which the Secretary proposes to modify or dis18 continue, and subject to the appropriation in subsection (c),

19 the Secretary or one or more third parties designated by

20 the Secretary may take the following actions:

21 (1) Notwithstanding any other provision of law,

22 and subject to the agreement of the project owner, the

23 Secretary or third party may remove, relinquish, ex24 tinguish, modify, or agree to the removal of any mort25 gage, regulatory agreement, project-based assistance
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1 contract, use agreement, or restriction that had been

2 imposed or required by the Secretary, including re3 strictions on distributions of income which the Sec4 retary or third party determines would interfere with

5 the ability of the project to operate without above

6 market rents. The Secretary or third party may re7 quire an owner of a property assisted under the sec8 tion 8 new construction/substantial rehabilitation

9 program to apply any accumulated residual receipts

10 toward effecting the purposes of this section.

11 (2) Notwithstanding any other provision of law,

12 the Secretary of Housing and Urban Development

13 may enter into contracts to purchase reinsurance, or

14 enter into participations or otherwise transfer eco15 nomic interest in contracts of insurance or in the pre16 miums paid, or due to be paid, on such insurance to

17 third parties, on such terms and conditions as the

18 Secretary may determine.

19 (3) The Secretary may offer project-based assist20 ance with rents at or below fair market rents for the

21 locality in which the project is located and may nego22 tiate such other terms as are acceptable to the Sec23 retary and the project owner.

24 (4) The Secretary may offer to pay all or a por25 tion of the project’s debt service, including payments
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1 monthly from the appropriate Insurance Fund, for

2 the full remaining term of the insured mortgage.

3 (5) Notwithstanding any other provision of law,

4 the Secretary may forgive and cancel any FHA-in5 sured mortgage debt that a demonstration program

6 property cannot carry at market rents while bearing

7 full operating costs.

8 (6) For demonstration program properties that

9 cannot carry full operating costs (excluding debt serv10 ice) at market rents, the Secretary may approve

11 project-based rents sufficient to carry such full operat12 ing costs and may offer to pay the full debt service

13 in the manner provided in paragraph (4).

14 (d) COMMUNITY AND TENANT INPUT.—In carrying out

15 this section, the Secretary shall develop procedures to pro16 vide appropriate and timely notice to officials of the unit

17 of general local government affected, the community in

18 which the project is situated, and the tenants of the project.

19 (e) LIMITATION ON DEMONSTRATION AUTHORITY.—

20 The Secretary may carry out demonstration programs

21 under this section with respect to mortgages not to exceed

22 15,000 units. The demonstration authorized under this sec23 tion shall not be expanded until the reports required under

24 subsection (g) are submitted to the Congress.
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1 (f) APPROPRIATION.—For the cost of modifying loans

2 held or guaranteed by the Federal Housing Administration,

3 as authorized by this subsection (a)(2) and subsection (c),

4 $15,000,000, to remain available until September 30, 1997:

5 Provided, That such costs shall be as defined in section 502

6 of the Congressional Budget Act of 1974, as amended.

7 (g) REPORT TO CONGRESS.—The Secretary shall sub8 mit to the Congress every six months after the date of enact9 ment of this Act a report describing and assessing the pro10 grams carried out under the demonstrations. The Secretary

11 shall also submit a final report to the Congress not later

12 than six months after the end of the demonstrations. The

13 reports shall include findings and recommendations for any

14 legislative action appropriate. The reports shall also include

15 a description of the status of each multifamily housing

16 project selected for the demonstrations under this section.

17 The final report may include—

18 (1) the size of the projects;

19 (2) the geographic locations of the projects, by

20 State and region;

21 (3) the physical and financial condition of the

22 projects;

23 (4) the occupancy profile of the projects, includ24 ing the income, family size, race, and ethnic origin
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1 of current tenants, and the rents paid by such ten2 ants;

3 (5) a description of actions undertaken pursuant

4 to this section, including a description of the effective5 ness of such actions and any impediments to the

6 transfer or sale of multifamily housing projects;

7 (6) a description of the extent to which the dem8 onstrations under this section have displaced tenants

9 of multifamily housing projects;

10 (7) a description of any of the functions per11 formed in connection with this section that are trans12 ferred or contracted out to public or private entities

13 or to States;

14 (8) a description of the impact to which the dem15 onstrations under this section have affected the local16 ities and communities where the selected multifamily

17 housing projects are located; and

18 (9) a description of the extent to which the dem19 onstrations under this section have affected the owners

20 of multifamily housing projects.

21 ASSESSMENT COLLECTION DATES FOR OFFICE OF FEDERAL

22 HOUSING ENTERPRISE OVERSIGHT

23 SEC. 216. Section 1316(b) of the Housing and Commu24 nity Development Act of 1992 (12 U.S.C. 4516(b)) is

25 amended by striking paragraph (2) and inserting the fol26 lowing new paragraph:
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1 ‘‘(2) TIMING OF PAYMENT.—The annual assessment

2 shall be payable semiannually for each fiscal year, on Octo3 ber 1 and April 1.’’.

4 MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL

5 OF EXPIRING SECTION 8 SUBSIDY CONTRACTS AND AN6 NUAL CONTRIBUTIONS FOR ASSISTED HOUSING

7 SEC. 217. All remaining obligated and unobligated

8 balances in the Renewal of Expiring Section 8 Subsidy

9 Contracts account on September 30, 1995, shall imme10 diately thereafter be transferred to and merged with the ob11 ligated and unobligated balances, respectively, of the An12 nual Contributions for Assisted Housing account.

13 DEBT FORGIVENESS

14 SEC. 218. (a) The Secretary of Housing and Urban

15 Development shall cancel the indebtedness of the Hubbard

16 Hospital Authority of Hubbard, Texas, relating to the pub17 lic facilities loan for Project Number PFL–TEX–215, issued

18 under title II of the Housing Amendments of 1955. Such

19 hospital authority is relieved of all liability to the Govern20 ment for the outstanding principal balance on such loan,

21 for the amount of accrued interest on such loan, and for

22 any fees and charges payable in connection with such loan.

23 (b) The Secretary of Housing and Urban Development

24 shall cancel the indebtedness of the Groveton Texas Hospital

25 Authority relating to the public facilities loan for Project

26 Number TEX–41–PFL0162, issued under title II of the
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1 Housing Amendments of 1955. Such hospital authority is

2 relieved of all liability to the Government for the outstand3 ing principal balance on such loan, for the amount of ac4 crued interest on such loan, and for any fees and charges

5 payable in connection with such loan.

6 (c) The Secretary of Housing and Urban Development

7 shall cancel the indebtedness of the Hepzibah Public Service

8 District of Hepzibah, West Virginia, relating to the public

9 facilities loan for Project Number WV–46–PFL0031, issued

10 under title II of the Housing Amendments of 1955. Such

11 public service district is relieved of all liability to the Gov12 ernment for the outstanding principal balance on such loan,

13 for the amount of accrued interest on such loan, and for

14 any fees and charges payable in connection with such loan.

15 CLARIFICATIONS

16 SEC. 219. For purposes of Federal law, the Paul Mira17 bile Center in San Diego, California, including areas with18 in such Center that are devoted to the delivery of supportive

19 services, has been determined to satisfy the ‘‘continuum of

20 care’’ requirements of the Department of Housing and

21 Urban Development, and shall be treated as—

22 (a) consisting solely of residential units that (i)

23 contain sleeping accommodations and kitchen and

24 bathroom facilities, (ii) are located in a building that

25 is used exclusively to facilitate the transition of home26 less individuals (within the meaning of section 103 of
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1 the Stewart B. McKinney Homeless Assistance Act

2 (42 U.S.C. 11302), as in effect on December 19, 1989)

3 to independent living within 24 months, (iii) are

4 suitable for occupancy, with each cubicle constituting

5 a separate bedroom and residential unit, (iv) are used

6 on other than a transient basis, and (v) shall be origi7 nally placed in service on November 1, 1995; and

8 (b) property that is entirely residential rental

9 property, namely, a project for residential rental

10 property.

11 EMPLOYMENT LIMITATIONS

12 SEC. 220. (a) By the end of fiscal year 1996 the De13 partment of Housing and Urban Development shall employ

14 no more than eight Assistant Secretaries, notwithstanding

15 section 4(a) of the Department of Housing and Urban De16 velopment Act.

17 (b) By the end of fiscal year 1996 the Department of

18 Housing and Urban Development shall employ no more

19 than 85 schedule C and 20 non-career senior executive serv20 ice employees.

21 USE OF FUNDS

22 SEC. 221. (a) Of the $93,400,000 earmarked in Public

23 Law 101–144 (103 Stat. 850), as amended by Public Law

24 101–302 (104 Stat. 237), for special projects and purposes,

25 any amounts remaining of the $500,000 made available to

26 Bethlehem House in Highland, California, for site planning
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1 and loan acquisition shall instead be made available to the

2 County of San Bernardino in California to assist with the

3 expansion of the Los Padrinos Gang Intervention Program

4 and the Unity Home Domestic Violence Shelter.

5 (b) The amount made available for fiscal year 1995

6 for the removal of asbestos from an abandoned public school

7 building in Toledo, Ohio shall be made available for the

8 renovation and rehabilitation of an industrial building at

9 the University of Toledo in Toledo, Ohio.

10 LEAD-BASED PAINT ABATEMENT

11 SEC. 222. (a) Section 1011 of Title X—Residential

12 Lead-Based Paint Hazard Reduction Act of 1992 is amend13 ed as follows: Strike ‘‘priority housing’’ wherever it appears

14 in said section and insert ‘‘housing’’.

15 (b) Section 1011(a) shall be amended as follows: At

16 the end of the subsection after the period, insert: ‘‘Grants

17 shall only be made under this section to provide assistance

18 for housing which meets the following criteria—

19 ‘‘(1) for grants made to assist rental housing, at

20 least 50 percent of the units must be occupied by or

21 made available to families with incomes at or below

22 50 percent of the area median income level and the

23 remaining units shall be occupied or made available

24 to families with incomes at or below 80 percent of the

25 area median income level, and in all cases the land26 lord shall give priority in renting units assisted
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1 under this section, for not less than 3 years following

2 the completion of lead abatement activities, to fami3 lies with a child under the age of six years, except

4 that buildings with five or more units may have 20

5 percent of the units occupied by families with incomes

6 above 80 percent of area median income level;

7 ‘‘(2) for grants made to assist housing owned by

8 owner-occupants, all units assisted with grants under

9 this section shall be the principal residence of families

10 with income at or below 80 percent of the area me11 dian income level, and not less than 90 percent of the

12 units assisted with grants under this section shall be

13 occupied by a child under the age of six years or shall

14 be units where a child under the age of six years

15 spends a significant amount of time visiting; and

16 ‘‘(3) notwithstanding paragraphs (1) and (2),

17 Round II grantees who receive assistance under this

18 section may use such assistance for priority hous19 ing.’’.

20 EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS

21 WITH PHAS

22 SEC. 223. Section 9(a)(3)(B)(i) of the United States

23 Housing Act of 1937 is amended by striking ‘‘for a period

24 not to exceed 6 years’’.
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1 MORTGAGE NOTE SALES

2 SEC. 223A. The first sentence of section

3 221(g)(4)(C)(viii) of the National Housing Act is amended

4 by striking ‘‘September 30, 1995’’ and inserting in lieu

5 thereof ‘‘September 30, 1996’’.

6 REPEAL OF FROST-LELAND

7 SEC. 223B. Section 415 of the Department of Housing

8 and Urban Development—Independent Agencies Appro9 priations Act, 1988 (Public Law 100–202; 101 Stat. 1329–

10 213) is repealed effective the date of enactment of Public

11 Law 104–19. The Secretary is authorized to demolish the

12 structures identified in such section. The Secretary is also

13 authorized to compensate those local governments which,

14 due to this provision, expended local revenues demolishing

15 the developments identified in such provision.

16 FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM

17 SEC. 223C. (a) CORRECTION TO FORECLOSURE AVOID18 ANCE PROVISION.— The penultimate proviso of section

19 204(a) of the National Housing Act (12 U.S.C. 1710(a)).

20 As added by section 407(a) of the Balanced Budget Down21 payment Act, I, is amended by striking ‘‘special fore22 closure’’ and inserting in lieu thereof ‘‘special

23 forebearance’’.

24 (b) CORRECTION TO SAVINGS PROVISION.—Section

25 230(d) of the National Housing Act, as amended by section
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1 407(b) of the Balanced Budget Downpayment Act, I, is

2 amended to read as follows:

3 ‘‘(d) SAVINGS PROVISION.—Any mortgage for which

4 the mortgagor has applied to the Secretary, before March

5 15, 1996, for assignment pursuant to subsection (b) of this

6 section as in effect before enactment of the Balanced Budget

7 Downpayment Act, I, shall continue to be governed by the

8 provisions of this section as in effect immediately before en9 actment of the Balanced Budget Downpayment Act, I.’’

10 (c) CORRECTION TO DATE FOR REGULATIONS.—Sec11 tion 407(d) of the Balanced Budget Downpayment Act, I,

12 is amended to read as follows:

13 ‘‘(d) REGULATIONS.—Not later than April 15, 1996,

14 the Secretary of Housing and Urban Development shall

15 issue interim regulations to implement this section and the

16 amendments made by this section.’’

17 SPENDING LIMITATIONS

18 SEC. 223D. (a) None of the funds in this Act may be

19 used by the Secretary to impose any sanction, or penalty

20 because of the enactment of any State or local law or regula21 tion declaring English as the official language.

22 (b) No part of any appropriation contained in this

23 Act shall be used for lobbying activities as prohibited by

24 law.
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1 TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF

2 JUSTICE

3 SEC. 223E. All functions, activities and responsibil4 ities of the Secretary of Housing and Urban Development

5 relating to title VIII of the Civil Rights Act of 1968, as

6 amended by the Fair Housing Amendments Act of 1988,

7 and the Fair Housing Act, including any rights guaranteed

8 under the Fair Housing Act (including any functions relat9 ing to the Fair Housing Initiatives program under section

10 561 of the Housing and Community Development Act of

11 1987), are hereby transferred to the Attorney General of the

12 United States effective April 1, 1997: Provided, That none

13 of the aforementioned authority or responsibility for en14 forcement of the Fair Housing Act shall be transferred to

15 the Attorney General until adequate personnel and re16 sources allocated to such activity at the Department of

17 Housing and Urban Development are transferred to the De18 partment of Justice.

19 SEC. 224. None of the funds provided in this Act may

20 be used during fiscal year 1996 to investigate or prosecute

21 under the Fair Housing Act (42 U.S.C. 3601, et seq.) any

22 otherwise lawful activity engaged in by one or more per23 sons, including the filing or maintaining of non-frivolous

24 legal action, that is engaged in solely for the purposes of
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1 achieving or preventing action by a Government official,

2 entity, or court of competent jurisdiction.

3 SEC. 225. None of the funds provided in this Act many

4 be used to take any enforcement action with respect to a

5 complaint of discrimination under the Fair Housing Act

6 (42 U.S.C. 3601, et seq.) on the basis of familial status and

7 which involves an occupancy standard established by the

8 housing provider except to the extent that it is found that

9 there has been discrimination in contravention of the stand10 ards provided in the March 20, 1991 Memorandum from

11 the General Counsel of the Department of Housing and

12 Urban Development to all Regional Counsel or until such

13 time that HUD issues a final rule in accordance with sec14 tion 553 of title 5, United States Code.

15 CDBG ELIGIBLE ACTIVITIES

16 SEC. 226. Section 105(a) of the Housing and Commu17 nity Development Act of 1974 (42 U.S.C. 5305(a)) is

18 amended—

19 (1) in paragraph (4)—

20 (A) by inserting ‘‘reconstruction,’’ after ‘‘re21 moval,’’; and

22 (B) by striking ‘‘acquisition for rehabilita23 tion, and rehabilitation’’ and inserting ‘‘acquisi24 tion for reconstruction or rehabilitation, and re25 construction or rehabilitation’’;
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1 (2) in paragraph (13), by striking ‘‘and’’ at the

2 end;

3 (3) by striking paragraph (19);

4 (4) in paragraph (24), by striking ‘‘and’’ at the

5 end;

6 (5) in paragraph (25), by striking the period at

7 the end and inserting ‘‘; and’’;

8 (6) by redesignating paragraphs (20) through

9 (25) as paragraphs (19) through (24), respectively;

10 and

11 (7) by redesignating paragraph (21) (as added

12 by section 1012(f)(3) of the Housing and Community

13 Development Act of 1992) as paragraph (25).

14 SEC. 227. (a) The second sentence of section 236(f)(1)

15 of the National Housing Act, as amended by section

16 405(d)(1) of The Balanced Budget Downpayment Act, I,

17 is amended—

18 (1) by striking ‘‘or (ii)’’ and inserting ‘‘(ii)’’;

19 and

20 (2) by striking ‘‘located,’’ and inserting: ‘‘lo21 cated, or (iii) the actual rent (as determined by the

22 Secretary) paid for a comparable unit in comparable

23 unassisted housing in the market area in which the

24 housing assisted under this section is located,’’.
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1 (b) The first sentence of section 236(g) of the National

2 Housing Act is amended by inserting the phrase ‘‘on a unit3 by-unit basis’’ after ‘‘collected’’.

4 TITLE III

5 INDEPENDENT AGENCIES

6 AMERICAN BATTLE MONUMENTS COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses, not otherwise provided for, of

9 the American Battle Monuments Commission, including the

10 acquisition of land or interest in land in foreign countries;

11 purchases and repair of uniforms for caretakers of national

12 cemeteries and monuments outside of the United States and

13 its territories and possessions; rent of office and garage

14 space in foreign countries; purchase (one for replacement

15 only) and hire of passenger motor vehicles; and insurance

16 of official motor vehicles in foreign countries, when required

17 by law of such countries; $20,265,000, to remain available

18 until expended: Provided, That where station allowance has

19 been authorized by the Department of the Army for officers

20 of the Army serving the Army at certain foreign stations,

21 the same allowance shall be authorized for officers of the

22 Armed Forces assigned to the Commission while serving at

23 the same foreign stations, and this appropriation is hereby

24 made available for the payment of such allowance: Provided

25 further, That when traveling on business of the Commission,
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1 officers of the Armed Forces serving as members or as Sec2 retary of the Commission may be reimbursed for expenses

3 as provided for civilian members of the Commission: Pro4 vided further, That the Commission shall reimburse other

5 Government agencies, including the Armed Forces, for sal6 ary, pay, and allowances of personnel assigned to it.

7 DEPARTMENT OF THE TREASURY

8 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

9 PROGRAM ACCOUNT

10 For grants, loans, and technical assistance to qualify11 ing community development financial institutions, and ad12 ministrative expenses of the Fund, $50,000,000, to remain

13 available until September 30, 1997: Provided, That of the

14 funds made available under this heading not to exceed

15 $4,000,000 may be used for the cost of direct loans, and

16 not to exceed $400,000 may be used for administrative ex17 penses to carry out the direct loan program: Provided fur18 ther, That the cost of direct loans, including the cost of

19 modifying such loans, shall be defined as in section 502 of

20 the Congressional Budget Act of 1974: Provided further,

21 That such funds are available to subsidize gross obligations

22 for the principal amount of direct loans not to exceed

23 $31,600,000: Provided further, That none of these funds

24 shall be used to supplement existing resources provided to

25 the Department for activities such as external affairs, gen26 eral counsel, administration, finance, or office of inspector
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1 general: Provided further, That none of these funds shall

2 be available for expenses of an Administrator as defined in

3 section 104 of the Community Development Banking and

4 Financial Institutions Act of 1994 (CDBFI Act): Provided

5 further, That notwithstanding any other provision of law,

6 for purposes of administering the Community Development

7 Financial Institutions Fund, the Secretary of the Treasury

8 shall have all powers and rights of the Administrator of

9 the CDBFI Act and the Fund shall be within the Depart10 ment of the Treasury.

11 CONSUMER PRODUCT SAFETY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Consumer Product Safety

14 Commission, including hire of passenger motor vehicles,

15 services as authorized by 5 U.S.C. 3109, but at rates for

16 individuals not to exceed the per diem rate equivalent to

17 the rate for GS–18, purchase of nominal awards to recog18 nize non-Federal officials’ contributions to Commission ac19 tivities, and not to exceed $500 for official reception and

20 representation expenses, $40,000,000.

21 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

22 NATIONAL AND COMMUNITY SERVICE PROGRAMS

23 OPERATING EXPENSES

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses for the Corporation for Na26 tional and Community Service (referred to in the matter
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1 under this heading as the ‘‘Corporation’’) in carrying out

2 programs, activities, and initiatives under the National

3 and Community Service Act of 1990 (referred to in the mat4 ter under this heading as the ‘‘Act’’) (42 U.S.C. 12501 et

5 seq.), $383,500,000, of which $234,000,000 shall be avail6 able for obligation from September 1, 1996, through August

7 21, 1997: Provided, That not more than $25,000,000 shall

8 be available for administrative expenses authorized under

9 section 501(a)(4) of the Act (42 U.S.C. 12681(a)(4)): Pro10 vided further, That not more than $2,500 shall be for offi11 cial reception and representation expenses: Provided fur12 ther, That not more than $59,000,000, to remain available

13 without fiscal year limitation, shall be transferred to the

14 National Service Trust account for educational awards au15 thorized under subtitle D of title I of the Act (42 U.S.C.

16 12601 et seq.): Provided further, That not more than

17 $175,000,000 of the amount provided under this heading

18 shall be available for grants under the National Service

19 Trust program authorized under subtitle C of title I of the

20 Act (42 U.S.C. 12571 et seq.) (relating to activities includ21 ing the Americorps program): Provided further, That not

22 more than $3,500,000 of the funds made available under

23 this heading shall be made available for the Points of Light

24 Foundation for activities authorized under title III of the

25 Act (42 U.S.C. 12661 et seq.): Provided further, That not
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1 more than $40,000,000 of the funds made available under

2 this heading may be used to administer, reimburse, or sup3 port any national service program authorized under section

4 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), and none

5 of such funds shall be available for national service pro6 grams run by Federal agencies authorized under section

7 121(b) of such Act (42 U.S.C. 12581(b)): Provided further,

8 That, to the maximum extent feasible, funds appropriated

9 in the preceding proviso shall be provided in a manner that

10 is consistent with the recommendations of peer review pan11 els in order to ensure that priority is given to programs

12 that demonstrate quality, innovation, replicability, and

13 sustainability: Provided further, That not more than

14 $18,000,000 of the funds made available under this heading

15 shall be available for the Civilian Community Corps au16 thorized under subtitle E of title I of the Act (42 U.S.C.

17 12611 et seq.): Provided further, That not more than

18 $43,000,000 shall be available for school-based and commu19 nity-based service-learning programs authorized under sub20 title B of title I of the Act (42 U.S.C. 12521 et seq.): Pro21 vided further, That not more than $15,000,000 shall be

22 available for quality and innovation activities authorized

23 under subtitle H of title I of the Act (42 U.S.C. 12653 et

24 seq.): Provided further, That not more than $5,000,000 shall

25 be available for audits and other evaluations authorized
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1 under section 179 of the Act (42 U.S.C. 12639), of which

2 up to $500,000 shall be available for a study by the Na3 tional Academy of Public Administration on the structure,

4 organization, and management of the Corporation and ac5 tivities supported by the Corporation, including an assess6 ment of the quality, innovation, replicability, and sustain7 ability without Federal funds of such activities, and the

8 Federal and non-federal cost of supporting participants in

9 community service activities: Provided further, That no

10 funds from any other appropriation, or from funds other11 wise made available to the Corporation, shall be used to

12 pay for personnel compensation and benefits, travel, or any

13 other administrative expense for the Board of Directors, the

14 Office of the Chief Executive Officer, the Office of the Man15 aging Director, the Office of the Chief Financial Officer,

16 the Office of National and Community Service Programs,

17 the Civilian Community Corps, or any field office or staff

18 of the Corporation working on the National and Commu19 nity Service or Civilian Community Corps programs: Pro20 vided further, That to the maximum extent practicable, the

21 Corporation shall increase significantly the level of match22 ing funds and in-kind contributions provided by the private

23 sector, shall expand significantly the number of educational

24 awards provided under subtitle D of title 1, and shall re25 duce the total Federal cost per participant in all programs.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General

4 Act of 1978, $2,000,000.

5 COURT OF VETERANS APPEALS

6 SALARIES AND EXPENSES

7 For necessary expenses for the operation of the United

8 States Court of Veterans Appeals as authorized by 38

9 U.S.C. sections 7251–7292, $9,000,000, of which not to ex10 ceed $678,000, to remain available until September 30,

11 1997, shall be available for the purpose of providing finan12 cial assistance as described, and in accordance with the

13 process and reporting procedures set forth, under this head

14 in Public Law 102–229.

15 DEPARTMENT OF DEFENSE—CIVIL

16 CEMETERIAL EXPENSES, ARMY

17 SALARIES AND EXPENSES

18 For necessary expenses, as authorized by law, for

19 maintenance, operation, and improvement of Arlington Na20 tional Cemetery and Soldiers’ and Airmen’s Home Na21 tional Cemetery, and not to exceed $1,000 for official recep22 tion and representation expenses; $11,946,000, to remain

23 available until expended.
692

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1 ENVIRONMENTAL PROTECTION AGENCY

2 SCIENCE AND TECHNOLOGY

3 For science and technology, including research and de4 velopment activities, which shall include research and devel5 opment activities under the Comprehensive Environmental

6 Response, Compensation and Liability Act of 1980

7 (CERCLA), as amended; necessary expenses for personnel

8 and related costs and travel expenses, including uniforms,

9 or allowances therefore, as authorized by 5 U.S.C. 5901–

10 5902; services as authorized by 5 U.S.C. 3109, but at rates

11 for individuals not to exceed the per diem rate equivalent

12 to the rate for GS–18; procurement of laboratory equipment

13 and supplies; other operating expenses in support of re14 search and development; construction, alteration, repair, re15 habilitation and renovation of facilities, not to exceed

16 $75,000 per project; $525,000,000, which shall remain

17 available until September 30, 1997.

18 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

19 For environmental programs and management, in20 cluding necessary expenses, not otherwise provided for, for

21 personnel and related costs and travel expenses, including

22 uniforms, or allowances therefore, as authorized by 5 U.S.C.

23 5901–5902; services as authorized by 5 U.S.C. 3109, but

24 at rates for individuals not to exceed the per diem rate

25 equivalent to the rate for GS–18; hire of passenger motor

26 vehicles; hire, maintenance, and operation of aircraft; pur-
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1 chase of reprints; library memberships in societies or asso2 ciations which issue publications to members only or at a

3 price to members lower than to subscribers who are not

4 members; construction, alteration, repair, rehabilitation,

5 and renovation of facilities, not to exceed $75,000 per

6 project; and not to exceed $6,000 for official reception and

7 representation expenses; $1,590,300,000, which shall re8 main available until September 30, 1997: Provided, That,

9 notwithstanding any other provision of law, for this fiscal

10 year and hereafter, an industrial discharger that is a phar11 maceutical manufacturing facility and discharged to the

12 Kalamazoo Water Reclamation Plant (an advanced

13 wastewater treatment plant with activated carbon) prior to

14 the date of enactment of this Act may be exempted from

15 categorical pretreatment standards under section 307(b) of

16 the Federal Water Pollution Control Act, as amended, if

17 the following conditions are met:

18 (1) the owner or operator of the Kalamazoo

19 Water Reclamation Plant applies to the State of

20 Michigan for an exemption for such industrial dis21 charger,

22 (2) the State or Administrator, as applicable,

23 approves such exemption request based upon a deter24 mination that the Kalamazoo Water Reclamation

25 Plant will provide treatment and pollution removal
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1 equivalent to or better than that which would be re2 quired through a combination of pretreatment by such

3 industrial discharger and treatment by the Kala4 mazoo Water Reclamation Plant in the absence of the

5 exemption, and

6 (3) compliance with paragraph (2) is addressed

7 by the provisions and conditions of a permit issued

8 to the Kalamazoo Water Reclamation Plant under

9 section 402 of such Act, and there exists an operative

10 financial contract between the City of Kalamazoo and

11 the industrial user and an approved local

12 pretreatment program, including a joint monitoring

13 program and local controls to prevent against inter14 ference and pass through.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral in carrying out the provisions of the Inspector General

18 Act of 1978, as amended, and for construction, alteration,

19 repair, rehabilitation, and renovation of facilities, not to

20 exceed $75,000 per project, $28,500,000.

21 BUILDINGS AND FACILITIES

22 For construction, repair, improvement, extension, al23 teration, and purchase of fixed equipment or facilities of,

24 or use by, the Environmental Protection Agency,

25 $60,000,000, to remain available until expended.
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1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the Comprehensive

4 Environmental Response, Compensation and Liability Act

5 of 1980 (CERCLA), as amended, including sections 111

6 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for

7 construction, alteration, repair, rehabilitation, and renova8 tion of facilities, not to exceed $75,000 per project; not to

9 exceed $1,263,400,000, to remain available until expended,

10 consisting of $1,013,400,000 as authorized by section 517(a)

11 of the Superfund Amendments and Reauthorization Act of

12 1986 (SARA), as amended by Public Law 101–508 (of

13 which, $100,000,000 shall not become available until Sep14 tember 1, 1996), and $250,000,000 as a payment from gen15 eral revenues to the Hazardous Substance Superfund as au16 thorized by section 517(b) of SARA, as amended by Public

17 Law 101–508: Provided, That funds appropriated under

18 this heading may be allocated to other Federal agencies in

19 accordance with section 111(a) of CERCLA: Provided fur20 ther, That $11,000,000 of the funds appropriated under this

21 heading shall be transferred to the Office of Inspector Gen22 eral appropriation to remain available until September 30,

23 1996: Provided further, That notwithstanding section

24 111(m) of CERCLA or any other provision of law, not to

25 exceed $59,000,000 of the funds appropriated under this

26 heading shall be available to the Agency for Toxic Sub-
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1 stances and Disease Registry to carry out activities de2 scribed in sections 104(i), 111(c)(4), and 111(c)(14) of

3 CERCLA and section 118(f) of the Superfund Amendments

4 and Reauthorization Act of 1986: Provided further, That

5 none of the funds appropriated under this heading shall be

6 available for the Agency for Toxic Substances and Disease

7 Registry to issue in excess of 40 toxicological profiles pursu8 ant to section 104(i) of CERCLA during fiscal year 1996:

9 Provided further, That none of the funds made available

10 under this heading may be used by the Environmental Pro11 tection Agency to propose for listing or to list any addi12 tional facilities on the National Priorities List established

13 by section 105 of the Comprehensive Environmental Re14 sponse, Compensation and Liability Act (CERCLA), as

15 amended (42 U.S.C. 9605), unless the Administrator re16 ceives a written request to propose for listing or to list a

17 facility from the Governor of the State in which the facility

18 is located, or unless legislation to reauthorize CERCLA is

19 enacted.

20 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out leaking under23 ground storage tank cleanup activities authorized by section

24 205 of the Superfund Amendments and Reauthorization Act

25 of 1986, and for construction, alteration, repair, rehabilita26 tion, and renovation of facilities, not to exceed $75,000 per
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1 project, $45,827,000, to remain available until expended:

2 Provided, That no more than $7,000,000 shall be available

3 for administrative expenses: Provided further, That

4 $500,000 shall be transferred to the Office of Inspector Gen5 eral appropriation to remain available until September 30,

6 1996.

7 OIL SPILL RESPONSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary to carry out the Environmental

10 Protection Agency’s responsibilities under the Oil Pollution

11 Act of 1990, $15,000,000, to be derived from the Oil Spill

12 Liability trust fund, and to remain available until ex13 pended: Provided, That not more than $8,000,000 of these

14 funds shall be available for administrative expenses.

15 STATE AND TRIBAL ASSISTANCE GRANTS

16 For environmental programs and infrastructure as17 sistance, including capitalization grants for State revolving

18 funds and performance partnership grants, $2,423,000,000,

19 to remain available until expended, of which

20 $1,500,000,000 shall be for making capitalization grants for

21 State revolving funds to support water infrastructure fi22 nancing; $100,000,000 for architectural, engineering, de23 sign, construction and related activities in connection with

24 the construction of high priority water and wastewater fa25 cilities in the area of the United States-Mexico Border, after

26 consultation with the appropriate border commission;
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1 $50,000,000 for grants to the State of Texas, which shall

2 be matched by an equal amount of State funds from State

3 resources, for the purpose of improving wastewater treat4 ment for colonias; $15,000,000 for grants to the State of

5 Alaska, subject to an appropriate cost share as determined

6 by the Administrator, to address wastewater infrastructure

7 needs of rural and Alaska Native villages; and $100,000,000

8 for making grants for the construction of wastewater treat9 ment facilities and the development of groundwater in ac10 cordance with the terms and conditions specified for such

11 grants in the Conference Report accompanying this Act

12 (H.R. 2099): Provided, That beginning in fiscal year 1996

13 and each fiscal year thereafter, and notwithstanding any

14 other provision of law, the Administrator is authorized to

15 make grants annually from funds appropriated under this

16 heading, subject to such terms and conditions as the Admin17 istrator shall establish, to any State or federally recognized

18 Indian tribe for multimedia or single media pollution pre19 vention, control and abatement and related environmental

20 activities at the request of the Governor or other appro21 priate State official or the tribe: Provided further, That

22 from funds appropriated under this heading, the Adminis23 trator may make grants to federally recognized Indian gov24 ernments for the development of multimedia environmental

25 programs: Provided further, That of the $1,500,000,000 for
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1 capitalization grants for State revolving funds to support

2 water infrastructure financing, $325,000,000 shall be for

3 drinking water State revolving funds, but if no drinking

4 water State revolving fund legislation is enacted by June

5 1, 1996, these funds shall immediately be available for mak6 ing capitalization grants under title VI of the Federal

7 Water Pollution Control Act, as amended: Provided further,

8 That of the funds made available in Public Law 103–327

9 and in Public Law 103–124 for capitalization grants for

10 State revolving funds to support water infrastructure fi11 nancing, $225,000,000 shall be made available for capital12 ization grants for State revolving funds under title VI of

13 the Federal Water Pollution Control Act, as amended, if

14 no drinking water State revolving fund legislation is en15 acted by June 1, 1996: Provided further, That of the funds

16 made available under this heading for capitalization grants

17 for State Revolving Funds under title VI of the Federal

18 Water Pollution Control Act, as amended, $50,000,000 shall

19 be for wastewater treatment in impoverished communities

20 pursuant to section 102(d) of H.R. 961 as approved by the

21 United States House of Representatives on May 16, 1995:

22 Provided further, That of the funds appropriated in the

23 Construction Grants and Water Infrastructure/State Re24 volving Funds accounts since the appropriation for the fis25 cal year ending September 30, 1992, and hereafter, for mak-
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1 ing grants for wastewater treatment works construction

2 projects, portions may be provided by the recipients to

3 States for managing construction grant activities, on condi4 tion that the States agree to reimburse the recipients from

5 State funding sources: Provided further, That the funds

6 made available in Public Law 103–327 for a grant to the

7 City of Mt. Arlington, New Jersey, in accordance with

8 House Report 103–715, shall be available for a grant to

9 that city for water and sewer improvements.

10 ADMINISTRATIVE PROVISIONS

11 SEC. 301. None of the funds provided in this Act may

12 be used within the Environmental Protection Agency for

13 any final action by the Administrator or her delegate for

14 signing and publishing for promulgation of a rule concern15 ing any new standard for radon in drinking water.

16 SEC. 302. None of the funds provided in this Act may

17 be used during fiscal year 1996 to sign, promulgate, imple18 ment or enforce the requirement proposed as ‘‘Regulation

19 of Fuels and Fuel Additives: Individual Foreign Refinery

20 Baseline Requirements for Reformulated Gasoline’’ at vol21 ume 59 of the Federal Register at pages 22800 through

22 22814.

23 SEC. 303. None of the funds appropriated to the Envi24 ronmental Protection Agency for fiscal year 1996 may be

25 used to implement section 404(c) of the Federal Water Pol26 lution Control Act, as amended. No pending action by the
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1 Environmental Protection Agency to implement section

2 404(c) with respect to an individual permit shall remain

3 in effect after the date of enactment of this Act.

4 SEC. 304. None of the funds appropriated under this

5 Act may be used to implement the requirements of section

6 186(b)(2), section 187(b) or section 211(m) of the Clean Air

7 Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with re8 spect to any moderate nonattainment area in which the av9 erage daily winter temperature is below 0 degrees Fahr10 enheit. The preceding sentence shall not be interpreted to

11 preclude assistance from the Environmental Protection

12 Agency to the State of Alaska to make progress toward meet13 ing the carbon monoxide standard in such areas and to re14 solve remaining issues regarding the use of oxygenated fuels

15 in such areas.

16 SEC. 305. Notwithstanding any other provision of law,

17 the Environmental Protection Agency shall: (1) transfer all

18 real property acquired in Bay City, Michigan, for the cre19 ation of the Center for Ecology, Research and Training

20 (CERT) to the City of Bay City or other local public or

21 municipal entity; and (2) make a grant in fiscal year 1996

22 to the recipient of the property of not less than $3,000,000

23 from funds previously appropriated for the CERT project

24 for the purpose of environmental remediation and rehabili25 tation of real property included in the boundaries of the
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1 CERT project. The disposition of property shall be by dona2 tion or no-cost transfer and shall be made to the City of

3 Bay City, Michigan or other local public or municipal en4 tity.

5 Further, notwithstanding any other provision of law,

6 the agency shall have the authority to demolish or dispose

7 of any improvements on such real property, or to donate,

8 sell, or transfer any personal property or improvements on

9 such real property to members of the general public, by auc10 tion or public sale, and to apply any funds received to costs

11 related to the transfer of the real property authorized here12 under.

13 EXECUTIVE OFFICE OF THE PRESIDENT

14 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

15 For necessary expenses of the Office of Science and

16 Technology Policy, in carrying out the purposes of the Na17 tional Science and Technology Policy, Organization, and

18 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of

19 passenger motor vehicles, services as authorized by 5 U.S.C.

20 3109, not to exceed $2,500 for official reception and rep21 resentation expenses, and rental of conference rooms in the

22 District of Columbia, $4,981,000: Provided, That the Office

23 of Science and Technology Policy shall reimburse other

24 agencies for not less than one-half of the personnel com25 pensation costs of individuals detailed to it.
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1 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

2 ENVIRONMENTAL QUALITY

3 For necessary expenses to continue functions assigned

4 to the Council on Environmental Quality and Office of En5 vironmental Quality pursuant to the National Environ6 mental Policy Act of 1969, the Environmental Improvement

7 Act of 1970 and Reorganization Plan No. 1 of 1977,

8 $2,180,000.

9 FEDERAL EMERGENCY MANAGEMENT AGENCY

10 DISASTER RELIEF

11 For necessary expenses in carrying out the functions

12 of the Robert T. Stafford Disaster Relief and Emergency

13 Assistance Act (42 U.S.C. 5121 et seq.), $222,000,000, to

14 remain available until expended.

15 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

16 For the cost of direct loans, $2,155,000, as authorized

17 by section 319 of the Robert T. Stafford Disaster Relief and

18 Emergency Assistance Act (42 U.S.C. 5121 et seq.): Pro19 vided, That such costs, including the cost of modifying such

20 loans, shall be as defined in section 502 of the Congressional

21 Budget Act of 1974, as amended: Provided further, That

22 these funds are available to subsidize gross obligations for

23 the principal amount of direct loans not to exceed

24 $25,000,000.

25 In addition, for administrative expenses to carry out

26 the direct loan program, $95,000.
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1 SALARIES AND EXPENSES

2 For necessary expenses, not otherwise provided for, in3 cluding hire and purchase of motor vehicles (31 U.S.C.

4 1343); uniforms, or allowances therefor, as authorized by

5 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

6 3109, but at rates for individuals not to exceed the per diem

7 rate equivalent to the rate for GS–18; expenses of attend8 ance of cooperating officials and individuals at meetings

9 concerned with the work of emergency preparedness; trans10 portation in connection with the continuity of Government

11 programs to the same extent and in the same manner as

12 permitted the Secretary of a Military Department under

13 10 U.S.C. 2632; and not to exceed $2,500 for official recep14 tion and representation expenses; $168,900,000.

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector

17 General in carrying out the provisions of the Inspector Gen18 eral Act of 1978, as amended, $4,673,000.

19 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

20 For necessary expenses, not otherwise provided for, to

21 carry out activities under the National Flood Insurance Act

22 of 1968, as amended, and the Flood Disaster Protection Act

23 of 1973, as amended (42 U.S.C. 4001 et seq.), the Robert

24 T. Stafford Disaster Relief and Emergency Assistance Act

25 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc26 tion Act of 1977, as amended (42 U.S.C. 7701 et seq.), the
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1 Federal Fire Prevention and Control Act of 1974, as

2 amended (15 U.S.C. 2201 et seq.), the Defense Production

3 Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sec4 tions 107 and 303 of the National Security Act of 1947,

5 as amended (50 U.S.C. 404–405), and Reorganization Plan

6 No. 3 of 1978, $203,044,000.

7 EMERGENCY FOOD AND SHELTER PROGRAM

8 There is hereby appropriated $100,000,000 to the Fed9 eral Emergency Management Agency to carry out an emer10 gency food and shelter program pursuant to title III of Pub11 lic Law 100–77, as amended: Provided, That total adminis12 trative costs shall not exceed three and one-half per centum

13 of the total appropriation.

14 NATIONAL FLOOD INSURANCE FUND

15 For activities under the National Flood Insurance Act

16 of 1968, the Flood Disaster Protection Act of 1973, and the

17 National Flood Insurance Reform Act of 1994, not to exceed

18 $20,562,000 for salaries and expenses associated with flood

19 mitigation and flood insurance operations, and not to ex20 ceed $70,464,000 for flood mitigation, including up to

21 $12,000,000 for expenses under section 1366 of the National

22 Flood Insurance Act of 1968, as amended, which amount

23 shall be available until September 30, 1997. In fiscal year

24 1996, no funds in excess of (1) $47,000,000 for operating

25 expenses, (2) $292,526,000 for agents’ commissions and

26 taxes, and (3) $3,500,000 for interest on Treasury borrow-
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1 ings shall be available from the National Flood Insurance

2 Fund without prior notice to the Committees on Appropria3 tions.

4 ADMINISTRATIVE PROVISION

5 The Director of the Federal Emergency Management

6 Agency shall promulgate through rulemaking a methodology

7 for assessment and collection of fees to be assessed and col8 lected beginning in fiscal year 1996 applicable to persons

9 subject to the Federal Emergency Management Agency’s ra10 diological emergency preparedness regulations. The aggre11 gate charges assessed pursuant to this section during fiscal

12 year 1996 shall approximate, but not be less than, 100 per

13 centum of the amounts anticipated by the Federal Emer14 gency Management Agency to be obligated for its radiologi15 cal emergency preparedness program for such fiscal year.

16 The methodology for assessment and collection of fees shall

17 be fair and equitable, and shall reflect the full amount of

18 costs of providing radiological emergency planning, pre19 paredness, response and associated services. Such fees will

20 be assessed in a manner that reflects the use of agency re21 sources for classes of regulated persons and the administra22 tive costs of collecting such fees. Fees received pursuant to

23 this section shall be deposited in the general fund of the

24 Treasury as offsetting receipts. Assessment and collection of

25 such fees are only authorized during fiscal year 1996.
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1 GENERAL SERVICES ADMINISTRATION

2 CONSUMER INFORMATION CENTER

3 For necessary expenses of the Consumer Information

4 Center, including services authorized by 5 U.S.C. 3109,

5 $2,061,000, to be deposited into the Consumer Information

6 Center Fund: Provided, That the appropriations, revenues

7 and collections deposited into the fund shall be available

8 for necessary expenses of Consumer Information Center ac9 tivities in the aggregate amount of $7,500,000. Administra10 tive expenses of the Consumer Information Center in fiscal

11 year 1996 shall not exceed $2,602,000. Appropriations, rev12 enues, and collections accruing to this fund during fiscal

13 year 1996 in excess of $7,500,000 shall remain in the fund

14 and shall not be available for expenditure except as author15 ized in appropriations Acts.

16 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

17 HUMAN SPACE FLIGHT

18 For necessary expenses, not otherwise provided for, in

19 the conduct and support of human space flight research and

20 development activities, including research; development; op21 erations; services; maintenance; construction of facilities in22 cluding repair, rehabilitation, and modification of real and

23 personal property, and acquisition or condemnation of real

24 property, as authorized by law; space flight, spacecraft con25 trol and communications activities including operations,
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1 production, and services; and purchase, lease, charter,

2 maintenance, and operation of mission and administrative

3 aircraft; $5,456,600,000, to remain available until Septem4 ber 30, 1997.

5 SCIENCE, AERONAUTICS AND TECHNOLOGY

6 For necessary expenses, not otherwise provided for, for

7 the conduct and support of science, aeronautics, and tech8 nology research and development activities, including re9 search; development; operations; services; maintenance; con10 struction of facilities including repair, rehabilitation and

11 modification of real and personal property, and acquisition

12 or condemnation of real property, as authorized by law;

13 space flight, spacecraft control and communications activi14 ties including operations, production, and services; and

15 purchase, lease, charter, maintenance, and operation of

16 mission and administrative aircraft; $5,845,900,000, to re17 main available until September 30, 1997.

18 MISSION SUPPORT

19 For necessary expenses, not otherwise provided for, in

20 carrying out mission support for human space flight pro21 grams and science, aeronautical, and technology programs,

22 including research operations and support; space commu23 nications activities including operations, production, and

24 services; maintenance; construction of facilities including

25 repair, rehabilitation, and modification of facilities, minor

26 construction of new facilities and additions to existing fa-
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1 cilities, facility planning and design, environmental com2 pliance and restoration, and acquisition or condemnation

3 of real property, as authorized by law; program manage4 ment; personnel and related costs, including uniforms or

5 allowances therefor, as authorized by law (5 U.S.C. 5901–

6 5902); travel expenses; purchase, lease, charter, mainte7 nance, and operation of mission and administrative air8 craft; not to exceed $35,000 for official reception and rep9 resentation expenses; and purchase (not to exceed thirty10 three for replacement only) and hire of passenger motor ve11 hicles; $2,502,200,000, to remain available until September

12 30, 1997.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of the Inspector

15 General in carrying out the provisions of the Inspector Gen16 eral Act of 1978, as amended, $16,000,000.

17 ADMINISTRATIVE PROVISIONS

18 (INCLUDING TRANSFER OF FUNDS)

19 Notwithstanding the limitation on the availability of

20 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

21 aeronautics and technology’’, or ‘‘Mission support’’ by this

22 appropriations Act, when any activity has been initiated

23 by the incurrence of obligations for construction of facilities

24 as authorized by law, the amount available for such activity

25 shall remain available until expended. This provision does

26 not apply to the amounts appropriated in ‘‘Mission sup-
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HR 3019 EAS

1 port’’ pursuant to the authorization for repair, rehabilita2 tion and modification of facilities, minor construction of

3 new facilities and additions to existing facilities, and facil4 ity planning and design.

5 Notwithstanding the limitation on the availability of

6 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

7 aeronautics and technology’’, or ‘‘Mission support’’ by this

8 appropriations Act, the amounts appropriated for construc9 tion of facilities shall remain available until September 30,

10 1998.

11 Notwithstanding the limitation on the availability of

12 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

13 Inspector General’’, amounts made available by this Act for

14 personnel and related costs and travel expenses of the Na15 tional Aeronautics and Space Administration shall remain

16 available until September 30, 1996 and may be used to

17 enter into contracts for training, investigations, cost associ18 ated with personnel relocation, and for other services, to be

19 provided during the next fiscal year.

20 The unexpired balances of prior appropriations to

21 NASA for activities for which funds are provided under this

22 Act may be transferred to the new account established for

23 the appropriation that provides funds for such activity

24 under this Act. Balances so transferred may be merged with

25 funds in the newly established account and thereafter may
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1 be accounted for as one fund to be available for the same

2 purposes and under the same terms and conditions.

3 Upon the determination by the Administrator that

4 such action is necessary, the Administrator may, with the

5 approval of the Office of Management and Budget, transfer

6 not to exceed $50,000,000 of funds made available in this

7 Act to the National Aeronautics and Space Administration

8 between such appropriations or any subdivision thereof, to

9 be merged with and to be available for the same purposes,

10 and for the same time period, as the appropriation to which

11 transferred: Provided, That such authority to transfer may

12 not be used unless for higher priority items, based on un13 foreseen requirements, than those for which originally ap14 propriated: Provided further, That the Administrator of the

15 National Aeronautics and Space Administration shall no16 tify the Congress promptly of all transfers made pursuant

17 to this authority.

18 NATIONAL CREDIT UNION ADMINISTRATION

19 CENTRAL LIQUIDITY FACILITY

20 During fiscal year 1996, gross obligations of the

21 Central Liquidity Facility for the principal amount of new

22 direct loans to member credit unions as authorized by the

23 National Credit Union Central Liquidity Facility Act (12

24 U.S.C. 1795) shall not exceed $600,000,000: Provided, That
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1 administrative expenses of the Central Liquidity Facility

2 in fiscal year 1996 shall not exceed $560,000.

3 NATIONAL SCIENCE FOUNDATION

4 RESEARCH AND RELATED ACTIVITIES

5 For necessary expenses in carrying out the purposes

6 of the National Science Foundation Act of 1950, as amend7 ed (42 U.S.C. 1861–1875), and the Act to establish a Na8 tional Medal of Science (42 U.S.C. 1880–1881); services as

9 authorized by 5 U.S.C. 3109; maintenance and operation

10 of aircraft and purchase of flight services for research sup11 port; acquisition of aircraft; $2,274,000,000, of which not

12 to exceed $235,000,000 shall remain available until ex13 pended for Polar research and operations support, and for

14 reimbursement to other Federal agencies for operational

15 and science support and logistical and other related activi16 ties for the United States Antarctic program; the balance

17 to remain available until September 30, 1997: Provided,

18 That receipts for scientific support services and materials

19 furnished by the National Research Centers and other Na20 tional Science Foundation supported research facilities

21 may be credited to this appropriation: Provided further,

22 That to the extent that the amount appropriated is less than

23 the total amount authorized to be appropriated for included

24 program activities, all amounts, including floors and ceil25 ings, specified in the authorizing Act for those program ac-
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1 tivities or their subactivities shall be reduced proportion2 ally.

3 MAJOR RESEARCH EQUIPMENT

4 For necessary expenses in carrying out major con5 struction projects, and related expenses, pursuant to the

6 purposes of the National Science Foundation Act of 1950,

7 as amended (42 U.S.C. 1861–1875), $70,000,000, to remain

8 available until expended.

9 ACADEMIC RESEARCH INFRASTRUCTURE

10 For necessary expenses in carrying out an academic

11 research infrastructure program pursuant to the purposes

12 of the National Science Foundation Act of 1950, as amend13 ed (42 U.S.C. 1861–1875), including services as authorized

14 by 5 U.S.C. 3109 and rental of conference rooms in the Dis15 trict of Columbia, $100,000,000, to remain available until

16 September 30, 1997.

17 EDUCATION AND HUMAN RESOURCES

18 For necessary expenses in carrying out science and en19 gineering education and human resources programs and ac20 tivities pursuant to the purposes of the National Science

21 Foundation Act of 1950, as amended (42 U.S.C. 1861–

22 1875), including services as authorized by 5 U.S.C. 3109

23 and rental of conference rooms in the District of Columbia,

24 $599,000,000, to remain available until September 30,

25 1997: Provided, That to the extent that the amount of this

26 appropriation is less than the total amount authorized to
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1 be appropriated for included program activities, all

2 amounts, including floors and ceilings, specified in the au3 thorizing Act for those program activities or their

4 subactivities shall be reduced proportionally.

5 SALARIES AND EXPENSES

6 For necessary salaries and expenses in carrying out

7 the purposes of the National Science Foundation Act of

8 1950, as amended (42 U.S.C. 1861–1875); services author9 ized by 5 U.S.C. 3109; hire of passenger motor vehicles; not

10 to exceed $9,000 for official reception and representation

11 expenses; uniforms or allowances therefor, as authorized by

12 law (5 U.S.C. 5901–5902); rental of conference rooms in

13 the District of Columbia; reimbursement of the General

14 Services Administration for security guard services;

15 $127,310,000: Provided, That contracts may be entered into

16 under salaries and expenses in fiscal year 1996 for mainte17 nance and operation of facilities, and for other services, to

18 be provided during the next fiscal year.

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the provisions of the Inspector General

22 Act of 1978, as amended, $4,490,000, to remain available

23 until September 30, 1997.
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1 NATIONAL SCIENCE FOUNDATION HEADQUARTERS

2 RELOCATION

3 For necessary support of the relocation of the National

4 Science Foundation, $5,200,000: Provided, That these funds

5 shall be used to reimburse the General Services Administra6 tion for services and related acquisitions in support of relo7 cating the National Science Foundation.

8 NEIGHBORHOOD REINVESTMENT CORPORATION

9 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

10 CORPORATION

11 For payment to the Neighborhood Reinvestment Cor12 poration for use in neighborhood reinvestment activities, as

13 authorized by the Neighborhood Reinvestment Corporation

14 Act (42 U.S.C. 8101–8107), $38,667,000.

15 SELECTIVE SERVICE SYSTEM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Selective Service System,

18 including expenses of attendance at meetings and of train19 ing for uniformed personnel assigned to the Selective Serv20 ice System, as authorized by law (5 U.S.C. 4101–4118) for

21 civilian employees; and not to exceed $1,000 for official re22 ception and representation expenses; $22,930,000: Provided,

23 That during the current fiscal year, the President may ex24 empt this appropriation from the provisions of 31 U.S.C.

25 1341, whenever he deems such action to be necessary in the
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1 interest of national defense: Provided further, That none of

2 the funds appropriated by the Act may be expended for or

3 in connection with the induction of any person into the

4 Armed Forces of the United States.

5 TITLE IV

6 CORPORATIONS

7 Corporations and agencies of the Department of Hous8 ing and Urban Development which are subject to the Gov9 ernment Corporation Control Act, as amended, are hereby

10 authorized to make such expenditures, within the limits of

11 funds and borrowing authority available to each such cor12 poration or agency and in accord with law, and to make

13 such contracts and commitments without regard to fiscal

14 year limitations as provided by section 104 of the Act as

15 may be necessary in carrying out the programs set forth

16 in the budget for 1996 for such corporation or agency except

17 as hereinafter provided: Provided, That collections of these

18 corporations and agencies may be used for new loan or

19 mortgage purchase commitments only to the extent ex20 pressly provided for in this Act (unless such loans are in

21 support of other forms of assistance provided for in this or

22 prior appropriations Acts), except that this proviso shall

23 not apply to the mortgage insurance or guaranty operations

24 of these corporations, or where loans or mortgage purchases
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1 are necessary to protect the financial interest of the United

2 States Government.

3 RESOLUTION TRUST CORPORATION

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector Gen6 eral in carrying out the provisions of the Inspector General

7 Act of 1978, as amended, $11,400,000.

8 TITLE V

9 GENERAL PROVISIONS

10 SEC. 501. Where appropriations in titles I, II, and

11 III of this Act are expendable for travel expenses and no

12 specific limitation has been placed thereon, the expenditures

13 for such travel expenses may not exceed the amounts set

14 forth therefor in the budget estimates submitted for the ap15 propriations: Provided, That this section shall not apply

16 to travel performed by uncompensated officials of local

17 boards and appeal boards of the Selective Service System;

18 to travel performed directly in connection with care and

19 treatment of medical beneficiaries of the Department of Vet20 erans Affairs; to travel performed in connection with major

21 disasters or emergencies declared or determined by the

22 President under the provisions of the Robert T. Stafford

23 Disaster Relief and Emergency Assistance Act; to travel

24 performed by the Offices of Inspector General in connection

25 with audits and investigations; or to payments to inter-
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1 agency motor pools where separately set forth in the budget

2 schedules: Provided further, That if appropriations in titles

3 I, II, and III exceed the amounts set forth in budget esti4 mates initially submitted for such appropriations, the ex5 penditures for travel may correspondingly exceed the

6 amounts therefor set forth in the estimates in the same pro7 portion.

8 SEC. 502. Appropriations and funds available for the

9 administrative expenses of the Department of Housing and

10 Urban Development and the Selective Service System shall

11 be available in the current fiscal year for purchase of uni12 forms, or allowances therefor, as authorized by law (5

13 U.S.C. 5901–5902); hire of passenger motor vehicles; and

14 services as authorized by 5 U.S.C. 3109.

15 SEC. 503. Funds of the Department of Housing and

16 Urban Development subject to the Government Corporation

17 Control Act or section 402 of the Housing Act of 1950 shall

18 be available, without regard to the limitations on adminis19 trative expenses, for legal services on a contract or fee basis,

20 and for utilizing and making payment for services and fa21 cilities of Federal National Mortgage Association, Govern22 ment National Mortgage Association, Federal Home Loan

23 Mortgage Corporation, Federal Financing Bank, Resolution

24 Trust Corporation, Federal Reserve banks or any member

25 thereof, Federal Home Loan banks, and any insured bank
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1 within the meaning of the Federal Deposit Insurance Cor2 poration Act, as amended (12 U.S.C. 1811–1831).

3 SEC. 504. No part of any appropriation contained in

4 this Act shall remain available for obligation beyond the

5 current fiscal year unless expressly so provided herein.

6 SEC. 505. No funds appropriated by this Act may be

7 expended—

8 (1) pursuant to a certification of an officer or

9 employee of the United States unless—

10 (A) such certification is accompanied by, or

11 is part of, a voucher or abstract which describes

12 the payee or payees and the items or services for

13 which such expenditure is being made, or

14 (B) the expenditure of funds pursuant to

15 such certification, and without such a voucher or

16 abstract, is specifically authorized by law; and

17 (2) unless such expenditure is subject to audit by

18 the General Accounting Office or is specifically ex19 empt by law from such audit.

20 SEC. 506. None of the funds provided in this Act to

21 any department or agency may be expended for the trans22 portation of any officer or employee of such department or

23 agency between his domicile and his place of employment,

24 with the exception of any officer or employee authorized
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1 such transportation under title 31, United States Code, sec2 tion 1344.

3 SEC. 507. None of the funds provided in this Act may

4 be used for payment, through grants or contracts, to recipi5 ents that do not share in the cost of conducting research

6 resulting from proposals not specifically solicited by the

7 Government: Provided, That the extent of cost sharing by

8 the recipient shall reflect the mutuality of interest of the

9 grantee or contractor and the Government in the research.

10 SEC. 508. None of the funds provided in this Act may

11 be used, directly or through grants, to pay or to provide

12 reimbursement for payment of the salary of a consultant

13 (whether retained by the Federal Government or a grantee)

14 at more than the daily equivalent of the rate paid for Level

15 IV of the Executive Schedule, unless specifically authorized

16 by law.

17 SEC. 509. None of the funds in this Act shall be used

18 to pay the expenses of, or otherwise compensate, non-Fed19 eral parties intervening in regulatory or adjudicatory pro20 ceedings. Nothing herein affects the authority of the

21 Consumer Product Safety Commission pursuant to section

22 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et

23 seq.).

24 SEC. 510. Except as otherwise provided under existing

25 law or under an existing Executive order issued pursuant
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1 to an existing law, the obligation or expenditure of any ap2 propriation under this Act for contracts for any consulting

3 service shall be limited to contracts which are (1) a matter

4 of public record and available for public inspection, and

5 (2) thereafter included in a publicly available list of all con6 tracts entered into within twenty-four months prior to the

7 date on which the list is made available to the public and

8 of all contracts on which performance has not been com9 pleted by such date. The list required by the preceding sen10 tence shall be updated quarterly and shall include a nar11 rative description of the work to be performed under each

12 such contract.

13 SEC. 511. Except as otherwise provided by law, no

14 part of any appropriation contained in this Act shall be

15 obligated or expended by any executive agency, as referred

16 to in the Office of Federal Procurement Policy Act (41

17 U.S.C. 401 et seq.) for a contract for services unless such

18 executive agency (1) has awarded and entered into such

19 contract in full compliance with such Act and the regula20 tions promulgated thereunder, and (2) requires any report

21 prepared pursuant to such contract, including plans, eval22 uations, studies, analyses and manuals, and any report

23 prepared by the agency which is substantially derived from

24 or substantially includes any report prepared pursuant to

25 such contract, to contain information concerning (A) the
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1 contract pursuant to which the report was prepared, and

2 (B) the contractor who prepared the report pursuant to such

3 contract.

4 SEC. 512. Except as otherwise provided in section 506,

5 none of the funds provided in this Act to any department

6 or agency shall be obligated or expended to provide a per7 sonal cook, chauffeur, or other personal servants to any offi8 cer or employee of such department or agency.

9 SEC. 513. None of the funds provided in this Act to

10 any department or agency shall be obligated or expended

11 to procure passenger automobiles as defined in 15 U.S.C.

12 2001 with an EPA estimated miles per gallon average of

13 less than 22 miles per gallon.

14 SEC. 514. Such sums as may be necessary for fiscal

15 year 1996 pay raises for programs funded by this Act shall

16 be absorbed within the levels appropriated in this Act.

17 SEC. 515. None of the funds appropriated in title I

18 of this Act shall be used to enter into any new lease of real

19 property if the estimated annual rental is more than

20 $300,000 unless the Secretary submits, in writing, a report

21 to the Committees on Appropriations of the Congress and

22 a period of 30 days has expired following the date on which

23 the report is received by the Committees on Appropriations.

24 SEC. 516. (a) PURCHASE OF AMERICAN-MADE EQUIP25 MENT AND PRODUCTS.—It is the sense of the Congress that,
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1 to the greatest extent practicable, all equipment and prod2 ucts purchased with funds made available in this Act should

3 be American-made.

4 (b) NOTICE REQUIREMENT.—In providing financial

5 assistance to, or entering into any contract with, any entity

6 using funds made available in this Act, the head of each

7 Federal agency, to the greatest extent practicable, shall pro8 vide to such entity a notice describing the statement made

9 in subsection (a) by the Congress.

10 SEC. 517. None of the funds appropriated in this Act

11 may be used to implement any cap on reimbursements to

12 grantees for indirect costs, except as published in Office of

13 Management and Budget Circular A–21.

14 SEC. 518. None of the funds made available in this

15 Act may be used for any program, project, or activity, when

16 it is made known to the Federal entity or official to which

17 the funds are made available that the program, project, or

18 activity is not in compliance with any Federal law relating

19 to risk assessment, the protection of private property rights,

20 or unfunded mandates.

21 SEC. 519. In fiscal year 1996, the Director of the Fed22 eral Emergency Management Agency shall sell the disaster

23 housing inventory of mobile homes and trailers, and the

24 proceeds thereof shall be deposited in the Treasury.
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1 SEC. 520. Such funds as may be necessary to carry

2 out the orderly termination of the Office of Consumer Af3 fairs shall be made available from funds appropriated to

4 the Department of Health and Human Services for fiscal

5 year 1996.

6 This Act may be cited as the ‘‘Departments of Veterans

7 Affairs and Housing and Urban Development, and Inde8 pendent Agencies Appropriations Act, 1996’’.

9 TITLE II—EMERGENCY SUPPLEMENTAL

10 APPROPRIATIONS FOR THE FISCAL

11 YEAR ENDING SEPTEMBER 30, 1996

12 CHAPTER 1

13 DEPARTMENT OF AGRICULTURE

14 NATURAL RESOURCES CONSERVATION SERVICE

15 WATERSHED AND FLOOD PREVENTION OPERATIONS

16 For an additional amount for ‘‘Watershed and Flood

17 Prevention Operations’’ to repair damages to waterways

18 and watersheds resulting from flooding in the Pacific

19 Northwest, the Northeast blizzards and floods, and other

20 natural disasters, $107,514,000, to remain available until

21 expended: Provided, That if the Secretary determines that

22 the cost of land and farm structures restoration exceeds the

23 fair market value of an affected cropland, the Secretary

24 may use sufficient amounts from funds provided under this

25 heading to accept bids from willing sellers to provide con-
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1 servation easements for such cropland inundated by floods

2 as provided for by the Wetlands Reserve Program, author3 ized by subchapter C of chapter 1 of subtitle D of title XII

4 of the Food Security Act of 1985 (16 U.S.C. 3837): Provided

5 further, That the entire amount shall be available only to

6 the extent that an official budget request for a specific dollar

7 amount, that includes designation of the entire amount of

8 the request as an emergency requirement as defined in the

9 Balanced Budget and Emergency Deficit Control Act of

10 1985, as amended, is transmitted by the President to Con11 gress: Provided further, That the entire amount is des12 ignated by Congress as an emergency requirement pursuant

13 to section 251(b)(2)(D)(i) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985, as amended.

15 CONSOLIDATED FARM SERVICE AGENCY

16 EMERGENCY CONSERVATION PROGRAM

17 For necessary expenses to carry into effect the program

18 authorized in sections 401, 402, and 404 of title IV of the

19 Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205) for

20 expenses resulting from floods in the Pacific Northwest and

21 other natural disasters, $30,000,000, to remain available

22 until expended, as authorized by 16 U.S.C. 2204: Provided,

23 That the entire amount shall be available only to the extent

24 that an official budget request for a specific dollar amount,

25 that includes designation of the entire amount of the request
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1 as an emergency requirement as defined in the Balanced

2 Budget and Emergency Deficit Control Act of 1985, as

3 amended, is transmitted by the President to Congress: Pro4 vided further, That the entire amount is designated by Con5 gress as an emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended.

8 RURAL HOUSING AND COMMUNITY DEVELOPMENT

9 SERVICE

10 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

11 For an additional amount for the ‘‘Rural Housing In12 surance Fund Program Account’’ for the cost of direct loans

13 to assist in the recovery from floods in the Pacific Northwest

14 and other natural disasters, to remain available until ex15 pended, $5,000,000 for the cost of section 502 direct loans;

16 and $1,500,000 for the cost of section 504 housing repair

17 loans: Provided, That the entire amount shall be available

18 only to the extent that an official budget request for a spe19 cific dollar amount, that includes designation of the entire

20 amount of the request as an emergency requirement as de21 fined in the Balanced Budget and Emergency Deficit Con22 trol Act of 1985, as amended, is transmitted by the Presi23 dent to Congress: Provided further, That the entire amount

24 is designated by Congress as an emergency requirement
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1 pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

2 and Emergency Deficit Control Act of 1985, as amended.

3 VERY LOW-INCOME HOUSING REPAIR GRANTS

4 For an additional amount for ‘‘Very Low-Income

5 Housing Repair Grants’’ to make housing repairs needed

6 as a result of floods and other natural disasters, pursuant

7 to Section 504 of the Housing Act of 1949, as amended,

8 $1,100,000, to remain available until expended: Provided,

9 That the entire amount shall be available only to the extent

10 that an official budget request for a specific dollar amount,

11 that includes designation of the entire amount of the request

12 as an emergency requirement as defined in the Balanced

13 Budget and Emergency Deficit Control Act of 1985, as

14 amended, is transmitted by the President to Congress: Pro15 vided further, That the entire amount is designated by Con16 gress as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended.

19 RURAL UTILITIES SERVICE

20 RURAL UTILITIES ASSISTANCE PROGRAM

21 For an additional amount for the ‘‘Rural Utilities As22 sistance Program’’ for the cost of direct loans and grants

23 to assist in the recovery from floods in the Pacific Northwest

24 and other natural disasters, $11,000,000, to remain avail25 able until expended: Provided, That such funds may be

26 available for emergency community water assistance grants
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1 as authorized by 7 U.S.C. 1926b: Provided further, That

2 the entire amount shall be available only to the extent that

3 an official budget request for a specific dollar amount, that

4 includes designation of the entire amount of the request as

5 an emergency requirement as defined in the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended, is transmitted by the President to Congress: Pro8 vided further, That the entire amount is designated by Con9 gress as an emergency requirement pursuant to section

10 251(b)(2)(D)(i) of the Balanced Budget and Emergency

11 Deficit Control Act of 1985, as amended.

12 ADMINISTRATIVE PROVISION

13 With the prior approval of the House and Senate Com14 mittees on Appropriations, funds appropriated to the De15 partment of Agriculture under this chapter may be trans16 ferred by the Secretary of Agriculture between accounts of

17 the Department of Agriculture included in this Act to sat18 isfy emergency disaster funding requirements.
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1 CHAPTER 2

2 DEPARTMENTS OF COMMERCE, JUSTICE, AND

3 STATE, THE JUDICIARY, AND RELATED

4 AGENCIES

5 DEPARTMENT OF COMMERCE

6 ECONOMIC DEVELOPMENT ADMINISTRATION

7 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

8 For an additional amount for emergency expenses re9 sulting from flooding in the Pacific Northwest, and in the

10 Devils Lake Basin in North Dakota $25,000,000, to remain

11 available until expended for grants and related expenses

12 pursuant to the Public Works and Economic Development

13 Act of 1965, as amended; and in addition, $2,500,000 for

14 administrative expenses to remain available until expended,

15 which may be transferred to and merged with the appro16 priations for ‘‘Salaries and expenses’’: Provided, That the

17 entire amount is hereby designated by Congress as an emer18 gency requirement pursuant to section 251(b)(2)(D)(i) of

19 the Balanced Budget and Emergency Deficit Control Act

20 of 1985, as amended: Provided further, That the entire

21 amount shall be available only to the extent an official

22 budget request, for a specific dollar amount, that includes

23 designation of the entire amount of the request as an emer24 gency requirement as defined in the Balanced Budget and
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1 Emergency Deficit Control Act of 1985, as amended, is

2 transmitted to Congress.

3 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

4 CONSTRUCTION

5 For an additional amount for ‘‘Construction’’ for

6 emergency expenses resulting from flooding in the Pacific

7 Northwest and other natural disasters, $10,000,000, to re8 main available until expended: Provided, That the entire

9 amount is hereby designated by Congress as an emergency

10 requirement pursuant to section 251(b)(2)(D)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985,

12 as amended.

13 RELATED AGENCY

14 SMALL BUSINESS ADMINISTRATION

15 DISASTER LOANS PROGRAM ACCOUNT

16 For an additional amount for ‘‘Disaster Loans Pro17 gram Account’’, $69,700,000 for the cost of direct loans, to

18 remain available until expended: Provided, That such costs,

19 including the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of

21 1974; and for administrative expenses to carry out the di22 rect loan program, $30,300,000, to remain available until

23 expended: Provided, That both amounts are hereby des24 ignated by Congress as emergency requirements pursuant
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1 to section 251(b)(2)(D)(i) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985, as amended.

3 CHAPTER 3

4 ENERGY AND WATER DEVELOPMENT

5 DEPARTMENT OF DEFENSE—CIVIL

6 DEPARTMENT OF THE ARMY

7 CORPS OF ENGINEERS—CIVIL

8 OPERATION AND MAINTENANCE, GENERAL

9 For an additional amount for ‘‘Operation and Mainte10 nance, General’’, $30,000,000, to remain available until ex11 pended: Provided, That the entire amount shall be available

12 only to the extent that an official budget request for a spe13 cific dollar amount, that includes designation of the entire

14 amount of the request as an emergency requirement as de15 fined in the Balanced Budget and Emergency Deficit Con16 trol Act of 1985, as amended, is transmitted by the Presi17 dent to Congress: Provided further, That the entire amount

18 is designated by Congress as an emergency requirement

19 pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

20 and Emergency Deficit Control Act of 1985, as amended.

21 FLOOD CONTROL AND COASTAL EMERGENCIES

22 For an additional amount for ‘‘Flood Control and

23 Coastal Emergencies’’, $135,000,000, to remain available

24 until expended: Provided, That the entire amount shall be

25 available only to the extent that an official budget request

26 for a specific dollar amount, that includes designation of
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HR 3019 EAS

1 the entire amount of the request as an emergency require2 ment as defined in the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended, is transmitted by

4 the President to Congress: Provided further, That the entire

5 amount is designated by Congress as an emergency require6 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

7 Budget and Emergency Deficit Control Act of 1985, as

8 amended.

9 DEPARTMENT OF THE INTERIOR

10 BUREAU OF RECLAMATION

11 CONSTRUCTION PROGRAM

12 For an additional amount for the ‘‘Construction Pro13 gram’’, $18,000,000, to remain available until expended:

14 Provided, That the entire amount shall be available only

15 to the extent that an official budget request for a specific

16 dollar amount, that includes designation of the entire

17 amount of the request as an emergency requirement as de18 fined in the Balanced Budget and Emergency Deficit Con19 trol Act of 1985, as amended, is transmitted by the Presi20 dent to Congress: Provided further, That the entire amount

21 is designated by Congress as an emergency requirement

22 pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

23 and Emergency Deficit Control Act of 1985, as amended.
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1 CHAPTER 4

2 DEPARTMENT OF THE INTERIOR AND RELATED

3 AGENCIES

4 DEPARTMENT OF THE INTERIOR

5 BUREAU OF LAND MANAGEMENT

6 CONSTRUCTION AND ACCESS

7 For an additional amount for ‘‘Construction and Ac8 cess’’, $5,000,000, to remain available until expended, to

9 repair roads, culverts, bridges, facilities, fish and wildlife

10 protective structures, and recreation sites, damaged due to

11 the Pacific Northwest flooding: Provided, That the entire

12 amount shall be available only to the extent that an official

13 budget request for a specific dollar amount, that includes

14 designation of the entire amount of the request as an emer15 gency requirement as defined in the Balanced Budget and

16 Emergency Deficit Control Act of 1985, as amended, is

17 transmitted by the President to Congress: Provided further,

18 That the entire amount is designated by Congress as an

19 emergency requirement pursuant to section 251(b)(2)(D)(i)

20 of the Balanced Budget and Emergency Deficit Control Act

21 of 1985, as amended.

22 OREGON AND CALIFORNIA GRANT LANDS

23 For an additional amount for ‘‘Oregon and California

24 Grant Lands’’, $35,000,000, to remain available until ex25 pended, to repair roads, culverts, bridges, facilities, fish and

26 wildlife protective structures, and recreation sites, damaged
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1 due to the Pacific Northwest flooding: Provided, That the

2 entire amount shall be available only to the extent that an

3 official budget request for a specific dollar amount, that in4 cludes designation of the entire amount of the request as

5 an emergency requirement as defined in the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended, is transmitted by the President to Congress: Pro8 vided further, That the entire amount is designated by Con9 gress as an emergency requirement pursuant to section

10 251(b)(2)(D)(i) of the Balanced Budget and Emergency

11 Deficit Control Act of 1985, as amended.

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 RESOURCE MANAGEMENT

14 For an additional amount for Resource Management,

15 $1,600,000, to remain available until expended, to provide

16 technical assistance to the Natural Resource Conservation

17 Service, the Federal Emergency Management Agency, the

18 United States Army Corps of Engineers and other agencies

19 on fish and wildlife habitat issues related to damage caused

20 by floods, storms and other acts of nature: Provided, That

21 the entire amount shall be available only to the extent that

22 an official budget request for a specific dollar amount, that

23 includes designation of the entire amount of the request as

24 an emergency requirement as defined in the Balanced

25 Budget and Emergency Deficit Control Act of 1985, as
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HR 3019 EAS

1 amended, is transmitted by the President to Congress: Pro2 vided further, That the entire amount is designated by Con3 gress as an emergency requirement pursuant to section

4 251(b)(D)(i) of the Balanced Budget and Emergency Deficit

5 Control Act of 1985, as amended.

6 CONSTRUCTION

7 For an additional amount for ‘‘Construction’’,

8 $37,300,000, to remain available until expended, to repair

9 damage caused by hurricanes, floods and other acts of na10 ture, and to protect natural resources in the Devils Lake

11 Basin in North Dakota: Provided, That the entire amount

12 shall be available only to the extent that an official budget

13 request for a specific dollar amount, that includes designa14 tion of the entire amount of the request as an emergency

15 requirement as defined in the Balanced Budget and Emer16 gency Deficit Control Act of 1985, as amended, is transmit17 ted by the President to Congress: Provided further, That the

18 entire amount is designated by Congress as an emergency

19 requirement pursuant to section 251(b)(2)(D)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985,

21 as amended.

22 NATIONAL PARK SERVICE

23 CONSTRUCTION

24 For an additional amount for ‘‘Construction’’,

25 $47,000,000, to remain available until expended, to repair

26 damage caused by hurricanes, floods and other acts of na-
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HR 3019 EAS

1 ture: Provided, That the entire amount shall be available

2 only to the extent that an official budget request for a spe3 cific dollar amount, that includes designation of the entire

4 amount of the request as an emergency requirement as de5 fined in the Balanced Budget and Emergency Deficit Con6 trol Act of 1985, as amended, is transmitted by the Presi7 dent to Congress: Provided further, That the entire amount

8 is designated by Congress as an emergency requirement

9 pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

10 and Emergency Deficit Control Act of 1985, as amended.

11 UNITED STATES GEOLOGICAL SURVEY

12 SURVEYS, INVESTIGATIONS, AND RESEARCH

13 For an additional amount for ‘‘Surveys, investiga14 tions, and research’’, $2,000,000, to remain available until

15 September 30, 1997, for the costs related to hurricanes,

16 floods and other acts of nature: Provided, That the entire

17 amount shall be available only to the extent that an official

18 budget request for a specific dollar amount, that includes

19 designation of the entire amount of the request as an emer20 gency requirement as defined in the Balanced Budget and

21 Emergency Deficit Control Act of 1985, as amended, is

22 transmitted by the President to Congress: Provided further,

23 That the entire amount is designated by Congress as an

24 emergency requirement pursuant to section 251(b)(2)(D)(i)
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1 of the Balanced Budget and Emergency Deficit Control Act

2 of 1985, as amended.

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For an additional amount for ‘‘Operation of Indian

6 Programs’’, $500,000, to remain available until September

7 30, 1998, for emergency operations and repairs related to

8 winter floods: Provided, That the entire amount shall be

9 available only to the extent that an official budget request

10 for a specific dollar amount, that includes designation of

11 the entire amount of the request as an emergency require12 ment as defined in the Balanced Budget and Emergency

13 Deficit Control Act of 1985, as amended, is transmitted by

14 the President to Congress: Provided further, That the entire

15 amount is designated by Congress as an emergency require16 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

17 Budget and Emergency Deficit Control Act of 1985, as

18 amended.

19 CONSTRUCTION

20 For an additional amount for ‘‘Construction’’,

21 $16,500,000, to remain available until expended, for emer22 gency repairs related to winter floods: Provided, That the

23 entire amount shall be available only to the extent that an

24 official budget request for a specific dollar amount, that in25 cludes designation of the entire amount of the request as

26 an emergency requirement as defined in the Balanced
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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended, is transmitted by the President to Congress: Pro3 vided further, That the entire amount is designated by Con4 gress as an emergency requirement pursuant to section

5 251(b)(2)(D)(i) of the Balanced Budget and Emergency

6 Deficit Control Act of 1985, as amended.

7 TERRITORIAL AND INTERNATIONAL AFFAIRS

8 ASSISTANCE TO TERRITORIES

9 For an additional amount for ‘‘Assistance to Terri10 tories’’, $13,000,000, to remain available until expended,

11 for recovery efforts from Hurricane Marilyn: Provided,

12 That the entire amount shall be available only to the extent

13 that an official budget request for a specific dollar amount,

14 that includes designation of the entire amount of the request

15 as an emergency requirement as defined in the Balanced

16 Budget and Emergency Deficit Control Act of 1985, as

17 amended, is transmitted by the President to Congress: Pro18 vided further, That the entire amount is designated by Con19 gress as an emergency requirement pursuant to section

20 251(b)(2)(D)(i) of the Balanced Budget and Emergency

21 Deficit Control Act of 1985, as amended.

22 DEPARTMENT OF AGRICULTURE

23 NATIONAL FOREST SYSTEM

24 For an additional amount for ‘‘National Forest Sys25 tem’’, $26,600,000, to remain available until expended, to
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HR 3019 EAS

1 repair damage caused by hurricanes, floods and other acts

2 of nature, including $300,000 for the costs associated with

3 response and rehabilitation, including access repairs, at the

4 Amalgamated Mill site in the Willamette National Forest

5 containing sulphur-rich and other mining tailings in order

6 to prevent contamination of Battle Ax Creek, and the Little

7 North Fork of the Santiam River, from which the City of

8 Salem, Oregon, obtains its municipal water supply: Pro9 vided, That the entire amount shall be available only to

10 the extent that an official budget request for a specific dollar

11 amount, that includes designation of the entire amount of

12 the request as an emergency requirement as defined in the

13 Balanced Budget and Emergency Deficit Control Act of

14 1985, as amended, is transmitted by the President to Con15 gress: Provided further, That the entire amount is des16 ignated by Congress as an emergency requirement pursuant

17 to section 251(b)(2)(D)(i) of the Balanced Budget and

18 Emergency Deficit Control Act of 1985, as amended.

19 CONSTRUCTION

20 For an additional amount for ‘‘Construction’’,

21 $60,800,000, to remain available until expended: Provided,

22 That the entire amount shall be available only to the extent

23 that an official budget request for a specific dollar amount,

24 that includes designation of the entire amount of the request

25 as an emergency requirement as defined in the Balanced

26 Budget and Emergency Deficit Control Act of 1985, as
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1 amended, is transmitted by the President to Congress: Pro2 vided further, That the entire amount is designated by Con3 gress as an emergency requirement pursuant to section

4 251(b)(2)(D)(i) of the Balanced Budget and Emergency

5 Deficit Control Act of 1985, as amended.

6 CHAPTER 5

7 DEPARTMENT OF TRANSPORTATION

8 OFFICE OF THE SECRETARY

9 PAYMENTS TO AIR CARRIERS

10 The first proviso under the head ‘‘Payments to Air

11 Carriers’’ in Title I of the Department of Transportation

12 and Related Agencies Appropriations Act, 1996 (Public

13 Law 104–50), is amended to read as follows: ‘‘Provided,

14 That none of the funds in this Act shall be available for

15 the implementation or execution of programs in excess of

16 $22,600,000 from the Airport and Airway Trust Fund for

17 the Payments to Air Carriers program in fiscal year

18 1996:’’.

19 FEDERAL HIGHWAY ADMINISTRATION

20 FEDERAL-AID HIGHWAYS

21 (HIGHWAY TRUST FUND)

22 For the Emergency Fund authorized by 23 U.S.C. 125

23 to cover expenses arising from the January 1996 flooding

24 in the Mid-Atlantic, Northeast, and Northwest States and

25 other disasters, $300,000,000, to be derived from the High26 way Trust Fund and to remain available until expended:
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1 Provided, That the entire amount shall be available only

2 to the extent that an official budget request for a specific

3 dollar amount, that includes designation of the entire

4 amount of the request as an emergency requirement as de5 fined in the Balanced Budget and Emergency Deficit Con6 trol Act of 1985, as amended, is transmitted by the Presi7 dent to Congress: Provided further, That such amount is

8 designated by Congress as an emergency requirement pursu9 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

10 Emergency Deficit Control Act of 1985, as amended: Pro11 vided further, That the provisions of 23 U.S.C. 125(b)(1)

12 shall not apply to projects relating to the January 1996

13 flooding in the Mid-Atlantic, Northeast, and Northwest

14 States.

15 FEDERAL RAILROAD ADMINISTRATION

16 LOCAL RAIL FREIGHT ASSISTANCE

17 For expenses pursuant to subtitle 5 of the Department

18 of Transportation Act (49 U.S.C.), to repair and rebuild

19 rail lines of other than class I railroads as defined by the

20 Surface Transportation Board or railroads owned or con21 trolled by a class I railroad, having carried 5 million gross

22 ton miles or less per mile during the prior year, and dam23 aged as a result of the floods of 1996, $10,000,000: Provided,

24 That for the purposes of administering this emergency re25 lief, the Secretary of Transportation shall have authority
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1 to make funds available notwithstanding section 22101,

2 (a)(1) and (3) and (d), sections 22102 to 22104, section

3 22105(a) and section 22108, (a) and (b) of 49 U.S.C. as

4 the Secretary deems appropriate and shall consider the ex5 tent to which the State has available unexpended local rail

6 freight assistance funds or available repaid loan funds: Pro7 vided further, That, notwithstanding 49 U.S.C. chapter

8 221, the Secretary may prescribe the form and time for ap9 plications for assistance made available herein: Provided

10 further, That the entire amount shall be available only to

11 the extent that an official budget request for a specific dollar

12 amount, that includes designation of the entire amount of

13 the request as an emergency requirement as defined in the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985, as amended, is transmitted by the President to Con16 gress: Provided further, That the entire amount is des17 ignated by Congress as an emergency requirement pursuant

18 to section 251(b)(2)(D)(i) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, as amended: Pro20 vided further, That all funds made available under this

21 head are to remain available until September 30, 1997.
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1 FEDERAL TRANSIT ADMINISTRATION

2 MASS TRANSIT CAPITAL FUND

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For an additional amount for payment of obligations

6 incurred in carrying out 49 U.S.C. 5338(b) administered

7 by the Federal Transit Administration, $375,000,000, to be

8 derived from the Highway Trust Fund and to remain avail9 able until expended.

10 CHAPTER 6

11 DEPARTMENTS OF VETERANS AFFAIRS AND

12 HOUSING AND URBAN DEVELOPMENT AND

13 INDEPENDENT AGENCIES

14 DEPARTMENT OF HOUSING AND URBAN

15 DEVELOPMENT

16 COMMUNITY PLANNING AND DEVELOPMENT

17 COMMUNITY DEVELOPMENT GRANTS

18 For an additional amount for ‘‘Community develop19 ment grants’’, $100,000,000, to remain available until Sep20 tember 30, 1998, for emergency expenses and repairs related

21 to recent Presidentially declared disaster areas, including

22 up to $10,000,000 which may be made for rental subsidy

23 contracts under the section 8 existing housing certificate

24 program and the housing voucher program under section

25 8 of the United States Housing Act of 1937, as amended,

26 except that such amount shall be available only for tem-
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1 porary housing assistance, not in excess of one year in du2 ration, and shall not be subject to renewal: Provided, That

3 the entire amount shall be available only to the extent that

4 an official budget request for a specific dollar amount, that

5 includes designation of the entire amount of the request as

6 an emergency requirement as defined in the Balanced

7 Budget and Emergency Deficit Control Act of 1985, as

8 amended, is transmitted by the President to Congress: Pro9 vided further, That the entire amount is designated by Con10 gress as an emergency requirement pursuant to section

11 251(b)(2)(D)(i) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985, as amended.

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Disaster Relief’’,

17 $150,000,000, to remain available until expended, which,

18 in whole or in part, may be transferred to the Disaster As19 sistance Direct Loan Program Account for the cost of direct

20 loans as authorized under section 417 of the Robert T. Staf21 ford Disaster Relief and Emergency Assistance Act (42

22 U.S.C. 5121 et seq.): Provided, That such transfer may be

23 made to subsidize gross obligations for the principal

24 amount of direct loans not to exceed $170,000,000 under

25 section 417 of the Stafford Act: Provided further, That any

26 such transfer of funds shall be made only upon certification
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1 by the Director of the Federal Emergency Management

2 Agency that all requirements of section 417 of the Stafford

3 Act will be complied with: Provided further, That the entire

4 amount of this appropriation shall be available only to the

5 extent that an official budget request for a specific dollar

6 amount, that includes designation of the entire amount of

7 the request as an emergency requirement as defined in the

8 Balanced Budget and Emergency Deficit Control Act of

9 1985, as amended, is transmitted by the President to Con10 gress: Provided further, That the entire amount is des11 ignated by Congress as an emergency requirement pursuant

12 to section 251(b)(2)(D)(i) of the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended.

14 CHAPTER 7

15 FOREIGN OPERATIONS, EXPORT FINANCING, AND

16 RELATED AGENCIES

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 UNANTICIPATED NEEDS

19 UNANTICIPATED NEEDS FOR DEFENSE

20 OF ISRAEL AGAINST TERRORISM

21 For emergency expenses necessary to meet unantici22 pated needs for the acquisition and provision of goods, serv23 ices, and/or grants for Israel necessary to support the eradi24 cation of terrorism in and around Israel, $50,000,000: Pro25 vided, That none of the funds appropriated in this para26 graph shall be available for obligation except through the
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1 regular notification procedures of the Committees on Appro2 priations: Provided further, That the entire amount is des3 ignated by Congress as an emergency requirement pursuant

4 to section 251(b)(2)(D)(i) of the Balanced Budget and

5 Emergency Deficit Control Act of 1985, as amended.

6 AGENCY FOR INTERNATIONAL DEVELOPMENT

7 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

8 STATES

9 For an additional amount for ‘‘Assistance for Eastern

10 Europe and the Baltic States’’ for Bosnia and Herzegovina,

11 including demining assistance, $200,000,000, of which

12 amount $5,000,000 shall be used for the administrative ex13 penses of the U.S. Agency for International Development:

14 Provided, That not to exceed $5,000,000 of such funds and

15 any other funds appropriated under the same heading for

16 fiscal year 1996 is available for the cost of modifying direct

17 loans and loan guarantees, as defined in section 502 of the

18 Congressional Budget Act of 1974: Provided further, That

19 contracts to carry out programs using such funds shall, to

20 the maximum extent practicable, be entered into with com21 panies organized under the laws of a State of the United

22 States and organizations (including community chests,

23 funds, foundations, non-incorporated businesses, and other

24 institutions) organized in the United States: Provided fur25 ther, That none of the funds appropriated or otherwise
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HR 3019 EAS

1 made available under this heading shall be obligated except

2 through the regular notification procedures of the Commit3 tees on Appropriations: Provided further, That the entire

4 amount appropriated is designated by Congress as an emer5 gency requirement pursuant to section 251(b)(2)(D)(i) of

6 the Balanced Budget and Emergency Deficit Control Act

7 of 1985, as amended: Provided further, That funds appro8 priated by this Act for economic reconstruction may only

9 be made available for projects, activities, or programs with10 in the sector assigned to American forces of the NATO Mili11 tary Implementation Force (IFOR) and Sarajevo: Provided

12 further, That priority consideration shall be given to

13 projects and activities designated in the IFOR ‘‘Task Force

14 Eagle civil military project list’’: Provided further, That

15 no funds made available under this Act, or any other Act,

16 may be obligated for the purposes of rebuilding or repairing

17 housing in areas where refugees or displaced persons are

18 refused the right of return by Federation or local authorities

19 due to ethnicity or political party affiliation: Provided fur20 ther, That no funds may be made available under this head21 ing in this Act, or any other Act, to any banking or finan22 cial institution in Bosnia and Herzegovina unless such in23 stitutions agree in advance, and in writing, to allow the

24 United States General Accounting Office access for the pur25 poses of audit of the use of United States assistance: Pro-
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1 vided further, That effective ninety days after the date of

2 enactment of this Act, none of the funds appropriated under

3 this heading may be made available for the purposes of eco4 nomic reconstruction in Bosnia and Herzegovina unless the

5 President determines and certifies in writing to the Com6 mittee on Appropriations that the aggregate bilateral con7 tributions pledged by non-United States donors for eco8 nomic reconstruction are at least equivalent to the United

9 States bilateral contributions made under this Act and in

10 the fiscal year 1995 and fiscal year 1996 Foreign Oper11 ations, Export Financing and Related Programs Appro12 priations bills.

13 Except for funds made available for demining activi14 ties, no funds may be provided under this heading in this

15 Act until the President certifies to the Committees on Ap16 propriations that:

17 (1) The Federation of Bosnia and Herzegovina is

18 in compliance with Article III, Annex 1A of the Day19 ton Agreement; and

20 (2) Intelligence cooperation on training, inves21 tigations, or related activities between Iranian offi22 cials and Bosnian officials has been terminated.
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1 MILITARY ASSISTANCE

2 FOREIGN MILITARY FINANCING PROGRAM

3 For an additional amount for ‘‘Foreign Military Fi4 nancing Program’’ for grants for Jordan pursuant to sec5 tion 23 of the Arms Export Control Act, $70,000,000: Pro6 vided, That such funds may be used for Jordan to finance

7 transfers by lease of defense articles under chapter 6 of such

8 Act.

9 CHAPTER 8

10 DEPARTMENT OF DEFENSE

11 MILITARY PERSONNEL

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel,

14 Army’’, $244,400,000.

15 MILITARY PERSONNEL, NAVY

16 For an additional amount for ‘‘Military Personnel,

17 Navy’’, $11,700,000.

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel,

20 Marine Corps’’, $2,600,000.

21 MILITARY PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Military Personnel,

23 Air Force’’, $27,300,000.
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1 OPERATION AND MAINTENANCE

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Mainte4 nance, Army’’, $195,000,000.

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For an additional amount for ‘‘Operation and Mainte7 nance, Marine Corps’’, $900,000.

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Air Force’’, $190,000,000.

11 OPERATION AND MAINTENANCE, DEFENSE-WIDE

12 For an additional amount for ‘‘Operation and Mainte13 nance, Defense-Wide’’, $79,800,000.

14 PROCUREMENT

15 OTHER PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Other Procurement,

17 Air Force’’, $26,000,000.

18 GENERAL PROVISION

19 (TRANSFER OF FUNDS)

20 SEC. 801. Section 8005 of the Department of Defense

21 Appropriations Act, 1996 (Public Law 104–61), is amended

22 by striking out ‘‘$2,400,000,000’’ and inserting in lieu

23 thereof ‘‘$2,700,000,000’’.

24 SEC. 802. Notwithstanding any other provision of law,

25 funds appropriated in the Department of Defense Appro-
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1 priations Act, 1996 (Public Law 104–61) under the heading

2 ‘‘Aircraft Procurement, Air Force’’ may be obligated for ad3 vance procurement and procurement of F–15E aircraft.

4 SEC. 803. Funds appropriated under the heading,

5 ‘‘Aircraft Procurement, Air Force,’’ in Public Laws 104–

6 61, 103–335, and 103–139 that are or remain available for

7 C–17 airframes, C–17 aircraft engines, and complementary

8 widebody aircraft/NDAA may be used for multiyear pro9 curement contracts for C–17 aircraft: Provided, That the

10 duration of multiyear contracts awarded under the author11 ity of this section may be for a period not to exceed seven

12 program years, notwithstanding section 2306b(1) of title

13 10, United States Code: Provided further, That the author14 ity under this section may not be used to enter into a

15 multiyear procurement contract until the earlier of (1) May

16 24, 1996, or (2) the day after the date of the enactment

17 of an Act that contains a provision authorizing the Depart18 ment of Defense to enter into a multiyear contract for the

19 C–17 aircraft program.

20 SEC. 804. (a) In addition to the amounts made avail21 able in Public Law 104–61 under the heading ‘‘Research,

22 Development, Test and Evaluation, Defense-Wide’’,

23 $50,000,000 is hereby made available to continue the activi24 ties of the semiconductor manufacturing consortium known

25 as Sematech.
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1 (b) Of the funds made available in Public Law 104–

2 61 under the heading ‘‘Research, Development, Test and

3 Evaluation, Army’’, $7,000,000 are rescinded.

4 (c) Of the funds made available in Public Law 104–

5 61 under the heading ‘‘Research, Development, Test and

6 Evaluation, Navy’’, $12,500,000 are rescinded.

7 (d) Of the funds made available in Public Law 104–

8 61 under the heading ‘‘Research, Development, Test and

9 Evaluation, Air Force’’, $16,000,000 are rescinded.

10 (e) Of the funds made available in Public Law 104–

11 61 under the heading ‘‘Research, Development, Test and

12 Evaluation, Defense-Wide’’, $14,500,000 are rescinded.

13 (f) Of the funds rescinded under subsection (e) of this

14 provision, none of the reduction shall be applied to the Bal15 listic Missile Defense Organization.

16 SEC. 805. Of the funds appropriated in title II of Pub17 lic Law 104–61, under the heading ‘‘Overseas Humani18 tarian, Disaster, and Civic Aid’’, for training and activities

19 related to the clearing of landmines for humanitarian pur20 poses, up to $15,000,000 may be transferred to ‘‘Operations

21 and Maintenance, Defense Wide’’, to be available for the

22 payment of travel, transportation and subsistence expenses

23 of Department of Defense personnel incurred in carrying

24 out humanitarian assistance activities related to the detec25 tion and clearance of landmines.
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1 SEC. 806. Notwithstanding any other provision of law,

2 $15,000,000 made available for ‘‘Operations and Mainte3 nance, Army’’ in P.L. 104–61 shall be obligated for the re4 mediation of environmental contamination at the National

5 Presto Industries, Inc. site in Eau Claire, Wisconsin. These

6 funds shall be obligated only for the implementation and

7 execution of the 1988 agreement between the Department

8 of the Army and National Presto Industries, Inc.

9 SEC. 807. (a) Subsection (b) of section 802 of the

10 David L. Boren National Security Education Act of 1991

11 (50 U.S.C. 1902) is amended by adding after paragraph

12 (3), flush to the subsection margin, the following:

13 ‘‘Notwithstanding any other provision of law, including the

14 matter under the heading ‘NATIONAL SECURITY EDUCATION

15 TRUST FUND’ in title VII of Public Law 104–61, the work

16 of an individual accepting a scholarship or fellowship under

17 the program shall be the work specified in paragraph (2),

18 or such other work as the individual and the Secretary

19 agree upon under an agreement having modified service re20 quirements pursuant to subsection (f).’’.

21 (b) Such section is further amended by adding at the

22 end the following:

23 ‘‘(f) AUTHORITY TO MODIFY SERVICE AGREEMENT

24 REQUIREMENTS.—The Secretary shall have sole authority
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HR 3019 EAS

1 to modify, amend, or revise the requirements under sub2 section (b) that apply to service agreements.’’.

3 (c) Subsection (a) of such section is amended by add4 ing at the end the following:

5 ‘‘(5) EMPLOYMENT OPPORTUNITY OUTREACH.—

6 The Secretary shall take appropriate actions to make

7 available to recipients of scholarships or fellowships

8 under the program information on employment op9 portunities in the departments and agencies of the

10 Federal Government having responsibility for na11 tional security matters.’’.

12 SEC. 808. (a)(1) Section 1177 of title 10, United States

13 Code, relating to mandatory discharge or retirement of

14 members of the Armed Forces infected with HIV–1 virus,

15 is repealed.

16 (2) The table of sections at the beginning of chapter

17 59 of such title is amended by striking out the item relating

18 to section 1177.

19 (b) Subsection (b) of section 567 of the National De20 fense Authorization Act for Fiscal Year 1996 is repealed.

21 (TRANSFER OF FUNDS)

22 SEC. 809. Of the funds appropriated or otherwise made

23 available in title IV of the Department of Defense Appro24 priations Act, 1996 (Public Law 104–61) under the para25 graph ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA26 TION, AIR FORCE’’, $44,900,000 are transferred to and
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HR 3019 EAS

1 merged with funds appropriated or otherwise made avail2 able under title II of that Act under the paragraph ‘‘OPER3 ATION AND MAINTENANCE, AIR FORCE’’ and shall be avail4 able for obligation and expenditure for the operation and

5 maintenance of 94 B–52H bomber aircraft in active status

6 or in attrition reserve.

7 SEC. 810. Of the funds made available in Public Law

8 104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,

9 TEST AND EVALUATION, DEFENSE-WIDE’’, $500,000 of the

10 funds provided for the Advanced Research Projects Agency

11 may be available to purchase photographic technology to

12 support research in detonation physics: Provided, That the

13 Director of Defense Research and Engineering shall provide

14 the congressional defense committees on appropriations

15 with a plan for the acquisition and use of this instrument

16 no later than April 29, 1996.

17 SEC. 811. Of the funds made available in Public Law

18 104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,

19 TEST AND EVALUATION, DEFENSE-WIDE’’, up to $2,000,000

20 of the funds provided for the Joint DoD-DoE Munitions

21 Technology Development program element shall be used to

22 develop and test an open-architecture machine tool control23 ler.
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1 CHAPTER 9

2 DEPARTMENT OF DEFENSE

3 MILITARY CONSTRUCTION

4 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

5 INVESTMENT PROGRAM

6 For an additional amount for ‘‘North Atlantic Treaty

7 Organization Security Investment Program’’, $37,500,000,

8 to remain available until expended: Provided, That the Sec9 retary of Defense may make additional contributions for

10 the North Atlantic Treaty Organization as provided in sec11 tion 2806 of title 10, United States Code: Provided further,

12 That the entire amount is designated by Congress as an

13 emergency requirement pursuant to section 251(b)(2)(D)(i)

14 of the Balanced Budget and Emergency Deficit Control Act

15 of 1985, as amended.

16 GENERAL PROVISIONS

17 SEC. 901. LAND CONVEYANCE, ARMY RESERVE CENTER,

18 GREENSBORO, ALABAMA.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

20 Army may convey, without consideration, to Hale County,

21 Alabama, all right, title, and interest of the United States

22 in and to a parcel of real property consisting of approxi23 mately 5.17 acres and located at the Army Reserve Center,

24 Greensboro, Alabama, that was conveyed by Hale County,
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1 Alabama, to the United States by warranty deed dated Sep2 tember 12, 1988.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the property conveyed under sub5 section (a) shall be as described in the deed referred to in

6 that subsection.

7 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions

9 in connection with the conveyance under this section as the

10 Secretary considers appropriate to protect the interests of

11 the United States.

12 CHAPTER 10

13 RESCINDING CERTAIN BUDGET AUTHORITY

14 FOREIGN OPERATIONS, EXPORT FINANCING, AND

15 RELATED PROGRAMS

16 EXPORT AND INVESTMENT ASSISTANCE

17 EXPORT-IMPORT BANK OF THE UNITED STATES

18 SUBSIDY APPROPRIATION

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 104–107, $25,000,000 are rescinded.
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1 DEPARTMENT OF DEFENSE—MILITARY

2 PROCUREMENT

3 MISSILE PROCUREMENT, AIR FORCE

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–335, $310,000,000 are rescinded.

7 OTHER PROCUREMENT, AIR FORCE

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–335, $265,000,000 are rescinded.

11 RESEARCH, DEVELOPMENT, TEST AND

12 EVALUATION

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

14 FORCE

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–335, $245,000,000 are rescinded.
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1 CHAPTER 11

2 TREASURY, POSTAL SERVICE AND

3 GENERAL GOVERNMENT

4 EXECUTIVE OFFICE OF THE PRESIDENT AND

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 OFFICE OF NATIONAL DRUG CONTROL POLICY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Salaries and Ex10 penses,’’ $3,900,000.

11 INDEPENDENT AGENCIES

12 GENERAL SERVICES ADMINISTRATION

13 FEDERAL BUILDINGS FUND

14 LIMITATIONS ON AVAILABILITY OF REVENUE

15 (RESCISSION)

16 Of the funds made available for installment acquisi17 tion payments under this heading in Public Law 104–52,

18 $3,500,000 are rescinded: Provided, That of the funds made

19 available for advance design under this heading in Public

20 Law 104–52, $200,000 are rescinded: Provided further,

21 That the aggregate amount made available to the Fund

22 shall be $5,062,449,000.
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1 UNITED STATES TAX COURT

2 SALARIES AND EXPENSES

3 (RESCISSION)

4 Of the funds made available under this heading in

5 public law 104–52, $200,000 are rescinded.

6 CHAPTER 12

7 GENERAL PROVISIONS

8 SEC. 1201. In administering funds provided herein for

9 domestic assistance, the Secretary of any involved depart10 ment may waive or specify alternative requirements for any

11 provision of any statute or regulation that the Secretary

12 administers in connection with the obligation by the Sec13 retary or any use of the recipient of these funds, except for

14 the requirement related to civil rights, fair housing and

15 nondiscrimination, the environment, and labor standards,

16 upon finding that such waiver is required to facilitate the

17 obligation and use of such funds would not be inconsistent

18 with the overall purpose of the statute or regulation.

19 SEC. 1202. No part of any appropriation contained

20 in this title shall remain available for obligation beyond

21 the current fiscal year unless expressly so provided herein.

22 SEC. 1203. ALLOCATION OF FUNDS.

23 Notwithstanding any other provision of this title,

24 funds made available under this title for emergency or dis25 aster assistance programs of the Department of Agriculture,
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1 Department of Housing and Urban Development, Economic

2 Development Administration, National Park Service, Small

3 Business Administration, and United States Fish and

4 Wildlife Service shall be allocated in accordance with the

5 established prioritization process of the respective Depart6 ment, Administration, or Service.

7 DEPARTMENT OF JUSTICE

8 FEDERAL BUREAU OF INVESTIGATION

9 SALARIES AND EXPENSES

10 For an additional amount for emergency expenses nec11 essary to enhance the Federal Bureau of Investigation’s ef12 forts in the United States to combat Middle Eastern terror13 ism, $7,000,000, to remain available until expended: Pro14 vided, That such activities shall include efforts to enforce

15 Executive Order 12947 (‘‘Prohibiting Transactions with

16 Terrorists Who Threaten to Disrupt the Middle East Peace

17 Process’’) to prevent fundraising in the United States on

18 the behalf of organizations that support terror to undermine

19 the peace process: Provided further, That the entire amount

20 is hereby designated by Congress as an emergency require21 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

22 Budget and Emergency Deficit Control Act of 1985, as

23 amended: Provided further, That the entire amount shall

24 be available only to the extent an official budget request,

25 for a specific dollar amount, that includes designation of
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1 the entire amount of the request as an emergency require2 ment as defined in the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended, is transmitted to

4 Congress.

5 DEPARTMENT OF THE TREASURY

6 DEPARTMENTAL OFFICES

7 SALARIES AND EXPENSES

8 For an additional amount for emergency expenses nec9 essary to enhance the Office of Foreign Assets Control’s ef10 forts in the United States to combat Middle Eastern terror11 ism, $3,000,000, to remain available until expended: Pro12 vided, That such activities shall include efforts to enforce

13 Executive Order 12947 (‘‘Prohibiting Transactions with

14 Terrorists Who Threaten to Disrupt the Middle East Peace

15 Process’’) to prevent fundraising in the United States on

16 the behalf of organizations that support terror to undermine

17 the peace process: Provided further, That the entire amount

18 is hereby designated by Congress as an emergency require19 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

20 Budget and Emergency Deficit Control Act of 1985, as

21 amended: Provided further, That the entire amount, shall

22 be available only to the extent an official budget request,

23 for a specific dollar amount, that includes designation of

24 the entire amount of the request as an emergency require25 ment as defined in the Balanced Budget and Emergency
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1 Deficit Control Act of 1985, as amended, is transmitted to

2 Congress.

3 This title may be cited as the ‘‘Emergency Supple4 mental Appropriations Act of 1996’’.

5 TITLE III—MISCELLANEOUS PROVISIONS

6 SEC. 3001. The President may make available funds

7 for population planning activities or other population as8 sistance pursuant to programs under title II and title IV

9 of the Foreign Operations, Export Financing, and Related

10 Programs Appropriations Act, 1996, Public Law 104–107,

11 notwithstanding the provisions of section 518A of such Act,

12 if he determines and reports to the Congress that the effects

13 of those restrictions would be that the demand for family

14 planning services would be less likely to be met and that

15 there would be a significant increase in abortions than

16 would otherwise be the case in the absence of such restric17 tions.

18 SEC. 3002. Section 308(d) of the Interjurisdictional

19 Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended—

20 (1) in the heading, by striking ‘‘GRANTS’’ and

21 inserting ‘‘ASSISTANCE’’;

22 (2) in paragraph (1), by striking ‘‘award grants

23 to persons engaged in commercial fisheries, for unin24 sured losses determined by the Secretary to have been

25 suffered’’ and inserting ‘‘assist persons engaged in
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1 commercial fisheries by providing direct assistance to

2 those persons or by providing indirect assistance to

3 those persons through assistance to agencies of States

4 and political subdivisions thereof and to nonprofit or5 ganizations, for projects or other measures designed to

6 alleviate harm that the Secretary determines was in7 curred’’;

8 (3) in paragraph (3), by striking ‘‘a grant’’ and

9 inserting ‘‘direct assistance to a person’’;

10 (4) by striking ‘‘gross revenues annually,’’ in

11 paragraph (3) and inserting ‘‘net annual revenue

12 from commercial fisheries,’’;

13 (5) by striking paragraph (4) and inserting the

14 following:

15 ‘‘(4) Assistance may not be provided under this

16 subsection as part of a fishing capacity reduction

17 program in a fishery unless the Secretary determines

18 that—

19 ‘‘(A) adequate conservation and manage20 ment measures are in place in that fishery; and

21 ‘‘(B) adequate measures are in place to pre22 vent the replacement of fishing capacity elimi23 nated by the program in that fishery.’’; and

24 (6) in paragraph (5), by striking ‘‘for awarding

25 grants’’ and all that follows through the end of the
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1 paragraph and inserting ‘‘for providing assistance

2 under this subsection.’’.

3 SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFI4 NANCING.

5 (a) DEFINITIONS.—

6 For the purposes of this section—

7 (1) ‘‘Administrator’’ means the Adminis8 trator of the Bonneville Power Administration;

9 (2) ‘‘capital investment’’ means a capital10 ized cost funded by Federal appropriations

11 that—

12 (A) is for a project, facility, or sepa13 rable unit or feature of a project or facility;

14 (B) is a cost for which the Adminis15 trator is required by law to establish rates

16 to repay to the United States Treasury

17 through the sale of electric power, trans18 mission, or other services;

19 (C) excludes a Federal irrigation in20 vestment; and

21 (D) excludes an investment financed by

22 the current revenues of the Administrator or

23 by bonds issued and sold, or authorized to

24 be issued and sold, by the Administrator

25 under section 13 of the Federal Columbia
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1 River Transmission System Act (16 U.S.C.

2 838k);

3 (3) ‘‘new capital investment’’ means a cap4 ital investment for a project, facility, or sepa5 rable unit or feature of a project or facility,

6 placed in service after September 30, 1996;

7 (4) ‘‘old capital investment’’ means a cap8 ital investment the capitalized cost of which—

9 (A) was incurred, but not repaid, be10 fore October 1, 1996, and

11 (B) was for a project, facility, or sepa12 rable unit or feature of a project or facility,

13 placed in service before October 1, 1996;

14 (5) ‘‘repayment date’’ means the end of the

15 period within which the Administrator’s rates

16 are to assure the repayment of the principal

17 amount of a capital investment; and

18 (6) ‘‘Treasury rate’’ means—

19 (A) for an old capital investment, a

20 rate determined by the Secretary of the

21 Treasury, taking into consideration prevail22 ing market yields, during the month preced23 ing October 1, 1996, on outstanding inter24 est-bearing obligations of the United States

25 with periods to maturity comparable to the
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1 period between October 1, 1996, and the re2 payment date for the old capital invest3 ment; and

4 (B) for a new capital investment, a

5 rate determined by the Secretary of the

6 Treasury, taking into consideration prevail7 ing market yields, during the month preced8 ing the beginning of the fiscal year in which

9 the related project, facility, or separable

10 unit or feature is placed in service, on out11 standing interest-bearing obligations of the

12 United States with periods to maturity

13 comparable to the period between the begin14 ning of the fiscal year and the repayment

15 date for the new capital investment.

16 (b) NEW PRINCIPAL AMOUNTS.—

17 (1) PRINCIPAL AMOUNT.—Effective October 1,

18 1996, an old capital investment has a new principal

19 amount that is the sum of—

20 (A) the present value of the old payment

21 amounts for the old capital investment, cal22 culated using a discount rate equal to the Treas23 ury rate for the old capital investment; and

24 (B) an amount equal to $100,000,000 mul25 tiplied by a fraction whose numerator is the
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1 principal amount of the old payment amounts

2 for the old capital investment and whose denomi3 nator is the sum of the principal amounts of the

4 old payment amounts for all old capital invest5 ments.

6 (2) DETERMINATION.—With the approval of the

7 Secretary of the Treasury based solely on consistency

8 with this section, the Administrator shall determine

9 the new principal amounts under subsection (b) and

10 the assignment of interest rates to the new principal

11 amounts under subsection (c).

12 (3) OLD PAYMENT AMOUNTS.—For the purposes

13 of this subsection, ‘‘old payment amounts’’ means, for

14 an old capital investment, the annual interest and

15 principal that the Administrator would have paid to

16 the United States Treasury from October 1, 1996, if

17 this section had not been enacted, assuming that—

18 (A) the principal were repaid—

19 (i) on the repayment date the Adminis20 trator assigned before October 1, 1994, to

21 the old capital investment, or

22 (ii) with respect to an old capital in23 vestment for which the Administrator has

24 not assigned a repayment date before Octo25 ber 1, 1994, on a repayment date the Ad-
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1 ministrator shall assign to the old capital

2 investment in accordance with paragraph

3 10(d)(1) of the version of Department of

4 Energy Order RA 6120.2 in effect on Octo5 ber 1, 1994; and

6 (B) interest were paid—

7 (i) at the interest rate the Adminis8 trator assigned before October 1, 1994, to

9 the old capital investment, or

10 (ii) with respect to an old capital in11 vestment for which the Administrator has

12 not assigned an interest rate before October

13 1, 1994, at a rate determined by the Sec14 retary of the Treasury, taking into consider15 ation prevailing market yields, during the

16 month preceding the beginning of the fiscal

17 year in which the related project, facility,

18 or separable unit or feature is placed in

19 service, on outstanding interest-bearing obli20 gations of the United States with periods to

21 maturity comparable to the period between

22 the beginning of the fiscal year and the re23 payment date for the old capital invest24 ment.

25 (c) INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.—
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1 As of October 1, 1996, the unpaid balance on the

2 new principal amount established for an old capital

3 investment under subsection (b) bears interest annu4 ally at the Treasury rate for the old capital invest5 ment until the earlier of the date that the new prin6 cipal amount is repaid or the repayment date for the

7 new principal amount.

8 (d) REPAYMENT DATES.—

9 As of October 1, 1996, the repayment date for the

10 new principal amount established for an old capital

11 investment under subsection (b) is no earlier than the

12 repayment date for the old capital investment as13 sumed in subsection (b)(3)(A).

14 (e) PREPAYMENT LIMITATIONS.—

15 During the period October 1, 1996, through Sep16 tember 30, 2001, the total new principal amounts of

17 old capital investments, as established under sub18 section (b), that the Administrator may pay before

19 their respective repayment dates shall not exceed

20 $100,000,000.

21 (f) INTEREST RATES FOR NEW CAPITAL INVESTMENTS

22 DURING CONSTRUCTION.—

23 (1) NEW CAPITAL INVESTMENT.—The principal

24 amount of a new capital investment includes interest

25 in each fiscal year of construction of the related
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1 project, facility, or separable unit or feature at a rate

2 equal to the one-year rate for the fiscal year on the

3 sum of—

4 (A) construction expenditures that were

5 made from the date construction commenced

6 through the end of the fiscal year, and

7 (B) accrued interest during construction.

8 (2) PAYMENT.—The Administrator is not re9 quired to pay, during construction of the project, fa10 cility, or separable unit or feature, the interest cal11 culated, accrued, and capitalized under subsection

12 (f)(1).

13 (3) ONE-YEAR RATE.—For the purposes of this

14 section, ‘‘one-year rate’’ for a fiscal year means a rate

15 determined by the Secretary of the Treasury, taking

16 into consideration prevailing market yields, during

17 the month preceding the beginning of the fiscal year,

18 on outstanding interest-bearing obligations of the

19 United States with periods to maturity of approxi20 mately one year.

21 (g) INTEREST RATES FOR NEW CAPITAL INVEST22 MENTS.—

23 The unpaid balance on the principal amount of

24 a new capital investment bears interest at the Treas25 ury rate for the new capital investment from the date
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1 the related project, facility, or separable unit or fea2 ture is placed in service until the earlier of the date

3 the new capital investment is repaid or the repay4 ment date for the new capital investment.

5 (h) CREDITS TO ADMINISTRATOR’S REPAYMENT TO

6 THE UNITED STATES TREASURY.—

7 The Confederated Tribe of the Colville Reserva8 tion Grand Coulee Dam Settlement Act (Public Law

9 No. 103–436; 108 Stat. 4577) is amended by striking

10 section 6 and inserting the following:

11 ‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAYMENT TO

12 THE UNITED STATES TREASURY

13 So long as the Administrator makes annual payments

14 to the tribes under the settlement agreement, the Adminis15 trator shall apply against amounts otherwise payable by

16 the Administrator to the United States Treasury a credit

17 that reduces the Administrator’s payment, in the amount

18 and for each fiscal year as follows: $15,860,000 in fiscal

19 year 1997; $16,490,000 in fiscal year 1998; $17,150,000 in

20 fiscal year 1999; $17,840,000 in fiscal year 2000;

21 $18,550,000 in fiscal year 2001; and $4,600,000 in each

22 succeeding fiscal year.’’.

23 (i) CONTRACT PROVISIONS.—

24 In each contract of the Administrator that pro25 vides for the Administrator to sell electric power,
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1 transmission, or related services, and that is in effect

2 after September 30, 1996, the Administrator shall

3 offer to include, or as the case may be, shall offer to

4 amend to include, provisions specifying that after

5 September 30, 1996—

6 (1) the Administrator shall establish rates

7 and charges on the basis that—

8 (A) the principal amount of an old

9 capital investment shall be no greater than

10 the new principal amount established under

11 subsection (b);

12 (B) the interest rate applicable to the

13 unpaid balance of the new principal

14 amount of an old capital investment shall

15 be no greater than the interest rate estab16 lished under subsection (c);

17 (C) any payment of principal of an

18 old capital investment shall reduce the out19 standing principal balance of the old cap20 ital investment in the amount of the pay21 ment at the time the payment is tendered;

22 and

23 (D) any payment of interest on the un24 paid balance of the new principal amount

25 of an old capital investment shall be a cred-
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1 it against the appropriate interest account

2 in the amount of the payment at the time

3 the payment is tendered;

4 (2) apart from charges necessary to repay

5 the new principal amount of an old capital in6 vestment as established under subsection (b) and

7 to pay the interest on the principal amount

8 under subsection (c), no amount may be charged

9 for return to the United States Treasury as re10 payment for or return on an old capital invest11 ment, whether by way of rate, rent, lease pay12 ment, assessment, user charge, or any other fee;

13 (3) amounts provided under section 1304 of

14 title 31, United States Code, shall be available to

15 pay, and shall be the sole source for payment of,

16 a judgment against or settlement by the Admin17 istrator or the United States on a claim for a

18 breach of the contract provisions required by this

19 Part; and

20 (4) the contract provisions specified in this

21 Part do not—

22 (A) preclude the Administrator from

23 recovering, through rates or other means,

24 any tax that is generally imposed on elec25 tric utilities in the United States, or
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1 (B) affect the Administrator’s author2 ity under applicable law, including section

3 7(g) of the Pacific Northwest Electric Power

4 Planning and Conservation Act (16 U.S.C.

5 839e(g)), to—

6 (i) allocate costs and benefits, in7 cluding but not limited to fish and

8 wildlife costs, to rates or resources, or

9 (ii) design rates.

10 (j) SAVINGS PROVISIONS.—

11 (1) REPAYMENT.—This subchapter does not af12 fect the obligation of the Administrator to repay the

13 principal associated with each capital investment,

14 and to pay interest on the principal, only from the

15 ‘‘Administrator’s net proceeds,’’ as defined in section

16 13 of the Federal Columbia River Transmission Sys17 tem Act (16 U.S.C. 838k(b)).

18 (2) PAYMENT OF CAPITAL INVESTMENT.—Except

19 as provided in subsection (e), this section does not af20 fect the authority of the Administrator to pay all or

21 a portion of the principal amount associated with a

22 capital investment before the repayment date for the

23 principal amount.

24 SEC. 3004. Notwithstanding any other provision of

25 law, of the amounts made available under the Federal
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1 Transit Administration’s Discretionary Grants program

2 for Kauai, Hawaii in Public Law 103–122 and Public Law

3 103–311, $3,250,000 shall be transferred to and adminis4 tered in accordance with 49 U.S.C. 5307 and made avail5 able for operating expenses to Kauai, Hawaii.

6 SEC. 3005. The Secretary shall advance emergency re7 lief funds to the State of Missouri for the replacement in

8 kind of the Hannibal Bridge on the Mississippi River dam9 aged by the 1993 floods notwithstanding the provisions of

10 section 125 of title 23, United States Code: Provided, That

11 this provision shall be subject to the Federal Share provi12 sions of section 120, title 123, United States Code.

13 SEC. 3006. (a) SURFACE TRANSPORTATION PRO14 GRAM.—Notwithstanding section 133 of title 23, United

15 States Code, for fiscal year 1996 and each subsequent fiscal

16 year, the State of Vermont may obligate funds apportioned

17 to the State for the surface transportation program estab18 lished under section 133 of the title for—

19 (1) construction, reconstruction, rehabilitation,

20 resurfacing, restoration, and operational improve21 ments for railroads, including any such construction

22 or reconstruction necessary to accommodate other

23 transportation modes;

24 (2) all eligible activities under section 5311 of

25 title 49, United States Code, and publicly owned rail
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1 passenger terminals and facilities, including termi2 nals and facilities owned by the National Railroad

3 Passenger Corporation;

4 (3) capital costs for passenger rail services; and

5 (4) beginning in fiscal year 1997, operating costs

6 for passenger rail services.

7 (b) CONGESTION MITIGATION AND AIR QUALITY IM8 PROVEMENT PROGRAM.—Notwithstanding section 149 of

9 title 23, United States Code, for fiscal year 1996 and each

10 subsequent fiscal year, the State of Vermont may obligate

11 funds apportioned to the State for the congestion mitigation

12 and air quality improvement program established under the

13 section for a transportation project or program that—

14 (1) is for an area in the State described in the

15 matter preceding paragraph (1) of section 149(b) of

16 the title; and

17 (2) will have air quality benefits through con18 struction of, and operational improvements for, inter19 city passenger rail facilities, operation of intercity

20 passenger rail trains, and acquisition of rolling stock

21 for intercity passenger rail service, except that not

22 more than 50 percent of the amount received by the

23 State for a fiscal year under this subsection may be

24 obligated for operating support.
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1 SEC. 3007. Any funds heretofore appropriated and

2 made available in Public Law 102–104 and Public Law

3 102–377 to carry out the provisions for the project for navi4 gation, St. Louis Harbor, Missouri and Illinois; may be

5 utilized by the Secretary of the Army in carrying out the

6 Upper Mississippi and Illinois Waterway System Naviga7 tion Study, Iowa, Illinois, Missouri, Wisconsin, Minnesota,

8 in fiscal year 1996 or until expended.

9 SEC. 3008. The Secretary of Health and Human Serv10 ices shall grant a waiver of the requirements set forth in

11 section 1903(m)(2)(A)(ii) of the Social Security Act to D.C.

12 Chartered Health Plan, Inc. of the District of Columbia:

13 Provided, That such waiver shall be deemed to have been

14 in place for all contract periods from October 1, 1991

15 through the current contract period or October 1, 1999,

16 whichever shall be later.

17 SEC. 3009. Of the funds appropriated by Public Law

18 104–37 or otherwise made available to the Food Safety and

19 Inspection Service for fiscal year 1996, not less than

20 $363,000,000 shall be available for salaries and benefits of

21 in-plant personnel: Provided, That this limitation shall not

22 apply if the Secretary of Agriculture certifies to the House

23 and Senate Committees on Appropriations that a lesser

24 amount will be adequate to fully meet in-plant inspection

25 requirements for the fiscal year.
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1 SEC. 3010. The appropriation for the Arms Control

2 and Disarmament Agency in Public Law 103–317 (108

3 Stat. 1768) is amended by deleting after ‘‘until expended’’

4 the following: ‘‘only for activities related to the implementa5 tion of the Chemical Weapons Convention’’: Provided, That

6 amounts made available shall not be used to undertake new

7 programs or to increase employment above levels on board

8 at the time of enactment of this Act.

9 SEC. 3011. Section 347(b)(3) of the Department of

10 Transportation and Related Agencies Appropriations Act,

11 1996 (P.L. 104–50), is amended to read as follows:

12 ‘‘(3) chapter 71, relating to labor-management

13 relations,’’.

14 SEC. 3012. Within its Mission to Planet Earth pro15 gram, NASA is urged to fund Phase A studies for a radar

16 satellite initiative.

17 SEC. 3013. ESTABLISHMENT OF PROHIBITION AGAINST

18 ABORTION-RELATED DISCRIMINATION IN

19 TRAINING AND LICENSING OF PHYSICIANS.

20 Part B of title II of the Public Health Service Act (42

21 U.S.C. 238 et seq.) is amended by adding at the end the

22 following section:
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1 ‘‘ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL

2 ACTIVITIES REGARDING TRAINING AND LICENSING OF

3 PHYSICIANS

4 ‘‘SEC. 245. (a) IN GENERAL.—The Federal Govern5 ment, and any State or local government that receives Fed6 eral financial assistance, may not subject any health care

7 entity to discrimination on the basis that—

8 ‘‘(1) the entity refuses to undergo training in the

9 performance of induced abortions, to require or pro10 vide such training, to perform such abortions, or to

11 provide referrals for such training or such abortions;

12 ‘‘(2) the entity refuses to make arrangements for

13 any of the activities specified in paragraph (1); or

14 ‘‘(3) the entity attends (or attended) a post15 graduate physician training program, or any other

16 program of training in the health professions, that

17 does not (or did not) perform induced abortions or re18 quire, provide or refer for training in the performance

19 of induced abortions, or make arrangements for the

20 provision of such training.

21 ‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN

22 TRAINING PROGRAMS.—

23 ‘‘(1) IN GENERAL.—In determining whether to

24 grant a legal status to a health care entity (including

25 a license or certificate), or to provide such entity with
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1 financial assistance, services or other benefits, the

2 Federal Government, or any State or local govern3 ment that receives Federal financial assistance, shall

4 deem accredited any postgraduate physician training

5 program that would be accredited but for the accredit6 ing agency’s reliance upon an accreditation standards

7 that requires an entity to perform an induced abor8 tion or require, provide, or refer for training in the

9 performance of induced abortions, or make arrange10 ments for such training, regardless of whether such

11 standard provides exceptions or exemptions. The gov12 ernment involved shall formulate such regulations or

13 other mechanisms, or enter into such agreements with

14 accrediting agencies, as are necessary to comply with

15 this subsection.

16 ‘‘(2) RULES OF CONSTRUCTION.—

17 ‘‘(A) IN GENERAL.—With respect to

18 subclauses (I) and (II) of section 705(a)(2)(B)(i)

19 (relating to a program of insured loans for

20 training in the health professions), the require21 ments in such subclauses regarding accredited

22 internship or residency programs are subject to

23 paragraph (1) of this subsection.

24 ‘‘(B) EXCEPTIONS.—This section shall

25 not—
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1 ‘‘(i) prevent any health care entity

2 from voluntarily electing to be trained, to

3 train, or to arrange for training in the per4 formance of, to perform, or to make referrals

5 for induced abortions; or

6 ‘‘(ii) prevent an accrediting agency or

7 a Federal, State or local government from

8 establishing standards of medical com9 petency applicable only to those individuals

10 who have voluntarily elected to perform

11 abortions.

12 ‘‘(c) DEFINITIONS.—For purposes of this section:

13 ‘‘(1) The term ‘financial assistance’, with respect

14 to a government program, includes governmental pay15 ments provided as reimbursement for carrying out

16 health-related activities.

17 ‘‘(2) The term ‘health care entity’ includes an in18 dividual physician, a postgraduate physician train19 ing program, and a participant in a program of

20 training in the health professions.

21 ‘‘(3) The term ‘postgraduate physician training

22 program’ includes a residency training program.’’.

23 SEC. 3014. (a) The Senate finds that:

24 (1) Record low temperatures across the country

25 this winter, coupled with record snowfalls in many
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1 areas, have generated substantial and sustained de2 mand among eligible low-income Americans for home

3 heating assistance, and put many who face heating4 related crises at risk.

5 (2) Home heating assistance for working and

6 low-income families with children, the elderly on fixed

7 incomes, the disabled, and others who need such help

8 is a critical part of the social safety net in cold9 weather areas.

10 (3) The President has released approximately

11 $900,000,000 in regular Low Income Home Energy

12 Assistance Program (LIHEAP) funding for this year,

13 compared to a funding level of $1,319,000,000 last

14 year, and a large LIHEAP funding shortfall remains

15 which has adversely affected eligible recipients in

16 many cold-weather States.

17 (4) LIHEAP is a highly targeted, cost-effective

18 way to help approximately 6 million low-income

19 Americans to pay their energy bills. More than two20 thirds of LIHEAP-eligible households have annual in21 comes of less than $8,000; more than one-half have

22 annual incomes below $6,000.

23 (5) LIHEAP program funding has been substan24 tially reduced in recent years, and cannot sustain

25 any further spending cuts if the program is to remain
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1 a viable means of meeting the home heating and other

2 energy-related needs of low-income people in cold3 weather States.

4 (6) Traditionally, LIHEAP has received advance

5 appropriations for the next fiscal year. This allows

6 States to properly plan for the upcoming winter and

7 best serve the energy needs of low-income families.

8 (7) Congress was not able to pass an appropria9 tions bill for the Departments of Labor, Health and

10 Human Services, and Education by the beginning of

11 this fiscal year and it was only because LIHEAP re12 ceived advance appropriations last fiscal year that

13 the President was able to release the $578,000,000 he

14 did in December—the bulk of the funds made avail15 able to the States this winter.

16 (8) There is currently available to the President

17 up to $300,000,000 in emergency LIHEAP funding,

18 which could be made available immediately, on a tar19 geted basis, to meet the urgent home heating needs of

20 eligible persons who otherwise could be faced with

21 heating-related emergencies, including shut-offs, in the

22 coming weeks.

23 (b) Therefore, it is the sense of the Senate that—

24 (1) the President should release immediately a

25 substantial portion of available emergency funding
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1 for the Low Income Home Energy Assistance Pro2 gram for fiscal year 1996, to help meet continuing ur3 gent needs for home heating assistance during this

4 unusually cold winter; and

5 (2) not less than the $1,000,000,000 in regular

6 advance-appropriated LIHEAP funding for next win7 ter provided for in this bill should be retained in a

8 House-Senate conference on this measure.

9 SEC. 3015. LAND EXCHANGE

10 (a) SHORT TITLE.—This section may be cited as the

11 ‘‘Greens Creek Land Exchange Act of 1996’’.

12 (b) FINDINGS.—The Congress makes the following

13 findings:

14 (1) The Alaska National Interest Lands Con15 servation Act established the Admiralty Island Na16 tional Monument and sections 503 and 504 of that

17 Act provided special provisions under which the

18 Greens Creek Claims would be developed. The provi19 sions supplemented the general mining laws under

20 which these claims were staked.

21 (2) The Kennecott Greens Creek Mining Com22 pany, Inc., currently holds title to the Greens Creek

23 Claims, and the area surrounding these claims has

24 further mineral potential which is yet unexplored.
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1 (3) Negotiations between the United States For2 est Service and the Kennecott Greens Creek Mining

3 Company, Inc., have resulted in an agreement by

4 which the area surrounding the Greens Creek Claims

5 could be explored and developed under terms and con6 ditions consistent with the protection of the values of

7 the Admiralty Island National Monument.

8 (4) The full effectuation of the Agreement, by its

9 terms, requires the approval and ratification by Con10 gress.

11 (c) DEFINITIONS.—As used in this section—

12 (1) the term ‘‘Agreement’’ means the document

13 entitled the ‘‘Greens Creek Land Exchange Agree14 ment’’ executed on December 14, 1994, by the Under

15 Secretary of Agriculture for Natural Resources and

16 Environment on behalf of the United States and the

17 Kennecott Greens Creek Mining Company and

18 Kennecott Corporation;

19 (2) the term ‘‘ANILCA’’ means the Alaska Na20 tional Interest Lands Conservation Act, Public Law

21 96–487 (94 Stat. 2371);

22 (3) the term ‘‘conservation system unit’’ has the

23 same meaning as defined in section 102(4) of

24 ANILCA;
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1 (4) the term ‘‘Greens Creek Claims’’ means those

2 patented mining claims of Kennecott Greens Creek

3 Mining Company within the Monument recognized

4 pursuant to section 504 of ANILCA;

5 (5) the term ‘‘KGCMC’’ means the Kennecott

6 Greens Creek Mining Company, Inc., a Delaware cor7 poration;

8 (6) the term ‘‘Monument’’ means the Admiralty

9 Island National Monument in the State of Alaska es10 tablished by section 503 of ANILCA;

11 (7) the term ‘‘Royalty’’ means Net Island Re12 ceipts Royalty as that latter term is defined in Ex13 hibit C to the Agreement; and

14 (8) the term ‘‘Secretary’’ means the Secretary of

15 Agriculture.

16 (d) RATIFICATION OF THE AGREEMENT.—The Agree17 ment is hereby ratified and confirmed as to the duties and

18 obligations of the United States and its agencies, and

19 KGCMC and Kennecott Corporation, as a matter of Federal

20 law. The agreement may be modified or amended, without

21 further action by the Congress, upon written agreement of

22 all parties thereto and with notification in writing being

23 made to the appropriate committees of the Congress.

24 (e) IMPLEMENTATION OF THE AGREEMENT.—
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1 (1) LAND ACQUISITION.—Without diminishment

2 of any other land acquisition authority of the Sec3 retary in Alaska and in furtherance of the purposes

4 of the Agreement, the Secretary is authorized to ac5 quire lands and interests in land within conservation

6 system units in the Tongass National Forest, and any

7 land or interest in land so acquired shall be adminis8 tered by the Secretary as part of the National Forest

9 System and any conservation system unit in which it

10 is located. Priority shall be given to acquisition of

11 non-Federal lands within the Monument.

12 (2) ACQUISITION FUNDING.—There is hereby es13 tablished in the Treasury of the United States an ac14 count entitled the ‘Greens Creek Land Exchange Ac15 count’ into which shall be deposited the first

16 $5,000,000 in royalties received by the United States

17 under part 6 of the Agreement after the distribution

18 of the amounts pursuant to paragraph (3) of this sub19 section. Such moneys in the special account in the

20 Treasury may, to the extent provided in appropria21 tions Acts, be used for land acquisition pursuant to

22 paragraph (1) of this subsection.

23 (3) TWENTY-FIVE PERCENT FUND.—All royalties

24 paid to the United States under the Agreement shall

25 be subject to the 25 percent distribution provisions of
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1 the Act of May 23, 1908, as amended (16 U.S.C. 500)

2 relating to payments for roads and schools.

3 (4) MINERAL DEVELOPMENT.—Notwithstanding

4 any provision of ANILCA to the contrary, the lands

5 and interests in lands being conveyed to KGCMC

6 pursuant to the Agreement shall be available for min7 ing and related activities subject to and in accordance

8 with the terms of the Agreement and conveyances

9 made thereunder.

10 (5) ADMNISTRATION.—The Secretary of Agri11 culture is authorized to implement and administer

12 the rights and obligations of the Federal Government

13 under the Agreement, including monitoring the Gov14 ernment’s interests relating to extralateral rights, col15 lecting royalties, and conducting audits. The Sec16 retary may enter into cooperative arrangements with

17 other Federal agencies for the performance of any

18 Federal rights or obligations under the Agreement or

19 this Act.

20 (6) REVERSIONS.—Before reversion to the United

21 States of KGCMC properties located on Admiralty Is22 land, KGCMC shall reclaim the surface disturbed in

23 accordance with an approved plan of operations and

24 applicable laws and regulations. Upon reversion to

25 the United States of KGCMC properties located on
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1 Admiralty, those properties located within the Monu2 ment shall become part of the Monument and those

3 properties lying outside the Monument shall be man4 aged as part of the Tongass National Forest.

5 (7) SAVINGS PROVISIONS.—Implementation of

6 the Agreement in accordance with this section shall

7 not be deemed a major Federal action significantly

8 affecting the quality of the human environment, nor

9 shall implementation require further consideration

10 pursuant to the National Historic Preservation Act,

11 title VIII of ANILCA, or any other law.

12 (f) RECISION RIGHTS.—Within 60 days of the enact13 ment of this section, KGCMC and Kennecott Corporation

14 shall have a right to rescind all rights under the Agreement

15 and this section. Recision shall be effected by a duly author16 ized resolution of the Board of Directors of either KGCMC

17 or Kennecott Corporation and delivered to the Chief of the

18 Forest Service at the Chief’s principal office in Washington.

19 District of Columbia. In the event of a recision, the status

20 quo ante provisions of the Agreement shall apply.

21 SEC. 3016. SEAFOOD SAFETY.

22 Notwithstanding any other provision of law, any do23 mestic fish or fish product produced in compliance with

24 food safety standards or procedures accepted by the Food

25 and Drug Administration as satisfying the requirements of
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1 the ‘‘Procedures for the Safe and Sanitary Processing and

2 Importing of Fish and Fish Products’’ (published by the

3 Food and Drug Administration as a final regulation in the

4 Federal Register of December 18, 1995), shall be deemed to

5 have met any inspection requirements of the Department

6 of Agriculture or other Federal agency for any Federal com7 modity purchase program, including the program author8 ized under section 32 of the Act of August 24, 1935 (7

9 U.S.C. 612c) except that the Department of Agriculture or

10 other Federal agency may utilize lot inspection to establish

11 a reasonable degree of certainty that fish or fish products

12 purchased under a Federal commodity purchase program,

13 including the program authorized under section 32 of the

14 Act of August 24, 1935 (7 U.S.C. 612c), meet Federal prod15 uct specifications.

16 SEC. 3017. CONTINUED OPERATION OF AN EXISTING HY17 DROELECTRIC FACILITY IN MONTANA.

18 (a) Notwithstanding section 10(e)(1) of the Federal

19 Power Act (16 U.S.C. 803(e)(1)) or any other law requiring

20 payment to the United States of an annual or other charge

21 for the use, occupancy, and enjoyment of land by the holder

22 of a license issued by the Federal Energy Regulatory Com23 mission under part I of the Federal Power Act (16 U.S.C.

24 792 et seq.) for project numbered 1473: Provided, That the

25 current licensee receives no payment or consideration for
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1 the transfer of the license a political subdivision of the State

2 of Montana that accepts the license—

3 (1) shall not be required to pay such charges

4 during the 5-year period following the date of accept5 ance; and

6 (2) after that 5-year period, and for so long as

7 the political subdivision holds the license, shall not be

8 required to pay such charges that exceed 100

9 percentum of the net revenues derived from the sale of

10 electric power from the project.

11 (b) The provisions of subsection (a) shall not be effec12 tive if—

13 (1) a competing license application is filed with14 in 90 days of the date of enactment of this Act; or

15 (2) the Federal Energy Regulatory Commission

16 issues an order within 90 days of the date of enact17 ment of this Act which makes a determination that in

18 the absence of the reduction in charges provided by

19 subsection (a) the license transfer will occur.

20 SEC. 3018. SENSE OF THE SENATE REGARDING THE

21 BUDGET TREATMENT OF FEDERAL DISASTER ASSIST22 ANCE.—It is the sense of the Senate that the conference on

23 S. 1594, making omnibus consolidated rescissions and ap24 propriations for the fiscal year ending September 30, 1996,

25 and for other purposes, shall find sufficient funding reduc-
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1 tions to offset the costs of providing any Federal disaster

2 assistance.

3 SEC. 3019. SENSE OF THE SENATE REGARDING THE

4 BUDGET TREATMENT OF FEDERAL DISASTER ASSIST5 ANCE.—It is the sense of the Senate that Congress and the

6 relevant committees of the Senate shall examine the manner

7 in which Federal disaster assistance is provided and de8 velop a long-term funding plan for the budgetary treatment

9 of any Federal assistance, providing for such funds out of

10 existing budget allocation rather than taking the expendi11 tures off budget and adding to the Federal deficit.

12 SEC. 3020. None of the funds made available by this

13 Act or any previous Act shall be expended if such expendi14 ture would cause total fiscal year 1996 non-defense discre15 tionary expenditures for:

16 (1) Agriculture, rural development and related

17 programs or activities contained in this or prior year

18 Acts to exceed $13,581,000,000;

19 (2) Commerce, Justice, State, the Judiciary and

20 related programs or activities contained in this or

21 prior year Acts to exceed $23,762,000,000;

22 (3) Energy and water development programs or

23 activities contained in this or prior year Acts to ex24 ceed $9,272,000,000;
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1 (4) Foreign operations programs or activities

2 contained in this or prior year Acts to exceed

3 $13,867,000,000;

4 (5) Interior and related programs or activities

5 contained in this or prior year Acts to exceed

6 $13,215,000,000;

7 (6) Labor, Health and Human Services, Edu8 cation and related programs or activities contained

9 in this or prior year Acts to exceed $68,565,000,000;

10 (7) Transportation and related programs or ac11 tivities contained in this or prior year Acts to exceed

12 $36,756,000,000; and

13 (8) Veterans Affairs, Housing and independent

14 agencies’ programs or activities contained in this or

15 prior year Acts to exceed $74,270,000,000: Provided,

16 That the President shall report to the Committees on

17 Appropriations within 30 days of the enactment into

18 law of this Act on the implementation of this section:

19 Provided further, That no more than 50 percent of the

20 funds appropriated or otherwise made available for

21 obligation for non-defense programs and activities in

22 TITLE II—EMERGENCY APPROPRIATIONS—of

23 this Act and containing an emergency designation

24 shall be expended until the report mentioned in the
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1 preceding proviso is transmitted to the Committees on

2 Appropriations.

3 SEC. 3021. WALLA WALLA MEDICAL CENTER.

4 (a) Designation.—The Walla Walla Veterans Medical

5 Center located at 77 Wainwright Drive, Walla Walla,

6 Washington, shall be known and designated as the ‘‘Jona7 than M. Wainwright Memorial VA Medical Center’’.

8 (b) References.—Any reference in a law, map, regula9 tion, document, paper, or other record of the United States

10 to the Walla Walla Veterans Medical Center referred to in

11 subsection (a) shall be deemed to be a reference to the ‘‘Jona12 than M. Wainwright Memorial VA Medical Center’’.

13 SEC. 3022. PLAN FOR ALLOCATION OF HEALTH CARE RE14 SOURCES BY DEPARTMENT OF VETERANS AF15 FAIRS.

16 (a) PLAN.—(1) The Secretary of Veterans Affairs shall

17 develop a plan for the allocation of health care resources

18 (including personnel and funds) of the Department of Veter19 ans Affairs among the health care facilities of the Depart20 ment so as to ensure that veterans having similar economic

21 status, eligibility priority and, or, similar medical condi22 tions who are eligible for medical care in such facilities have

23 similar access to such care in such facilities regardless of

24 the region of the United States in which such veterans re25 side.
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1 (2) The Plan shall reflect, to the maximum extent pos2 sible, the Veterans Integrated Service Network, as well as

3 the Resource Planning and Management System developed

4 by the Department of Veterans Affairs to account for fore5 casts in expected workload and to ensure fairness to facili6 ties that provide cost-efficient health care, and shall include

7 procedures to identify reasons for variations in operating

8 costs among similar facilities and ways to improve the allo9 cation of resources so as to promote efficient use of resources

10 and provision of quality health care.

11 (3) The Secretary shall prepare the plan in consulta12 tion with the Under Secretary of Health of the Department

13 of Veterans Affairs.

14 (b) PLAN ELEMENTS.—The plan under subsection (a)

15 shall set forth—

16 (1) milestones for achieving the goal referred to

17 in that subsection; and

18 (2) a means of evaluating the success of the Sec19 retary in meeting the goals through the plan.

20 (c) SUBMITTAL TO CONGRESS.—The Secretary shall

21 submit to Congress the plan developed under subsection (a)

22 not later than 180 days after the date of the enactment of

23 this Act.

24 (d) PLAN IMPLEMENTATION.—The Secretary shall im25 plement the plan developed under subsection (a) within 60
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1 days of submitting such plan to Congress under subsection

2 (b), unless within such period the Secretary notifies the ap3 propriate Committees of Congress that such plan will not

4 be implemented along with an explanation of why such

5 plan will not be implemented.

6 SEC. 3023. COMPOSITION OF NATIONAL COMMISSION ON

7 RESTRUCTURING THE INTERNAL REVENUE

8 SERVICE.

9 (a) IN GENERAL.—Section 637(b)(2) of the Treasury,

10 Postal Service, and General Government Appropriations

11 Act, 1996 (Public Law 104–52, 109 Stat. 509) is amend12 ed—

13 (1) by striking ‘‘thirteen’’ and inserting ‘‘seven14 teen’’, and

15 (2) in subparagraphs (B) and (D)—

16 (A) by striking ‘‘Two’’ and inserting

17 ‘‘Four’’, and

18 (B) by striking ‘‘one from private life’’ and

19 inserting ‘‘three from private life’’.

20 (b) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect as if included in the provisions of

22 the Treasury, Postal Service, and General Government Ap23 propriations Act, 1996.
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1 TITLE IV—CONTINGENCY

2 APPROPRIATIONS

3 CHAPTER 1

4 DEPARTMENTS OF COMMERCE, JUSTICE, AND

5 STATE, THE JUDICIARY, AND RELATED

6 AGENCIES

7 DEPARTMENT OF COMMERCE

8 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

9 INDUSTRIAL TECHNOLOGY SERVICES

10 In addition to funds provided elsewhere in this Act,

11 for necessary expenses of the Advanced Technology Program

12 of the National Institute of Standards and Technology,

13 $235,000,000, to remain available until expended: Pro14 vided, That none of the funds made available under this

15 heading in this or any other Act may be used for the pur16 poses of carrying out additional program competitions

17 under the Advanced Technology Program: Provided further,

18 That any unobligated balances from carryover of current

19 and prior year appropriations under the Advanced Tech20 nology Program may be used only for the purposes of pro21 viding continuation grants.
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1 TECHNOLOGY ADMINISTRATION

2 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

3 TECHNOLOGY POLICY

4 SALARIES AND EXPENSES

5 In addition to funds provided elsewhere in this Act,

6 $2,000,000, to remain available until October 30, 1997, for

7 grants to be awarded by the United States-Israel Science

8 and Technology Commission.

9 DEPARTMENT OF STATE

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

12 In addition to funds provided elsewhere in this Act for

13 Security and Maintenance of United States Missions and

14 under the same terms and conditions as are applicable to

15 those funds under this Act, $8,500,000, to remain available

16 until expended.

17 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

18 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

19 In addition to funds provided elsewhere in this Act for

20 Contributions to International Organizations and under

21 the same terms and conditions as are applicable to those

22 funds under this Act, $223,000,000.

23 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

24 ACTIVITIES

25 In addition to funds provided elsewhere in this Act for

26 Contributions for International Peacekeeping Activities and
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1 under the same terms and conditions as are applicable to

2 those funds under this Act, $215,000,000.

3 RELATED AGENCY

4 LEGAL SERVICES CORPORATION

5 PAYMENT TO THE LEGAL SERVICES CORPORATION

6 In addition to funds provided elsewhere in this Act,

7 for payment to the Legal Services Corporation to carry out

8 the purposes of the Legal Services Corporation Act of 1974,

9 as amended, $9,000,000 for basic field programs.

10 CHAPTER 2

11 DEPARTMENT OF THE INTERIOR

12 BUREAU OF LAND MANAGEMENT

13 PAYMENTS IN LIEU OF TAXES

14 In addition to funds provided elsewhere in this Act,

15 $12,500,000.

16 NATIONAL PARK SERVICE

17 OPERATIONS OF THE NATIONAL PARK SYSTEM

18 In addition to funds provided elsewhere in this Act,

19 $35,000,000.

20 BUREAU OF INDIAN AFFAIRS

21 OPERATION OF INDIAN PROGRAMS

22 In addition to funds provided elsewhere in this Act,

23 $35,000,000, to remain available until expended.
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1 DEPARTMENT OF ENERGY

2 ENERGY CONSERVATION

3 In addition to funds provided elsewhere in this Act,

4 $35,000,000, to remain available until expended.

5 CHAPTER 3

6 DEPARTMENTS OF LABOR, HEALTH AND HUMAN

7 SERVICES, AND EDUCATION, AND RELATED

8 AGENCIES

9 SUBCHAPTER A—AMOUNTS

10 In addition to the amounts provided in Title I of this

11 Act for the Department of Labor:

12 Under the heading ‘‘Training and Employment Serv13 ices’’, $1,213,300,000, of which $487,300,000 is available

14 for obligation for the period July 1, 1996 through June 30,

15 1997, and of which $91,000,000 is available from July 1,

16 1996, through September 30, 1997, for carrying out activi17 ties of the School-to-Work Opportunities Act, and of which

18 $635,000,000 is for carrying out title II, part B of the Job

19 Training Partnership Act;

20 Under the heading ‘‘State Unemployment Insurance

21 and Employment Service Operations’’, $18,000,000, which

22 shall be available for obligation for the period July 1, 1996

23 through June 30, 1997;

24 In addition to the amounts provided for in Title I of

25 this Act for the Department of Health and Human Services:
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1 Under the heading ‘‘Children and Families Services

2 Programs’’, $136,700,000.

3 In addition to the amounts provided for in Title I of

4 this Act for the Department of Education:

5 Under the heading ‘‘Education Reform’’,

6 $151,000,000, which shall become available on October 1,

7 1996 and shall remain available through September 30,

8 1997: Provided, That $60,000,000 shall be for the Goals

9 2000: Educate Act and $91,000,000 shall be for the School10 to-Work Opportunities Act.

11 Under the heading ‘‘Education for the Disadvan12 taged’’, $814,489,000, which shall become available for obli13 gation on October 1, 1996 and shall remain available

14 through September 30, 1997: Provided, That $700,228,000

15 shall be available for basic grants and $114,261,000 shall

16 be for concentration grants.

17 Under the heading ‘‘School Improvement Programs’’,

18 $208,000,000, which shall become available for obligation

19 on October 1, 1996 and shall remain available through Sep20 tember 30, 1997.

21 Under the heading ‘‘Vocational and Adult Education’’,

22 $82,750,000, which shall become available for obligation on

23 October 1, 1996 and shall remain available through Sep24 tember 30, 1997.
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1 Under the heading ‘‘Student Financial Assistance’’,

2 the maximum Pell Grant for which a student shall be eligi3 ble during award year 1996–1997 shall be increased by

4 $60.00: Provided, That funding for title IV, part E shall

5 be increased by $58,000,000 and funding for title IV, part

6 A, subpart 4 shall be increased by $32,000,000.

7 Under the heading ‘‘Education Research, Statistics,

8 and Improvement’’, $10,000,000 which shall become avail9 able for obligation on October 1, 1996 and shall remain

10 available through September 30, 1997, shall be for sections

11 3136 and 3141 of the Elementary and Secondary Edu12 cation Act.

13 SUBCHAPTER B—ADDITIONAL AMOUNTS

14 In addition to the amounts provided in Title I of this

15 Act for the Department of Labor:

16 Under the heading ‘‘Departmental Management, Sala17 ries and Expenses’’, $12,000,000, of which $10,000,000

18 shall be only for terminal leave, severance pay, and other

19 costs directly related to the reduction of the number of em20 ployees in the Department.

21 In addition to the amounts provided for in Title I of

22 this Act for the Department of Health and Human Services:

23 Under the heading ‘‘Health Resources and Services’’,

24 $55,256,000: Provided, That $52,000,000 of such funds shall

25 be used only for State AIDS Drug Assistance Programs au-
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1 thorized by section 2616 of the Public Health Service Act

2 and shall be distributed to States as authorized by section

3 2618(b)(2) of such Act; and

4 Under the heading ‘‘Substance Abuse and Mental

5 Health Services’’, $134,107,000.

6 SUBCHAPTER C—GENERAL PROVISIONS

7 Notwithstanding any other provision of this Act, sec8 tion 4002 shall not apply to part 1 of chapter 3 of title

9 IV.

10 ADMINISTRATION FOR CHILDREN AND FAMILIES

11 JOB OPPORTUNITIES AND BASIC SKILLS

12 (RESCISSION)

13 Of the funds made available under this heading else14 where in this Act, there is rescinded an amount equal to

15 the total of the funds within each State’s limitation for fis16 cal year 1996 that are not necessary to pay such State’s

17 allowable claims for such fiscal year.

18 Section 403(k)(3)(F) of the Social Security Act (as

19 amended by Public Law 100–485) is amended by adding:

20 ‘‘reduced by an amount equal to the total of those funds

21 that are within each State’s limitation for fiscal year 1996

22 that are not necessary to pay such State’s allowable claims

23 for such fiscal year (except that such amount for such year

24 shall be deemed to be $1,000,000,000 for the purpose of de25 termining the amount of the payment under subsection (1)

26 to which each State is entitled),’’.
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1 FEDERAL AVIATION ADMINISTRATION

2 GRANTS-IN-AID FOR AIRPORTS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 (RESCISSION OF CONTRACT AUTHORIZATION)

5 Of the available contract authority balances under this

6 account, $616,000,000 are rescinded.

7 SUBCHAPTER D—UNITED STATES ENRICHMENT

8 CORPORATION PRIVATIZATION

9 SEC. 401. SHORT TITLE.

10 This subchapter may be cited as the ‘‘USEC Privatiza11 tion Act’’.

12 SEC. 402. DEFINITIONS.

13 For purposes of this subchapter:

14 (1) The term ‘‘AVLIS’’ means atomic vapor laser

15 isotope separation technology.

16 (2) The term ‘‘Corporation’’ means the United

17 States Enrichment Corporation and, unless the con18 text otherwise requires, includes the private corpora19 tion and any successor thereto following privatiza20 tion.

21 (3) The term ‘‘gaseous diffusion plants’’ means

22 the Paducah Gaseous Diffusion Plant at Paducah,

23 Kentucky and the Portsmouth Gaseous Diffusion

24 Plant at Piketon, Ohio.
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1 (4) The term ‘‘highly enriched uranium’’ means

2 uranium enriched to 20 percent or more of the ura3 nium-235 isotope.

4 (5) The term ‘‘low-enriched uranium’’ means

5 uranium enriched to less than 20 percent of the ura6 nium-235 isotope, including that which is derived

7 from highly enriched uranium.

8 (6) The term ‘‘low-level radioactive waste’’ has

9 the meaning given such term in section 2(9) of the

10 Low-Level Radioactive Waste Policy Act (42 U.S.C.

11 2021b(9)).

12 (7) The term ‘‘private corporation’’ means the

13 corporation established under section 405.

14 (8) The term ‘‘privatization’’ means the transfer

15 of ownership of the Corporation to private investors.

16 (9) The term ‘‘privatization date’’ means the

17 date on which 100 percent of the ownership of the

18 Corporation has been transferred to private investors.

19 (10) The term ‘‘public offering’’ means an under20 written offering to the public of the common stock of

21 the private corporation pursuant to section 404.

22 (11) The ‘‘Russian HEU Agreement’’ means the

23 Agreement Between the Government of the United

24 States of America and the Government of the Russian

25 Federation Concerning the Disposition of Highly En-
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1 riched Uranium Extracted from Nuclear Weapons,

2 dated February 18, 1993.

3 (12) The term ‘‘Secretary’’ means the Secretary

4 of Energy.

5 (13) The ‘‘Suspension Agreement’’ means the

6 Agreement to Suspend the Antidumping Investigation

7 on Uranium from the Russian Federation, as amend8 ed.

9 (14) The term ‘‘uranium enrichment’’ means the

10 separation of uranium of a given isotopic content

11 into 2 components, 1 having a higher percentage of a

12 fissile isotope and 1 having a lower percentage.

13 SEC. 403. SALE OF THE CORPORATION.

14 (a) AUTHORIZATION.—The Board of Directors of the

15 Corporation, with the approval of the Secretary of the

16 Treasury, shall transfer the interest of the United States

17 in the United States Enrichment Corporation to the private

18 sector in a manner that provides for the long-term viability

19 of the Corporation, provides for the continuation by the

20 Corporation of the operation of the Department of Energy’s

21 gaseous diffusion plants, provides for the protection of the

22 public interest in maintaining a reliable and economical

23 domestic source of uranium mining, enrichment and con24 version services, and, to the extent not inconsistent with
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1 such purposes, secures the maximum proceeds to the United

2 States.

3 (b) PROCEEDS.—Proceeds from the sale of the United

4 States’ interest in the Corporation shall be deposited in the

5 general fund of the Treasury.

6 SEC. 404. METHOD OF SALE.

7 (a) AUTHORIZATION.—The Board of Directors of the

8 Corporation, with the approval of the Secretary of the

9 Treasury, shall transfer ownership of the assets and obliga10 tions of the Corporation to the private corporation estab11 lished under section 405 (which may be consummated

12 through a merger or consolidation effected in accordance

13 with, and having the effects provided under, the law of the

14 State of incorporation of the private corporation, as if the

15 Corporation were incorporated thereunder).

16 (b) BOARD DETERMINATION.—The Board, with the

17 approval of the Secretary of the Treasury, shall select the

18 method of transfer and establish terms and conditions for

19 the transfer that will provide the maximum proceeds to the

20 Treasury of the United States and will provide for the long21 term viability of the private corporation, the continued op22 eration of the gaseous diffusion plants, and the public inter23 est in maintaining reliable and economical domestic ura24 nium mining and enrichment industries.
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1 (c) ADEQUATE PROCEEDS.—The Secretary of the

2 Treasury shall not allow the privatization of the Corpora3 tion unless before the sale date the Secretary of the Treasury

4 determines that the method of transfer will provide the max5 imum proceeds to the Treasury consistent with the prin6 ciples set forth in section 403(a).

7 (d) APPLICATION OF SECURITIES LAWS.—Any offering

8 or sale of securities by the private corporation shall be sub9 ject to the Securities Act of 1933 (15 U.S.C. 77a et seq.),

10 the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),

11 and the provisions of the Constitution and laws of any

12 State, territory, or possession of the United States relating

13 to transactions in securities.

14 (e) EXPENSES.—Expenses of privatization shall be

15 paid from Corporation revenue accounts in the United

16 States Treasury.

17 SEC. 405. ESTABLISHMENT OF PRIVATE CORPORATION.

18 (a) INCORPORATION.—(1) The directors of the Cor19 poration shall establish a private for-profit corporation

20 under the laws of a State for the purpose of receiving the

21 assets and obligations of the Corporation at privatization

22 and continuing the business operations of the Corporation

23 following privatization.

24 (2) The directors of the Corporation may serve as

25 incorporators of the private corporation and shall take all
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1 steps necessary to establish the private corporation, includ2 ing the filing of articles of incorporation consistent with

3 the provisions of this subchapter.

4 (3) Employees and officers of the Corporation (includ5 ing members of the Board of Directors) acting in accordance

6 with this section on behalf of the private corporation shall

7 be deemed to be acting in their official capacities as employ8 ees or officers of the Corporation for purposes of section 205

9 of title 18, United States Code.

10 (b) STATUS OF THE PRIVATE CORPORATION.—(1) The

11 private corporation shall not be an agency, instrumentality,

12 or establishment of the United States, a Government cor13 poration, or a Government-controlled corporation.

14 (2) Except as otherwise provided by this subchapter,

15 financial obligations of the private corporation shall not be

16 obligations of, or guaranteed as to principal or interest by,

17 the Corporation or the United States, and the obligations

18 shall so plainly state.

19 (3) No action under section 1491 of title 28, United

20 States Code, shall be allowable against the United States

21 based on actions of the private corporation.

22 (c) APPLICATION OF POST-GOVERNMENT EMPLOYMENT

23 RESTRICTIONS.—Beginning on the privatization date, the

24 restrictions stated in section 207 (a), (b), (c), and (d) of

25 title 18, United States Code, shall not apply to the acts
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1 of an individual done in carrying out official duties as a

2 director, officer, or employee of the private corporation, if

3 the individual was an officer or employee of the Corpora4 tion (including a director) continuously during the 45 days

5 prior to the privatization date.

6 (d) DISSOLUTION.—In the event that the privatization

7 does not occur, the Corporation will provide for the dissolu8 tion of the private corporation within 1 year of the private

9 corporation’s incorporation unless the Secretary of the

10 Treasury or his delegate, upon the Corporation’s request,

11 agrees to delay any such dissolution for an additional year.

12 SEC. 406. TRANSFERS TO THE PRIVATE CORPORATION.

13 Concurrent with privatization, the Corporation shall

14 transfer to the private corporation—

15 (1) the lease of the gaseous diffusion plants in

16 accordance with section 407,

17 (2) all personal property and inventories of the

18 Corporation,

19 (3) all contracts, agreements, and leases under

20 section 408(a),

21 (4) the Corporation’s right to purchase power

22 from the Secretary under section 408(b),

23 (5) such funds in accounts of the Corporation

24 held by the Treasury or on deposit with any bank or
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1 other financial institution as approved by the Sec2 retary of the Treasury, and

3 (6) all of the Corporation’s records, including all

4 of the papers and other documentary materials, re5 gardless of physical form or characteristics, made or

6 received by the Corporation.

7 SEC. 407. LEASING OF GASEOUS DIFFUSION FACILITIES.

8 (a) TRANSFER OF LEASE.—Concurrent with privat9 ization, the Corporation shall transfer to the private cor10 poration the lease of the gaseous diffusion plants and relat11 ed property for the remainder of the term of such lease in

12 accordance with the terms of such lease.

13 (b) RENEWAL.—The private corporation shall have the

14 exclusive option to lease the gaseous diffusion plants and

15 related property for additional periods following the expira16 tion of the initial term of the lease.

17 (c) EXCLUSION OF FACILITIES FOR PRODUCTION OF

18 HIGHLY ENRICHED URANIUM.—The Secretary shall not

19 lease to the private corporation any facilities necessary for

20 the production of highly enriched uranium but may, subject

21 to the requirements of the Atomic Energy Act of 1954 (42

22 U.S.C. 2011 et seq.), grant the Corporation access to such

23 facilities for purposes other than the production of highly

24 enriched uranium.
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1 (d) DOE RESPONSIBILITY FOR PREEXISTING CONDI2 TIONS.—The payment of any costs of decontamination and

3 decommissioning, response actions, or corrective actions

4 with respect to conditions existing before July 1, 1993, at

5 the gaseous diffusion plants shall remain the sole respon6 sibility of the Secretary.

7 (e) ENVIRONMENTAL AUDIT.—For purposes of sub8 section (d), the conditions existing before July 1, 1993, at

9 the gaseous diffusion plants shall be determined from the

10 environmental audit conducted pursuant to section 1403(e)

11 of the Atomic Energy Act of 1954 (42 U.S.C. 2297c–2(e)).

12 (f) TREATMENT UNDER PRICE-ANDERSON PROVI13 SIONS.—Any lease executed between the Secretary and the

14 Corporation or the private corporation, and any extension

15 or renewal thereof, under this section shall be deemed to

16 be a contract for purposes of section 170d. of the Atomic

17 Energy Act of 1954 (42 U.S.C. 2210(d)).

18 (g) WAIVER OF EIS REQUIREMENT.—The execution or

19 transfer of the lease between the Secretary and the Corpora20 tion or the private corporation, and any extension or re21 newal thereof, shall not be considered to be a major Federal

22 action significantly affecting the quality of the human envi23 ronment for purposes of section 102 of the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 4332).
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1 SEC. 408. TRANSFER OF CONTRACTS.

2 (a) TRANSFER OF CONTRACTS.—Concurrent with pri3 vatization, the Corporation shall transfer to the private cor4 poration all contracts, agreements, and leases, including all

5 uranium enrichment contracts, that were—

6 (1) transferred by the Secretary to the Corpora7 tion pursuant to section 1401(b) of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2297c(b)), or

9 (2) entered into by the Corporation before the

10 privatization date.

11 (b) NONTRANSFERABLE POWER CONTRACTS.—The

12 Corporation shall transfer to the private corporation the

13 right to purchase power from the Secretary under the power

14 purchase contracts for the gaseous diffusion plants executed

15 by the Secretary before July 1, 1993. The Secretary shall

16 continue to receive power for the gaseous diffusion plants

17 under such contracts and shall continue to resell such power

18 to the private corporation at cost during the term of such

19 contracts.

20 (c) EFFECT OF TRANSFER.—(1) Notwithstanding sub21 section (a), the United States shall remain obligated to the

22 parties to the contracts, agreements, and leases transferred

23 under subsection (a) for the performance of its obligations

24 under such contracts, agreements, or leases during their

25 terms. Performance of such obligations by the private cor-
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1 poration shall be considered performance by the United

2 States.

3 (2) If a contract, agreement, or lease transferred under

4 subsection (a) is terminated, extended, or materially

5 amended after the privatization date—

6 (A) the private corporation shall be responsible

7 for any obligation arising under such contract, agree8 ment, or lease after any extension or material amend9 ment, and

10 (B) the United States shall be responsible for

11 any obligation arising under the contract, agreement,

12 or lease before the termination, extension, or material

13 amendment.

14 (3) The private corporation shall reimburse the United

15 States for any amount paid by the United States under

16 a settlement agreement entered into with the consent of the

17 private corporation or under a judgment, if the settlement

18 or judgment—

19 (A) arises out of an obligation under a contract,

20 agreement, or lease transferred under subsection (a),

21 and

22 (B) arises out of actions of the private corpora23 tion between the privatization date and the date of a

24 termination, extension, or material amendment of

25 such contract, agreement, or lease.
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1 (d) PRICING.—The Corporation may establish prices

2 for its products, materials, and services provided to cus3 tomers on a basis that will allow it to attain the normal

4 business objectives of a profit making corporation.

5 SEC. 409. LIABILITIES.

6 (a) LIABILITY OF THE UNITED STATES.—(1) Except

7 as otherwise provided in this subchapter, all liabilities aris8 ing out of the operation of the uranium enrichment enter9 prise before July 1, 1993, shall remain the direct liabilities

10 of the Secretary.

11 (2) Except as provided in subsection (a)(3) or other12 wise provided in a memorandum of agreement entered into

13 by the Corporation and the Office of Management and

14 Budget prior to the privatization date, all liabilities arising

15 out of the operation of the Corporation between July 1,

16 1993, and the privatization date shall remain the direct

17 liabilities of the United States.

18 (3) All liabilities arising out of the disposal of depleted

19 uranium generated by the Corporation between July 1,

20 1993, and the privatization date shall become the direct li21 abilities of the Secretary.

22 (4) Any stated or implied consent for the United

23 States, or any agent or officer of the United States, to be

24 sued by any person for any legal, equitable, or other relief

25 with respect to any claim arising from any action taken
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1 by any agent or officer of the United States in connection

2 with the privatization of the Corporation is hereby with3 drawn.

4 (5) To the extent that any claim against the United

5 States under this section is of the type otherwise required

6 by Federal statute or regulation to be presented to a Federal

7 agency or official for adjudication or review, such claim

8 shall be presented to the Department of Energy in accord9 ance with procedures to be established by the Secretary.

10 Nothing in this paragraph shall be construed to impose on

11 the Department of Energy liability to pay any claim pre12 sented pursuant to this paragraph.

13 (6) The Attorney General shall represent the United

14 States in any action seeking to impose liability under this

15 subsection.

16 (b) LIABILITY OF THE CORPORATION.—Notwithstand17 ing any provision of any agreement to which the Corpora18 tion is a party, the Corporation shall not be considered in

19 breach, default, or violation of any agreement because of

20 the transfer of such agreement to the private corporation

21 under section 408 or any other action the Corporation is

22 required to take under this subchapter.

23 (c) LIABILITY OF THE PRIVATE CORPORATION.—Ex24 cept as provided in this subchapter, the private corporation
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1 shall be liable for any liabilities arising out of its oper2 ations after the privatization date.

3 (d) LIABILITY OF OFFICERS AND DIRECTORS.—(1) No

4 officer, director, employee, or agent of the Corporation shall

5 be liable in any civil proceeding to any party in connection

6 with any action taken in connection with the privatization

7 if, with respect to the subject matter of the action, suit, or

8 proceeding, such person was acting within the scope of his

9 employment.

10 (2) This subsection shall not apply to claims arising

11 under the Securities Act of 1933 (15 U.S.C. 77a. et seq.),

12 the Securities Exchange Act of 1934 (15 U.S.C. 78a. et seq.),

13 or under the Constitution or laws of any State, territory,

14 or possession of the United States relating to transactions

15 in securities.

16 SEC. 410. EMPLOYEE PROTECTIONS.

17 (a) CONTRACTOR EMPLOYEES.—(1) Privatization

18 shall not diminish the accrued, vested pension benefits of

19 employees of the Corporation’s operating contractor at the

20 two gaseous diffusion plants.

21 (2) In the event that the private corporation termi22 nates or changes the contractor at either or both of the gase23 ous diffusion plants, the plan sponsor or other appropriate

24 fiduciary of the pension plan covering employees of the

25 prior operating contractor shall arrange for the transfer of
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1 all plan assets and liabilities relating to accrued pension

2 benefits of such plan’s participants and beneficiaries from

3 such plant to a pension plan sponsored by the new contrac4 tor or the private corporation or a joint labor-management

5 plan, as the case may be.

6 (3) In addition to any obligations arising under the

7 National Labor Relations Act (29 U.S.C. 151 et seq.), any

8 employer (including the private corporation if it operates

9 a gaseous diffusion plant without a contractor or any con10 tractor of the private corporation) at a gaseous diffusion

11 plant shall—

12 (A) abide by the terms of any unexpired collec13 tive bargaining agreement covering employees in bar14 gaining units at the plant and in effect on the privat15 ization date until the stated expiration or termi16 nation date of the agreement; or

17 (B) in the event a collective bargaining agree18 ment is not in effect upon the privatization date, have

19 the same bargaining obligations under section 8(d) of

20 the National Labor Relations Act (29 U.S.C. 158(d))

21 as it had immediately before the privatization date.

22 (4) If the private corporation replaces its operating

23 contractor at a gaseous diffusion plant, the new employer

24 (including the new contractor or the private corporation if
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1 it operates a gaseous diffusion plant without a contractor)

2 shall—

3 (A) offer employment to non-management em4 ployees of the predecessor contractor to the extent that

5 their jobs still exist or they are qualified for new jobs,

6 and

7 (B) abide by the terms of the predecessor contrac8 tor’s collective bargaining agreement until the agree9 ment expires or a new agreement is signed.

10 (5) In the event of a plant closing or mass layoff (as

11 such terms are defined in section 2101(a) (2) and (3) of

12 title 29, United States Code) at either of the gaseous diffu13 sion plants, the Secretary of Energy shall treat any ad14 versely affected employee of an operating contractor at ei15 ther plant who was an employee at such plant on July 1,

16 1993, as a Department of Energy employee for purposes

17 of sections 3161 and 3162 of the National Defense Author18 ization Act for Fiscal Year 1993 (42 U.S.C. 7274h–7274i).

19 (6)(A) The Secretary and the private corporation shall

20 cause the post-retirement health benefits plan provider (or

21 its successor) to continue to provide benefits for eligible per22 sons, as described under subparagraph (B), employed by an

23 operating contractor at either of the gaseous diffusion

24 plants in an economically efficient manner and at substan-
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1 tially the same level of coverage as eligible retirees are enti2 tled to receive on the privatization date.

3 (B) Persons eligible for coverage under subparagraph

4 (A) shall be limited to:

5 (i) persons who retired from active employment

6 at one of the gaseous diffusion plants on or before the

7 privatization date as vested participants in a pension

8 plan maintained either by the Corporation’s operat9 ing contractor or by a contractor employed prior to

10 July 1, 1993, by the Department of Energy to operate

11 a gaseous diffusion plant; and

12 (ii) persons who are employed by the Corpora13 tion’s operating contractor on or before the privatiza14 tion date and are vested participants in a pension

15 plan maintained either by the Corporation’s operat16 ing contractor or by a contractor employed prior to

17 July 1, 1993, by the Department of Energy to operate

18 a gaseous diffusion plant.

19 (C) The Secretary shall fund the entire cost of post20 retirement health benefits for persons who retired from em21 ployment with an operating contractor prior to July 1,

22 1993.

23 (D) The Secretary and the Corporation shall fund the

24 cost of post-retirement health benefits for persons who retire

25 from employment with an operating contractor on or after
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1 July 1, 1993, in proportion to the retired person’s years

2 and months of service at a gaseous diffusion plant under

3 their respective management.

4 (7)(A) Any suit under this subsection alleging a viola5 tion of an agreement between an employer and a labor orga6 nization shall be brought in accordance with section 301

7 of the Labor Management Relations Act (29 U.S.C. 185).

8 (B) Any charge under this subsection alleging an un9 fair labor practice violative of section 8 of the National

10 Labor Relations Act (29 U.S.C. 158) shall be pursued in

11 accordance with section 10 of the National Labor Relations

12 Act (29 U.S.C. 160).

13 (C) Any suit alleging a violation of any provision of

14 this subsection, to the extent it does not allege a violation

15 of the National Labor Relations Act, may be brought in

16 any district court of the United States having jurisdiction

17 over the parties, without regard to the amount in con18 troversy or the citizenship of the parties.

19 (b) FORMER FEDERAL EMPLOYEES.—(1)(A) An em20 ployee of the Corporation that was subject to either the Civil

21 Service Retirement System (referred to in this section as

22 ‘‘CSRS’’) or the Federal Employees’ Retirement System (re23 ferred to in this section as ‘‘FERS’’) on the day imme24 diately preceding the privatization date shall elect—
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1 (i) to retain the employee’s coverage under either

2 CSRS or FERS, as applicable, in lieu of coverage by

3 the Corporation’s retirement system, or

4 (ii) to receive a deferred annuity or lump-sum

5 benefit payable to a terminated employee under

6 CSRS or FERS, as applicable.

7 (B) An employee that makes the election under sub8 paragraph (A)(ii) shall have the option to transfer the bal9 ance in the employee’s Thrift Savings Plan account to a

10 defined contribution plan under the Corporation’s retire11 ment system, consistent with applicable law and the terms

12 of the Corporation’s defined contribution plan.

13 (2) The Corporation shall pay to the Civil Service Re14 tirement and Disability Fund—

15 (A) such employee deductions and agency con16 tributions as are required by sections 8334, 8422, and

17 8423 of title 5, United States Code, for those employ18 ees who elect to retain their coverage under either

19 CSRS or FERS pursuant to paragraph (1);

20 (B) such additional agency contributions as are

21 determined necessary by the Office of Personnel Man22 agement to pay, in combination with the sums under

23 subparagraph (A), the ‘‘normal cost’’ (determined

24 using dynamic assumptions) of retirement benefits for

25 those employees who elect to retain their coverage
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1 under CSRS pursuant to paragraph (1), with the

2 concept of ‘‘normal cost’’ being used consistent with

3 generally accepted actuarial standards and prin4 ciples; and

5 (C) such additional amounts, not to exceed two

6 percent of the amounts under subparagraphs (A) and

7 (B), as are determined necessary by the Office of Per8 sonnel Management to pay the cost of administering

9 retirement benefits for employees who retire from the

10 Corporation after the privatization date under either

11 CSRS or FERS, for their survivors, and for survivors

12 of employees of the Corporation who die after the pri13 vatization date (which amounts shall be available to

14 the Office of Personnel Management as provided in

15 section 8348(a)(1)(B) of title 5, United States Code).

16 (3) The Corporation shall pay to the Thrift Savings

17 Fund such employee and agency contributions as are re18 quired by section 8432 of title 5, United States Code, for

19 those employees who elect to retain their coverage under

20 FERS pursuant to paragraph (1).

21 (4) Any employee of the Corporation who was subject

22 to the Federal Employee Health Benefits Program (referred

23 to in this section as ‘‘FEHBP’’) on the day immediately

24 preceding the privatization date and who elects to retain

25 coverage under either CSRS or FERS pursuant to para-
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1 graph (1) shall have the option to receive health benefits

2 from a health benefit plan established by the Corporation

3 or to continue without interruption coverage under the

4 FEHBP, in lieu of coverage by the Corporation’s health

5 benefit system.

6 (5) The Corporation shall pay to the Employees Health

7 Benefits Fund—

8 (A) such employee deductions and agency con9 tributions as are required by section 8906 (a)–(f) of

10 title 5, United States Code, for those employees who

11 elect to retain their coverage under FEHBP pursuant

12 to paragraph (4); and

13 (B) such amounts as are determined necessary

14 by the Office of Personnel Management under para15 graph (6) to reimburse the Office of Personnel Man16 agement for contributions under section 8906(g)(1) of

17 title 5, United States Code, for those employees who

18 elect to retain their coverage under FEHBP pursuant

19 to paragraph (4).

20 (6) The amounts required under paragraph (5)(B)

21 shall pay the Government contributions for retired employ22 ees who retire from the Corporation after the privatization

23 date under either CSRS or FERS, for survivors of such re24 tired employees, and for survivors of employees of the Cor25 poration who die after the privatization date, with said
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1 amounts prorated to reflect only that portion of the total

2 service of such employees and retired persons that was per3 formed for the Corporation after the privatization date.

4 SEC. 411. OWNERSHIP LIMITATIONS.

5 (a) SECURITIES LIMITATIONS.—No director, officer, or

6 employee of the Corporation may acquire any securities, or

7 any rights to acquire any securities of the private corpora8 tion on terms more favorable than those offered to the gen9 eral public—

10 (1) in a public offering designed to transfer own11 ership of the Corporation to private investors,

12 (2) pursuant to any agreement, arrangement, or

13 understanding entered into before the privatization

14 date, or

15 (3) before the election of the directors of the pri16 vate corporation.

17 (b) OWNERSHIP LIMITATION.—Immediately following

18 the consummation of the transaction or series of trans19 actions pursuant to which 100 percent of the ownership of

20 the Corporation is transferred to private investors, and for

21 a period of three years thereafter, no person may acquire,

22 directly or indirectly, beneficial ownership of securities rep23 resenting more than 10 percent of the total votes of all out24 standing voting securities of the Corporation. The foregoing

25 limitation shall not apply to—
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1 (1) any employee stock ownership plan of the

2 Corporation,

3 (2) members of the underwriting syndicate pur4 chasing shares in stabilization transactions in con5 nection with the privatization, or

6 (3) in the case of shares beneficially held in the

7 ordinary course of business for others, any commer8 cial bank, broker-dealer, or clearing agency.

9 SEC. 412. URANIUM TRANSFERS AND SALES.

10 (a) TRANSFERS AND SALES BY THE SECRETARY.—The

11 Secretary shall not provide enrichment services or transfer

12 or sell any uranium (including natural uranium con13 centrates, natural uranium hexafluoride, or enriched ura14 nium in any form) to any person except as consistent with

15 this section.

16 (b) RUSSIAN HEU.—(1) On or before December 31,

17 1996, the United States Executive Agent under the Russian

18 HEU Agreement shall transfer to the Secretary without

19 charge title to an amount of uranium hexafluoride equiva20 lent to the natural uranium component of low-enriched ura21 nium derived from at least 18 metric tons of highly enriched

22 uranium purchased from the Russian Executive Agent

23 under the Russian HEU Agreement. The quantity of such

24 uranium hexafluoride delivered to the Secretary shall be

based on a tails assay of 0.30 U235 25 . Uranium hexafluoride
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1 transferred to the Secretary pursuant to this paragraph

2 shall be deemed under United States law for all purposes

3 to be of Russian origin.

4 (2) Within 7 years of the date of enactment of this

5 Act, the Secretary shall sell, and receive payment for, the

6 uranium hexafluoride transferred to the Secretary pursuant

7 to paragraph (1). Such uranium hexafluoride shall be

8 sold—

9 (A) at any time for use in the United States for

10 the purpose of overfeeding;

11 (B) at any time for end use outside the United

12 States;

13 (C) in 1995 and 1996 to the Russian Executive

14 Agent at the purchase price for use in matched sales

15 pursuant to the Suspension Agreement; or,

16 (D) in calendar year 2001 for consumption by

17 end users in the United States not prior to January

18 1, 2002, in volumes not to exceed 3,000,000 pounds

19 U3O8 equivalent per year.

20 (3) With respect to all enriched uranium delivered to

21 the United States Executive Agent under the Russian HEU

22 Agreement on or after January 1, 1997, the United States

23 Executive Agent shall, upon request of the Russian Execu24 tive Agent, enter into an agreement to deliver concurrently

25 to the Russian Executive Agent an amount of uranium
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1 hexafluoride equivalent to the natural uranium component

2 of such uranium. An agreement executed pursuant to a re3 quest of the Russian Executive Agent, as contemplated in

4 this paragraph, may pertain to any deliveries due during

5 any period remaining under the Russian HEU Agreement.

6 The quantity of such uranium hexafluoride delivered to the

7 Russian Executive Agent shall be based on a tails assay

of 0.30 U235 8 . Title to uranium hexafluoride delivered to the

9 Russian Executive Agent pursuant to this paragraph shall

10 transfer to the Russian Executive Agent upon delivery of

11 such material to the Russian Executive Agent, with such

12 delivery to take place at a North American facility des13 ignated by the Russian Executive Agent. Uranium

14 hexafluoride delivered to the Russian Executive Agent pur15 suant to this paragraph shall be deemed under U.S. law

16 for all purposes to be of Russian origin. Such uranium

17 hexafluoride may be sold to any person or entity for deliv18 ery and use in the United States only as permitted in sub19 sections (b)(5), (b)(6) and (b)(7) of this section.

20 (4) In the event that the Russian Executive Agent does

21 not exercise its right to enter into an agreement to take de22 livery of the natural uranium component of any low-en23 riched uranium, as contemplated in paragraph (3), within

24 90 days of the date such low-enriched uranium is delivered

25 to the United States Executive Agent, or upon request of
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1 the Russian Executive Agent, then the United States Execu2 tive Agent shall engage an independent entity through a

3 competitive selection process to auction an amount of ura4 nium hexafluoride or U3O8 (in the event that the conversion

5 component of such hexafluoride has previously been sold)

6 equivalent to the natural uranium component of such low7 enriched uranium. An agreement executed pursuant to a

8 request of the Russian Executive Agent, as contemplated in

9 this paragraph, may pertain to any deliveries due during

10 any period remaining under the Russian HEU Agreement.

11 Such independent entity shall sell such uranium

12 hexafluoride in one or more lots to any person or entity

13 to maximize the proceeds from such sales, for disposition

14 consistent with the limitations set forth in this subsection.

15 The independent entity shall pay to the Russian Executive

16 Agent the proceeds of any such auction less all reasonable

17 transaction and other administrative costs. The quantity

18 of such uranium hexafluoride auctioned shall be based on

a tails assay of 0.30 U235 19 . Title to uranium hexafluoride

20 auctioned pursuant to this paragraph shall transfer to the

21 buyer of such material upon delivery of such material to

22 the buyer. Uranium hexafluoride auctioned pursuant to this

23 paragraph shall be deemed under United States law for all

24 purposes to be of Russian origin.
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1 (5) Except as provided in paragraphs (6) and (7), ura2 nium hexafluoride delivered to the Russian Executive Agent

3 under paragraph (3) or auctioned pursuant to paragraph

4 (4), may not be delivered for consumption by end users in

5 the United States either directly or indirectly prior to Jan6 uary 1, 1998, and thereafter only in accordance with the

7 following schedule:

Annual Maximum Deliveries to End Users

(millions lbs. U3O8

Year: equivalent)

1998 ......................................................................................... 2

1999 ......................................................................................... 4

2000 ......................................................................................... 6

2001 ......................................................................................... 8

2002 ......................................................................................... 10

2003 ......................................................................................... 12

2004 ......................................................................................... 14

2005 ......................................................................................... 16

2006 ......................................................................................... 17

2007 ......................................................................................... 18

2008 ......................................................................................... 19

2009 and each year thereafter ............................................... 20.

8 (6) Uranium hexafluoride delivered to the Russian Ex9 ecutive Agent under paragraph (3) or auctioned pursuant

10 to paragraph (4) may be sold at any time as Russian-ori11 gin natural uranium in a matched sale pursuant to the

12 Suspension Agreement, and in such case shall not be count13 ed against the annual maximum deliveries set forth in

14 paragraph (5).

15 (7) Uranium hexafluoride delivered to the Russian Ex16 ecutive Agent under paragraph (3) or auctioned pursuant

17 to paragraph (4) may be sold at any time for use in the
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1 United States for the purpose of overfeeding in the oper2 ations of enrichment facilities.

3 (8) Nothing in this subsection (b) shall restrict the sale

4 of the conversion component of such uranium hexafluoride.

5 (9) The Secretary of Commerce shall have responsibil6 ity for the administration and enforcement of the limita7 tions set forth in this subsection. The Secretary of Com8 merce may require any person to provide any certifications,

9 information, or take any action that may be necessary to

10 enforce these limitations. The United States Customs Serv11 ice shall maintain and provide any information required

12 by the Secretary of Commerce and shall take any action

13 requested by the Secretary of Commerce which is necessary

14 for the administration and enforcement of the uranium de15 livery limitations set forth in this section.

16 (10) The President shall monitor the actions of the

17 United States Executive Agent under the Russian HEU

18 Agreement and shall report to the Congress not later than

19 December 31 of each year on the effect the low-enriched ura20 nium delivered under the Russian HEU Agreement is hav21 ing on the domestic uranium mining, conversion, and en22 richment industries, and the operation of the gaseous diffu23 sion plants. Such report shall include a description of ac24 tions taken or proposed to be taken by the President to pre25 vent or mitigate any material adverse impact on such in-
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1 dustries or any loss of employment at the gaseous diffusion

2 plants as a result of the Russian HEU Agreement.

3 (c) TRANSFERS TO THE CORPORATION.—(1) The Sec4 retary shall transfer to the Corporation without charge up

5 to 50 metric tons of enriched uranium and up to 7,000 met6 ric tons of natural uranium from the Department of Ener7 gy’s stockpile, subject to the restrictions in subsection (c)(2).

8 (2) The Corporation shall not deliver for commercial

9 end use in the United States—

10 (A) any of the uranium transferred under this

11 subsection before January 1, 1998;

12 (B) more than 10 percent of the uranium (by

13 uranium hexafluoride equivalent content) transferred

14 under this subsection or more than 4,000,000 pounds,

15 whichever is less, in any calendar year after 1997; or

16 (C) more than 800,000 separative work units

17 contained in low-enriched uranium transferred under

18 this subsection in any calendar year.

19 (d) INVENTORY SALES.—(1) In addition to the trans20 fers authorized under subsections (c) and (e), the Secretary

21 may, from time to time, sell natural and low-enriched ura22 nium (including low-enriched uranium derived from highly

23 enriched uranium) from the Department of Energy’s stock24 pile.
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1 (2) Except as provided in subsections (b), (c), and (e),

2 no sale or transfer of natural or low-enriched uranium shall

3 be made unless—

4 (A) the President determines that the material is

5 not necessary for national security needs,

6 (B) the Secretary determines that the sale of the

7 material will not have an adverse material impact on

8 the domestic uranium mining, conversion, or enrich9 ment industry, taking into account the sales of ura10 nium under the Russian HEU Agreement and the

11 Suspension Agreement, and

12 (C) the price paid to the Secretary will not be

13 less than the fair market value of the material.

14 (e) GOVERNMENT TRANSFERS.—Notwithstanding sub15 section (d)(2), the Secretary may transfer or sell enriched

16 uranium—

17 (1) to a Federal agency if the material is trans18 ferred for the use of the receiving agency without any

19 resale or transfer to another entity and the material

20 does not meet commercial specifications;

21 (2) to any person for national security purposes,

22 as determined by the Secretary; or

23 (3) to any State or local agency or nonprofit,

24 charitable, or educational institution for use other

25 than the generation of electricity for commercial use.
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1 (f) SAVINGS PROVISION.—Nothing in this subchapter

2 shall be read to modify the terms of the Russian HEU

3 Agreement.

4 SEC. 413. LOW-LEVEL WASTE.

5 (a) RESPONSIBILITY OF DOE.—(1) The Secretary, at

6 the request of the generator, shall accept for disposal low7 level radioactive waste, including depleted uranium if it

8 were ultimately determined to be low-level radioactive

9 waste, generated by—

10 (A) the Corporation as a result of the operations

11 of the gaseous diffusion plants or as a result of the

12 treatment of such wastes at a location other than the

13 gaseous diffusion plants, or

14 (B) any person licensed by the Nuclear Regu15 latory Commission to operate a uranium enrichment

16 facility under sections 53, 63, and 193 of the Atomic

17 Energy Act of 1954 (42 U.S.C. 2073, 2093, and

18 2243).

19 (2) Except as provided in paragraph (3), the generator

20 shall reimburse the Secretary for the disposal of low-level

21 radioactive waste pursuant to paragraph (1) in an amount

22 equal to the Secretary’s costs, including a pro rata share

23 of any capital costs, but in no event more than an amount

24 equal to that which would be charged by commercial, State,
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1 regional, or interstate compact entities for disposal of such

2 waste.

3 (3) In the event depleted uranium were ultimately de4 termined to be low-level radioactive waste, the generator

5 shall reimburse the Secretary for the disposal of depleted

6 uranium pursuant to paragraph (1) in an amount equal

7 to the Secretary’s costs, including a pro rata share of any

8 capital costs.

9 (b) AGREEMENTS WITH OTHER PERSONS.—The gen10 erator may also enter into agreements for the disposal of

11 low-level radioactive waste subject to subsection (a) with

12 any person other than the Secretary that is authorized by

13 applicable laws and regulations to dispose of such wastes.

14 (c) STATE OR INTERSTATE COMPACTS.—Notwith15 standing any other provision of law, no State or interstate

16 compact shall be liable for the treatment, storage, or dis17 posal of any low-level radioactive waste (including mixed

18 waste) attributable to the operation, decontamination, and

19 decommissioning of any uranium enrichment facility.

20 SEC. 414. AVLIS.

21 (a) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The Cor22 poration shall have the exclusive commercial right to deploy

23 and use any AVLIS patents, processes, and technical infor24 mation owned or controlled by the Government, upon com25 pletion of a royalty agreement with the Secretary.
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1 (b) TRANSFER OF RELATED PROPERTY TO CORPORA2 TION.—

3 (1) IN GENERAL.—To the extent requested by the

4 Corporation and subject to the requirements of the

5 Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.),

6 the President shall transfer without charge to the Cor7 poration all of the right, title, or interest in and to

8 property owned by the United States under control or

9 custody of the Secretary that is directly related to and

10 materially useful in the performance of the Corpora11 tion’s purposes regarding AVLIS and alternative

12 technologies for uranium enrichment, including—

13 (A) facilities, equipment, and materials for

14 research, development, and demonstration activi15 ties; and

16 (B) all other facilities, equipment, mate17 rials, processes, patents, technical information of

18 any kind, contracts, agreements, and leases.

19 (2) EXCEPTION.—Facilities, real estate, improve20 ments, and equipment related to the gaseous diffusion,

21 and gas centrifuge, uranium enrichment programs of

22 the Secretary shall not transfer under paragraph

23 (1)(B).
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1 (3) EXPIRATION OF TRANSFER AUTHORITY.—The

2 President’s authority to transfer property under this

3 subsection shall expire upon the privatization date.

4 (c) LIABILITY FOR PATENT AND RELATED CLAIMS.—

5 With respect to any right, title, or interest provided to the

6 Corporation under subsection (a) or (b), the Corporation

7 shall have sole liability for any payments made or awards

8 under section 157 b. (3) of the Atomic Energy Act of 1954

9 (42 U.S.C. 2187(b)(3)), or any settlements or judgments in10 volving claims for alleged patent infringement. Any royalty

11 agreement under subsection (a) of this section shall provide

12 for a reduction of royalty payments to the Secretary to off13 set any payments, awards, settlements, or judgments under

14 this subsection.

15 SEC. 415. APPLICATION OF CERTAIN LAWS.

16 (a) OSHA.—(1) As of the privatization date, the pri17 vate corporation shall be subject to and comply with the

18 Occupational Safety and Health Act of 1970 (29 U.S.C.

19 651 et seq.).

20 (2) The Nuclear Regulatory Commission and the Occu21 pational Safety and Health Administration shall, within

22 90 days after the date of enactment of this Act, enter into

23 a memorandum of agreement to govern the exercise of their

24 authority over occupational safety and health hazards at

25 the gaseous diffusion plants, including inspection, inves-
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1 tigation, enforcement, and rulemaking relating to such haz2 ards.

3 (b) ANTITRUST LAWS.—For purposes of the antitrust

4 laws, the performance by the private corporation of a

5 ‘‘matched import’’ contract under the Suspension Agree6 ment shall be considered to have occurred prior to the pri7 vatization date, if at the time of privatization, such con8 tract had been agreed to by the parties in all material terms

9 and confirmed by the Secretary of Commerce under the Sus10 pension Agreement.

11 (c) ENERGY REORGANIZATION ACT REQUIREMENTS.—

12 (1) The private corporation and its contractors and sub13 contractors shall be subject to the provisions of section 211

14 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851)

15 to the same extent as an employer subject to such section.

16 (2) With respect to the operation of the facilities leased

17 by the private corporation, section 206 of the Energy Reor18 ganization Act of 1974 (42 U.S.C. 5846) shall apply to the

19 directors and officers of the private corporation.

20 SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT.

21 (a) REPEAL.—(1) Chapters 22 through 26 of the Atom22 ic Energy Act of 1954 (42 U.S.C. 2297–2297e–7) are re23 pealed as of the privatization date.
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1 (2) The table of contents of such Act is amended as

2 of the privatization date by striking the items referring to

3 sections repealed by paragraph (1).

4 (b) NRC LICENSING.—(1) Section 11v. of the Atomic

5 Energy Act of 1954 (42 U.S.C. 2014v.) is amended by strik6 ing ‘‘or the construction and operation of a uranium en7 richment facility using Atomic Vapor Laser Isotope Sepa8 ration technology’’.

9 (2) Section 193 of the Atomic Energy Act of 1954 (42

10 U.S.C. 2243) is amended by adding at the end the following:

11 ‘‘(f) LIMITATION.—No license or certificate of compli12 ance may be issued to the United States Enrichment Cor13 poration or its successor under this section or sections 53,

14 63, or 1701, if the Commission determines that—

15 ‘‘(1) the Corporation is owned, controlled, or

16 dominated by an alien, a foreign corporation, or a

17 foreign government; or

18 ‘‘(2) the issuance of such a license or certificate

19 of compliance would be inimical to—

20 ‘‘(A) the common defense and security of the

21 United States; or

22 ‘‘(B) the maintenance of a reliable and eco23 nomical domestic source of enrichment services.’’.

24 (3) Section 1701(c)(2) of the Atomic Energy Act of

25 1954 (42 U.S.C. 2297f(c)(2)) is amended to read as follows:
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1 ‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE

2 OF COMPLIANCE.—The Corporation shall apply to the

3 Nuclear Regulatory Commission for a certificate of

4 compliance under paragraph (1) periodically, as de5 termined by the Commission, but not less than every

6 5 years. The Commission shall review any such appli7 cation and any determination made under subsection

8 (b)(2) shall be based on the results of any such re9 view.’’.

10 (4) Section 1702(a) of the Atomic Energy Act of 1954

11 (42 U.S.C. 2297f–1(a)) is amended—

12 (1) by striking ‘‘other than’’ and inserting ‘‘in13 cluding’’, and

14 (2) by striking ‘‘sections 53 and 63’’ and insert15 ing ‘‘sections 53, 63, and 193’’.

16 (c) JUDICIAL REVIEW OF NRC ACTIONS.—Section

17 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b))

18 is amended to read as follows:

19 ‘‘b. The following Commission actions shall be subject

20 to judicial review in the manner prescribed in chapter 158

21 of title 28, United States Code, and chapter 7 of title 5,

22 United States Code:

23 ‘‘(1) Any final order entered in any proceeding

24 of the kind specified in subsection (a).
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1 ‘‘(2) Any final order allowing or prohibiting a

2 facility to begin operating under a combined con3 struction and operating license.

4 ‘‘(3) Any final order establishing by regulation

5 standards to govern the Department of Energy’s gase6 ous diffusion uranium enrichment plants, including

7 any such facilities leased to a corporation established

8 under the USEC Privatization Act.

9 ‘‘(4) Any final determination under section

10 1701(c) relating to whether the gaseous diffusion

11 plants, including any such facilities leased to a cor12 poration established under the USEC Privatization

13 Act, are in compliance with the Commission’s stand14 ards governing the gaseous diffusion plants and all

15 applicable laws.’’.

16 (d) CIVIL PENALTIES.—Section 234 a. of the Atomic

17 Energy Act of 1954 (42 U.S.C. 2282(a) is amended by—

18 (1) striking ‘‘any licensing provision of section

19 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109’’

20 and inserting: ‘‘any licensing or certification provi21 sion of section 53, 57, 62, 63, 81, 82, 101, 103, 104,

22 107, 109, or 1701’’; and

23 (2) by striking ‘‘any license issued thereunder’’

24 and inserting: ‘‘any license or certification issued

25 thereunder’’.
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1 (e) REFERENCES TO THE CORPORATION.—Following

2 the privatization date, all references in the Atomic Energy

3 Act of 1954 to the United States Enrichment Corporation

4 shall be deemed to be references to the private corporation.

5 SEC. 417. AMENDMENTS TO OTHER LAWS.

6 (a) DEFINITION OF GOVERNMENT CORPORATION.—As

7 of the privatization date, section 9101(3) of title 31, United

8 States Code, is amended by striking subparagraph (N) as

9 added by section 902(b) of Public Law 102–486.

10 (b) DEFINITION OF THE CORPORATION.—Section

11 1018(1) of the Energy Policy Act of 1992 (42 U.S.C. 2296b–

12 7(1) is amended by inserting ‘‘or its successor’’ before the

13 period.

14 SUBCHAPTER E—STRATEGIC PETROLEUM RESERVE

15 SEC. 431. SALE OF WEEKS ISLAND OIL.

16 Notwithstanding section 161 of the Energy Policy and

17 Conservation Act (42 U.S.C. 6241), the Secretary of Energy

18 shall draw down and sell in fiscal year 1996, $292,000,000

19 worth of oil formerly contained in the Weeks Island Strate20 gic Petroleum Reserve.
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1 CHAPTER 4

2 DEPARTMENTS OF VETERANS AFFAIRS AND

3 HOUSING AND URBAN DEVELOPMENT, AND

4 INDEPENDENT AGENCIES

5 DEPARTMENT OF VETERANS AFFAIRS

6 DEPARTMENTAL ADMINISTRATION

7 CONSTRUCTION, MAJOR PROJECTS

8 In addition to funds provided elsewhere in this Act,

9 $16,000,000, to remain available until expended: Provided,

10 That notwithstanding any other provision of law, the Sec11 retary of Veterans Affairs is authorized to carry out the

12 design and construction of a medical research addition at

13 the Department of Veterans Affairs Medical Center in Port14 land, Oregon in the amount of $32,100,000.

15 DEPARTMENT OF HOUSING AND URBAN

16 DEVELOPMENT

17 HOUSING PROGRAMS

18 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

19 In addition to funds provided elsewhere in this Act,

20 $200,000,000, to remain available until expended: Pro21 vided, That $150,000,000 of such sum shall be available for

22 purposes authorized by section 202 of the Housing Act of

23 1959, and $50,000,000 shall be available for purposes au24 thorized by section 811 of the Cranston-Gonzalez National

25 Affordable Housing Act: Provided further, That all such
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1 sums shall be available only to provide for rental subsidy

2 terms of a longer duration than would otherwise be per3 mitted by this Act.

4 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

5 REPLACEMENT HOUSING GRANTS

6 In addition to funds provided elsewhere in this Act,

7 $120,000,000, to remain available until expended.

8 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

9 PROJECTS

10 In addition to funds provided elsewhere in this Act,

11 $50,000,000.

12 MANAGEMENT AND ADMINISTRATION DEPARTMENTAL

13 RESTRUCTURING FUND

14 In addition to funds provided elsewhere in this Act,

15 $20,000,000, to remain available until September 30, 1997,

16 to facilitate the down-sizing, streamlining, and restructur17 ing of the Department of Housing and Urban Development,

18 and to reduce overall departmental staffing to 7,500 full19 time equivalents in fiscal year 2000: Provided, That such

20 sum shall be available only for personnel training (includ21 ing travel associated with such training), costs associated

22 with the transfer of personnel from headquarters and re23 gional offices to the field, and for necessary costs to acquire

24 and upgrade information system infrastructure in support

25 of Departmental field staff: Provided further, That not less

26 than 60 days following enactment of this Act, the Secretary
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1 shall transmit to the Appropriations Committees of the

2 Congress a report which specifies a plan and schedule for

3 the utilization of these funds for personnel reductions and

4 transfers in order to reduce headquarters on-board staffing

5 levels to 3,100 by December 31, 1996, and 2,900 by October

6 1, 1997: Provided further, That by February 1, 1997 the

7 Secretary shall certify to the Congress that headquarters on8 board staffing levels did not exceed 3,100 on December 31,

9 1996 and submit a report which details obligations and ex10 penditures of funds made available hereunder: Provided fur11 ther, That if the certification of headquarters personnel re12 ductions required by this Act is not made by February 1,

13 1997, all remaining unobligated funds available under this

14 paragraph shall be rescinded.

15 CLARIFICATION OF BLOCK GRANTS IN NEW YORK

16 (a) All funds allocated for the State of New York for

17 fiscal years 1995, 1996, and all subsequent fiscal years,

18 under the HOME investment partnerships program, as au19 thorized under title II of the Cranston-Gonzalez National

20 Affordable Housing Act (Public law 101–625) shall be made

21 available to the Chief Executive Officer of the State, or an

22 entity designated by the Chief Executive Officer, to be used

23 for activities in accordance with the requirements of the

24 HOME investment partnerships program, notwithstanding

25 the Memorandum from the General Counsel of the Depart-
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1 ment of Housing and Urban Development dated March 5,

2 1996.

3 (b) The Secretary of Housing and Urban Development

4 shall award funds made available for fiscal year 1996 for

5 grants allocated for the State of New York for a community

6 development grants program as authorized by title I of the

7 Housing and Community Development Act of 1974, as

8 amended (42 U.S.C. 5301), in accordance with the require9 ments established under the Notice of Funding Availability

10 for fiscal year 1995 for the New York State Small Cities

11 Community Development Block Grant Program.

12 INDEPENDENT AGENCIES

13 ENVIRONMENTAL PROTECTION AGENCY

14 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

15 In addition to funds provided elsewhere in this Act,

16 $12,000,000, to remain available until September 30, 1997.

17 BUILDINGS AND FACILITIES

18 In addition to funds provided elsewhere in this Act,

19 $50,000,000, to remain available until expended: Provided,

20 That notwithstanding any other provision of law, EPA is

21 authorized to establish and construct a consolidated re22 search facility at Research Triangle Park, North Carolina,

23 at a maximum total construction cost of $232,000,000, and

24 to obligate such monies as are made available by this Act,

25 and hereafter, for this purpose.
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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 In addition to funds provided elsewhere in this Act,

3 $100,000,000, to remain available until expended, for cap4 italization grants for State revolving funds to support

5 water infrastructure financing: Provided, That of the funds

6 made available by this paragraph, $50,000,000 shall be for

7 drinking water State revolving funds, but if no drinking

8 water State revolving fund legislation is enacted by June

9 1, 1996, these funds shall immediately be available for mak10 ing capitalization grants under title VI of the Federal

11 Water Pollution Control Act, as amended.

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 SPACE, AERONAUTICS AND TECHNOLOGY

14 In addition to funds provided elsewhere in this Act,

15 $83,000,000, to remain available until September 30, 1997.

16 NATIONAL SCIENCE FOUNDATION

17 RESEARCH AND RELATED ACTIVITIES

18 In addition to funds provided elsewhere in this Act,

19 $40,000,000, to remain available until September 30, 1997.

20 GENERAL PROVISIONS

21 SEC. 4001. No part of any appropriation contained

22 in this title shall remain available for obligation beyond

23 the current fiscal year unless expressly so provided herein.

24 SEC. 4002. No part of any appropriation contained

25 in this title shall be made available for obligation or ex-
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1 penditure, nor any authority granted herein be effective,

2 until the enactment into law of a subsequent Act entitled

3 ‘‘An Act Incorporating an Agreement Between the President

4 and Congress Relative to Federal Expenditures in Fiscal

5 Year 1996 and Future Fiscal Years’’.

6 SEC. 4003. (a) This section may be cited as the ‘‘Fed7 eral Prohibition of Female Genital Mutilation Act of 1996’’.

8 (b) Congress finds that—

9 (1) the practice of female genital mutilation is

10 carried out by members of certain cultural and reli11 gious groups within the United States;

12 (2) the practice of female genital mutilation

13 often results in the occurrence of physical and psycho14 logical health effects that harm the women involved;

15 (3) such mutilation infringes upon the guaran16 tees of rights secured by Federal and State law, both

17 statutory and constitutional;

18 (4) the unique circumstances surrounding the

19 practice of female genital mutilation place it beyond

20 the ability of any single State or local jurisdiction to

21 control;

22 (5) the practice of female genital mutilation can

23 be prohibited without abridging the exercise of any

24 rights guaranteed under the First Amendment to the

25 Constitution or under any other law; and
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1 (6) Congress has the affirmative power under

2 section 8 of article I of the Constitution, as well as

3 under section 5 of the Fourteenth Amendment to the

4 Constitution, to enact such legislation.

5 (c) It is the purpose of this section to protect and pro6 mote the public safety and health and activities affecting

7 interstate commerce by establishing Federal criminal pen8 alties for the performance of female genital mutilation.

9 (d)(1) Chapter 7 of title 18, United States Code, is

10 amended by adding at the end the following new section:

11 ‘‘§ 116. Female genital mutilation

12 ‘‘(a) Except as provided in subsection (b), whoever

13 knowingly circumcises, excises, or infibulates the whole or

14 any part of the labia majora or labia minora or clitoris

15 of another person who has not attained the age of 18 years

16 shall be fined under this title or imprisoned not more than

17 5 years, or both.

18 ‘‘(b) A surgical operation is not a violation of this sec19 tion if the operation is—

20 ‘‘(1) necessary to the health of the person on

21 whom it is performed, and is performed by a person

22 licensed in the place of its performance as a medical

23 practitioner; or

24 ‘‘(2) performed on a person in labor or who has

25 just given birth and is performed for medical pur-
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1 poses connected with that labor or birth by a person

2 licensed in the place it is performed as a medical

3 practitioner, midwife, or person in training to become

4 such a practitioner or midwife.

5 ‘‘(c) In applying subsection (b)(1), no account shall

6 be taken of the effect on the person on whom the operation

7 is to be performed of any belief on the part of that or any

8 other person that the operation is required as a matter of

9 custom or ritual.

10 ‘‘(d) Whoever knowingly denies to any person medical

11 care or services or otherwise discriminates against any per12 son in the provision of medical care or services, because—

13 ‘‘(1) that person has undergone female circumci14 sion, excision, or infibulation; or

15 ‘‘(2) that person has requested that female cir16 cumcision, excision, or infibulation be performed on

17 any person;

18 shall be fined under this title or imprisoned not more than

19 one year, or both.’’.

20 (2) The table of sections at the beginning of chapter

21 7 of title 18, United States Code, is amended by adding

22 at the end the following new item:

‘‘116. Female genital mutilation.’’.

23 (e)(1) The Secretary of Health and Human Services

24 shall do the following:
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1 (A) Compile data on the number of females liv2 ing in the United States who have been subjected to

3 female genital mutilation (whether in the United

4 States or in their countries of origin), including a

5 specification of the number of girls under the age of

6 18 who have been subjected to such mutilation.

7 (B) Identify communities in the United States

8 that practice female genital mutilation, and design

9 and carry out outreach activities to educate individ10 uals in the communities on the physical and psycho11 logical health effects of such practice. Such outreach

12 activities shall be designed and implemented in col13 laboration with representatives of the ethnic groups

14 practicing such mutilation and with representatives

15 of organizations with expertise in preventing such

16 practice.

17 (C) Develop recommendations for the education

18 of students of schools of medicine and osteopathic

19 medicine regarding female genital mutilation and

20 complications arising from such mutilation. Such rec21 ommendations shall be disseminated to such schools.

22 (2) For purposes of this subsection, the term ‘‘female

23 genital mutilation’’ means the removal or infibulation (or

24 both) of the whole or part of the clitoris, the labia minor,

25 or the labia major.
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1 (f) Subsection (e) shall take effect on the date of enact2 ment of this Act, and the Secretary of Health and Human

3 Services shall commence carrying out such section not later

4 than 90 days after the date of the enactment of this Act.

5 Subsection (d) shall take effect on the date that is 180 days

6 after the date of the enactment of this Act.

7 This title may be cited as the ‘‘Contingency Appro8 priations Act, 1996’’.

9 TITLE V—ENVIRONMENTAL INITIATIVES

10 CHAPTER 1—DEPARTMENTS OF VETERANS AF11 FAIRS AND HOUSING AND URBAN DEVELOP12 MENT, AND INDEPENDENT AGENCIES

13 INDEPENDENT AGENCY

14 ENVIRONMENTAL PROTECTION AGENCY

15 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

16 In addition to funds provided elsewhere in this Act,

17 $75,000,000, to remain available until September 30, 1997.

18 BUILDINGS AND FACILITIES

19 In addition to funds provided elsewhere in this Act,

20 $50,000,000, to remain available until expended, for the

21 construction of a consolidated research facility at Research

22 Triangle Park, North Carolina: Provided, That pursuant

23 to the provisions of section 7(a) of the Public Buildings Act

24 of 1959 (40 U.S.C. 606(a)), that no funds shall be made

25 available for construction of such project prior to April 19,

26 1996, unless such project is approved by resolutions of the
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1 Senate Committee on Environment and Public Works and

2 the House Committee on Transportation and Infrastruc3 ture, respectively: Provided further, That in no case shall

4 funds be made available for construction of such project if

5 prior to April 19, 1996, the project has been disapproved

6 by either the Senate Committee on Environment and Public

7 Works or the House Committee on Transportation and In8 frastructure: Provided further, That notwithstanding any

9 other provision of this Act, the paragraph under this head10 ing in chapter 4 of title IV of this Act shall not become

11 effective.

12 STATE AND TRIBAL ASSISTANCE GRANTS

13 In addition to funds provided elsewhere in this Act,

14 $200,000,000, to remain available until expended, for cap15 italization grants for State revolving funds to support

16 water infrastructure financing: Provided, That of the funds

17 made available by this paragraph, $125,000,000 shall be

18 for drinking water State revolving funds, but if no drinking

19 water State revolving fund legislation is enacted by June

20 1, 1996, these funds shall immediately be available for mak21 ing capitalization grants under title VI of the Federal

22 Water Pollution Control Act, as amended.

23 HAZARDOUS SUBSTANCE SUPERFUND

24 In addition to funds provided elsewhere in this Act,

25 $50,000,000, to remain available until expended.
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1 GENERAL PROVISIONS

2 SEC. 5001. Notwithstanding any other provision of

3 this Act, amounts provided in title IV of this Act for the

4 Environmental Protection Agency, with the exception of

5 amounts appropriated under the heading ‘‘BUILDINGS AND

6 FACILITIES’’, shall become available immediately upon en7 actment of this Act.

8 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

9 NATIONAL AND COMMUNITY SERVICE PROGRAMS

10 OPERATING EXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for the Corporation for Na13 tional and Community Service (referred to in the matter

14 under this heading as the ‘‘Corporation’’) in carrying out

15 programs, activities, and initiatives under the National

16 and Community Service Act of 1990 (referred to in the mat17 ter under this heading as the ‘‘Act’’) (42 U.S.C. 12501 et

18 seq.), $400,500,000, of which $265,000,000 shall be avail19 able for obligation from September 1, 1996, through Sep20 tember 30, 1997: Provided, That not more than $25,000,000

21 shall be available for administrative expenses authorized

22 under section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)):

23 Provided further, That not more than $2,500 shall be for

24 official reception and representation expenses: Provided fur25 ther, That not more than $59,000,000, to remain available

26 without fiscal year limitation, shall be transferred to the
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1 National Service Trust account for educational awards au2 thorized under subtitle D of title I of the Act (42 U.S.C.

3 12601 et seq.): Provided further, That not more than

4 $215,000,000 of the amount provided under this heading

5 shall be available for grants under the National Service

6 Trust program authorized under subtitle C of title I of the

7 Act (42 U.S.C. 12571 et seq.) (relating to activities includ8 ing the Americorps program), of which not more than

9 $40,000,000 may be used to administer, reimburse or sup10 port any national service program authorized under section

11 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided

12 further, That not more than $5,500,000 of the funds made

13 available under this heading shall be made available for the

14 Points of Light Foundation for activities authorized under

15 title III of the Act (42 U.S.C. 12661 et seq.): Provided fur16 ther, That no funds shall be available for national service

17 programs run by Federal agencies authorized under section

18 121(b) of such Act (42 U.S.C. 12581(b)): Provided further,

19 That, to the maximum extent feasible, funds appropriated

20 in the preceding proviso shall be provided in a manner that

21 is consistent with the recommendations of peer review pan22 els in order to ensure that priority is given to programs

23 that demonstrate quality, innovation, replicability, and

24 sustainability: Provided further, That not more than

25 $18,000,000 of the funds made available under this heading
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1 shall be available for the Civilian Community Corps au2 thorized under subtitle E of title I of the Act (42 U.S.C.

3 12611 et seq.): Provided further, That not more than

4 $43,000,000 shall be available for school-based and commu5 nity-based service-learning programs authorized under sub6 title B of title I of the Act (41 U.S.C. 12521 et seq.): Pro7 vided further, That not more than $30,000,000 shall be

8 available for quality and innovation activities authorized

9 under subtitle H of title I of the Act (42 U.S.C. 12853 et

10 seq.): Provided further, That not more than $5,000,000 shall

11 be available for audits and other evaluations authorized

12 under section 179 of the Act (42 U.S.C. 12639), of which

13 up to $500,000 shall be available for a study by the Na14 tional Academy of Public Administration on the structure,

15 organization, and management of the Corporation and ac16 tivities supported by the Corporation, including an assess17 ment of the quality, innovation, replicability, and sustain18 ability without Federal funds of such activities, and the

19 Federal and non-Federal cost of supporting participants in

20 community service activities: Provided further, That no

21 funds from any other appropriation, or from funds other22 wise made available to the Corporation, shall be used to

23 pay for personnel compensation and benefits, travel, or any

24 other administrative expense for the Board of Directors, the

25 Office of the Chief Executive Officer, the Office of the Man-
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1 aging Director, the Office of the Chief Financial Officer,

2 the Office of National and Community Service Programs,

3 the Civilian Community Corps, or any field office or staff

4 of the Corporation working on the National and Commu5 nity Service or Civilian Community Corps programs: Pro6 vided further, That to the maximum extent practicable, the

7 Corporation shall increase significantly the level of match8 ing funds and in-kind contributions provided by the private

9 sector, shall expand significantly the number of educational

10 awards provided under subtitle D of title I, and shall reduce

11 the total Federal cost per participant in all programs: Pro12 vided further, That prior to September 30, 1996, the Gen13 eral Accounting Office shall report to the Congress the re14 sults of a study of State commission programs which evalu15 ates the cost per participant, the commissions’ ability to

16 oversee the programs, and other relevant considerations:

17 Provided further, That the matter under this heading in

18 title I of this Act shall not be effective.

19 SENSE OF CONGRESS

20 It is the sense of the Congress that accounting for tax21 payers’ funds must be a top priority for all Federal agencies

22 and Government corporations. The Congress is deeply con23 cerned about the findings of the recent audit of the Corpora24 tion for National and Community Service required under

25 the Government Corporation Control Act of 1945. The Con26 gress urges the President to expeditiously nominate a quali-
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1 fied Chief Financial Officer for the Corporation. Further,

2 to the maximum extent practicable and as quickly as pos3 sible, the Corporation should implement the recommenda4 tions of the independent auditors contracted for by the Cor5 poration’s Inspector General, as well as the Chief Financial

6 Officer, to improve the financial management of taxpayers’

7 funds. Should the Chief Financial Officer determine that

8 additional resources are needed to implement these rec9 ommendations, the Corporation should submit a

10 reprogramming proposal for up to $3,000,000 to carry out

11 reforms of the financial management system.

12 FUNDING ADJUSTMENT

13 The total amount appropriated under the heading

14 ‘‘Department of Housing and Urban Development, Housing

15 Programs, Annual contribution for assisted housing’’, in

16 title I of this Act is reduced by $17,000,000, and the amount

17 otherwise made available under said heading for section 8

18 assistance and rehabilitation grants for property disposi19 tion is reduced to $192,000,000.

20 CHAPTER 2—SPENDING OFFSETS

21 SUBCHAPTER A—DEBT COLLECTION

22 SEC. 5101. SHORT TITLE.

23 This subchapter may be cited as the ‘‘Debt Collection

24 Improvement Act of 1996’’.
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1 SEC. 5102. EFFECTIVE DATE.

2 Except as otherwise provided in this subchapter, the

3 provisions of this subchapter and the amendments made by

4 this subchapter shall be effective on the date of enactment

5 of this Act.

6 PART I—GENERAL DEBT COLLECTION

7 INITIATIVES

8 Subpart A—General Offset Authority

9 SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE OFFSET AU10 THORITY.

11 (a) Section 3701(c) of title 31, United States Code, is

12 amended to read as follows:

13 ‘‘(c) In sections 3716 and 3717 of this title, the term

14 ‘person’ does not include an agency of the United States

15 Government, or of a unit of general local government.’’.

16 (b) Section 3716 of title 31, United States Code, is

17 amended—

18 (1) by amending subsection (b) to read as fol19 lows:

20 ‘‘(b) Before collecting a claim by administrative offset,

21 the head of an executive, legislative, or judicial agency must

22 either—

23 ‘‘(1) adopt regulations on collecting by adminis24 trative offset promulgated by the Department of Jus25 tice, the General Accounting Office and/or the Depart26 ment of the Treasury without change; or
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1 ‘‘(2) prescribe independent regulations on collect2 ing by administrative offset consistent with the regu3 lations promulgated under paragraph (1).’’;

4 (2) by amending subsection (c)(2) to read as fol5 lows:

6 ‘‘(2) when a statute explicitly prohibits using

7 administrative ‘offset’ or ‘setoff’ to collect the claim or

8 type of claim involved.’’;

9 (3) by redesignating subsection (c) as subsection

10 (d); and

11 (4) by inserting after subsection (b) the following

12 new subsection:

13 ‘‘(c)(1)(A) Except as provided in subparagraph (B) or

14 (C), a disbursing official of the Department of the Treasury,

15 the Department of Defense, the United States Postal Serv16 ice, or any disbursing official of the United States des17 ignated by the Secretary of the Treasury, is authorized to

18 offset the amount of a payment which a payment certifying

19 agency has certified to the disbursing official for disburse20 ment by an amount equal to the amount of a claim which

21 a creditor agency has certified to the Secretary of the Treas22 ury pursuant to this subsection.

23 ‘‘(B) An agency that designates disbursing officials

24 pursuant to section 3321(c) of this title is not required to

25 certify claims arising out of its operations to the Secretary
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1 of the Treasury before such agency’s disbursing officials off2 set such claims.

3 ‘‘(C) Payments certified by the Department of Edu4 cation under a program administered by the Secretary of

5 Education under title IV of the Higher Education Act of

6 1965, as amended, shall not be subject to offset under this

7 subsection.

8 ‘‘(2) Neither the disbursing official nor the payment

9 certifying agency shall be liable—

10 ‘‘(A) for the amount of the offset on the basis

11 that the underlying obligation, represented by the

12 payment before the offset was taken, was not satisfied;

13 or

14 ‘‘(B) for failure to provide timely notice under

15 paragraph (8).

16 ‘‘(3)(A) Notwithstanding any other provision of law

17 (including sections 207 and 1631(d)(1) of the Act of August

18 14, 1935 (42 U.S.C. 407 and 1383(d)(1)), section 413(b)

19 of Public Law 91–173 (30 U.S.C. 923(b)), and section 14

20 of the Act of August 29, 1935 (45 U.S.C. 231m)), all pay21 ments due under the Social Security Act, Part B of the

22 Black Lung Benefits Act, or under any law administered

23 by the Railroad Retirement Board shall be subject to offset

24 under this section.
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1 ‘‘(B) An amount of $10,000 which a debtor may re2 ceive under Federal benefit programs cited under subpara3 graph (A) within a 12-month period shall be exempt from

4 offset under this subsection. In applying the $10,000 exemp5 tion, the disbursing official shall—

6 ‘‘(i) apply a prorated amount of the exemption

7 to each periodic benefit payment to be made to the

8 debtor during the applicable 12-month period; and

9 ‘‘(ii) consider all benefit payments made during

10 the applicable 12-month period which are exempt

11 from offset under this subsection as part of the

12 $10,000 exemption.

13 For purposes of the preceding sentence, the amount of a

14 periodic benefit payment shall be the amount after any re15 duction or deduction required under the laws authorizing

16 the program under which such payment is authorized to

17 be made (including any reduction or deduction to recover

18 any overpayment under such program).

19 ‘‘(C) The Secretary of the Treasury shall exempt

20 means-tested programs when notified by the head of the re21 spective agency. The Secretary may exempt other payments

22 from offset under this subsection upon the written request

23 of the head of a payment certifying agency. A written re24 quest for exemption of other payments must provide jus25 tification for the exemption under thestandards prescribed
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1 by the Secretary. Such standards shall give due consider2 ation to whether offset would tend to interfere substantially

3 with or defeat the purposes of the payment certifying agen4 cy’s program.

5 ‘‘(D) The provisions of sections 205(b)(1) and

6 1631(c)(1) of the Social Security Act shall not apply to any

7 offset executed pursuant to this section against benefits au8 thorized by either title II or title XVI of the Social Security

9 Act.

10 ‘‘(4) The Secretary of the Treasury is authorized to

11 charge a fee sufficient to cover the full cost of implementing

12 this subsection. The fee may be collected either by the reten13 tion of a portion of amounts collected pursuant to this sub14 section, or by billing the agency referring or transferring

15 the claim. Fees charged to the agencies shall be based only

16 on actual offsets completed. Fees charged under this sub17 section concerning delinquent claims may be considered as

18 costs pursuant to section 3717(e) of this title. Fees charged

19 under this subsection shall be deposited into the ‘Account’

20 determined by the Secretary of the Treasury in accordance

21 with section 3711(g) of this title, and shall be collected and

22 accounted for in accordance with the provisions of that sec23 tion.

24 ‘‘(5) The Secretary of the Treasury may disclose to a

25 creditor agency the current address of any payee and any
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1 data related to certifying and authorizing such payment

2 in accordance with section 552a of title 5, United States

3 Code, even when the payment has been exempt from offset.

4 Where payments are made electronically, the Secretary is

5 authorized to obtain the current address of the debtor/payee

6 from the institution receiving the payment. Upon request

7 by the Secretary, the institution receiving the payment shall

8 report the current address of the debtor/payee to the Sec9 retary.

10 ‘‘(6) The Secretary of the Treasury is authorized to

11 prescribe such rules, regulations, and procedures as the Sec12 retary of the Treasury deems necessary to carry out the pur13 poses of this subsection. The Secretary shall consult with

14 the heads of affected agencies in the development of such

15 rules, regulations, and procedures.

16 ‘‘(7)(A) Any Federal agency that is owed by a named

17 person a past-due legally enforceable non-tax debt that is

18 over 180 days delinquent (other than any past-due sup19 port), including non-tax debt administered by a third party

20 acting as an agent for the Federal Government, shall notify

21 the Secretary of the Treasury of all such non-tax debts for

22 purposes of offset under this subsection.

23 ‘‘(B) An agency may delay notification under sub24 paragraph (A) with respect to a debt that is secured by bond

25 or other instruments in lieu of bond, or for which there is
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1 another specific repayment source, in order to allow suffi2 cient time to either collect the debt through normal collec3 tion processes (including collection by internal administra4 tive offset) or render a final decision on any protest filed

5 against the claim.

6 ‘‘(8) The disbursing official conducting the offset shall

7 notify the payee in writing of—

8 ‘‘(A) the occurrence of an offset to satisfy a past9 due legally enforceable debt, including a description of

10 the type and amount of the payment otherwise pay11 able to the debtor against which the offset was exe12 cuted;

13 ‘‘(B) the identity of the creditor agency request14 ing the offset; and

15 ‘‘(C) a contact point within the creditor agency

16 that will handle concerns regarding the offset.’’.

17 Where the payment to be offset is a periodic benefit pay18 ment, the disbursing official shall take reasonable steps, as

19 determined by the Secretary of the Treasury, to provide the

20 notice to the payee not later than the date on which the

21 payee is otherwise scheduled to receive the payment, or as

22 soon as practical thereafter, but no later than the date of

23 the offset. Notwithstanding the preceding sentence, the fail24 ure of the debtor to receive such notice shall not impair

25 the legality of such offset.
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1 ‘‘(9) A levy pursuant to the Internal Revenue Code of

2 1986 shall take precedence over requests for offset received

3 from other agencies.’’.

4 (c) Section 3701(a) of title 31, United States Code, is

5 amended by adding at the end the following new paragraph:

6 ‘‘(8) ‘non-tax claim’ means any claim from any

7 agency of the Federal Government other than a claim

8 by the Internal Revenue Service under the Internal

9 Revenue Code of 1986.’’.

10 SEC. 5202. HOUSE OF REPRESENTATIVES AS LEGISLATIVE

11 AGENCY.

12 (a) Section 3701 of title 31, United States Code, is

13 amended by adding at the end the following new sub14 sections:

15 ‘‘(e) For purposes of subchapters I and II of chapter

16 37 of title 31, United States Code (relating to claims of

17 or against United States Government), the United States

18 House of Representatives shall be considered to be a legisla19 tive agency (as defined in section 3701(a)(4) of such title),

20 and the Clerk of the House of Representatives shall be

21 deemed to be the head of such legislative agency.

22 ‘‘(f) Regulations prescribed by the Clerk of the House

23 of Representatives pursuant to section 3716 of title 31,

24 United States Code, shall not become effective until they are
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1 approved by the Committee on Rules of the House of Rep2 resentatives.’’.

3 SEC. 5203. EXEMPTION FROM COMPUTER MATCHING RE4 QUIREMENTS UNDER THE PRIVACY ACT OF

5 1974.

6 Section 552a(a) of title 5, United States Code, is

7 amended in paragraph (8)(B)—

8 (1) by striking ‘‘or’’ at the end of clause (vi);

9 (2) by inserting ‘‘or’’ at the end of clause (vii);

10 and

11 (3) by adding after clause (vii) the following new

12 clause:

13 ‘‘(viii) matches for administrative off14 set or claims collection pursuant to sub15 section 3716(c) of title 31, section 5514 of

16 this title, or any other payment intercept or

17 offset program authorized by statute;’’.

18 SEC. 5204. TECHNICAL AND CONFORMING AMENDMENTS.

19 (a) Title 31, United States Code, is amended—

20 (1) in section 3322(a), by inserting ‘‘section

21 3716 and section 3720A of this title, section 6331 of

22 title 26, and’’ after ‘‘Except as provided in’’;

23 (2) in section 3325(a)(3), by inserting ‘‘or pur24 suant to payment intercepts or offsets pursuant to

25 section 3716 or 3720A, or pursuant to levies executed
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1 under section 6331 of the Internal Revenue Code of

2 1986 (26 U.S.C. 6331),’’ after ‘‘voucher’’; and

3 (3) in sections 3711, 3716, 3717, and 3718, by

4 striking ‘‘the head of an executive or legislative agen5 cy’’ each place it appears and inserting instead ‘‘the

6 head of an executive, judicial, or legislative agency’’.

7 (b) Subsection 6103(l)(10) of title 26, United States

8 Code, is amended—

9 (1) in subparagraph (A), by inserting ‘‘and to

10 officers and employees of the Department of the Treas11 ury in connection with such reduction’’ adding after

12 ‘‘6402’’; and

13 (2) in subparagraph (B), by adding ‘‘and to offi14 cers and employees of the Department of the Treasury

15 in connection with such reduction’’ after ‘‘agency’’.

16 Subpart B—Salary Offset Authority

17 SEC. 5221. ENHANCEMENT OF SALARY OFFSET AUTHORITY.

18 Section 5514 of title 5, United States Code, is amend19 ed—

20 (1) in subsection (a)—

21 (A) by adding at the end of paragraph (1)

22 the following: ‘‘All Federal agencies to which

23 debts are owed and are delinquent in repayment,

24 shall participate in a computer match at least

25 annually of their delinquent debt records with
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1 records of Federal employees to identify those

2 employees who are delinquent in repayment of

3 those debts. Matched Federal employee records

4 shall include, but shall not be limited to, active

5 Civil Service employees government-wide, mili6 tary active duty personnel, military reservists,

7 United States Postal Service employees, and

8 records of seasonal and temporary employees.

9 The Secretary of the Treasury shall establish and

10 maintain an interagency consortium to imple11 ment centralized salary offset computer match12 ing, and promulgate regulations for this pro13 gram. Agencies that perform centralized salary

14 offset computer matching services under this sub15 section are authorized to charge a fee sufficient

16 to cover the full cost for such services.’’;

17 (B) by redesignating paragraphs (3) and

18 (4) as paragraphs (4) and (5), respectively;

19 (C) by inserting after paragraph (2) the fol20 lowing new paragraph:

21 ‘‘(3) The provisions of paragraph (2) shall not

22 apply to routine intra-agency adjustments of pay that

23 are attributable to clerical or administrative errors or

24 delays in processing pay documents that have oc25 curred within the four pay periods preceding the ad-
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1 justment and to any adjustment that amounts to $50

2 or less, provided that at the time of such adjustment,

3 or as soon thereafter as practical, the individual is

4 provided written notice of the nature and the amount

5 of the adjustment and a point of contact for contest6 ing such adjustment.’’; and

7 (D) by amending paragraph (5)(B) (as re8 designated) to read as follows:

9 ‘‘(B) For purposes of this section ‘agency’

10 includes executive departments and agencies, the

11 United States Postal Service, the Postal Rate

12 Commission, the United States Senate, the Unit13 ed States House of Representatives, and any

14 court, court administrative office, or instrumen15 tality in the judicial or legislative branches of

16 government, and government corporations.’’;

17 (2) by adding at the end of subsection (b) the fol18 lowing new paragraphs:

19 ‘‘(3) For purposes of this section, the Clerk of the

20 House of Representatives shall be deemed to be the

21 head of the agency. Regulations prescribed by the

22 Clerk of the House of Representatives pursuant to

23 subsection (b)(1) shall be subject to the approval of the

24 Committee on Rules of the House of Representatives.
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1 ‘‘(4) For purposes of this section, the Secretary

2 of the Senate shall be deemed to be the head of the

3 agency. Regulations prescribed by the Secretary of the

4 Senate pursuant to subsection (b)(1) shall be subject

5 to the approval of the Committee on Rules and Ad6 ministration of the Senate.’’; and

7 (3) by adding after subsection (c) the following

8 new subsection:

9 ‘‘(d) A levy pursuant to the Internal Revenue Code of

10 1986 shall take precedence over requests for offset received

11 from other agencies.’’.

12 Subpart C—Taxpayer Identifying Numbers

13 SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING NUMBERS;

14 BARRING DELINQUENT DEBTORS FROM

15 CREDIT ASSISTANCE.

16 Section 4 of the Debt Collection Act of 1982 (Public

17 Law 97–365, 96 Stat. 1749, 26 U.S.C. 6103 note) is amend18 ed—

19 (1) in subsection (b), by striking ‘‘For purposes

20 of this section’’ and inserting instead ‘‘For purposes

21 of subsection (a)’’; and

22 (2) by adding at the end thereof the following

23 new subsections:

24 ‘‘(c) FEDERAL AGENCIES.—Each Federal agency shall

25 require each person doing business with that agency to fur-
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1 nish to that agency such person’s taxpayer identifying

2 number.

3 ‘‘(1) For purposes of this subsection, a person is

4 considered to be ‘doing business’ with a Federal agen5 cy if the person is—

6 ‘‘(A) a lender or servicer in a Federal guar7 anteed or insured loan program;

8 ‘‘(B) an applicant for, or recipient of—

9 ‘‘(i) a Federal guaranteed, insured, or

10 direct loan; or

11 ‘‘(ii) a Federal license, permit, right12 of-way, grant, benefit payment or insur13 ance;

14 ‘‘(C) a contractor of the agency;

15 ‘‘(D) assessed a fine, fee, royalty or penalty

16 by that agency;

17 ‘‘(E) in a relationship with a Federal agen18 cy that may give rise to a receivable due to that

19 agency, such as a partner of a borrower in or a

20 guarantor of a Federal direct or insured loan;

21 and

22 ‘‘(F) is a joint holder of any account to

23 which Federal benefit payments are transferred

24 electronically.
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1 ‘‘(2) Each agency shall disclose to the person re2 quired to furnish a taxpayer identifying number

3 under this subsection its intent to use such number

4 for purposes of collecting and reporting on any delin5 quent amounts arising out of such persons’s relation6 ship with the government.

7 ‘‘(3) For purposes of this subsection:

8 ‘‘(A) The term ‘taxpayer identifying num9 ber’ has the meaning given such term in section

10 6109 of title 26, United States Code.

11 ‘‘(B) The term ‘person’ means an individ12 ual, sole proprietorship, partnership, corpora13 tion, nonprofit organization, or any other form

14 of business association, but with the exception of

15 debtors owing claims resulting from petroleum

16 pricing violations does not include debtors under

17 third party claims of the United States.

18 ‘‘(d) ACCESS TO SOCIAL SECURITY NUMBERS.—Not19 withstanding section 552a of title 5, United States Code,

20 creditor agencies to which a delinquent claim is owed, and

21 their agents, may match their debtor records with the Social

22 Security Administration records to verify name, name con23 trol, Social Security number, address, and date of birth.’’.
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1 SEC. 5232. BARRING DELINQUENT FEDERAL DEBTORS

2 FROM OBTAINING FEDERAL LOANS OR LOAN

3 GUARANTEES.

4 (a) Title 31, United States Code, is amended by add5 ing after section 3720A the following new section:

6 ‘‘§ 3720B. Barring delinquent Federal debtors from ob7 taining Federal loans or loan guarantees

8 ‘‘(a) Unless waived by the head of the agency, no per9 son may obtain any Federal financial assistance in the

10 form of a loan or a loan guarantee if such person has an

11 outstanding Federal non-tax debt which is in a delinquent

12 status, as determined under the standards prescribed by the

13 Secretary of the Treasury, with a Federal agency. Any such

14 person may obtain additional Federal financial assistance

15 only after such delinquency is resolved, pursuant to these

16 standards. This section shall not apply to loans or loan

17 guarantees where a statute specifically permits extension of

18 Federal financial assistance to borrowers in delinquent sta19 tus.

20 ‘‘(b) The head of the agency may delegate the waiver

21 authority described in subsection (a) to the Chief Financial

22 Officer of the agency. The waiver authority may be redele23 gated only to the Deputy Chief Financial Officer of the

24 agency.

25 ‘‘(c) For purposes of this section, ‘person’ means an

26 individual; or sole proprietorship, partnership, corporation,
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1 non-profit organization, or any other form of business asso2 ciation.’’.

3 (b) The table of sections for subchapter II of chapter

4 37 of title 31, United States Code, is amended by inserting

5 after the item relating to section 3720A the following new

6 item:

‘‘3720B. Barring delinquent Federal debtors from obtaining Federal loans or loan

guarantees.’’.

7 Subpart D—Expanding Collection Authorities and

8 Governmentwide Cross-Servicing

9 SEC. 5241. EXPANDING COLLECTION AUTHORITIES UNDER

10 THE DEBT COLLECTION ACT OF 1982.

11 (a) Subsection 8(e) of the Debt Collection Act of 1982

12 (Public Law 97–365, 31 U.S.C. 3701(d) and 5 U.S.C. 5514

13 note) is repealed.

14 (b) Section 5 of the Social Security Domestic Employ15 ment Reform Act of 1994 (Public Law 103–387) is repealed.

16 (c) Section 631 of the Tariff Act of 1930 (19 U.S.C.

17 1631), is repealed.

18 (d) Title 31, United States Code, is amended—

19 (1) in section 3701—

20 (A) by amending subsection (a)(4) to read

21 as follows:

22 ‘‘(4) ‘executive, judicial or legislative agency’

23 means a department, military department, agency,

24 court, court administrative office, or instrumentality
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1 in the executive, judicial or legislative branches of

2 government, including government corporations.’’;

3 and

4 (B) by inserting after subsection (c) the fol5 lowing new subsection:

6 ‘‘(d) Sections 3711(f) and 3716–3719 of this title do

7 not apply to a claim or debt under, or to an amount pay8 able under, the Internal Revenue Code of 1986.’’;

9 (2) by amending section 3711(f) to read as fol10 lows:

11 ‘‘(f)(1) When trying to collect a claim of the Govern12 ment, the head of an executive or legislative agency may

13 disclose to a consumer reporting agency information from

14 a system of records that an individual is responsible for

15 a claim if notice required by section 552a(e)(4) of title 5,

16 United States Code, indicates that information in the sys17 tem may be disclosed to a consumer reporting agency.

18 ‘‘(2) The information disclosed to a consumer report19 ing agency shall be limited to—

20 ‘‘(A) information necessary to establish the iden21 tity of the individual, including name, address and

22 taxpayer identifying number;

23 ‘‘(B) the amount, status, and history of the

24 claim; and
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1 ‘‘(C) the agency or program under which the

2 claim arose.’’; and

3 (3) in section 3718—

4 (A) in subsection (a), by striking the first

5 sentence and inserting instead the following:

6 ‘‘Under conditions the head of an executive, leg7 islative or judicial agency considers appropriate,

8 the head of an agency may make a contract with

9 a person for collection service to recover indebt10 edness owed, or to locate or recover assets of, the

11 United States Government. No head of an agency

12 may enter into a contract to locate or recover as13 sets of the United States held by a State govern14 ment or financial institution unless that agency

15 has established procedures approved by the Sec16 retary of the Treasury to identify and recover

17 such assets.’’; and

18 (B) in subsection (d), by inserting ‘‘, or to

19 locate or recover assets of,’’ after ‘‘owed’’.

20 SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING.

21 Section 3711 of title 31, United States Code, is amend22 ed by adding at the end the following new subsection:

23 ‘‘(g)(1) At the discretion of the head of an executive,

24 judicial or legislative agency, referral of a non-tax claim

25 may be made to any executive department or agency operat-
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1 ing a debt collection center for servicing and collection in

2 accordance with an agreement entered into under para3 graph (2). Referral or transfer of a claim may also be made

4 to the Secretary of the Treasury for servicing, collection,

5 compromise, and/or suspension or termination of collection

6 action. Non-tax claims referred or transferred under this

7 section shall be serviced, collected, compromised, and/or col8 lection action suspended or terminated in accordance with

9 existing statutory requirements and authorities.

10 ‘‘(2) Executive departments and agencies operating

11 debt collection centers are authorized to enter into agree12 ments with the heads of executive, judicial, or legislative

13 agencies to service and/or collect non-tax claims referred or

14 transferred under this subsection. The heads of other execu15 tive departments and agencies are authorized to enter into

16 agreements with the Secretary of the Treasury for servicing

17 or collection of referred or transferred non-tax claims or

18 other Federal agencies operating debt collection centers to

19 obtain debt collection services from those agencies.

20 ‘‘(3) Any agency to which non-tax claims are referred

21 or transferred under this subsection is authorized to charge

22 a fee sufficient to cover the full cost of implementing this

23 subsection. The agency transferring or referring the non24 tax claim shall be charged the fee, and the agency charging

25 the fee shall collect such fee by retaining the amount of the
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1 fee from amounts collected pursuant to this subsection.

2 Agencies may agree to pay through a different method, or

3 to fund the activity from another account or from revenue

4 received from Section 701. Amounts charged under this sub5 section concerning delinquent claims may be considered as

6 costs pursuant to section 3717(e) of this title.

7 ‘‘(4) Notwithstanding any other law concerning the de8 positing and collection of Federal payments, including sec9 tion 3302(b) of this title, agencies collecting fees may retain

10 the fees from amounts collected. Any fee charged pursuant

11 to this subsection shall be deposited into an account to be

12 determined by the executive department or agency operating

13 the debt collection center charging the fee (hereafter referred

14 to in this section as the ‘Account’). Amounts deposited in

15 the Account shall be available until expended to cover costs

16 associated with the implementation and operation of gov17 ernment-wide debt collection activities. Costs properly

18 chargeable to the Account include, but are not limited to—

19 ‘‘(A) the costs of computer hardware and soft20 ware, word processing and telecommunications equip21 ment, other equipment, supplies, and furniture;

22 ‘‘(B) personnel training and travel costs;

23 ‘‘(C) other personnel and administrative costs;

24 ‘‘(D) the costs of any contract for identification,

25 billing, or collection services; and
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1 ‘‘(E) reasonable costs incurred by the Secretary

2 of the Treasury, including but not limited to, services

3 and utilities provided by the Secretary, and adminis4 tration of the Account.

5 ‘‘(5) Not later than January 1 of each year, there shall

6 be deposited into the Treasury as miscellaneous receipts, an

7 amount equal to the amount of unobligated balances re8 maining in the Account at the close of business on Septem9 ber 30 of the preceding year minus any part of such balance

10 that the executive department or agency operating the debt

11 collection center determines is necessary to cover or defray

12 the costs under this subsection for the fiscal year in which

13 the deposit is made.

14 ‘‘(6)(A) The head of an executive, legislative, or judi15 cial agency shall transfer to the Secretary of the Treasury

16 all non-tax claims over 180 days delinquent for additional

17 collection action and/or closeout. A taxpayer identification

18 number shall be included with each claim provided if it

19 is in the agency’s possession.

20 ‘‘(B) Subparagraph (A) shall not apply—

21 ‘‘(i) to claims that—

22 ‘‘(I) are in litigation or foreclosure;

23 ‘‘(II) will be disposed of under the loan

24 sales program of a Federal department or agen25 cy;
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1 ‘‘(III) have been referred to a private collec2 tion contractor for collection;

3 ‘‘(IV) are being collected under internal off4 set procedures;

5 ‘‘(V) have been referred to the Department

6 of the Treasury, the Department of Defense, the

7 United States Postal Service, or a disbursing of8 ficial of the United States designated by the Sec9 retary of the Treasury for administrative offset;

10 ‘‘(VI) have been retained by an executive

11 agency in a debt collection center; or

12 ‘‘(VII) have been referred to another agency

13 for collection;

14 ‘‘(ii) to claims which may be collected after the

15 180-day period in accordance with specific statutory

16 authority or procedural guidelines, provided that the

17 head of an executive, legislative, or judicial agency

18 provides notice of such claims to the Secretary of the

19 Treasury; and

20 ‘‘(iii) to other specific class of claims as deter21 mined by the Secretary of the Treasury at the request

22 of the head of an agency or otherwise.

23 ‘‘(C) The head of an executive, legislative, or judicial

24 agency shall transfer to the Secretary of the Treasury all

25 non-tax claims on which the agency has ceased collection
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1 activity. The Secretary may exempt specific classes of

2 claims from this requirement, at the request of the head of

3 an agency, or otherwise. The Secretary shall review trans4 ferred claims to determine if additional collection action is

5 warranted. The Secretary may, in accordance with section

6 6050P of title 26, United States Code, report to the Internal

7 Revenue Service on behalf of the creditor agency any claims

8 that have been discharged within the meaning of such sec9 tion.

10 ‘‘(7) At the end of each calendar year, the head of an

11 executive, legislative, or judicial agency which, regarding

12 a claim owed to the agency, is required to report a discharge

13 of indebtedness as income under the 6050P of title 26, Unit14 ed States Code, shall either complete the appropriate form

15 1099 or submit to the Secretary of the Treasury such infor16 mation as is necessary for the Secretary of the Treasury

17 to complete the appropriate form 1099. The Secretary of

18 the Treasury shall incorporate this information into the ap19 propriate form and submit the information to the taxpayer

20 and Internal Revenue Service.

21 ‘‘(8) To carry out the purposes of this subsection, the

22 Secretary of the Treasury is authorized—

23 ‘‘(A) to prescribe such rules, regulations, and

24 procedures as the Secretary deems necessary; and
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1 ‘‘(B) to designate debt collection centers operated

2 by other Federal agencies.’’.

3 SEC. 5243. COMPROMISE OF CLAIMS.

4 (a) Section 3711(a)(2) of title 31, United States Code,

5 is amended by striking out ‘‘$20,000 (excluding interest)’’

6 and inserting in lieu thereof ‘‘$100,000 (excluding interest)

7 or such higher amount as the Attorney General may from

8 time to time prescribe.

9 (b) This section shall be effective as of October 1, 1995.

10 Subpart E—Federal Civil Monetary Penalties

11 SEC. 5251. ADJUSTING FEDERAL CIVIL MONETARY PEN12 ALTIES FOR INFLATION.

13 (a) The Federal Civil Penalties Inflation Adjustment

14 Act of 1990 (Public Law 101–410, 104 Stat. 890; 28 U.S.C.

15 2461 note) is amended—

16 (1) by amending section 4 to read as follows:

17 ‘‘SEC. 4. The head of each agency shall, not later than

18 180 days after the date of enactment of the Debt Collection

19 Improvement Act of 1996, and at least once every 4 years

20 thereafter, by regulation adjust each civil monetary penalty

21 provided by law within the jurisdiction of the Federal agen22 cy, except for any penalty under title 26, United States

23 Code, by the inflation adjustment described under section

24 5 of this Act and publish each such regulation in the Fed25 eral Register.’’;
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1 (2) in section 5(a), by striking ‘‘The adjustment

2 described under paragraphs (4) and (5)(A) of section

3 4’’ and inserting ‘‘The inflation adjustment’’; and

4 (3) by adding at the end the following new sec5 tion:

6 ‘‘SEC. 7. Any increase to a civil monetary penalty re7 sulting from this Act shall apply only to violations which

8 occur after the date any such increase takes effect.’’.

9 (b) The initial adjustment of a civil monetary penalty

10 made pursuant to section 4 of Federal Civil Penalties Infla11 tion Adjustment Act of 1990 (as amended by subsection (a))

12 may not exceed 10 percent of such penalty.

13 Subpart F—Gain Sharing

14 SEC. 5261. DEBT COLLECTION IMPROVEMENT ACCOUNT.

15 (a) Title 31, United States Code, is amended by insert16 ing after section 3720B the following new section:

17 ‘‘§ 3720C. Debt Collection Improvement Account

18 ‘‘(a)(1) There is hereby established in the Treasury a

19 special fund to be known as the ‘Debt Collection Improve20 ment Account’ (hereinafter referred to as the ‘Account’).

21 ‘‘(2) The Account shall be maintained and managed

22 by the Secretary of the Treasury, who shall ensure that pro23 grams are credited with the amounts described in subsection

24 (b) and with allocations described in subsection (c).
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1 ‘‘(b)(1) Not later than 30 days after the end of a fiscal

2 year, an agency other than the Department of Justice is

3 authorized to transfer to the Account a dividend not to ex4 ceed five percent of the debt collection improvement amount

5 as described in paragraph (3).

6 ‘‘(2) Agency transfers to the Account may include col7 lections from—

8 ‘‘(A) salary, administrative and tax referral off9 sets;

10 ‘‘(B) automated levy authority;

11 ‘‘(C) the Department of Justice; and

12 ‘‘(D) private collection agencies.

13 ‘‘(3) For purposes of this section, the term ‘debt collec14 tion improvement amount’ means the amount by which the

15 collection of delinquent debt with respect to a particular

16 program during a fiscal year exceeds the delinquent debt

17 baseline for such program for such fiscal year. The Office

18 of Management and Budget shall determine the baseline

19 from which increased collections are measured over the

20 prior fiscal year, taking into account the recommendations

21 made by the Secretary of the Treasury in consultation with

22 creditor agencies.

23 ‘‘(c)(1) The Secretary of the Treasury is authorized to

24 make payments from the Account solely to reimburse agen25 cies for qualified expenses. For agencies with franchise
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1 funds, payments may be credited to subaccounts designated

2 for debt collection.

3 ‘‘(2) For purposes of this paragraph, the term ‘quali4 fied expenses’ means expenditures for the improvement of

5 tax administration and agency debt collection and debt re6 covery activities including, but not limited to, account serv7 icing (including cross-servicing under section 502 of the

8 Debt Collection Improvement Act of 1996), automatic data

9 processing equipment acquisitions, delinquent debt collec10 tion, measures to minimize delinquent debt, asset disposi11 tion, and training of personnel involved in credit and debt

12 management.

13 ‘‘(3) Payments made to agencies pursuant to para14 graph (1) shall be in proportion to their contributions to

15 the Account.

16 ‘‘(4)(A) Amounts in the Account shall be available to

17 the Secretary of the Treasury to the extent and in the

18 amounts provided in advance in appropriation Acts, for

19 purposes of this section. Such amounts are authorized to

20 be appropriated without fiscal year limitation.

21 ‘‘(B) As soon as practicable after the end of third fiscal

22 year after which appropriations are made pursuant to this

23 section, and every 3 years thereafter, any unappropriated

24 balance in the account as determined by the Secretary of

25 the Treasury in consultation with agencies, shall be trans-
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1 ferred to the Treasury general fund as miscellaneous re2 ceipts.

3 ‘‘(d) For direct loan and loan guarantee programs sub4 ject to title V of the Congressional Budget Act of 1974,

5 amounts credited in accordance with subsection (c) shall be

6 considered administrative costs and shall not be included

7 in the estimated payments to the Government for the pur8 pose of calculating the cost of such programs.

9 ‘‘(e) The Secretary of the Treasury shall prescribe such

10 rules, regulations, and procedures as the Secretary deems

11 necessary or appropriate to carry out the purposes of this

12 section.’’.

13 (b) The table of sections for subchapter II of chapter

14 37 of title 31, United States Code, is amended by inserting

15 after the item relating to section 3720B the following new

16 item:

‘‘3720C. Debt Collection Improvement Account.’’.

17 Subpart G—Tax Refund Offset Authority

18 SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY DISBURS19 ING OFFICIALS.

20 Section 3720A(h) of title 31, United States Code, is

21 amended to read as follows:

22 ‘‘(h)(1) The term ‘Secretary of the Treasury’ may in23 clude the disbursing official of the Department of the Treas24 ury.
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1 ‘‘(2) The disbursing official of the Department of the

2 Treasury—

3 ‘‘(A) shall notify a taxpayer in writing of—

4 ‘‘(i) the occurrence of an offset to satisfy a

5 past-due legally enforceable non-tax debt;

6 ‘‘(ii) the identity of the creditor agency re7 questing the offset; and

8 ‘‘(iii) a contact point within the creditor

9 agency that will handle concerns regarding the

10 offset;

11 ‘‘(B) shall notify the Internal Revenue Service

12 on a weekly basis of—

13 ‘‘(i) the occurrence of an offset to satisfy a

14 past-due legally enforceable non-tax debt;

15 ‘‘(ii) the amount of such offset; and

16 ‘‘(iii) any other information required by

17 regulations; and

18 ‘‘(C) shall match payment records with requests

19 for offset by using a name control, taxpayer identify20 ing number (as defined in 26 U.S.C. 6109), and any

21 other necessary identifiers.’’.

22 SEC. 5272. EXPANDING TAX REFUND OFFSET AUTHORITY.

23 (a) Section 3720A of title 31, United States Code, is

24 amended by adding after subsection (h) the following new

25 subsection:
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1 ‘‘(i) An agency subject to section 9 of the Act of May

2 18, 1933 (16 U.S.C. 831h) may implement this section at

3 its discretion.’’.

4 (b) Section 6402(f) of title 26, United States Code, is

5 amended to read as follows:

6 ‘‘(f) FEDERAL AGENCY.—For purposes of this section,

7 the term ‘Federal agency’ means a department, agency, or

8 instrumentality of the United States, and includes a gov9 ernment corporation (as such term is defined in section 103

10 of title 5, United States Code).’’.

11 SEC. 5273. EXPANDING AUTHORITY TO COLLECT PAST-DUE

12 SUPPORT.

13 (a) Section 3720A(a) of title 31, United States Code,

14 is amended to read as follows:

15 ‘‘(a) Any Federal agency that is owed by a named per16 son a past-due, legally enforceable debt (including past-due

17 support and debt administered by a third party acting as

18 an agent for the Federal Government) shall, in accordance

19 with regulations issued pursuant to subsections (b) and (d),

20 notify the Secretary of the Treasury at least once a year

21 of the amount of such debt.’’.

22 (b) Section 464(a) of the Social Security Act (42

23 U.S.C. 664(a)) is amended—

24 (1) in paragraph (1), by adding at the end

25 thereof the following: ‘‘This subsection may be imple-
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1 mented by the Secretary of the Treasury in accord2 ance with section 3720A of title 31, United States

3 Code.’’; and

4 (2) in paragraph (2)(A), by adding at the end

5 thereof the following: ‘‘This subsection may be imple6 mented by the Secretary of the Treasury in accord7 ance with section 3720A of title 31, United States

8 Code.’’.

9 Subpart H—Definitions, Due Process Rights, and

10 Severability

11 SEC. 5281. TECHNICAL AMENDMENTS TO DEFINITIONS.

12 Section 3701 of title 31, United States Code, is amend13 ed—

14 (1) by amending subsection (a)(1) to read as fol15 lows:

16 ‘‘(1) ‘administrative offset’ means withholding

17 money payable by the United States (including

18 money payable by the United States on behalf of a

19 State government) to, or held by the United States

20 for, a person to satisfy a claim.’’;

21 (2) by amending subsection (b) to read as fol22 lows:

23 ‘‘(b)(1) The term ‘claim’ or ‘debt’ means any amount

24 of money or property that has been determined by an ap25 propriate official of the Federal Government to be owed to
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1 the United States by a person, organization, or entity other

2 than another Federal agency. A claim includes, without

3 limitation, money owed on account of loans insured or

4 guaranteed by the Government, non-appropriated funds,

5 over-payments, any amount the United States is authorized

6 by statute to collect for the benefit of any person, and other

7 amounts of money or property due the Government.

8 ‘‘(2) For purposes of section 3716 of this title, the term

9 ‘claim’ also includes an amount of money or property owed

10 by a person to a State, the District of Columbia, American

11 Samoa, the United States Virgin Islands, the Common12 wealth of the Northern Mariana Islands, or the Common13 wealth of Puerto Rico where there is also a Federal mone14 tary interest or in cases of court ordered child support.’’;

15 and

16 (3) by adding after subsection (f) (as added in

17 section 5202(a)) the following new subsection:

18 ‘‘(g) In section 3716 of this title—

19 ‘‘(1) ‘creditor agency’ means any entity owed a

20 claim that seeks to collect that claim through admin21 istrative offset; and

22 ‘‘(2) ‘payment certifying agency’ means any

23 Federal department, agency, or instrumentality and

24 government corporation, that has transmitted a

25 voucher to a disbursing official for disbursement.’’.
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1 SEC. 5282. SEVERABILITY.

2 If any provision of this title, or the amendments made

3 by this title, or the application of any provision to any

4 entity, person, or circumstance is for any reason adjudged

5 by a court of competent jurisdiction to be invalid, the re6 mainder of this title, and the amendments made by this

7 title, or its application shall not be affected.

8 Subpart I—Reporting

9 SEC. 5291. MONITORING AND REPORTING.

10 (a) The Secretary of the Treasury, in consultation with

11 concerned Federal agencies, is authorized to establish guide12 lines, including information on outstanding debt, to assist

13 agencies in the performance and monitoring of debt collec14 tion activities.

15 (b) Not later than three years after the date of enact16 ment of this Act, the Secretary of the Treasury shall report

17 to the Congress on collection services provided by Federal

18 agencies or entities collecting debt on behalf of other Federal

19 agencies under the authorities contained in section 3711(g)

20 of title 31, United States Code.

21 (c) Section 3719 of title 31, United States Code, is

22 amended—

23 (1) in subsection (a)—

24 (A) by amending the first sentence to read

25 as follows: ‘‘In consultation with the Comptroller

26 General, the Secretary of the Treasury shall pre-
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1 scribe regulations requiring the head of each

2 agency with outstanding non-tax claims to pre3 pare and submit to the Secretary at least once

4 a year a report summarizing the status of loans

5 and accounts receivable managed by the head of

6 the agency.’’; and

7 (B) in paragraph (3), by striking ‘‘Direc8 tor’’ and inserting ‘‘Secretary’’; and

9 (2) in subsection (b), by striking ‘‘Director’’ and

10 inserting ‘‘Secretary’’.

11 (d) Notwithstanding any other provision of law, the

12 Secretary of the Treasury is authorized to consolidate all

13 reports concerning debt collection into one annual report.

14 PART II—JUSTICE DEBT MANAGEMENT

15 Subpart A—Private Attorneys

16 SEC. 5301. EXPANDED USE OF PRIVATE ATTORNEYS.

17 (a) Section 3718(b)(1)(A) of title 31, United States

18 Code, is amended by striking the fourth sentence.

19 (b) Sections 3 and 5 of the Federal Debt Recovery Act

20 (Public Law 99–578, 100 Stat. 3305) are hereby repealed.

21 Subpart B—Nonjudicial Foreclosure

22 SEC. 5311. NONJUDICIAL FORECLOSURE OF MORTGAGES.

23 Chapter 176 of title 28 of the United States Code is

24 amended by adding at the end thereof the following:
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‘‘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.

1 ‘‘§ 3401. Definitions

2 ‘‘As used in this subchapter—

3 ‘‘(1) ‘agency’ means—

4 ‘‘(A) an executive department as defined in

5 section 101 of title 5, United States Code;

6 ‘‘(B) an independent establishment as de7 fined in section 104 of title 5, United States

8 Code (except that it shall not include the General

9 Accounting Office);

10 ‘‘(C) a military department as defined in

11 section 102 of title 5, United States Code; and

12 ‘‘(D) a wholly owned government corpora13 tion as defined in section 9101(3) of title 31,

14 United States Code;

15 ‘‘(2) ‘agency head’ means the head and any as16 sistant head of an agency, and may upon the designa17 tion by the head of an agency include the chief official
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1 of any principal division of an agency or any other

2 employee of an agency;

3 ‘‘(3) ‘bona fide purchaser’ means a purchaser for

4 value in good faith and without notice of any adverse

5 claim who acquires the seller’s interest free of any ad6 verse claim;

7 ‘‘(4) ‘debt instrument’ means a note, mortgage

8 bond, guaranty or other instrument creating a debt or

9 other obligation, including any instrument incor10 porated by reference therein and any instrument or

11 agreement amending or modifying a debt instrument;

12 ‘‘(5) ‘file’ or ‘filing’ means docketing, indexing,

13 recording, or registering, or any other requirement for

14 perfecting a mortgage or a judgment;

15 ‘‘(6) ‘foreclosure trustee’ means an individual,

16 partnership, association, or corporation, or any em17 ployee thereof, including a successor, appointed by the

18 agency head to conduct a foreclosure sale pursuant to

19 this subchapter;

20 ‘‘(7) ‘mortgage’ means a deed of trust, deed to se21 cure debt, security agreement, or any other form of

22 instrument under which any interest in real prop23 erty, including leaseholds, life estates, reversionary in24 terests, and any other estates under applicable law is

25 conveyed in trust, mortgaged, encumbered, pledged or
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1 otherwise rendered subject to a lien, for the purpose

2 of securing the payment of money or the performance

3 of any other obligation;

4 ‘‘(8) ‘of record’ means an interest recorded pur5 suant to Federal or State statutes that provide for of6 ficial recording of deeds, mortgages and judgments,

7 and that establish the effect of such records as notice

8 to creditors, purchasers, and other interested persons;

9 ‘‘(9) ‘owner’ means any person who has an own10 ership interest in property and includes heirs, devi11 sees, executors, administrators, and other personal

12 representatives, and trustees of testamentary trusts if

13 the owner of record is deceased;

14 ‘‘(10) ‘sale’ means a sale conducted pursuant to

15 this subchapter, unless the context requires otherwise;

16 and

17 ‘‘(11) ‘security property’ means real property, or

18 any interest in real property including leaseholds, life

19 estates, reversionary interests, and any other estates

20 under applicable State law that secure a mortgage.

21 ‘‘§ 3402. Rules of construction

22 ‘‘(a) IN GENERAL.—If an agency head elects to proceed

23 under this subchapter, this subchapter shall apply and the

24 provisions of this subchapter shall govern in the event of
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1 a conflict with any other provision of Federal law or State

2 law.

3 ‘‘(b) LIMITATION.—This subchapter shall not be con4 strued to supersede or modify the operation of—

5 ‘‘(1) the lease-back/buy-back provisions under

6 section 1985 of title 7, United States Code, or regula7 tions promulgated thereunder; or

8 ‘‘(2) The Multifamily Mortgage Foreclosure Act

9 of 1981 (chapter 38 of title 12, United States Code).

10 ‘‘(c) EFFECT ON OTHER LAWS.—This subchapter shall

11 not be construed to curtail or limit the rights of the United

12 States or any of its agencies—

13 ‘‘(1) to foreclose a mortgage under any other pro14 vision of Federal law or State law; or

15 ‘‘(2) to enforce any right under Federal law or

16 State law in lieu of or in addition to foreclosure, in17 cluding any right to obtain a monetary judgment.

18 ‘‘(d) APPLICATION TO MORTGAGES.—The provisions of

19 this subchapter may be used to foreclose any mortgage,

20 whether executed prior or subsequent to the effective date

21 of this subchapter.

22 ‘‘§ 3403. Election of procedure

23 ‘‘(a) SECURITY PROPERTY SUBJECT TO FORE24 CLOSURE.—An agency head may foreclose a mortgage upon

25 the breach of a covenant or condition in a debt instrument
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1 or mortgage for which acceleration or foreclosure is author2 ized. An agency head may not institute foreclosure proceed3 ings on the mortgage under any other provision of law, or

4 refer such mortgage for litigation, during the pendency of

5 foreclosure proceedings pursuant to this subchapter.

6 ‘‘(b) EFFECT OF CANCELLATION OF SALE.—If a fore7 closure sale is canceled pursuant to section 3407, the agency

8 head may thereafter foreclose on the security property in

9 any manner authorized by law.

10 ‘‘§ 3404. Designation of foreclosure trustee

11 ‘‘(a) IN GENERAL.—An agency head shall designate a

12 foreclosure trustee who shall supersede any trustee des13 ignated in the mortgage. A foreclosure trustee designated

14 under this section shall have a nonjudicial power of sale

15 pursuant to this subchapter.

16 ‘‘(b) DESIGNATION OF FORECLOSURE TRUSTEE.—

17 ‘‘(1) An agency head may designate as fore18 closure trustee—

19 ‘‘(A) an officer or employee of the agency;

20 ‘‘(B) an individual who is a resident of the

21 State in which the security property is located;

22 or

23 ‘‘(C) a partnership, association, or corpora24 tion, provided such entity is authorized to trans-
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1 act business under the laws of the State in which

2 the security property is located.

3 ‘‘(2) The agency head is authorized to enter into

4 personal services and other contracts not inconsistent

5 with this subchapter.

6 ‘‘(c) METHOD OF DESIGNATION.—An agency head

7 shall designate the foreclosure trustee in writing. The fore8 closure trustee may be designated by name, title, or posi9 tion. An agency head may designate one or more foreclosure

10 trustees for the purpose of proceeding with multiple fore11 closures or a class of foreclosures.

12 ‘‘(d) AVAILABILITY OF DESIGNATION.—An agency

13 head may designate such foreclosure trustees as the agency

14 head deems necessary to carry out the purposes of this sub15 chapter.

16 ‘‘(e) MULTIPLE FORECLOSURE TRUSTEES AUTHOR17 IZED.—An agency head may designate multiple foreclosure

18 trustees for different tracts of a secured property.

19 ‘‘(f) REMOVAL OF FORECLOSURE TRUSTEES; SUCCES20 SOR FORECLOSURE TRUSTEES.—An agency head may,

21 with or without cause or notice, remove a foreclosure trustee

22 and designate a successor trustee as provided in this section.

23 The foreclosure sale shall continue without prejudice not24 withstanding the removal of the foreclosure trustee and des25 ignation of a successor foreclosure trustee. Nothing in this
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1 section shall be construed to prohibit a successor foreclosure

2 trustee from postponing the foreclosure sale in accordance

3 with this subchapter.

4 ‘‘§ 3405. Notice of foreclosure sale; statute of limita5 tions

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) Not earlier than 21 days nor later than ten

8 years after acceleration of a debt instrument or de9 mand on a guaranty, the foreclosure trustee shall

10 serve a notice of foreclosure sale in accordance with

11 this subchapter.

12 ‘‘(2) For purposes of computing the time period

13 under paragraph (1), there shall be excluded all peri14 ods during which there is in effect—

15 ‘‘(A) a judicially imposed stay of fore16 closure; or

17 ‘‘(B) a stay imposed by section 362 of title

18 11, United States Code.

19 ‘‘(3) In the event of partial payment or written

20 acknowledgement of the debt after acceleration of the

21 debt instrument, the right to foreclosure shall be

22 deemed to accrue again at the time of each such pay23 ment or acknowledgement.

24 ‘‘(b) NOTICE OF FORECLOSURE SALE.—The notice of

25 foreclosure sale shall include—
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1 ‘‘(1) the name, title, and business address of the

2 foreclosure trustee as of the date of the notice;

3 ‘‘(2) the names of the original parties to the debt

4 instrument and the mortgage, and any assignees of

5 the mortgagor of record;

6 ‘‘(3) the street address or location of the security

7 property, and a generally accepted designation used

8 to describe the security property, or so much thereof

9 as is to be offered for sale, sufficient to identify the

10 property to be sold;

11 ‘‘(4) the date of the mortgage, the office in which

12 the mortgage is filed, and the location of the filing of

13 the mortgage;

14 ‘‘(5) the default or defaults upon which fore15 closure is based, and the date of the acceleration of the

16 debt instrument;

17 ‘‘(6) the date, time, and place of the foreclosure

18 sale;

19 ‘‘(7) a statement that the foreclosure is being

20 conducted in accordance with this subchapter;

21 ‘‘(8) the types of costs, if any, to be paid by the

22 purchaser upon transfer of title; and

23 ‘‘(9) the terms and conditions of sale, including

24 the method and time of payment of the foreclosure

25 purchase price.
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1 ‘‘§ 3406. Service of notice of foreclosure sale

2 ‘‘(a) RECORD NOTICE.—At least 21 days prior to the

3 date of the foreclosure sale, the notice of foreclosure sale re4 quired by section 3405 shall be filed in the manner author5 ized for filing a notice of an action concerning real property

6 according to the law of the State where the security property

7 is located or, if none, in the manner authorized by section

8 3201 of this chapter.

9 ‘‘(b) NOTICE BY MAIL.—

10 ‘‘(1) At least 21 days prior to the date of the

11 foreclosure sale, the notice set forth in section 3405

12 shall be sent by registered or certified mail, return re13 ceipt requested—

14 ‘‘(A) to the current owner of record of the

15 security property as the record appears on the

16 date that the notice of foreclosure sale is recorded

17 pursuant to subsection (a);

18 ‘‘(B) to all debtors, including the mortgagor,

19 assignees of the mortgagor and guarantors of the

20 debt instrument;

21 ‘‘(C) to all persons having liens, interests or

22 encumbrances of record upon the security prop23 erty, as the record appears on the date that the

24 notice of foreclosure sale is recorded pursuant to

25 subsection (a); and
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1 ‘‘(D) to any occupants of the security prop2 erty. If the names of the occupants of the security

3 property are not known to the agency, or the se4 curity property has more than one dwelling unit,

5 the notice shall be posted at the security prop6 erty.

7 ‘‘(2) The notice shall be sent to the debtor at the

8 address, if any, set forth in the debt instrument or

9 mortgage as the place to which notice is to be sent,

10 and if different, to the debtor’s last known address as

11 shown in the mortgage record of the agency. The no12 tice shall be sent to any person other than the debtor

13 to that person’s address of record or, if there is no ad14 dress of record, to any address at which the agency

15 in good faith believes the notice is likely to come to

16 that person’s attention.

17 ‘‘(3) Notice by mail pursuant to this subsection

18 shall be effective upon mailing.

19 ‘‘(c) NOTICE BY PUBLICATION.—The notice of the fore20 closure sale shall be published at least once a week for each

21 of three successive weeks prior to the sale in at least one

22 newspaper of general circulation in any county or counties

23 in which the security property is located. If there is no

24 newspaper published at least weekly that has a general cir25 culation in at least one county in which the security prop-
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1 erty is located, copies of the notice of foreclosure sale shall

2 instead be posted at least 21 days prior to the sale at the

3 courthouse of any county or counties in which the property

4 is located and the place where the sale is to be held.

5 ‘‘§ 3407. Cancellation of foreclosure sale

6 ‘‘(a) IN GENERAL.—At any time prior to the fore7 closure sale, the foreclosure trustee shall cancel the sale—

8 ‘‘(1) if the debtor or the holder of any subordi9 nate interest in the security property tenders the per10 formance due under the debt instrument and mort11 gage, including any amounts due because of the exer12 cise of the right to accelerate, and the expenses of pro13 ceeding to foreclosure incurred to the time of tender;

14 ‘‘(2) if the security property is a dwelling of four

15 units or fewer, and the debtor—

16 ‘‘(A) pays or tenders all sums which would

17 have been due at the time of tender in the ab18 sence of any acceleration;

19 ‘‘(B) performs any other obligation which

20 would have been required in the absence of any

21 acceleration; and

22 ‘‘(C) pays or tenders all costs of foreclosure

23 incurred for which payment from the proceeds of

24 the sale would be allowed; or
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1 ‘‘(3) for any reason approved by the agency

2 head.

3 ‘‘(b) LIMITATION.—The debtor may not, without the

4 approval of the agency head, cure the default under sub5 section (a)(2) if, within the preceding 12 months, the debtor

6 has cured a default after being served with a notice of fore7 closure sale pursuant to this subchapter.

8 ‘‘(c) NOTICE OF CANCELLATION.—The foreclosure

9 trustee shall file a notice of the cancellation in the same

10 place and manner provided for the filing of the notice of

11 foreclosure sale under section 3406(a).

12 ‘‘§ 3408. Stay

13 ‘‘If, prior to the time of sale, foreclosure proceedings

14 under this subchapter are stayed in any manner, including

15 the filing of bankruptcy, no person may thereafter cure the

16 default under the provisions of section 3407(a)(2). If the

17 default is not cured at the time a stay is terminated, the

18 foreclosure trustee shall proceed to sell the security property

19 as provided in this subchapter.

20 ‘‘§ 3409. Conduct of sale; postponement

21 ‘‘(a) SALE PROCEDURES.—Foreclosure sale pursuant

22 to this subchapter shall be at public auction and shall be

23 scheduled to begin at a time between the hours of 9:00 a.m.

24 and 4:00 p.m. local time. The foreclosure sale shall be held

25 at the location specified in the notice of foreclosure sale,
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1 which shall be a location where real estate foreclosure auc2 tions are customarily held in the county or one of the coun3 ties in which the property to be sold is located or at a court4 house therein, or upon the property to be sold. Sale of secu5 rity property situated in two or more counties may be held

6 in any one of the counties in which any part of the security

7 property is situated. The foreclosure trustee may designate

8 the order in which multiple tracts of security property are

9 sold.

10 ‘‘(b) BIDDING REQUIREMENTS.—Written one-price

11 sealed bids shall be accepted by the foreclosure trustee, if

12 submitted by the agency head or other persons for entry by

13 announcement by the foreclosure trustee at the sale. The

14 sealed bids shall be submitted in accordance with the terms

15 set forth in the notice of foreclosure sale. The agency head

16 or any other person may bid at the foreclosure sale, even

17 if the agency head or other person previously submitted a

18 written one-price bid. The agency head may bid a credit

19 against the debt due without the tender or payment of cash.

20 The foreclosure trustee may serve as auctioneer, or may em21 ploy an auctioneer who may be paid from the sale proceeds.

22 If an auctioneer is employed, the foreclosure trustee is not

23 required to attend the sale. The foreclosure trustee or an

24 auctioneer may bid as directed by the agency head.
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1 ‘‘(c) POSTPONEMENT OF SALE.—The foreclosure trust2 ee shall have discretion, prior to or at the time of sale, to

3 postpone the foreclosure sale. The foreclosure trustee may

4 postpone a sale to a later hour the same day by announcing

5 or posting the new time and place of the foreclosure sale

6 at the time and place originally scheduled for the foreclosure

7 sale. The foreclosure trustee may instead postpone the fore8 closure sale for not fewer than 9 nor more than 31 days,

9 by serving notice that the foreclosure sale has been post10 poned to a specified date, and the notice may include any

11 revisions the foreclosure trustee deems appropriate. The no12 tice shall be served by publication, mailing, and posting

13 in accordance with section 3406 (b) and (c), except that

14 publication may be made on any of three separate days

15 prior to the new date of the foreclosure sale, and mailing

16 may be made at any time at least 7 days prior to the new

17 date of the foreclosure sale.

18 ‘‘(d) LIABILITY OF SUCCESSFUL BIDDER WHO FAILS

19 TO COMPLY.—The foreclosure trustee may require a bidder

20 to make a cash deposit before the bid is accepted. The

21 amount or percentage of the cash deposit shall be stated by

22 the foreclosure trustee in the notice of foreclosure sale. A

23 successful bidder at the foreclosure sale who fails to comply

24 with the terms of the sale shall forfeit the cash deposit or,

25 at the election of the foreclosure trustee, shall be liable to
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1 the agency on a subsequent sale of the property for all net

2 losses incurred by the agency as a result of such failure.

3 ‘‘(e) EFFECT OF SALE.—Any foreclosure sale held in

4 accordance with this subchapter shall be conclusively pre5 sumed to have been conducted in a legal, fair, and commer6 cially reasonable manner. The sale price shall be conclu7 sively presumed to constitute the reasonably equivalent

8 value of the security property.

9 ‘‘§ 3410. Transfer of title and possession

10 ‘‘(a) DEED.—After receipt of the purchase price in ac11 cordance with the terms of the sale as provided in the notice

12 of foreclosure sale, the foreclosure trustee shall execute and

13 deliver to the purchaser a deed conveying the security prop14 erty to the purchaser that grants and conveys title to the

15 security property without warranty or covenants to the

16 purchaser. The execution of the foreclosure trustee’s deed

17 shall have the effect of conveying all of the right, title, and

18 interest in the security property covered by the mortgage.

19 Notwithstanding any other law to the contrary, the fore20 closure trustee’s deed shall be a conveyance of the security

21 property and not a quitclaim. No judicial proceeding shall

22 be required ancillary or supplementary to the procedures

23 provided in this subchapter to establish the validity of the

24 conveyance.
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1 ‘‘(b) DEATH OF PURCHASER PRIOR TO CONSUMMA2 TION OF SALE.—If a purchaser dies before execution and

3 delivery of the deed conveying the security property to the

4 purchaser, the foreclosure trustee shall execute and deliver

5 the deed to the representative of the purchaser’s estate upon

6 payment of the purchase price in accordance with the terms

7 of sale. Such delivery to the representative of the purchaser’s

8 estate shall have the same effect as if accomplished during

9 the lifetime of the purchaser.

10 ‘‘(c) PURCHASER CONSIDERED BONA FIDE PUR11 CHASER WITHOUT NOTICE.—The purchaser of property

12 under this subchapter shall be presumed to be a bona fide

13 purchaser without notice of defects, if any, in the title con14 veyed to the purchaser.

15 ‘‘(d) POSSESSION BY PURCHASER; CONTINUING IN16 TERESTS.—A purchaser at a foreclosure sale conducted pur17 suant to this subchapter shall be entitled to possession upon

18 passage of title to the security property, subject to any in19 terest or interests senior to that of the mortgage. The right

20 to possession of any person without an interest senior to

21 the mortgage who is in possession of the property shall ter22 minate immediately upon the passage of title to the security

23 property, and the person shall vacate the security property

24 immediately. The purchaser shall be entitled to take any
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1 steps available under Federal law or State law to obtain

2 possession.

3 ‘‘(e) RIGHT OF REDEMPTION; RIGHT OF POSSES4 SION.—This subchapter shall preempt all Federal and State

5 rights of redemption, statutory, or common law. Upon con6 clusion of the public auction of the security property, no

7 person shall have a right of redemption.

8 ‘‘(f) PROHIBITION OF IMPOSITION OF TAX ON CONVEY9 ANCE BY THE UNITED STATES OR AGENCY THEREOF.—No

10 tax, or fee in the nature of a tax, for the transfer of title

11 to the security property by the foreclosure trustee’s deed

12 shall be imposed upon or collected from the foreclosure trust13 ee or the purchaser by any State or political subdivision

14 thereof.

15 ‘‘§ 3411. Record of foreclosure and sale

16 ‘‘(a) RECITAL REQUIREMENTS.—The foreclosure trust17 ee shall recite in the deed to the purchaser, or in an adden18 dum to the foreclosure trustee’s deed, or shall prepare an

19 affidavit stating—

20 ‘‘(1) the date, time, and place of sale;

21 ‘‘(2) the date of the mortgage, the office in which

22 the mortgage is filed, and the location of the filing of

23 the mortgage;

24 ‘‘(3) the persons served with the notice of fore25 closure sale;
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1 ‘‘(4) the date and place of filing of the notice of

2 foreclosure sale under section 3406(a);

3 ‘‘(5) that the foreclosure was conducted in ac4 cordance with the provisions of this subchapter; and

5 ‘‘(6) the sale amount.

6 ‘‘(b) EFFECT OF RECITALS.—The recitals set forth in

7 subsection (a) shall be prima facie evidence of the truth of

8 such recitals. Compliance with the requirements of sub9 section (a) shall create a conclusive presumption of the va10 lidity of the sale in favor of bona fide purchasers and en11 cumbrancers for value without notice.

12 ‘‘(c) DEED TO BE ACCEPTED FOR FILING.—The reg13 ister of deeds or other appropriate official of the county or

14 counties where real estate deeds are regularly filed shall ac15 cept for filing and shall file the foreclosure trustee’s deed

16 and affidavit, if any, and any other instruments submitted

17 for filing in relation to the foreclosure of the security prop18 erty under this subchapter.

19 ‘‘§ 3412. Effect of sale

20 ‘‘A sale conducted under this subchapter to a bona fide

21 purchaser shall bar all claims upon the security property

22 by—

23 ‘‘(1) any person to whom the notice of foreclosure

24 sale was mailed as provided in this subchapter who

25 claims an interest in the property subordinate to that
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1 of the mortgage, and the heir, devisee, executor, ad2 ministrator, successor, or assignee claiming under

3 any such person;

4 ‘‘(2) any person claiming any interest in the

5 property subordinate to that of the mortgage, if such

6 person had actual knowledge of the sale;

7 ‘‘(3) any person so claiming, whose assignment,

8 mortgage, or other conveyance was not filed in the

9 proper place for filing, or whose judgment or decree

10 was not filed in the proper place for filing, prior to

11 the date of filing of the notice of foreclosure sale as

12 required by section 3406(a), and the heir, devisee, ex13 ecutor, administrator, successor, or assignee of such a

14 person; or

15 ‘‘(4) any other person claiming under a statu16 tory lien or encumbrance not required to be filed and

17 attaching to the title or interest of any person des18 ignated in any of the foregoing subsections of this sec19 tion.

20 ‘‘§ 3413. Disposition of sale proceeds

21 ‘‘(a) DISTRIBUTION OF SALE PROCEEDS.—The fore22 closure trustee shall distribute the proceeds of the foreclosure

23 sale in the following order—
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1 ‘‘(1)(A) to pay the commission of the foreclosure

2 trustee, other than an agency employee, the greater

3 of—

4 ‘‘(i) the sum of—

5 ‘‘(I) 3 percent of the first $1,000 col6 lected, plus

7 ‘‘(II) 1.5 percent on the excess of any

8 sum collected over $1,000; or

9 ‘‘(ii) $250; and

10 ‘‘(B) the amounts described in subparagraph

11 (A)(i) shall be computed on the gross proceeds of all

12 security property sold at a single sale;

13 ‘‘(2) to pay the expense of any auctioneer em14 ployed by the foreclosure trustee, if any, except that

15 the commission payable to the foreclosure trustee pur16 suant to paragraph (1) shall be reduced by the

17 amount paid to an auctioneer, unless the agency head

18 determines that such reduction would adversely affect

19 the ability of the agency head to retain qualified fore20 closure trustees or auctioneers;

21 ‘‘(3) to pay for the costs of foreclosure, includ22 ing—

23 ‘‘(A) reasonable and necessary advertising

24 costs and postage incurred in giving notice pur25 suant to section 3406;
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1 ‘‘(B) mileage for posting notices and for the

2 foreclosure trustee’s or auctioneer’s attendance at

3 the sale at the rate provided in section 1921 of

4 title 28, United States Code, for mileage by the

5 most reasonable road distance;

6 ‘‘(C) reasonable and necessary costs actually

7 incurred in connection with any search of title

8 and lien records; and

9 ‘‘(D) necessary costs incurred by the fore10 closure trustee to file documents;

11 ‘‘(4) to pay valid real property tax liens or as12 sessments, if required by the notice of foreclosure sale;

13 ‘‘(5) to pay any liens senior to the mortgage, if

14 required by the notice of foreclosure sale;

15 ‘‘(6) to pay service charges and advancements for

16 taxes, assessments, and property insurance premiums;

17 and

18 ‘‘(7) to pay late charges and other administra19 tive costs and the principal and interest balances se20 cured by the mortgage, including expenditures for the

21 necessary protection, preservation, and repair of the

22 security property as authorized under the debt instru23 ment or mortgage and interest thereon if provided for

24 in the debt instrument or mortgage, pursuant to the

25 agency’s procedure.
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1 ‘‘(b) INSUFFICIENT PROCEEDS.—In the event there are

2 no proceeds of sale or the proceeds are insufficient to pay

3 the costs and expenses set forth in subsection (a), the agency

4 head shall pay such costs and expenses as authorized by

5 applicable law.

6 ‘‘(c) SURPLUS MONIES.—

7 ‘‘(1) After making the payments required by sub8 section (a), the foreclosure trustee shall—

9 ‘‘(A) distribute any surplus to pay liens in

10 the order of priority under Federal law or the

11 law of the State where the security property is

12 located; and

13 ‘‘(B) pay to the person who was the owner

14 of record on the date the notice of foreclosure sale

15 was filed the balance, if any, after any payments

16 made pursuant to paragraph (1).

17 ‘‘(2) If the person to whom such surplus is to be

18 paid cannot be located, or if the surplus available is

19 insufficient to pay all claimants and the claimants

20 cannot agree on the distribution of the surplus, that

21 portion of the sale proceeds may be deposited by the

22 foreclosure trustee with an appropriate official au23 thorized under law to receive funds under such cir24 cumstances. If such a procedure for the deposit of dis25 puted funds is not available, and the foreclosure trust-
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1 ee files a bill of interpleader or is sued as a stake2 holder to determine entitlement to such funds, the

3 foreclosure trustee’s necessary costs in taking or de4 fending such action shall be deducted first from the

5 disputed funds.

6 ‘‘§ 3414. Deficiency judgment

7 ‘‘(a) IN GENERAL.—If after deducting the disburse8 ments described in section 3413, the price at which the secu9 rity property is sold at a foreclosure sale is insufficient to

10 pay the unpaid balance of the debt secured by the security

11 property, counsel for the United States may commence an

12 action or actions against any or all debtors to recover the

13 deficiency, unless specifically prohibited by the mortgage.

14 The United States is also entitled to recover any amount

15 authorized by section 3011 and costs of the action.

16 ‘‘(b) LIMITATION.—Any action commenced to recover

17 the deficiency shall be brought within 6 years of the last

18 sale of security property.

19 ‘‘(c) CREDITS.—The amount payable by a private

20 mortgage guaranty insurer shall be credited to the account

21 of the debtor prior to the commencement of an action for

22 any deficiency owed by the debtor. Nothing in this sub23 section shall curtail or limit the subrogation rights of a pri24 vate mortgage guaranty insurer.’’.
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1 SUBCHAPTER B—FAA GRANTS-IN-AID FOR AIRPORTS

2 FEDERAL AVIATION ADMINISTRATION GRANTS-IN-AID FOR

3 AIRPORTS

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (RESCISSION OF CONTRACT AUTHORITY)

6 Of the available contract authority balances under this

7 account, $48,000,000 are hereby rescinded, in addition to

8 any such sums otherwise rescinded by this Act.

9 TITLE VI—FOOD AND DRUG EXPORT

10 REFORM

11 SEC. 6001. SHORT TITLE, REFERENCE.

12 (a) SHORT TITLE.—This title may be cited as the

13 ‘‘FDA Export Reform and Enhancement Act of 1996’’.

14 (b) REFERENCE.—Wherever in this title (other than

15 in section 6004) an amendment or repeal is expressed in

16 terms of an amendment to, or repeal of, a section or other

17 provision, the reference shall be considered to be made to

18 a section or other provision of the Federal Food, Drug, and

19 Cosmetic Act. (21 U.S.C. 321 et seq.)

20 SEC. 6002. EXPORT OF DRUGS AND DEVICES.

21 (a) EXPORT AND IMPORTS.—Section 801 (21 U.S.C.

22 381) is amended—

23 (1) in subsection (d), by adding at the end there24 of the following new paragraphs:

25 ‘‘(3) No component, part, or accessory of a drug, bio26 logical product, or device, including a drug in bulk inform,
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1 shall be excluded from importation into the United States

2 under subsection (a) if—

3 ‘‘(A) the importer affirms at the time of initial

4 importation that such component, part, or accessory

5 is intended to be incorporated by the initial owner or

6 consignee into a drug, biological product, or device

7 that will be exported by such owner or consignee from

8 the United States in accordance with subsection

9 801(e) or section 802 of this Act or section 351(h) of

10 the Public Health Service Act;

11 ‘‘(B) the initial owner or consignee responsible

12 for such imported articles maintains records that

13 identify the use of such imported articles and upon

14 request of the Secretary submits a report that pro15 vides an accounting of the exportation or the disposi16 tion of the imported articles, including portions that

17 have been destroyed, and the manner in which such

18 person complied with the requirements of this para19 graph; and

20 ‘‘(C) any imported component, part or ac21 cessory not so incorporated is destroyed or ex22 ported by the owner or consignee.’’

23 ‘‘(4) The importation into the United States of blood,

24 blood components, source plasma, and source leukocytes, is

25 not permitted pursuant to paragraph (3) unless the impor-
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1 tation complies with section 351(a) of the Public Health

2 Service Act. The importation of tissue is not permitted pur3 suant to paragraph (3) unless the importation complies

4 with section 361 of the Public Health Service Act.’’;

5 (2) in subsection (e)(1), by striking the second

6 sentence;

7 (3) in subsection (e)(2)—

8 (A) by striking ‘‘the Secretary’’ and insert9 ing ‘‘either (i) the Secretary’’; and

10 (B) by inserting before the period at the end

11 thereof the following: ‘‘or (ii) the device is eligible

12 for export under section 802’’; and

13 (4) in subsection (e), by adding at the end thereof the

14 following new paragraph:;

15 ‘‘(3) A new animal drug that requires approval under

16 section 512 shall not be exported pursuant to paragraph

17 (1) if such drug has been banned in the United States.’’.

18 (b) EXPORT OF CERTAIN UNAPPROVED DRUGS AND

19 DEVICES.—Section 802 (21 U.S.C. 382) is amended to read

20 as follows:

21 ‘‘EXPORTS OF CERTAIN UNAPPROVED PRODUCTS

22 ‘‘SEC. 802. (a) A drug (including a biological product)

23 intended for human use or a device for human use—

24 ‘‘(1) which, in the case of a drug—

25 ‘‘(A)(i) requires approval by the Secretary

26 under section 505 before such drug may be intro-
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1 duced or delivered for introduction into inter2 state commerce; or

3 ‘‘(ii) requires licensing by the Secretary

4 under section 351 of the Public Health Service

5 Act or by the Secretary of Agriculture under the

6 Act of March 4, 1913 (known as the Virus-Serum

7 Toxin Act) before it may be introduced or deliv8 ered for introduction into interstate commerce;

9 and

10 ‘‘(B) does not have such approval or license,

11 is not exempt from such sections or Act, and is

12 introduced or delivered for introduction into

13 interstate commerce; or

14 ‘‘(2) which, in the case of a device—

15 ‘‘(A) does not comply with an applicable re16 quirement under section 514 or 515;

17 ‘‘(B) under section 520(g) is exempt from

18 either such section; or

19 ‘‘(C) is a banned device under section 516,

20 is adulterated, misbranded, and in violation of such sections

21 or Act unless the export of the drug or device is authorized

22 under subsection (b), (c), (d), or (e), or under section

23 801(e)(2). If a drug (including a biological product) or de24 vice described in paragraphs (1) and (2) may be exported

25 under subsection (b) and if an application for such drug
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1 or device under section 505 or 514 or section 351 of the

2 Public Health Service Act was disapproved, the Secretary

3 shall notify the appropriate public health official of the

4 country to which such drug will be exported of such dis5 approval.

6 ‘‘(b)(1) Except as otherwise provided in this section,

7 a drug (including a biological product) or device may be

8 exported to any country, if the drug or device complies with

9 the laws of that country and has valid marketing authoriza10 tion by the appropriate approval authority—

11 ‘‘(A) in Australia, Canada, Israel, Japan, New

12 Zealand, Switzerland, or South Africa; or

13 ‘‘(B) in the European Union or a country in the

14 European Economic Area (the countries in the Euro15 pean Union and the European Free Trade Associa16 tion) if the drug or device is marketed in that country

17 or the drug or device is authorized for general market18 ing in the European Economic Area.

19 ‘‘(2) The Secretary may designate an additional coun20 try or countries to be included in the list of countries de21 scribed in subparagraphs (A) and (B) of paragraph (1).

22 The Secretary shall not delegate the authority granted

23 under this paragraph.

24 ‘‘(3) An appropriate country official, manufacturer, or

25 exporter may request the Secretary to designate an addi-
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1 tional country or countries to be included in the list of

2 countries described in subparagraphs (A) and (B) of para3 graph (1) by submitting documentation to the Secretary in

4 support of such designation. Any person other than a coun5 try requesting such designation shall include along with the

6 request a letter from the country indicating the desire of

7 such country to be designated.

8 ‘‘(4) The Secretary shall designate a country or coun9 tries to be included in the list of countries described in sub10 paragraphs (A) and (B) of paragraph (1) if the Secretary

11 finds that the valid marketing authorization system in such

12 country or countries is equivalent to the systems in the

13 countries described in subparagraphs (A) and (B) of para14 graph (1).

15 ‘‘(c) A drug or device intended for investigational use

16 in any country described in subsection (b) may be exported

17 in accordance with the laws of that country and shall be

18 exempt from regulation under section 505(i) or 520(g).

19 ‘‘(d) A drug or device intended for formulation, filling,

20 packaging, labeling, or further processing in anticipation

21 of market authorization in any country described in para22 graph (1)(A) or (B) of subsection (b) may be exported to

23 those countries for use in accordance with the laws of that

24 country.
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1 ‘‘(e)(1) A drug (including a biological product) or de2 vice which is to be used in the prevention or treatment of

3 a tropical disease or other disease not prevalent in the Unit4 ed States and which does not otherwise qualify for export

5 under this section may, upon approval of an application

6 submitted under paragraph (2), be exported if—

7 ‘‘(A) the Secretary finds, based on credible sci8 entific evidence, including clinical investigations, that

9 the drug or device is safe and effective in the country

10 to which the drug or device is to be exported in the

11 prevention or treatment of a tropical disease or other

12 disease not prevalent in the United States in such

13 country;

14 ‘‘(B) the drug or device is manufactured, proc15 essed, packaged, and held in conformity with current

16 good manufacturing practice and is not adulterated

17 under subsection (a)(1), (a)(2)(A), (a)(3), (c), or (d)

18 of section 501;

19 ‘‘(C) the outside of the shipping package is la20 beled with the following statement: ‘This drug or de21 vice may be sold or offered for sale only in the follow22 ing countries: ’, the blank space being

23 filled with a list of the countries to which export of

24 the drug or device is authorized under this subsection;
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1 ‘‘(D) the drug or device is not the subject of a

2 notice by the Secretary or the Secretary of Agriculture

3 of a determination that the manufacture of the drug

4 or device in the United States for export to a country

5 is contrary to the public health and safety of the

6 United States; and

7 ‘‘(E) the requirements of subparagraphs (A)

8 through (D) of section 801(e)(1) have been met.

9 ‘‘(2) Any person may apply to have a drug or device

10 exported under paragraph (1). The application shall—

11 ‘‘(A) describe the drug or device to be exported;

12 ‘‘(B) list each country to which the drug or de13 vice is to be exported;

14 ‘‘(C) contain a certification by the applicant

15 that the drug or device will not be exported to a coun16 try for which the Secretary cannot make a finding de17 scribed in paragraph (1)(A);

18 ‘‘(D) identify the establishments in which the

19 drug or device is manufactured; and

20 ‘‘(E) demonstrate to the Secretary that the drug

21 or device meets the requirements of paragraph (1).

22 ‘‘(3) The holder of an approved application for the ex23 port of a drug or device under this subsection shall report

24 to the Secretary—
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1 ‘‘(A) the receipt of any information indicating

2 that the drug or device is being or may have been ex3 ported from a country for which the Secretary made

4 a finding under paragraph (1)(A) to a country for

5 which the Secretary cannot make such a finding; and

6 ‘‘(B) the receipt of any information indicating

7 any adverse reactions to such drug.

8 ‘‘(4)(A) If the Secretary determines that—

9 ‘‘(i) a drug or device for which an application

10 is approved under paragraph (2) does not continue to

11 meet the requirements of paragraph (1);

12 ‘‘(ii) the holder of such application has not made

13 the report required by paragraph (3); or

14 ‘‘(iii) the manufacture of such drug or device in

15 the United States for export is contrary to the public

16 health and safety of the United States and an appli17 cation for the export of such drug or device has been

18 approved under paragraph (2),

19 then before taking action against the holder of an applica20 tion for which a determination was made under clause (i),

21 (ii), or (iii), the Secretary shall notify the holder in writing

22 of the determination and provide the holder 30 days to take

23 such action as may be required to prevent the Secretary

24 from taking action against the holder under this subpara25 graph. If the Secretary takes action against such holder be-
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1 cause of such a determination, the Secretary shall provide

2 the holder a written statement specifying the reasons for

3 such determination and provide the holder, on request, an

4 opportunity for an informal hearing with respect to such

5 determination.

6 ‘‘(B) If at any time the Secretary, or in the absence

7 of the Secretary, the official designated to act on behalf of

8 the Secretary, determines that—

9 ‘‘(i) the holder of an approved application under

10 paragraph (2) is exporting a drug or device from the

11 United States to an importer;

12 ‘‘(ii) such importer is exporting the drug or de13 vice to a country for which the Secretary cannot make

14 a finding under paragraph (1)(A); and

15 ‘‘(iii) such export presents an imminent hazard

16 to the public health in such country,

17 the Secretary shall immediately prohibit the export of the

18 drug or device to such importer, provide the person export19 ing the drug or device from the United States prompt notice

20 of the determination, and afford such person an oppor21 tunity for an expedited hearing. A determination by the

22 Secretary under this subparagraph may not be stayed pend23 ing final action by a reviewing court. The authority con24 ferred by this subparagraph shall not be delegated by the

25 Secretary.
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1 ‘‘(C) If the Secretary, or in the absence of the Sec2 retary, the official designated to act on behalf of the Sec3 retary, determines that the holder of an approved applica4 tion under paragraph (2) is exporting a drug or device to

5 a country for which the Secretary cannot make a finding

6 under paragraph (1)(A), and that the export of the drug

7 or device presents an imminent hazard, the Secretary shall

8 immediately prohibit the export of the drug or device to

9 such country, give the holder prompt notice of the deter10 mination, and afford the holder an opportunity for an expe11 dited hearing. A determination by the Secretary under this

12 subparagraph may not be stayed pending final action by

13 a reviewing court. The authority conferred by this subpara14 graph shall not be delegated by the Secretary.

15 ‘‘(D) If the Secretary receives credible evidence that the

16 holder of an application approved under paragraph (2) is

17 exporting a drug or device to a country for which the Sec18 retary cannot make a finding under paragraph (1)(A), the

19 Secretary shall give the holder 60 days to provide informa20 tion to the Secretary respecting such evidence and shall pro21 vide the holder an opportunity for an informal hearing on

22 such evidence. Upon the expiration of such 60 days, the Sec23 retary shall prohibit the export of such drug or device to

24 such country if the Secretary determines the holder is ex-
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1 porting the drug or device to a country for which the Sec2 retary cannot make a finding under paragraph (1)(A).

3 ‘‘(E) If the Secretary receives credible evidence that an

4 importer is exporting a drug or device to a country for

5 which the Secretary cannot make a finding under para6 graph (1)(A), the Secretary shall notify the holder of the

7 application authorizing the export of such drug or device

8 of such evidence and shall require the holder to investigate

9 the export by such importer and to report to the Secretary

10 within 14 days of the receipt of such notice the findings

11 of the holder. If the Secretary determines that the importer

12 has exported a drug or device to such a country, the Sec13 retary shall prohibit such holder from exporting such drug

14 or device to the importer unless the Secretary determines

15 that the export by the importer was unintentional.

16 ‘‘(f) A drug or device may not be exported under this

17 section if—

18 ‘‘(1) the drug or device is not manufactured,

19 processed, packaged, and held in conformity with cur20 rent good manufacturing practice or is adulterated

21 under paragraph (1), (2)(A), or (3) of section 501(a)

22 or subsection (c) or (d) of section 501;

23 ‘‘(2) the requirements of subparagraphs (A)

24 through (D) of section 801(e)(1) have not been met;
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1 ‘‘(3)(A) the drug or device is the subject of a no2 tice by the Secretary or the Secretary of Agriculture

3 of a determination that the possibility of

4 reimportation of the exported drug or device would

5 present an imminent hazard to the public health and

6 safety of the United States and the only means of lim7 iting the hazard is to prohibit the export of the drug

8 or device;

9 ‘‘(B) the drug or device presents an imminent

10 hazard to the public health of the country to which

11 the drug or device would be exported; or

12 ‘‘(4) the drug or device is not labeled or pro13 moted—

14 ‘‘(A) in accordance with the requirements

15 and conditions for use in—

16 ‘‘(i) the country in which the drug or

17 device received a valid marketing authoriza18 tion under subsection (b)(2); and

19 ‘‘(ii) the country to which the drug or

20 device would be exported; and

21 ‘‘(B) in the language of the country or des22 ignated by the country to which the drug or de23 vice would be exported.

24 ‘‘In making a finding under paragraph (3)(B), the Sec25 retary shall, to the maximum extent possible, consult with
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1 the appropriate public health official in the affected coun2 try.

3 ‘‘(g) The exporter of a drug or device exported under

4 this section shall provide a simple notification to the Sec5 retary when the exporter first begins to export such drug

6 or device to a country and shall maintain records of all

7 products exported pursuant to this section.

8 ‘‘(h) For purposes of this section—

9 (1) a reference to the Secretary shall in the case

10 of a biological product which is required to be licensed

11 under the Act of March 4, 1913 (37 Stat. 832-833)

12 (commonly known as the Virus-Serum Toxin Act) be

13 considered to be a reference to the Secretary of Agri14 culture, and

15 (2) the term ‘‘drug’’ includes drugs for human

16 use as well as biologicals under section 351 of the

17 Public Health Service Act or the Act of March 4, 1913

18 (37 Stat. 832-833) (commonly known as the Virus19 Serum Toxin Act).’’

20 SEC. 6003. PROHIBITED ACT.

21 Section 301 (21 U.S.C. 331) is amended—

22 (1) by redesignating the second subsection (u) as

23 subsection (v); and

24 (2) by adding at the end thereof the following

25 new subsection:
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1 ‘‘(w)(1) The failure to maintain records as required

2 by section 801(d)(3), the making of a knowing false state3 ment in any record or report required or requested under

4 section 801(d)(3), the release into interstate commerce of

5 any article imported into the United States under section

6 801(d)(3) or any finished product made from such article

7 (except for export in accordance with subsection 801(e) or

8 section 802 of the Act or section 351(h) of the Public Health

9 Service Act), or the failure to export or destroy any compo10 nent, part or accessory not incorporated into a drug, bio11 logical product or device that will be exported in accordance

12 with subsection 801(e) or section 802 of this Act or section

13 351(h) of the Public Health Service Act.’’

14 SEC. 6004. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.

15 Subsection (h) of section 351 of the Public Health

16 Service Act (42 U.S.C. 262) is amended to read as follows:

17 ‘‘(h) A partially processed biological product which—

18 ‘‘(1) is not in a form applicable to the preven19 tion, treatment, or cure of diseases or injuries of man;

20 ‘‘(2) is not intended for sale in the United

21 States; and

22 ‘‘(3) is intended for further manufacture into

23 final dosage form outside the United States,

24 shall be subject to no restriction on the export of the product

25 under this Act or the Federal Food, Drug, and Cosmetic
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1 Act (21 U.S.C. 321 et seq.) if the product is manufactured,

2 processed, packaged, and held in conformity with current

3 good manufacturing practice and meets the requirements in

4 section 801(e)(1) of the Federal Food, Drug, and Cosmetic

5 Act (21 U.S.C. 381(e)).’’.

6 This Act may be cited as the ‘‘Omnibus Consolidated

7 Rescissions and Appropriations Act of 1996’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3019

AMENDMENT