I

104TH CONGRESS

2D SESSION H. R. 3019

Making appropriations for fiscal year 1996 to make a further downpayment

toward a balanced budget, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1996

Mr. LIVINGSTON introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

Making appropriations for fiscal year 1996 to make a further

downpayment toward a balanced budget, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, and

5 out of applicable corporate or other revenues, receipts, and

6 funds, for the several departments, agencies, corpora7 tions,and other organizational units of Government for the

8 fiscal year 1996, and for other purposes, namely:
2

HR 3019 IH

1 TITLE I

2 CONTINUING APPROPRIATIONS

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

4 programs, projects or activities provided for in the Depart5 ments of Commerce, Justice, and State, the Judiciary, and

6 Related Agencies Appropriations Act, 1996, at a rate of

7 operations and to the extent and in the manner provided

8 for, the provisions of such Act to be effective as if it had

9 been enacted into law as the regular appropriations Act,

10 as follows:

11 AN ACT

12 Making appropriations for the Departments of Com13 merce, Justice, and State, the Judiciary, and related agen14 cies for the fiscal year ending September 30, 1996, and

15 for other purposes.

16 TITLE I—DEPARTMENT OF JUSTICE

17 GENERAL ADMINISTRATION

18 SALARIES AND EXPENSES

19 For expenses necessary for the administration of the

20 Department of Justice, $74,282,000; including not to ex21 ceed $3,317,000 for the Facilities Program 2000, and in22 cluding $5,000,000 for management and oversight of Im23 migration and Naturalization Service activities, both sums

24 to remain available until expended: Provided, That not to

25 exceed 45 permanent positions and 51 full-time equivalent
3

HR 3019 IH

1 workyears and $7,477,000 shall be expended for the De2 partment Leadership Program only for the Offices of the

3 Attorney General and the Deputy Attorney General, exclu4 sive of augmentation that occurred in these offices in fiscal

5 year 1995: Provided further, That not to exceed 76 perma6 nent positions and 90 full-time equivalent workyears and

7 $9,487,000 shall be expended for the Offices of Legislative

8 Affairs, Public Affairs and Policy Development: Provided

9 further, That the latter three aforementioned offices shall

10 not be augmented by personnel details, temporary trans11 fers of personnel on either a reimbursable or non-reim12 bursable basis or any other type of formal or informal

13 transfer or reimbursement of personnel or funds on either

14 a temporary or long-term basis.

15 COUNTERTERRORISM FUND

16 For necessary expenses, as determined by the Attor17 ney General, $16,898,000, to remain available until ex18 pended, to reimburse any Department of Justice organiza19 tion for (1) the costs incurred in reestablishing the oper20 ational capability of an office or facility which has been

21 damaged or destroyed as a result of the bombing of the

22 Alfred P. Murrah Federal Building in Oklahoma City or

23 any domestic or international terrorist incident, (2) the

24 costs of providing support to counter, investigate or pros25 ecute domestic or international terrorism, including pay26 ment of rewards in connection with these activities, and
4

HR 3019 IH

1 (3) the costs of conducting a terrorism threat assessment

2 of Federal agencies and their facilities: Provided, That

3 funds provided under this section shall be available only

4 after the Attorney General notifies the Committees on Ap5 propriations of the House of Representatives and the Sen6 ate in accordance with section 605 of this Act.

7 ADMINISTRATIVE REVIEW AND APPEALS

8 For expenses necessary for the administration of par9 don and clemency petitions and immigration related activi10 ties, $38,886,000: Provided, That the obligated and unob11 ligated balances of funds previously appropriated to the

12 General Administration, Salaries and Expenses appropria13 tion for the Executive Office for Immigration Review and

14 the Office of the Pardon Attorney shall be merged with

15 this appropriation.

16 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

17 REVIEW AND APPEALS

18 For activities authorized by sections 130005 and

19 130007 of Public Law 103–322, $47,780,000, to remain

20 available until expended, which shall be derived from the

21 Violent Crime Reduction Trust Fund: Provided, That the

22 obligated and unobligated balances of funds previously ap23 propriated to the General Administration, Salaries and

24 Expenses appropriation under title VIII of Public Law

25 103–317 for the Executive Office for Immigration Review

26 shall be merged with this appropriation.
5

HR 3019 IH

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $28,960,000; including

5 not to exceed $10,000 to meet unforeseen emergencies of

6 a confidential character, to be expended under the direc7 tion of, and to be accounted for solely under the certificate

8 of, the Attorney General; and for the acquisition, lease,

9 maintenance and operation of motor vehicles without re10 gard to the general purchase price limitation.

11 UNITED STATES PAROLE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States Parole

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

15 LEGAL ACTIVITIES

16 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary for the legal activities of the

19 Department of Justice, not otherwise provided for, includ20 ing not to exceed $20,000 for expenses of collecting evi21 dence, to be expended under the direction of, and to be

22 accounted for solely under the certificate of, the Attorney

23 General; and rent of private or Government-owned space

24 in the District of Columbia; $401,929,000; of which not

25 to exceed $10,000,000 for litigation support contracts

26 shall remain available until expended: Provided, That of
6

HR 3019 IH

1 the funds available in this appropriation, not to exceed

2 $22,618,000 shall remain available until expended for of3 fice automation systems for the legal divisions covered by

4 this appropriation, and for the United States Attorneys,

5 the Antitrust Division, and offices funded through ‘‘Sala6 ries and Expenses’’, General Administration: Provided fur7 ther, That of the total amount appropriated, not to exceed

8 $1,000 shall be available to the United States National

9 Central Bureau, INTERPOL, for official reception and

10 representation expenses: Provided further, That notwith11 standing 31 U.S.C. 1342, the Attorney General may ac12 cept on behalf of the United States and credit to this ap13 propriation, gifts of money, personal property and serv14 ices, for the purpose of hosting the International Criminal

15 Police Organization’s (INTERPOL) American Regional

16 Conference in the United States during fiscal year 1996.

17 In addition, for reimbursement of expenses of the De18 partment of Justice associated with processing cases

19 under the National Childhood Vaccine Injury Act of 1986,

20 not to exceed $4,028,000, to be appropriated from the

21 Vaccine Injury Compensation Trust Fund, as authorized

22 by section 6601 of the Omnibus Budget Reconciliation

23 Act, 1989, as amended by Public Law 101–512 (104 Stat.

24 1289).
7

HR 3019 IH

1 In addition, for Salaries and Expenses, General Legal

2 Activities, $12,000,000 shall be made available to be de3 rived by transfer from unobligated balances of the Work4 ing Capital Fund in the Department of Justice.

5 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

6 ACTIVITIES

7 For the expeditious deportation of denied asylum ap8 plicants, as authorized by section 130005 of Public Law

9 103–322, $7,591,000, to remain available until expended,

10 which shall be derived from the Violent Crime Reduction

11 Trust Fund.

12 SALARIES AND EXPENSES, ANTITRUST DIVISION

13 For expenses necessary for the enforcement of anti14 trust and kindered laws, $65,783,000: Provided, That not15 withstanding any other provision of law, not to exceed

16 $48,262,000 of offsetting collections derived from fees col17 lected for premerger notification filings under the Hart18 Scott-Rodino Antitrust Improvements Act of 1976 (15

19 U.S.C. 18(a)) shall be retained and used for necessary ex20 penses in this appropriation, and shall remain available

21 until expended: Provided further, That the sum herein ap22 propriated from the General Fund shall be reduced as

23 such offsetting collections are received during fiscal year

24 1996, so as to result in a final fiscal year 1996 appropria25 tion from the General Fund estimated at not more than

26 $17,521,000: Provided further, That any fees received in
8

HR 3019 IH

1 excess of $48,262,000 in fiscal year 1996, shall remain

2 available until expended, but shall not be available for obli3 gation until October 1, 1996.

4 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

5 For necessary expenses of the Office of the United

6 States Attorneys, including intergovernmental agree7 ments, $895,509,000, of which not to exceed $2,500,000

8 shall be available until September 30, 1997 for the pur9 poses of (1) providing training of personnel of the Depart10 ment of Justice in debt collection, (2) providing services

11 to the Department of Justice related to locating debtors

12 and their property, such as title searches, debtor

13 skiptracing, asset searches, credit reports and other inves14 tigations, (3) paying the costs of the Department of Jus15 tice for the sale of property not covered by the sale pro16 ceeds, such as auctioneers’ fees and expenses, maintenance

17 and protection of property and businesses, advertising and

18 title search and surveying costs, and (4) paying the costs

19 of processing and tracking debts owed to the United

20 States Government: Provided, That of the total amount

21 appropriated, not to exceed $8,000 shall be available for

22 official reception and representation expenses: Provided

23 further, That not to exceed $10,000,000 of those funds

24 available for automated litigation support contracts and

25 $4,000,000 for security equipment shall remain available

26 until expended: Provided further, That in addition to reim-
9

HR 3019 IH

1 bursable full-time equivalent workyears available to the

2 Office of the United States Attorneys, not to exceed 8,595

3 positions and 8,862 full-time equivalent workyears shall

4 be supported from the funds appropriated in this Act for

5 the United States Attorneys.

6 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

7 ATTORNEYS

8 For activities authorized by sections 190001(d),

9 40114 and 130005 of Public Law 103–322, $30,000,000,

10 to remain available until expended, which shall be derived

11 from the Violent Crime Reduction Trust Fund, of which

12 $20,269,000 shall be available to help meet increased de13 mands for litigation and related activities, $500,000 to im14 plement a program to appoint additional Federal Victim’s

15 Counselors, and $9,231,000 for expeditious deportation of

16 denied asylum applicants.

17 UNITED STATES TRUSTEE SYSTEM FUND

18 For necessary expenses of the United States Trustee

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

20 589a(a), to remain available until expended, for activities

21 authorized by section 115 of the Bankruptcy Judges,

22 United States Trustees, and Family Farmer Bankruptcy

23 Act of 1986 (Public Law 99–554), which shall be derived

24 from the United States Trustee System Fund: Provided,

25 That deposits to the Fund are available in such amounts

26 as may be necessary to pay refunds due depositors: Pro-
10

HR 3019 IH

1 vided further, That, notwithstanding any other provision

2 of law, not to exceed $44,191,000 of offsetting collections

3 derived from fees collected pursuant to section 589a(f) of

4 title 28, United States Code, as amended, shall be retained

5 and used for necessary expenses in this appropriation:

6 Provided further, That the $102,390,000 herein appro7 priated from the United States Trustee System Fund shall

8 be reduced as such offsetting collections are received dur9 ing fiscal year 1996, so as to result in a final fiscal year

10 1996 appropriation from such Fund estimated at not more

11 than $58,199,000: Provided further, That any of the afore12 mentioned fees collected in excess of $44,191,000 in fiscal

13 year 1996 shall remain available until expended, but shall

14 not be available for obligation until October 1, 1996.

15 SALARIES AND EXPENSES, FOREIGN CLAIMS

16 SETTLEMENT COMMISSION

17 For expenses necessary to carry out the activities of

18 the Foreign Claims Settlement Commission, including

19 services as authorized by 5 U.S.C. 3109, $830,000.

20 SALARIES AND EXPENSES, UNITED STATES MARSHALS

21 SERVICE

22 For necessary expenses of the United States Mar23 shals Service; including the acquisition, lease, mainte24 nance, and operation of vehicles and aircraft, and the pur25 chase of passenger motor vehicles for police-type use with26 out regard to the general purchase price limitation for the
11

HR 3019 IH

1 current fiscal year; $423,248,000, as authorized by 28

2 U.S.C. 561(i), of which not to exceed $6,000 shall be

3 available for official reception and representation ex4 penses.

5 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

6 MARSHALS SERVICE

7 For activities authorized by section 190001(b) of

8 Public Law 103–322, $25,000,000, to remain available

9 until expended, which shall be derived from the Violent

10 Crime Reduction Trust Fund.

11 FEDERAL PRISONER DETENTION

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses related to United States prisoners in

14 the custody of the United States Marshals Service as au15 thorized in 18 U.S.C. 4013, but not including expenses

16 otherwise provided for in appropriations available to the

17 Attorney General; $252,820,000, as authorized by 28

18 U.S.C. 561(i), to remain available until expended.

19 In addition, for Federal Prisoner Detention,

20 $9,000,000 shall be made available until expended to be

21 derived by transfer from unobligated balances of the

22 Working Capital Fund in the Department of Justice.

23 FEES AND EXPENSES OF WITNESSES

24 For expenses, mileage, compensation, and per diems

25 of witnesses, for expenses of contracts for the procurement

26 and supervision of expert witnesses, for private counsel ex-
12

HR 3019 IH

1 penses, and for per diems in lieu of subsistence, as author2 ized by law, including advances, $85,000,000, to remain

3 available until expended; of which not to exceed

4 $4,750,000 may be made available for planning, construc5 tion, renovations, maintenance, remodeling, and repair of

6 buildings and the purchase of equipment incident thereto

7 for protected witness safesites; of which not to exceed

8 $1,000,000 may be made available for the purchase and

9 maintenance of armored vehicles for transportation of pro10 tected witnesses; and of which not to exceed $4,000,000

11 may be made available for the purchase, installation and

12 maintenance of a secure automated information network

13 to store and retrieve the identities and locations of pro14 tected witnesses.

15 SALARIES AND EXPENSES, COMMUNITY RELATIONS

16 SERVICE

17 For necessary expenses of the Community Relations

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

19 1964, $5,319,000.

20 ASSETS FORFEITURE FUND

21 For expenses authorized by 28 U.S.C.

22 524(c)(1)(A)(ii), (B), (C), (F), and (G), as amended,

23 $30,000,000 to be derived from the Department of Justice

24 Assets Forfeiture Fund.
13

HR 3019 IH

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

7 TRUST FUND

8 For payments to the Radiation Exposure Compensa9 tion Trust Fund, $16,264,000, to become available on Oc10 tober 1, 1996.

11 INTERAGENCY LAW ENFORCEMENT

12 INTERAGENCY CRIME AND DRUG ENFORCEMENT

13 For necessary expenses for the detection, investiga14 tion, and prosecution of individuals involved in organized

15 crime drug trafficking not otherwise provided for, to in16 clude intergovernmental agreements with State and local

17 law enforcement agencies engaged in the investigation and

18 prosecution of individuals involved in organized crime drug

19 trafficking, $359,843,000, of which $50,000,000 shall re20 main available until expended: Provided, That any

21 amounts obligated from appropriations under this heading

22 may be used under authorities available to the organiza23 tions reimbursed from this appropriation: Provided fur24 ther, That any unobligated balances remaining available

25 at the end of the fiscal year shall revert to the Attorney

26 General for reallocation among participating organizations
14

HR 3019 IH

1 in succeeding fiscal years, subject to the reprogramming

2 procedures described in section 605 of this Act.

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary for detection, investigation,

7 and prosecution of crimes against the United States; in8 cluding purchase for police-type use of not to exceed 1,815

9 passenger motor vehicles of which 1,300 will be for re10 placement only, without regard to the general purchase

11 price limitation for the current fiscal year, and hire of pas12 senger motor vehicles; acquisition, lease, maintenance and

13 operation of aircraft; and not to exceed $70,000 to meet

14 unforeseen emergencies of a confidential character, to be

15 expended under the direction of, and to be accounted for

16 solely under the certificate of, the Attorney General;

17 $2,189,183,000, of which not to exceed $50,000,000 for

18 automated data processing and telecommunications and

19 technical investigative equipment and $1,000,000 for un20 dercover operations shall remain available until September

21 30, 1997; of which not less than $102,345,000 shall be

22 for counterterrorism investigations, foreign counterintel23 ligence, and other activities related to our national secu24 rity; of which not to exceed $98,400,000 shall remain

25 available until expended; of which not to exceed

26 $10,000,000 is authorized to be made available for making
15

HR 3019 IH

1 payments or advances for expenses arising out of contrac2 tual or reimbursable agreements with State and local law

3 enforcement agencies while engaged in cooperative activi4 ties related to violent crime, terrorism, organized crime,

5 and drug investigations; and of which $1,500,000 shall be

6 available to maintain an independent program office dedi7 cated solely to the relocation of the Criminal Justice Infor8 mation Services Division and the automation of finger9 print identification services: Provided, That not to exceed

10 $45,000 shall be available for official reception and rep11 resentation expenses: Provided further, That $58,000,000

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

13 than $35,000,000 shall be derived from ADP and Tele14 communications unobligated balances, and of which

15 $22,000,000 shall be derived by transfer and available

16 until expended from unobligated balances in the Working

17 Capital Fund of the Department of Justice.

18 VIOLENT CRIME REDUCTION PROGRAMS

19 For activities authorized by Public Law 103–322,

20 $218,300,000, to remain available until expended, which

21 shall be derived from the Violent Crime Reduction Trust

22 Fund, of which $208,800,000 shall be for activities au23 thorized by section 190001(c); $4,000,000 for Training

24 and Investigative Assistance authorized by section

25 210501(c)(2); and $5,500,000 for establishing DNA qual26 ity assurance and proficiency testing standards, establish-
16

HR 3019 IH

1 ing an index to facilitate law enforcement exchange of

2 DNA identification information, and related activities au3 thorized by section 210306.

4 CONSTRUCTION

5 For necessary expenses to construct or acquire build6 ings and sites by purchase, or as otherwise authorized by

7 law (including equipment for such buildings); conversion

8 and extension of federally-owned buildings; and prelimi9 nary planning and design of projects; $97,589,000, to re10 main available until expended.

11 DRUG ENFORCEMENT ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Drug Enforcement Ad14 ministration, including not to exceed $70,000 to meet un15 foreseen emergencies of a confidential character, to be ex16 pended under the direction of, and to be accounted for

17 solely under the certificate of, the Attorney General; ex18 penses for conducting drug education and training pro19 grams, including travel and related expenses for partici20 pants in such programs and the distribution of items of

21 token value that promote the goals of such programs; pur22 chase of not to exceed 1,208 passenger motor vehicles, of

23 which 1,178 will be for replacement only, for police-type

24 use without regard to the general purchase price limitation

25 for the current fiscal year; and acquisition, lease, mainte26 nance, and operation of aircraft; $745,668,000, of which
17

HR 3019 IH

1 not to exceed $1,800,000 for research and $15,000,000

2 for transfer to the Drug Diversion Control Fee Account

3 for operating expenses shall remain available until ex4 pended, and of which not to exceed $4,000,000 for pur5 chase of evidence and payments for information, not to

6 exceed $4,000,000 for contracting for ADP and tele7 communications equipment, and not to exceed $2,000,000

8 for technical and laboratory equipment shall remain avail9 able until September 30, 1997, and of which not to exceed

10 $50,000 shall be available for official reception and rep11 resentation expenses.

12 VIOLENT CRIME REDUCTION PROGRAMS

13 For activities authorized by sections 180104 and

14 190001(b) of Public Law 103–322, $60,000,000, to re15 main available until expended, which shall be derived from

16 the Violent Crime Reduction Trust Fund.

17 IMMIGRATION AND NATURALIZATION SERVICE

18 SALARIES AND EXPENSES

19 For expenses, not otherwise provided for, necessary

20 for the administration and enforcement of the laws relat21 ing to immigration, naturalization, and alien registration,

22 including not to exceed $50,000 to meet unforeseen emer23 gencies of a confidential character, to be expended under

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

25 certificate of, the Attorney General; purchase for police26 type use (not to exceed 813 of which 177 are for replace-
18

HR 3019 IH

1 ment only) without regard to the general purchase price

2 limitation for the current fiscal year, and hire of passenger

3 motor vehicles; acquisition, lease, maintenance and oper4 ation of aircraft; and research related to immigration en5 forcement; $1,394,825,000, of which $36,300,000 shall

6 remain available until September 30, 1997; of which

7 $506,800,000 is available for the Border Patrol; of which

8 not to exceed $400,000 for research shall remain available

9 until expended; and of which not to exceed $10,000,000

10 shall be available for costs associated with the training

11 program for basic officer training: Provided, That none

12 of the funds available to the Immigration and Naturaliza13 tion Service shall be available for administrative expenses

14 to pay any employee overtime pay in an amount in excess

15 of $25,000 during the calendar year beginning January

16 1, 1996: Provided further, That uniforms may be pur17 chased without regard to the general purchase price limi18 tation for the current fiscal year: Provided further, That

19 not to exceed $5,000 shall be available for official recep20 tion and representation expenses: Provided further, That

21 the Attorney General may transfer to the Department of

22 Labor and the Social Security Administration not to ex23 ceed $10,000,000 for programs to verify the immigration

24 status of persons seeking employment in the United

25 States: Provided further, That none of the funds provided
19

HR 3019 IH

1 in this or any other Act shall be used for the continued

2 operation of the San Clemente and Temecula checkpoints

3 unless: (1) the checkpoints are open and traffic is being

4 checked on a continuous 24-hour basis and (2) the Immi5 gration and Naturalization Service undertakes a com6 muter lane facilitation pilot program at the San Clemente

7 checkpoint within 90 days of enactment of this Act: Pro8 vided further, That the Immigration and Naturalization

9 Service shall undertake the renovation and improvement

10 of the San Clemente checkpoint, to include the addition

11 of two to four lanes, and which shall be exempt from Fed12 eral procurement regulations for contract formation, from

13 within existing balances in the Immigration and Natu14 ralization Service Construction account: Provided further,

15 That if renovation of the San Clemente checkpoint is not

16 completed by July 1, 1996, the San Clemente checkpoint

17 will close until such time as the renovations and improve18 ments are completed unless funds for the continued oper19 ation of the checkpoint are provided and made available

20 for obligation and expenditure in accordance with proce21 dures set forth in section 605 of this Act, as the result

22 of certification by the Attorney General that exigent cir23 cumstances require the checkpoint to be open and delays

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

25 actions that are or have been in the control of the Depart-
20

HR 3019 IH

1 ment of Justice: Provided further, That the Office of Pub2 lic Affairs at the Immigration and Naturalization Service

3 shall conduct its business in areas only relating to its

4 central mission, including: research, analysis, and dissemi5 nation of information, through the media and other com6 munications outlets, relating to the activities of the Immi7 gration and Naturalization Service: Provided further, That

8 the Office of Congressional Relations at the Immigration

9 and Naturalization Service shall conduct business in areas

10 only relating to its central mission, including: providing

11 services to Members of Congress relating to constituent

12 inquiries and requests for information; and working with

13 the relevant congressional committees on proposed legisla14 tion affecting immigration matters: Provided further, That

15 in addition to amounts otherwise made available in this

16 title to the Attorney General, the Attorney General is au17 thorized to accept and utilize, on behalf of the United

18 States, the $100,000 Innovation in American Government

19 Award for 1995 from the Ford Foundation for the Immi20 gration and Naturalization Service’s Operation Jobs pro21 gram.

22 VIOLENT CRIME REDUCTION PROGRAMS

23 For activities authorized by sections 130005,

24 130006, and 130007 of Public Law 103–322,

25 $316,198,000, to remain available until expended, which

26 will be derived from the Violent Crime Reduction Trust
21

HR 3019 IH

1 Fund, of which $38,704,000 shall be for expeditious de2 portation of denied asylum applicants, $231,570,000 for

3 improving border controls, and $45,924,000 for expanded

4 special deportation proceedings: Provided, That of the

5 amounts made available, $75,765,000 shall be for the Bor6 der Patrol.

7 CONSTRUCTION

8 For planning, construction, renovation, equipping

9 and maintenance of buildings and facilities necessary for

10 the administration and enforcement of the laws relating

11 to immigration, naturalization, and alien registration, not

12 otherwise provided for, $25,000,000, to remain available

13 until expended.

14 FEDERAL PRISON SYSTEM

15 SALARIES AND EXPENSES

16 For expenses necessary for the administration, oper17 ation, and maintenance of Federal penal and correctional

18 institutions, including purchase (not to exceed 853, of

19 which 559 are for replacement only) and hire of law en20 forcement and passenger motor vehicles; and for the provi21 sion of technical assistance and advice on corrections re22 lated issues to foreign governments; $2,567,578,000: Pro23 vided, That there may be transferred to the Health Re24 sources and Services Administration such amounts as may

25 be necessary, in the discretion of the Attorney General,

26 for direct expenditures by that Administration for medical
22

HR 3019 IH

1 relief for inmates of Federal penal and correctional insti2 tutions: Provided further, That the Director of the Federal

3 Prison System (FPS), where necessary, may enter into

4 contracts with a fiscal agent/fiscal intermediary claims

5 processor to determine the amounts payable to persons

6 who, on behalf of the FPS, furnish health services to indi7 viduals committed to the custody of the FPS: Provided

8 further, That uniforms may be purchased without regard

9 to the general purchase price limitation for the current

10 fiscal year: Provided further, That not to exceed $6,000

11 shall be available for official reception and representation

12 expenses: Provided further, That not to exceed

13 $50,000,000 for the activation of new facilities shall re14 main available until September 30, 1997: Provided further,

15 That of the amounts provided for Contract Confinement,

16 not to exceed $20,000,000 shall remain available until ex17 pended to make payments in advance for grants, contracts

18 and reimbursable agreements and other expenses author19 ized by section 501(c) of the Refugee Education Assist20 ance Act of 1980 for the care and security in the United

21 States of Cuban and Haitian entrants: Provided further,

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

23 privatize any Federal prison facilities located in Forrest

24 City, Arkansas, and Yazoo City, Mississippi: Provided fur25 ther, That obligations incurred for the National Institute
23

HR 3019 IH

1 of Corrections through March 15, 1996 shall be charged

2 to the amount made available under this heading.

3 VIOLENT CRIME REDUCTION PROGRAMS

4 For substance abuse treatment in Federal prisons as

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

6 $13,500,000, to remain available until expended, which

7 shall be derived from the Violent Crime Reduction Trust

8 Fund.

9 BUILDINGS AND FACILITIES

10 For planning, acquisition of sites and construction of

11 new facilities; leasing the Oklahoma City Airport Trust

12 Facility; purchase and acquisition of facilities and remod13 eling and equipping of such facilities for penal and correc14 tional use, including all necessary expenses incident there15 to, by contract or force account; and constructing, remod16 eling, and equipping necessary buildings and facilities at

17 existing penal and correctional institutions, including all

18 necessary expenses incident thereto, by contract or force

19 account; $334,728,000, to remain available until ex20 pended, of which not to exceed $14,074,000 shall be avail21 able to construct areas for inmate work programs: Pro22 vided, That labor of United States prisoners may be used

23 for work performed under this appropriation: Provided

24 further, That not to exceed 10 percent of the funds appro25 priated to ‘‘Buildings and Facilities’’ in this Act or any

26 other Act may be transferred to ‘‘Salaries and Expenses’’,
24

HR 3019 IH

1 Federal Prison System upon notification by the Attorney

2 General to the Committees on Appropriations of the

3 House of Representatives and the Senate in compliance

4 with provisions set forth in section 605 of this Act: Pro5 vided further, That of the total amount appropriated, not

6 to exceed $22,351,000 shall be available for the renovation

7 and construction of United States Marshals Service pris8 oner holding facilities.

9 FEDERAL PRISON INDUSTRIES, INCORPORATED

10 The Federal Prison Industries, Incorporated, is here11 by authorized to make such expenditures, within the limits

12 of funds and borrowing authority available, and in accord

13 with the law, and to make such contracts and commit14 ments, without regard to fiscal year limitations as pro15 vided by section 9104 of title 31, United States Code, as

16 may be necessary in carrying out the program set forth

17 in the budget for the current fiscal year for such corpora18 tion, including purchase of (not to exceed five for replace19 ment only) and hire of passenger motor vehicles.

20 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

21 PRISON INDUSTRIES, INCORPORATED

22 Not to exceed $3,559,000 of the funds of the corpora23 tion shall be available for its administrative expenses, and

24 for services as authorized by 5 U.S.C. 3109, to be com25 puted on an accrual basis to be determined in accordance

26 with the corporation’s current prescribed accounting sys-
25

HR 3019 IH

1 tem, and such amounts shall be exclusive of depreciation,

2 payment of claims, and expenditures which the said ac3 counting system requires to be capitalized or charged to

4 cost of commodities acquired or produced, including sell5 ing and shipping expenses, and expenses in connection

6 with acquisition, construction, operation, maintenance, im7 provement, protection, or disposition of facilities and other

8 property belonging to the corporation or in which it has

9 an interest.

10 OFFICE OF JUSTICE PROGRAMS

11 JUSTICE ASSISTANCE

12 For grants, contracts, cooperative agreements, and

13 other assistance authorized by title I of the Omnibus

14 Crime Control and Safe Streets Act of 1968, as amended,

15 and the Missing Children’s Assistance Act, as amended,

16 including salaries and expenses in connection therewith,

17 and with the Victims of Crime Act of 1984, as amended,

18 $99,977,000, to remain available until expended, as au19 thorized by section 1001 of title I of the Omnibus Crime

20 Control and Safe Streets Act, as amended by Public Law

21 102–534 (106 Stat. 3524).

22 VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE

23 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 As-
26

HR 3019 IH

1 sistance’’ account) authorized by the Violent Crime Con2 trol and Law Enforcement Act of 1994, Public Law 103–

3 322 (‘‘the 1994 Act’’); the Omnibus Crime Control and

4 Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);

5 and the Victims of Child Abuse Act of 1990, as amended

6 (‘‘the 1990 Act’’); $202,400,000, to remain available until

7 expended, which shall be derived from the Violent Crime

8 Reduction Trust Fund; of which $6,000,000 shall be for

9 the Court Appointed Special Advocate Program, as au10 thorized by section 218 of the 1990 Act; $750,000 for

11 Child Abuse Training Programs for Judicial Personnel

12 and Practitioners, as authorized by section 224 of the

13 1990 Act; $130,000,000 for Grants to Combat Violence

14 Against Women to States, units of local governments and

15 Indian tribal governments, as authorized by section

16 1001(a)(18) of the 1968 Act; $28,000,000 for Grants to

17 Encourage Arrest Policies to States, units of local govern18 ments and Indian tribal governments, as authorized by

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

20 Rural Domestic Violence and Child Abuse Enforcement

21 Assistance Grants, as authorized by section 40295 of the

22 1994 Act; $1,000,000 for training programs to assist pro23 bation and parole officers who work with released sex of24 fenders, as authorized by section 40152(c) of the Violent

25 Crime Control and Law Enforcement Act of 1994;
27

HR 3019 IH

1 $50,000 for grants for televised testimony, as authorized

2 by section 1001(a)(7) of the Omnibus Crime Control and

3 Safe Streets Act of 1968; $200,000 for the study of State

4 databases on the incidence of sexual and domestic vio5 lence, as authorized by section 40292 of the Violent Crime

6 Control and Law Enforcement Act of 1994; $1,500,000

7 for national stalker and domestic violence reduction, as

8 authorized by section 40603 of the 1994 Act; $27,000,000

9 for grants for residential substance abuse treatment for

10 State prisoners authorized by section 1001(a)(17) of the

11 1968 Act; and $900,000 for the Missing Alzheimer’s Dis12 ease Patient Alert Program, as authorized by section

13 240001(d) of the 1994 Act: Provided, That any balances

14 for these programs shall be transferred to and merged

15 with this appropriation.

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

17 For grants, contracts, cooperative agreements, and

18 other assistance authorized by part E of title I of the Om19 nibus Crime Control and Safe Streets Act of 1968, as

20 amended, for State and Local Narcotics Control and Jus21 tice Assistance Improvements, notwithstanding the provi22 sions of section 511 of said Act, $388,000,000, to remain

23 available until expended, as authorized by section 1001 of

24 title I of said Act, as amended by Public Law 102–534

25 (106 Stat. 3524), of which $60,000,000 shall be available

26 to carry out the provisions of chapter A of subpart 2 of
28

HR 3019 IH

1 part E of title I of said Act, for discretionary grants under

2 the Edward Byrne Memorial State and Local Law En3 forcement Assistance Programs: Provided, That balances

4 of amounts appropriated prior to fiscal year 1995 under

5 the authorities of this account shall be transferred to and

6 merged with this account.

7 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

8 LOCAL LAW ENFORCEMENT ASSISTANCE

9 For assistance (including amounts for administrative

10 costs for management and administration, which amounts

11 shall be transferred to and merged with the ‘‘Justice As12 sistance’’ account) authorized by the Violent Crime Con13 trol and Law Enforcement Act of 1994, Public Law 103–

14 322 (‘‘the 1994 Act’’); the Omnibus Crime Control and

15 Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);

16 and the Victims of Child Abuse Act of 1990, as amended

17 (‘‘the 1990 Act’’); $3,005,200,000, to remain available

18 until expended, which shall be derived from the Violent

19 Crime Reduction Trust Fund; of which $1,903,000,000

20 shall be for Local Law Enforcement Block Grants, pursu21 ant to H.R. 728 as passed by the House of Representa22 tives on February 14, 1995 for the purposes set forth in

23 paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2)

24 of H.R. 728 and for establishing crime prevention pro25 grams involving cooperation between community residents

26 and law enforcement personnel in order to control, detect,
29

HR 3019 IH

1 or investigate crime or the prosecution of criminals: Pro2 vided, That recipients are encouraged to use these funds

3 to hire additional law enforcement officers: Provided fur4 ther, That funds may also be used to defray the costs of

5 indemnification insurance for law enforcement officers:

6 Provided further, That $10,000,000 of this amount shall

7 be available for educational expenses as set forth in section

8 200103 of the 1994 Act; $25,000,000 for grants to up9 grade criminal records, as authorized by section 106(b)

10 of the Brady Handgun Violence Prevention Act of 1993,

11 as amended, and section 4(b) of the National Child Pro12 tection Act of 1993; $147,000,000 as authorized by sec13 tion 1001 of title I of the 1968 Act, which shall be avail14 able to carry out the provisions of subpart 1, part E of

15 title I of the 1968 Act, notwithstanding section 511 of

16 said Act, for the Edward Byrne Memorial State and Local

17 Law Enforcement Assistance Programs; $300,000,000 for

18 the State Criminal Alien Assistance Program, as author19 ized by section 242(j) of the Immigration and Nationality

20 Act, as amended; $617,500,000 for Violent Offender In21 carceration and Truth in Sentencing Incentive Grants

22 pursuant to subtitle A of title II of the Violent Crime Con23 trol and Law Enforcement Act of 1994 (as amended by

24 section 114 of this Act), of which $200,000,000 shall be

25 available for payments to States for incarceration of crimi-
30

HR 3019 IH

1 nal aliens, and of which $12,500,000 shall be available for

2 the Cooperative Agreement Program; $1,000,000 for

3 grants to States and units of local government for projects

4 to improve DNA analysis, as authorized by section

5 1001(a)(22) of the 1968 Act; $9,000,000 for Improved

6 Training and Technical Automation Grants, as authorized

7 by section 210501(c)(1) of the 1994 Act; $1,000,000 for

8 Law Enforcement Family Support Programs, as author9 ized by section 1001(a)(21) of the 1968 Act; $500,000

10 for Motor Vehicle Theft Prevention Programs, as author11 ized by section 220002(h) of the 1994 Act; $1,000,000

12 for Gang Investigation Coordination and Information Col13 lection, as authorized by section 150006 of the 1994 Act;

14 $200,000 for grants as authorized by section 32201(c)(3)

15 of the 1994 Act: Provided further, That funds made avail16 able in fiscal year 1996 under subpart 1 of part E of title

17 I of the Omnibus Crime Control and Safe Streets Act of

18 1968, as amended, may be obligated for programs to as19 sist States in the litigation processing of death penalty

20 Federal habeas corpus petitions: Provided further, That

21 any 1995 balances for these programs shall be transferred

22 to and merged with this appropriation: Provided further,

23 That if a unit of local government uses any of the funds

24 made available under this title to increase the number of

25 law enforcement officers, the unit of local government will
31

HR 3019 IH

1 achieve a net gain in the number of law enforcement offi2 cers who perform nonadministrative public safety service:

3 Provided further, That obligations incurred for Drug

4 Courts through March 15, 1996 shall be charged to the

5 amount made available under this heading for Local Law

6 Enforcement Block Grants.

7 WEED AND SEED PROGRAM FUND

8 For necessary expenses, including salaries and relat9 ed expenses of the Executive Office for Weed and Seed,

10 to implement ‘‘Weed and Seed’’ program activities,

11 $28,500,000, which shall be derived from discretionary

12 grants provided under the Edward Byrne Memorial State

13 and Local Law Enforcement Assistance Programs, to re14 main available until expended for intergovernmental

15 agreements, including grants, cooperative agreements, and

16 contracts, with State and local law enforcement agencies

17 engaged in the investigation and prosecution of violent

18 crimes and drug offenses in ‘‘Weed and Seed’’ designated

19 communities, and for either reimbursements or transfers

20 to appropriation accounts of the Department of Justice

21 and other Federal agencies which shall be specified by the

22 Attorney General to execute the ‘‘Weed and Seed’’ pro23 gram strategy: Provided, That funds designated by Con24 gress through language for other Department of Justice

25 appropriation accounts for ‘‘Weed and Seed’’ program ac26 tivities shall be managed and executed by the Attorney
32

HR 3019 IH

1 General through the Executive Office for Weed and Seed:

2 Provided further, That the Attorney General may direct

3 the use of other Department of Justice funds and person4 nel in support of ‘‘Weed and Seed’’ program activities only

5 after the Attorney General notifies the Committees on Ap6 propriations of the House of Representatives and the Sen7 ate in accordance with section 605 of this Act.

8 JUVENILE JUSTICE PROGRAMS

9 For grants, contracts, cooperative agreements, and

10 other assistance authorized by the Juvenile Justice and

11 Delinquency Prevention Act of 1974, as amended, includ12 ing salaries and expenses in connection therewith to be

13 transferred to and merged with the appropriations for

14 Justice Assistance, $144,000,000, to remain available

15 until expended, as authorized by section 299 of part I of

16 title II and section 506 of title V of the Act, as amended

17 by Public Law 102–586, of which: (1) $100,000,000 shall

18 be available for expenses authorized by parts A, B, and

19 C of title II of the Act; (2) $10,000,000 shall be available

20 for expenses authorized by sections 281 and 282 of part

21 D of title II of the Act for prevention and treatment pro22 grams relating to juvenile gangs; (3) $10,000,000 shall

23 be available for expenses authorized by section 285 of part

24 E of title II of the Act; (4) $4,000,000 shall be available

25 for expenses authorized by part G of title II of the Act

26 for juvenile mentoring programs; and (5) $20,000,000
33

HR 3019 IH

1 shall be available for expenses authorized by title V of the

2 Act for incentive grants for local delinquency prevention

3 programs.

4 In addition, for grants, contracts, cooperative agree5 ments, and other assistance authorized by the Victims of

6 Child Abuse Act of 1990, as amended, $4,500,000, to re7 main available until expended, as authorized by section

8 214B, of the Act: Provided, That balances of amounts ap9 propriated prior to fiscal year 1995 under the authorities

10 of this account shall be transferred to and merged with

11 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,

16 to remain available until expended, as authorized by sec17 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

18 and, 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. 114. (a) GRANT PROGRAM.—Subtitle A of title

23 II of the Violent Crime and Law Enforcement Act of 1994

24 is amended to read as follows:
34

HR 3019 IH

1 ‘‘Subtitle A—Violent Offender In2 carceration and Truth-in-Sen3 tencing Incentive Grants

4 ‘‘SEC. 20101. DEFINITIONS.

5 ‘‘As used in this subtitle—

6 ‘‘(1) the term ‘‘indeterminate sentencing’ means

7 a system by which—

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

9 a range defined by statute; and

10 ‘‘(B) an administrative agency, generally

11 the parole board, or the court, controls release

12 within the statutory range;

13 ‘‘(2) the term ‘part 1 violent crime’ means mur14 der and nonnegligent manslaughter, forcible rape,

15 robbery, and aggravated assault as reported to the

16 Federal Bureau of Investigation for purposes of the

17 Uniform Crime Reports; and

18 ‘‘(3) the term ‘State’ means a State of the

19 United States, the District of Columbia, or any com20 monwealth, territory, or possession of the United

21 States.

22 ‘‘SEC. 20102. AUTHORIZATION OF GRANTS.

23 ‘‘(a) IN GENERAL.—The Attorney General shall pro24 vide grants to eligible States—
35

HR 3019 IH

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

2 increase the prison bed capacity for the confinement

3 of persons convicted of a part 1 violent crime or ad4 judicated delinquent for an act which if committed

5 by an adult, would a part 1 violent crime;

6 ‘‘(2) to build or expand temporary or perma7 nent correctional facilities, including facilities on

8 military bases, prison barges, and boot camps, for

9 the confinement of convicted nonviolent offenders

10 and criminal aliens, for the purpose of freeing suit11 able existing prison space for the confinement of

12 persons convicted of a part 1 violent crime; and

13 ‘‘(3) to build or expand jails.

14 ‘‘(b) REGIONAL COMPACTS.—

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

16 States may enter into regional compacts to carry out

17 this subtitle. Such compacts shall be treated as

18 States under this subtitle.

19 ‘‘(2) REQUIREMENT.—To be recognized as a re20 gional compact for eligibility for a grant under sec21 tion 20103 or 20104, each member State must be

22 eligible individually.

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

24 State may receive a grant under this subtitle both

25 individually and as part of a compact.
36

HR 3019 IH

1 ‘‘(c) LIMITATIONS.—

2 ‘‘(1) Except as provided in paragraph (2), an

3 eligible State may receive either a general grant

4 under section 20103 or a truth-in-sentencing incen5 tive grant under section 20104.

6 ‘‘(2) EXCEPTION.—An eligible State may re7 ceive a grant under both sections 20103 and 20104

8 if the amount that such State is eligible to receive

9 under section 20103 in a year equals or exceeds the

10 amount that such State is eligible to receive under

11 section 20104 for that year.

12 ‘‘(d) APPLICABILITY.—Notwithstanding the eligi13 bility requirements of sections 20103 and 20104, a State

14 that certifies to the Attorney General that, as of the date

15 of enactment of the Department of Justice Appropriations

16 Act, 1996, such State has enacted legislation in reliance

17 on subtitle A of title II of the Violent Crime Control and

18 Law Enforcement Act, as enacted on September 13, 1994,

19 and would in fact qualify under those provisions, shall be

20 eligible to receive a grant for fiscal year 1996 as though

21 such State qualifies under sections 20103 or 20104 of this

22 subtitle.

23 ‘‘SEC. 20103. GENERAL GRANTS.

24 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

25 under this section, a State shall submit an application to
37

HR 3019 IH

1 the Attorney General that provides assurances that such

2 State has, since 1993—

3 ‘‘(1) increased the percentage of persons con4 victed of a part 1 violent crime sentenced to prison;

5 ‘‘(2) increased the average prison time actually

6 to be served in prison by persons convicted of a part

7 1 violent crime sentenced to prison; and

8 ‘‘(3) increased the average percentage of time

9 of the sentence to be actually served in prison by

10 persons convicted of a part 1 violent crime and sen11 tenced to prison.

12 ‘‘(b) INDETERMINATE SENTENCING EXCEPTION.—

13 Notwithstanding subsection (a), a State shall be eligible

14 for a grant under this section if such State submits an

15 application to the Attorney General that provides assur16 ances that the State on the date of the enactment of the

17 Departments of Commerce, Justice, and State, the Judici18 ary and Related Agencies Appropriations Act, 1996—

19 ‘‘(1) practices indeterminate sentencing with re20 gard to any part 1 violent crime; and

21 ‘‘(2) since 1993 the State has increased—

22 ‘‘(A) the percentage of persons convicted of

23 a part 1 violent crime sentenced to prison; and

24 ‘‘(B) the average time served in the State

25 for the offenses of murder, rape, and robbery
38

HR 3019 IH

1 under the State’s sentencing and release guide2 lines for such offenses.

3 ‘‘SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

4 ‘‘(a) ELIGIBILITY.—To be eligible to receive a grant

5 under this section, a State shall submit an application to

6 the Attorney General that provides assurances that—

7 ‘‘(1) such State has implemented truth-in-sen8 tencing laws that require persons convicted of a part

9 1 violent crime to serve not less than 85 percent of

10 the sentence imposed (not counting time not actually

11 served, such as administrative or statutory incentives

12 for good behavior);

13 ‘‘(2) such State has truth-in-sentencing laws

14 that have been enacted, but not yet implemented,

15 that require such State, not later than 3 years after

16 such State submits an application to the Attorney

17 General, to provide that persons convicted of a part

18 1 violent crime serve not less than 85 percent of the

19 sentence imposed; or

20 ‘‘(3) if, in the case of a State that on the date

21 of enactment of the Departments of Commerce, Jus22 tice, and State, the Judiciary and Related Agencies

23 Appropriations Act, 1996, practices indeterminate

24 sentencing with regard to any part 1 violent crime,

25 such State demonstrates that the average time
39

HR 3019 IH

1 served for part 1 violent crimes in the State equals

2 at least 85 percent of the sentences established for

3 such crimes under the State’s sentencing and release

4 guidelines (not counting time not actually served,

5 such as administrative or statutory incentives for

6 good behavior).

7 ‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a

8 State may provide that the Governor of the State may

9 allow for the earlier release of—

10 ‘‘(1) a geriatric prisoner; or

11 ‘‘(2) a prisoner whose medical condition pre12 cludes the prisoner from posing a threat to the pub13 lic, but only after a public hearing in which rep14 resentatives of the public and the prisoner’s victims

15 have had an opportunity to be heard regarding a

16 proposed release.

17 ‘‘SEC. 20105. SPECIAL RULES.

18 ‘‘(a) SHARING OF FUNDS WITH COUNTIES AND

19 OTHER UNITS OF LOCAL GOVERNMENT.—

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

21 not more than 15 percent of the amount of funds al22 located in a fiscal year pursuant to section 20106

23 for counties and units of local government to con24 struct, develop, expand, modify, or improve jails and

25 other correctional facilities.
40

HR 3019 IH

1 ‘‘(2) FACTORS FOR DETERMINATION OF

2 AMOUNT.—To determine the amount of funds to be

3 reserved under this subsection, a State shall consider

4 the burden placed on a county or unit of local gov5 ernment that results from the implementation of

6 policies adopted by the State to carry out sections

7 20103 and 20104.

8 ‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to

9 receive a grant under section 20103 or 20104, a State

10 shall provide assurances to the Attorney General that the

11 State has implemented or will implement not later than

12 18 months after the date of the enactment of this subtitle

13 policies that provide for the recognition of the rights and

14 needs of crime victims.

15 ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith16 standing any other provision of this subtitle, if a State,

17 or unit of local government located in a State that other18 wise meets the requirements of sections 20103 or 20104,

19 certifies to the Attorney General that exigent cir20 cumstances exist that require the State to expend funds

21 to confine juvenile offenders, the State may use funds re22 ceived under this subtitle to build or expand juvenile cor23 rectional facilities or pretrial detention facilities for juve24 nile offenders.
41

HR 3019 IH

1 ‘‘(d) PRIVATE FACILITIES.—A State may use funds

2 received under this subtitle for the privatization of facili3 ties to carry out the purposes of section 20102.

4 ‘‘SEC. 20106. FORMULA FOR GRANTS.

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

6 granted to each State eligible to receive a grant under sec7 tion 20103 or 20104, the Attorney General shall apply the

8 following formula:

9 ‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER

10 SECTION 20103.—Of the amount set aside for grants

11 for section 20103, 0.6 percent shall be allocated to

12 each eligible State, except that the United States

13 Virgin Islands, American Samoa, Guam, and the

14 Commonwealths of Puerto Rico and the Northern

15 Mariana Islands shall each be allocated 0.05 per16 cent.

17 ‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER

18 SECTION 20104.—Of the amount set aside for grants

19 for section 20104—

20 ‘‘(A) if less than 20 States are awarded

21 grants under section 20104, 2.5 percent of the

22 amounts paid shall be allocated to each eligible

23 State, except that the United States Virgin Is24 lands, American Samoa, Guam, and the Com25 monwealths of Puerto Rico and the Northern
42

HR 3019 IH

1 Mariana Islands shall each be allocated 0.05

2 percent; and

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

4 grants under section 20104, 2.0 percent of the

5 amounts awarded shall be allocated to each eli6 gible State in a fiscal year for a grant under

7 section 20104, except that the United States

8 Virgin Islands, American Samoa, Guam, and

9 the Commonwealths of Puerto Rico and the

10 Northern Mariana Islands shall each be allo11 cated 0.04 percent.

12 ‘‘(3) ADDITIONAL AMOUNTS BASED ON NUMBER

13 OF PART 1 VIOLENT CRIMES.—

14 ‘‘(A) DISTRIBUTION OF REMAINING

15 AMOUNTS.—The amounts remaining after the

16 application of paragraph (1) or (2) shall be al17 located to each eligible State in the ration that

18 the average annual number of part 1 violent

19 crimes reported by such State to the Federal

20 Bureau of Investigation for the 3 years preced21 ing the year in which the determination is made

22 bears to the average annual number of part 1

23 violent crimes reported by all such States to the

24 Federal Bureau of Investigation for the 3 years
43

HR 3019 IH

1 preceding the year in which the determination

2 is made.

3 ‘‘(B) UNAVAILABLE DATA.—If data re4 garding part 1 violent crimes in any State is

5 unavailable for the 3 years preceding the year

6 in which the determination is made or substan7 tially inaccurate, the Attorney General shall uti8 lize the best available comparable data regard9 ing the number of violent crimes for the pre10 vious year for the State for the purposes of allo11 cation of funds under this subtitle.

12 ‘‘(4) REGIONAL COMPACTS.—In determining

13 the funds that States organized as a regional com14 pact may receive, the Attorney General shall first

15 apply the formula in either paragraph (1) or (2) and

16 (3) of this section to each member State of the com17 pact. The States organized as a regional compact

18 may receive the sum of the amounts so determined.

19 ‘‘SEC. 20107. ACCOUNTABILITY.

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

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

22 fiscal procedures that conform to guidelines prescribed by

23 the Attorney General, and shall ensure that any funds

24 used to carry out the programs under section 20102(a)

25 shall represent the best value for the State governments
44

HR 3019 IH

1 at the lowest possible cost and employ the best available

2 technology.

3 ‘‘(b) ADMINISTRATIVE PROVISIONS.—The adminis4 trative provisions of sections 801 and 802 of the Omnibus

5 Crime Control and Safe Streets Act of 1968 shall apply

6 to the Attorney General under this subtitle in the same

7 manner that such provisions apply to the officials listed

8 in such sections.

9 ‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AUTHORIZATIONS.—There are authorized

12 to be appropriated to carry out this subtitle—

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

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

15 ‘‘(C) $2,527,999,000 for fiscal year 1998;

16 ‘‘(D) $2,660,000,000 for fiscal year 1999;

17 and

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

19 ‘‘(2) DISTRIBUTION.—

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

21 20109, and except as provided in subparagraph

22 (B), of the amount appropriated pursuant to

23 paragraph (1)—
45

HR 3019 IH

1 ‘‘(i) one-third of such amount shall be

2 allocated pursuant to section 20106 to eli3 gible states under section 20103; and

4 ‘‘(ii) two-thirds of such amount shall

5 be allocated pursuant to section 20106 to

6 eligible states under section 20104.

7 ‘‘(B) ADDITIONAL FUNDS.—Subject to sec8 tion 20109, if the amount appropriated pursu9 ant to paragraph (1) exceeds $750,000,000—

10 ‘‘(i) half of such amount shall be allo11 cated pursuant to section 20106 to eligible

12 States under section 20103; and

13 ‘‘(ii) half of such amount shall be allo14 cated pursuant to section 20106 to eligible

15 States under section 20104.

16 ‘‘(b) LIMITATIONS ON FUNDS.—

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

18 section 20111, funds made available pursuant to this

19 section shall be used only to carry out the purposes

20 described in section 20102(a).

21 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds

22 made available pursuant to this section shall not be

23 used to supplant State funds, but shall be used to

24 increase the amount of funds that would, in the ab-
46

HR 3019 IH

1 sence of Federal funds, be made available from

2 State sources.

3 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than

4 3 percent of the funds made available pursuant to

5 this section shall be used for administrative costs.

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

7 appropriated pursuant to this section during any fis8 cal year shall remain available until expended.

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

10 a grant received under this subtitle may not exceed

11 90 percent of the costs of a proposal as described in

12 an application approved under this subtitle.

13 ‘‘SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL

14 LANDS.

15 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding

16 any other provision of this subtitle, from amounts appro17 priated under section 20108 to carry out sections 20103

18 and 20104, the Attorney General shall reserve, to carry

19 out this section—

20 ‘‘(1) 0.3 percent in each of fiscal years 1996

21 and 1997; and

22 ‘‘(2) 0.2 percent in each of fiscal years 1998,

23 1999, and 2000.

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

25 amounts reserved under subsection (a), the Attorney Gen-
47

HR 3019 IH

1 eral may make grants to Indian tribes for the purposes

2 of constructing jails on tribal lands for the incarceration

3 of offenders subject to tribal jurisdiction.

4 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant

5 under this section, an Indian tribe shall submit to the At6 torney General an application in such form and containing

7 such information as the Attorney General may by regula8 tion require.

9 ‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCAR10 CERATION OF CRIMINAL ALIENS.

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

12 make a payment to each State which is eligible under sec13 tion 242(j) of the Immigration and Nationality Act and

14 which meets the eligibility requirements of section 20104,

15 in such amount as is determined under section 242(j) and

16 for which payment is not made to such State for such fis17 cal year under such section.

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Not19 withstanding any other provision of this subtitle, there are

20 authorized to be appropriated to carry out this section

21 from amounts authorized under section 20108, an amount

22 which when added to amounts appropriated to carry out

23 section 242(j) of the Immigration and Nationality Act for

24 fiscal year 1996 equals $500,000,000 and for each of the
48

HR 3019 IH

1 fiscal years 1997 through 2000 does not exceed

2 $650,000,000.

3 ‘‘(c) REPORT TO CONGRESS.—Not later than May

4 15, 1999, the Attorney General shall submit a report to

5 the Congress which contains the recommendation of the

6 Attorney General concerning the extension of the program

7 under this section.

8 ‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON9 FEDERAL INSTITUTIONS.

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

11 payments to States and units of local government for the

12 purposes authorized in section 4013 of title 18, United

13 States Code.

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Not15 withstanding any other provision of this subtitle, there are

16 authorized to be appropriated from amounts authorized

17 under section 20108 for each fiscal years 1996 through

18 2000 such sums as may be necessary to carry out this

19 section.

20 ‘‘SEC. 20112. REPORT BY THE ATTORNEY GENERAL.

21 ‘‘Beginning on July 1, 1996, and each July 1 there22 after, the Attorney General shall report to the Congress

23 on the implementation of this subtitle, including a report

24 on the eligibility of the States under sections 20103 and
49

HR 3019 IH

1 20104, and the distribution and use of funds under this

2 subtitle.’’.

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

4 of the Immigration and Nationality Act (8 U.S.C.

5 1252(j)(4)) is amended by adding at the end the following:

6 ‘‘(C) in carrying out paragraph (1)(A), the

7 Attorney General shall give preference in mak8 ing payments to States and political subdivi9 sions of States which are ineligible for pay10 ments under section 20110 of the Violent Crime

11 Control and Law Enforcement Act of 1994.’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) OMNIBUS CRIME CONTROL AND SAFE

14 STREETS ACT OF 1968.—

15 (A) PART V.—Part V of title I of the Om16 nibus Crime Control and Safe Streets Act of

17 1968 is repealed.

18 (B) FUNDING.—

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

20 Crime Control and Safe Streets Act of

21 1968 is amended by striking paragraph

22 (20).

23 (ii) Notwithstanding the provisions of

24 subparagraph (A), any funds that remain

25 available to an applicant under paragraph
50

HR 3019 IH

1 (20) of title I of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 shall be

3 used in accordance with part V of such Act

4 as if such Act was in effect on the day pre5 ceding the date of enactment of this Act.

6 (2) VIOLENT CRIME CONTROL AND LAW EN7 FORCEMENT ACT OF 1994.—

8 (A) TABLE OF CONTENTS.—The table of

9 contents of the Violent Crime Control and Law

10 Enforcement Act of 1994 is amended by strik11 ing the matter relating to title V.

12 (B) COMPLIANCE.—Notwithstanding the

13 provisions of paragraph (1), any funds that re14 main available to an applicant under title V of

15 the Violent Crime Control and Law Enforce16 ment Act of 1994 shall be used in accordance

17 with such subtitle as if such subtitle was in ef18 fect on the day preceding the date of enactment

19 of this Act.

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

21 contents of the Violent Crime Control and Law

22 Enforcement Act of 1994 is amended by strik23 ing the matter relating to subtitle A of title II

24 and inserting the following:

‘‘SUBTITLE A—TRUTH-IN-SENTENCING GRANTS

‘‘Sec. 20101. Definitions.
51

HR 3019 IH

‘‘Sec. 20102. Authorization of Grants.

‘‘Sec. 20103. General Grants.

‘‘Sec. 20104. Truth-in-sentencing incentive grants.

‘‘Sec. 20105. Special rules.

‘‘Sec. 20106. Formula for grants.

‘‘Sec. 20107. Accountability.

‘‘Sec. 20108. Authorization of appropriations.

‘‘Sec. 20109. Payments for Incarceration on Tribal Lands.

‘‘Sec. 20110. Payments to States for Incarceration of Criminal Aliens.

‘‘Sec. 20111. Support of Federal Prisoners in Non-Federal Institutions.

‘‘Sec. 20112. Report by the Attorney General.’’.

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

2 Appropriations Act, 1996’’.

3 TITLE II—DEPARTMENT OF COMMERCE AND

4 RELATED AGENCIES

5 TRADE AND INFRASTRUCTURE DEVELOPMENT

6 RELATED AGENCIES

7 OFFICE OF THE UNITED STATES TRADE

8 REPRESENTATIVE

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the United

11 States Trade Representative, including the hire of pas12 senger motor vehicles and the employment of experts and

13 consultants as authorized by 5 U.S.C. 3109, $20,889,000,

14 of which $2,500,000 shall remain available until expended:

15 Provided, That not to exceed $98,000 shall be available

16 for official reception and representation expenses.

17 INTERNATIONAL TRADE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the International Trade

20 Commission, including hire of passenger motor vehicles
52

HR 3019 IH

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

2 exceed $2,500 for official reception and representation ex3 penses, $40,000,000, to remain available until expended.

4 DEPARTMENT OF COMMERCE

5 INTERNATIONAL TRADE ADMINISTRATION

6 OPERATIONS AND ADMINISTRATION

7 For necessary expenses for international trade activi8 ties of the Department of Commerce provided for by law,

9 and engaging in trade promotional activities abroad, in10 cluding expenses of grants and cooperative agreements for

11 the purpose of promoting exports of United States firms,

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

13 coverage for dependent members of immediate families of

14 employees stationed overseas and employees temporarily

15 posted overseas; travel and transportation of employees of

16 the United States and Foreign Commercial Service be17 tween two points abroad, without regard to 49 U.S.C.

18 1517; employment of Americans and aliens by contract for

19 services; rental of space abroad for periods not exceeding

20 ten years, and expenses of alteration, repair, or improve21 ment; purchase or construction of temporary demountable

22 exhibition structures for use abroad; payment of tort

23 claims, in the manner authorized in the first paragraph

24 of 28 U.S.C. 2672 when such claims arise in foreign coun25 tries; not to exceed $327,000 for official representation
53

HR 3019 IH

1 expenses abroad; purchase of passenger motor vehicles for

2 official use abroad, not to exceed $30,000 per vehicle; ob3 tain insurance on official motor vehicles; and rent tie lines

4 and teletype equipment; $264,885,000, to remain avail5 able until expended: Provided, That the provisions of the

6 first sentence of section 105(f) and all of section 108(c)

7 of the Mutual Educational and Cultural Exchange Act of

8 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car9 rying out these activities without regard to 15 U.S.C.

10 4912; and that for the purpose of this Act, contributions

11 under the provisions of the Mutual Educational and Cul12 tural Exchange Act shall include payment for assessments

13 for services provided as part of these activities.

14 EXPORT ADMINISTRATION

15 OPERATIONS AND ADMINISTRATION

16 For necessary expenses for export administration and

17 national security activities of the Department of Com18 merce, including costs associated with the performance of

19 export administration field activities both domestically and

20 abroad; full medical coverage for dependent members of

21 immediate families of employees stationed overseas; em22 ployment of Americans and aliens by contract for services

23 abroad; rental of space abroad for periods not exceeding

24 ten years, and expenses of alteration, repair, or improve25 ment; payment of tort claims, in the manner authorized
54

HR 3019 IH

1 in the first paragraph of 28 U.S.C. 2672 when such claims

2 arise in foreign countries; not to exceed $15,000 for offi3 cial representation expenses abroad; awards of compensa4 tion to informers under the Export Administration Act of

5 1979, and as authorized by 22 U.S.C. 401(b); purchase

6 of passenger motor vehicles for official use and motor vehi7 cles for law enforcement use with special requirement vehi8 cles eligible for purchase without regard to any price limi9 tation otherwise established by law; $38,604,000, to re10 main available until expended: Provided, That the provi11 sions of the first sentence of section 105(f) and all of sec12 tion 108(c) of the Mutual Educational and Cultural Ex13 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

14 apply in carrying out these activities: Provided further,

15 That payments and contributions collected and accepted

16 for materials or services provided as part of such activities

17 may be retained for use in covering the cost of such activi18 ties, and for providing information to the public with re19 spect to the export administration and national security

20 activities of the Department of Commerce and other ex21 port control programs of the United States and other gov22 ernments.
55

HR 3019 IH

1 ECONOMIC DEVELOPMENT ADMINISTRATION

2 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

3 For grants for economic development assistance as

4 provided by the Public Works and Economic Development

5 Act of 1965, as amended, Public Law 91–304, and such

6 laws that were in effect immediately before September 30,

7 1982, and for trade adjustment assistance, $328,500,000:

8 Provided, That none of the funds appropriated or other9 wise made available under this heading may be used di10 rectly or indirectly for attorneys’ or consultants’ fees in

11 connection with securing grants and contracts made by

12 the Economic Development Administration: Provided fur13 ther, That, notwithstanding any other provision of law, the

14 Secretary of Commerce may provide financial assistance

15 for projects to be located on military installations closed

16 or scheduled for closure or realignment to grantees eligible

17 for assistance under the Public Works and Economic De18 velopment Act of 1965, as amended, without it being re19 quired that the grantee have title or ability to obtain a

20 lease for the property, for the useful life of the project,

21 when in the opinion of the Secretary of Commerce, such

22 financial assistance is necessary for the economic develop23 ment of the area: Provided further, That the Secretary of

24 Commerce may, as the Secretary considers appropriate,

25 consult with the Secretary of Defense regarding the title
56

HR 3019 IH

1 to land on military installations closed or scheduled for

2 closure or realignment.

3 SALARIES AND EXPENSES

4 For necessary expenses of administering the eco5 nomic development assistance programs as provided for by

6 law, $20,000,000: Provided, That these funds may be used

7 to monitor projects approved pursuant to title I of the

8 Public Works Employment Act of 1976, as amended, title

9 II of the Trade Act of 1974, as amended, and the Commu10 nity Emergency Drought Relief Act of 1977.

11 MINORITY BUSINESS DEVELOPMENT AGENCY

12 MINORITY BUSINESS DEVELOPMENT

13 For necessary expenses of the Department of Com14 merce in fostering, promoting, and developing minority

15 business enterprise, including expenses of grants, con16 tracts, and other agreements with public or private organi17 zations, $32,000,000.

18 ECONOMIC AND INFORMATION INFRASTRUCTURE

19 ECONOMIC AND STATISTICAL ANALYSIS

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, of eco22 nomic and statistical analysis programs of the Department

23 of Commerce, $45,900,000, to remain available until Sep24 tember 30, 1997.
57

HR 3019 IH

1 ECONOMICS AND STATISTICS ADMINISTRATION

2 REVOLVING FUND

3 The Secretary of Commerce is authorized to dissemi4 nate economic and statistical data products as authorized

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

6 4912, charge fees necessary to recover the full costs in7 curred in their production. Notwithstanding 31 U.S.C.

8 3302, receipts received from these data dissemination ac9 tivities shall be credited to this account, to be available

10 for carrying out these purposes without further appropria11 tion.

12 BUREAU OF THE CENSUS

13 SALARIES AND EXPENSES

14 For expenses necessary for collecting, compiling, ana15 lyzing, preparing, and publishing statistics, provided for

16 by law, $133,812,000.

17 PERIODIC CENSUSES AND PROGRAMS

18 For expenses necessary to collect and publish statis19 tics for periodic censuses and programs provided for by

20 law, $150,300,000, to remain available until expended.

21 NATIONAL TELECOMMUNICATIONS AND INFORMATION

22 ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses, as provided for by law, of

25 the National Telecommunications and Information Ad-
58

HR 3019 IH

1 ministration, $17,000,000, to remain available until ex2 pended: Provided, That notwithstanding 31 U.S.C.

3 1535(d), the Secretary of Commerce is authorized to re4 tain and use as offsetting collections all funds transferred,

5 or previously transferred, from other Government agencies

6 for spectrum management, analysis, and operations and

7 for all costs incurred in telecommunications research, en8 gineering, and related activities by the Institute for Tele9 communication Sciences of the NTIA in furtherance of its

10 assigned functions under this paragraph and such funds

11 received from other Government agencies shall remain

12 available until expended.

13 PUBLIC BROADCASTING FACILITIES, PLANNING AND

14 CONSTRUCTION

15 For grants authorized by section 392 of the Commu16 nications Act of 1934, as amended, $15,500,000, to re17 main available until expended as authorized by section 391

18 of the Act, as amended: Provided, That not to exceed

19 $2,200,000 shall be available for program administration

20 as authorized by section 391 of the Act: Provided further,

21 That notwithstanding the provisions of section 391 of the

22 Act, the prior year unobligated balances may be made

23 available for grants for projects for which applications

24 have been submitted and approved during any fiscal year.
59

HR 3019 IH

1 INFORMATION INFRASTRUCTURE GRANTS

2 For grants authorized by section 392 of the Commu3 nications Act of 1934, as amended, $21,500,000, to re4 main available until expended as authorized by section 391

5 of the Act, as amended: Provided, That not to exceed

6 $3,000,000 shall be available for program administration

7 and other support activities as authorized by section 391

8 of the Act including support of the Advisory Council on

9 National Information Infrastructure: Provided further,

10 That of the funds appropriated herein, not to exceed 5

11 percent may be available for telecommunications research

12 activities for projects related directly to the development

13 of a national information infrastructure: Provided further,

14 That notwithstanding the requirements of section 392(a)

15 and 392(c) of the Act, these funds may be used for the

16 planning and construction of telecommunications networks

17 for the provision of educational, cultural, health care, pub18 lic information, public safety or other social services.

19 PATENT AND TRADEMARK OFFICE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Patent and Trademark

22 Office provided for by law, including defense of suits insti23 tuted against the Commissioner of Patents and Trade24 marks; $82,324,000, to remain available until expended:

25 Provided, That the funds made available under this head-
60

HR 3019 IH

1 ing are to be derived from deposits in the Patent and

2 Trademark Office Fee Surcharge Fund as authorized by

3 law: Provided further, That the amounts made available

4 under the Fund shall not exceed amounts deposited; and

5 such fees as shall be collected pursuant to 15 U.S.C. 1113

6 and 35 U.S.C. 41 and 376, shall remain available until

7 expended.

8 SCIENCE AND TECHNOLOGY

9 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

10 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

11 For necessary expenses of the National Institute of

12 Standards and Technology, $259,000,000, to remain

13 available until expended, of which not to exceed

14 $8,500,000 may be transferred to the ‘‘Working Capital

15 Fund’’.

16 INDUSTRIAL TECHNOLOGY SERVICES

17 For necessary expenses of the Manufacturing Exten18 sion Partnership of the National Institute of Standards

19 and Technology, $80,000,000, to remain available until

20 expended, of which not to exceed $500,000 may be trans21 ferred to the ‘‘Working Capital Fund’’: Provided, That

22 none of the funds made available under this heading in

23 this or any other Act may be used for the purposes of

24 carrying out additional program competitions under the

25 Advanced Technology Program: Provided further, That

26 any unobligated balances available from carryover of prior
61

HR 3019 IH

1 year appropriations under the Advanced Technology Pro2 gram may be used only for the purposes of providing con3 tinuation grants.

4 CONSTRUCTION OF RESEARCH FACILITIES

5 For construction of new research facilities, including

6 architectural and engineering design, and for renovation

7 of existing facilities, not otherwise provided for the Na8 tional Institute of Standards and Technology, as author9 ized by 15 U.S.C. 278c–278e, $60,000,000, to remain

10 available until expended.

11 NATIONAL OCEANIC AND ATMOSPHERIC

12 ADMINISTRATION

13 OPERATIONS, RESEARCH, AND FACILITIES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of activities authorized by law

16 for the National Oceanic and Atmospheric Administration,

17 including acquisition, maintenance, operation, and hire of

18 aircraft; not to exceed 358 commissioned officers on the

19 active list; grants, contracts, or other payments to non20 profit organizations for the purposes of conducting activi21 ties pursuant to cooperative agreements; and alteration,

22 modernization, and relocation of facilities as authorized by

23 33 U.S.C. 883i; $1,795,677,000, to remain available until

24 expended: Provided, That notwithstanding 31 U.S.C. 3302

25 but consistent with other existing law, fees shall be as26 sessed, collected, and credited to this appropriation as off-
62

HR 3019 IH

1 setting collections to be available until expended, to re2 cover the costs of administering aeronautical charting pro3 grams: Provided further, That the sum herein appro4 priated from the general fund shall be reduced as such

5 additional fees are received during fiscal year 1996, so as

6 to result in a final general fund appropriation estimated

7 at not more than $1,792,677,000: Provided further, That

8 any such additional fees received in excess of $3,000,000

9 in fiscal year 1996 shall not be available for obligation

10 until October 1, 1996: Provided further, That fees and do11 nations received by the National Ocean Service for the

12 management of the national marine sanctuaries may be

13 retained and used for the salaries and expenses associated

14 with those activities, notwithstanding 31 U.S.C. 3302:

15 Provided further, That in addition, $63,000,000 shall be

16 derived by transfer from the fund entitled ‘‘Promote and

17 Develop Fishery Products and Research Pertaining to

18 American Fisheries’’: Provided further, That grants to

19 States pursuant to sections 306 and 306(a) of the Coastal

20 Zone Management Act, as amended, shall not exceed

21 $2,000,000.

22 COASTAL ZONE MANAGEMENT FUND

23 Of amounts collected pursuant to 16 U.S.C. 1456a,

24 not to exceed $7,800,000, for purposes set forth in 16

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

26 16 U.S.C. 1461(e).
63

HR 3019 IH

1 CONSTRUCTION

2 For repair and modification of, and additions to, ex3 isting facilities and construction of new facilities, and for

4 facility planning and design and land acquisition not oth5 erwise provided for the National Oceanic and Atmospheric

6 Administration, $50,000,000, to remain available until ex7 pended.

8 FLEET MODERNIZATION, SHIPBUILDING AND

9 CONVERSION

10 For expenses necessary for the repair, acquisition,

11 leasing, or conversion of vessels, including related equip12 ment to maintain and modernize the existing fleet and to

13 continue planning the modernization of the fleet, for the

14 National Oceanic and Atmospheric Administration,

15 $8,000,000, to remain available until expended.

16 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

17 FUND

18 For carrying out the provisions of section 3 of Public

19 Law 95–376, not to exceed $1,032,000, to be derived from

20 receipts collected pursuant to 22 U.S.C. 1980 (b) and (f),

21 to remain available until expended.

22 FISHERMEN’S CONTINGENCY FUND

23 For carrying out the provisions of title IV of Public

24 Law 95–372, not to exceed $999,000, to be derived from

25 receipts collected pursuant to that Act, to remain available

26 until expended.
64

HR 3019 IH

1 FOREIGN FISHING OBSERVER FUND

2 For expenses necessary to carry out the provisions

3 of the Atlantic Tunas Convention Act of 1975, as amend4 ed (Public Law 96–339), the Magnuson Fishery Conserva5 tion and Management Act of 1976, as amended (Public

6 Law 100–627) and the American Fisheries Promotion Act

7 (Public Law 96–561), there are appropriated from the

8 fees imposed under the foreign fishery observer program

9 authorized by these Acts, not to exceed $196,000, to re10 main available until expended.

11 FISHING VESSEL OBLIGATIONS GUARANTEES

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

13 Credit Reform Act of 1990, of guaranteed loans author14 ized by the Merchant Marine Act of 1936, as amended,

15 $250,000: Provided, That none of the funds made avail16 able under this heading may be used to guarantee loans

17 for any new fishing vessel that will increase the harvesting

18 capacity in any United States fishery.

19 TECHNOLOGY ADMINISTRATION

20 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

21 TECHNOLOGY POLICY

22 SALARIES AND EXPENSES

23 For necessary expenses for the Under Secretary for

24 Technology/Office of Technology Policy, $5,000,000.
65

HR 3019 IH

1 GENERAL ADMINISTRATION

2 SALARIES AND EXPENSES

3 For expenses necessary for the general administra4 tion of the Department of Commerce provided for by law,

5 including not to exceed $3,000 for official entertainment,

6 $29,100,000.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

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

11 as amended by Public Law 100–504), $19,849,000.

12 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

13 CONSTRUCTION OF RESEARCH FACILITIES

14 (RESCISSION)

15 Of the unobligated balances available under this

16 heading, $75,000,000 are rescinded.

17 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

19 appropriations and funds made available to the Depart20 ment of Commerce by this Act shall be available for the

21 activities specified in the Act of October 26, 1949 (15

22 U.S.C. 1514), to the extent and in the manner prescribed

23 by the Act, and, notwithstanding 31 U.S.C. 3324, may

24 be used for advanced payments not otherwise authorized

25 only upon the certification of officials designated by the

26 Secretary that such payments are in the public interest.
66

HR 3019 IH

1 SEC. 202. During the current fiscal year, appropria2 tions made available to the Department of Commerce by

3 this Act for salaries and expenses shall be available for

4 hire of passenger motor vehicles as authorized by 31

5 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

6 3109; and uniforms or allowances therefor, as authorized

7 by law (5 U.S.C. 5901–5902).

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

9 Act may be used to support the hurricane reconnaissance

10 aircraft and activities that are under the control of the

11 United States Air Force or the United States Air Force

12 Reserve.

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

14 previous Act, or hereinafter made available to the Depart15 ment of Commerce shall be available to reimburse the Un16 employment Trust Fund or any other fund or account of

17 the Treasury to pay for any expenses paid before October

18 1, 1992, as authorized by section 8501 of title 5, United

19 States Code, for services performed after April 20, 1990,

20 by individuals appointed to temporary positions within the

21 Bureau of the Census for purposes relating to the 1990

22 decennial census of population.

23 SEC. 205. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Commerce in this Act may be transferred be-
67

HR 3019 IH

1 tween such appropriations, but no such appropriation shall

2 be increased by more than 10 percent by any such trans3 fers: Provided, That any transfer pursuant to this section

4 shall be treated as a reprogramming of funds under sec5 tion 605 of this Act and shall not be available for obliga6 tion or expenditure except in compliance with the proce7 dures set forth in that section.

8 SEC. 206. (a) Should legislation be enacted to dis9 mantle or reorganize the Department of Commerce, the

10 Secretary of Commerce, no later than 90 days thereafter,

11 shall submit to the Committees on Appropriations of the

12 House and the Senate a plan for transferring funds pro13 vided in this Act to the appropriate successor organiza14 tions: Provided, That the plan shall include a proposal for

15 transferring or rescinding funds appropriated herein for

16 agencies or programs terminated under such legislation:

17 Provided further, That such plan shall be transmitted in

18 accordance with section 605 of this Act.

19 (b) The Secretary of Commerce or the appropriate

20 head of any successor organization(s) may use any avail21 able funds to carry out legislation dismantling or reor22 ganizing the Department of Commerce to cover the costs

23 of actions relating to the abolishment, reorganization or

24 transfer of functions and any related personnel action, in25 cluding voluntary separation incentives if authorized by
68

HR 3019 IH

1 such legislation: Provided, That the authority to transfer

2 funds between appropriations accounts that may be nec3 essary to carry out this section is provided in addition to

4 authorities included under section 205 of this Act: Pro5 vided further, That use of funds to carry out this section

6 shall be treated as a reprogramming of funds under sec7 tion 605 of this Act and shall not be available for obliga8 tion or expenditure except in compliance with the proce9 dures set forth in that section.

10 SEC. 207. Notwithstanding any other provision of law

11 (including any regulation and including the Public Works

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

13 title to the Rutland City Industrial Complex to Hilinex,

14 Vermont (as related to Economic Development Adminis15 tration Project Number 01–11–01742) shall not require

16 compensation to the Federal Government for the fair

17 share of the Federal Government of that real property.

18 SEC. 208. (a) IN GENERAL.—The Secretary of Com19 merce, acting through the Assistant Secretary for Eco20 nomic Development of the Department of Commerce,

21 shall—

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

23 the demolition of the structures on, and the cleanup

24 and environmental remediation on, the parcel of land

25 described in subsection (b);
69

HR 3019 IH

1 (2) not later than March 31, 1996, complete

2 the demolition, cleanup, and environmental remedi3 ation under paragraph (1); and

4 (3) not later than April 1, 1996, convey the

5 parcel of land described in subsection (b), in accord6 ance with the requirements of section 120(h) of the

7 Comprehensive Environmental Response, Compensa8 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)),

9 to the Tuscaloosa County Industrial Development

10 Authority, on receipt of payment of the fair market

11 value for the parcel by the Authority, as agreed on

12 by the Secretary and the Authority.

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

14 in subsection (a) is the parcel of land consisting of ap15 proximately 41 acres in Holt, Alabama (in Tuscaloosa

16 County), that is generally known as the ‘‘Central Foundry

17 Property’’, as depicted on a map, and as described in a

18 legal description, that the Secretary, acting through the

19 Assistant Secretary for Economic Development, deter20 mines to be satisfactory.

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

22 agency funded under this title resulting from personnel

23 actions taken in response to funding reductions included

24 in this title shall be absorbed within the total budgetary

25 resources available to such Department or agency: Pro-
70

HR 3019 IH

1 vided, That the authority to transfer funds between appro2 priations accounts as may be necessary to carry out this

3 provision is provided in addition to authorities included

4 elsewhere in this Act: Provided further, That use of funds

5 to carry out this section shall be treated as a

6 reprogramming of funds under section 605 of this Act and

7 shall not be available for obligation or expenditure except

8 in compliance with the procedures set forth in that section.

9 SEC. 210. None of the funds appropriated under this

10 Act may be used to develop new fishery management plans

11 or amendments which create new individual transferable

12 quota programs, or to implement any such plans or

13 amendments approved by a Regional Fishery Management

14 Council or the Secretary of Commerce after January 4,

15 1995, until offsetting fees to pay for the cost of admin16 istering such plans or amendments are expressly author17 ized under the Magnuson Fishery Conservation and Man18 agement Act (16 U.S.C. 1801 et seq.).

19 This title may be cited as the ‘‘Department of Com20 merce and Related Agencies Appropriations Act, 1996’’.

21 TITLE III—THE JUDICIARY

22 SUPREME COURT OF THE UNITED STATES

23 SALARIES AND EXPENSES

24 For expenses necessary for the operation of the Su25 preme Court, as required by law, excluding care of the
71

HR 3019 IH

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

2 maintenance and operation of an automobile for the Chief

3 Justice, not to exceed $10,000 for the purpose of trans4 porting Associate Justices, and hire of passenger motor

5 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

6 to exceed $10,000 for official reception and representation

7 expenses; and for miscellaneous expenses, to be expended

8 as the Chief Justice may approve, $25,834,000.

9 CARE OF THE BUILDING AND GROUNDS

10 For such expenditures as may be necessary to enable

11 the Architect of the Capitol to carry out the duties im12 posed upon him by the Act approved May 7, 1934 (40

13 U.S.C. 13a–13b), $3,313,000, of which $500,000 shall re14 main available until expended.

15 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

16 CIRCUIT

17 SALARIES AND EXPENSES

18 For salaries of the chief judge, judges, and other offi19 cers and employees, and for necessary expenses of the

20 court, as authorized by law, $14,288,000.

21 UNITED STATES COURT OF INTERNATIONAL TRADE

22 SALARIES AND EXPENSES

23 For salaries of the chief judge and eight judges, sala24 ries of the officers and employees of the court, services

25 as authorized by 5 U.S.C. 3109, and necessary expenses

26 of the court, as authorized by law, $10,859,000.
72

HR 3019 IH

1 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

2 JUDICIAL SERVICES

3 SALARIES AND EXPENSES

4 For the salaries of circuit and district judges (includ5 ing judges of the territorial courts of the United States),

6 justices and judges retired from office or from regular ac7 tive service, judges of the United States Court of Federal

8 Claims, bankruptcy judges, magistrate judges, and all

9 other officers and employees of the Federal Judiciary not

10 otherwise specifically provided for, and necessary expenses

11 of the courts, as authorized by law, $2,433,141,000 (in12 cluding the purchase of firearms and ammunition); of

13 which not to exceed $13,454,000 shall remain available

14 until expended for space alteration projects; of which not

15 to exceed $10,000,000 shall remain available until ex16 pended for furniture and furnishings related to new space

17 alteration and construction projects; and of which

18 $500,000 is to remain available until expended for acquisi19 tion of books, periodicals, and newspapers, and all other

20 legal reference materials, including subscriptions.

21 In addition, for expenses of the United States Court

22 of Federal Claims associated with processing cases under

23 the National Childhood Vaccine Injury Act of 1986, not

24 to exceed $2,318,000, to be appropriated from the Vaccine

25 Injury Compensation Trust Fund.
73

HR 3019 IH

1 VIOLENT CRIME REDUCTION PROGRAMS

2 For activities of the Federal Judiciary as authorized

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

4 which shall be derived from the Violent Crime Reduction

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

6 Law 103–322.

7 DEFENDER SERVICES

8 For the operation of Federal Public Defender and

9 Community Defender organizations, the compensation and

10 reimbursement of expenses of attorneys appointed to rep11 resent persons under the Criminal Justice Act of 1964,

12 as amended, the compensation and reimbursement of ex13 penses of persons furnishing investigative, expert and

14 other services under the Criminal Justice Act (18 U.S.C.

15 3006A(e)), the compensation (in accordance with Criminal

16 Justice Act maximums) and reimbursement of expenses

17 of attorneys appointed to assist the court in criminal cases

18 where the defendant has waived representation by counsel,

19 the compensation and reimbursement of travel expenses

20 of guardians ad litem acting on behalf of financially eligi21 ble minor or incompetent offenders in connection with

22 transfers from the United States to foreign countries with

23 which the United States has a treaty for the execution

24 of penal sentences, and the compensation of attorneys ap25 pointed to represent jurors in civil actions for the protec26 tion of their employment, as authorized by 28 U.S.C.
74

HR 3019 IH

1 1875(d), $267,217,000, to remain available until ex2 pended as authorized by 18 U.S.C. 3006A(i): Provided,

3 That none of the funds provided in this Act shall be avail4 able for Death Penalty Resource Centers or Post-Convic5 tion Defender Organizations after April 1, 1996.

6 FEES OF JURORS AND COMMISSIONERS

7 For fees and expenses of jurors as authorized by 28

8 U.S.C. 1871 and 1876; compensation of jury commis9 sioners as authorized by 28 U.S.C. 1863; and compensa10 tion of commissioners appointed in condemnation cases

11 pursuant to rule 71A(h) of the Federal Rules of Civil Pro12 cedure (28 U.S.C. Appendix Rule 71A(h)); $59,028,000,

13 to remain available until expended: Provided, That the

14 compensation of land commissioners shall not exceed the

15 daily equivalent of the highest rate payable under section

16 5332 of title 5, United States Code.

17 COURT SECURITY

18 For necessary expenses, not otherwise provided for,

19 incident to the procurement, installation, and maintenance

20 of security equipment and protective services for the Unit21 ed States Courts in courtrooms and adjacent areas, in22 cluding building ingress-egress control, inspection of pack23 ages, directed security patrols, and other similar activities

24 as authorized by section 1010 of the Judicial Improvement

25 and Access to Justice Act (Public Law 100–702);

26 $102,000,000, to be expended directly or transferred to
75

HR 3019 IH

1 the United States Marshals Service which shall be respon2 sible for administering elements of the Judicial Security

3 Program consistent with standards or guidelines agreed

4 to by the Director of the Administrative Office of the Unit5 ed States Courts and the Attorney General.

6 ADMINISTRATIVE OFFICE OF THE UNITED STATES

7 COURTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Administrative Office

10 of the United States Courts as authorized by law, includ11 ing travel as authorized by 31 U.S.C. 1345, hire of a pas12 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

13 advertising and rent in the District of Columbia and else14 where, $47,500,000, of which not to exceed $7,500 is au15 thorized for official reception and representation expenses.

16 FEDERAL JUDICIAL CENTER

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Judicial Cen19 ter, as authorized by Public Law 90–219, $17,914,000;

20 of which $1,800,000 shall remain available through Sep21 tember 30, 1997, to provide education and training to

22 Federal court personnel; and of which not to exceed

23 $1,000 is authorized for official reception and representa24 tion expenses.
76

HR 3019 IH

1 JUDICIAL RETIREMENT FUNDS

2 PAYMENT TO JUDICIARY TRUST FUNDS

3 For payment to the Judicial Officers’ Retirement

4 Fund, as authorized by 28 U.S.C. 377(o), $24,000,000,

5 to the Judicial Survivors’ Annuities Fund, as authorized

6 by 28 U.S.C. 376(c), $7,000,000, and to the United

7 States Court of Federal Claims Judges’ Retirement Fund,

8 as authorized by 28 U.S.C. 178(l), $1,900,000.

9 UNITED STATES SENTENCING COMMISSION

10 SALARIES AND EXPENSES

11 For the salaries and expenses necessary to carry out

12 the provisions of chapter 58 of title 28, United States

13 Code, $8,500,000, of which not to exceed $1,000 is au14 thorized for official reception and representation expenses.

15 GENERAL PROVISIONS—THE JUDICIARY

16 SEC. 301. Appropriations and authorizations made in

17 this title which are available for salaries and expenses shall

18 be available for services as authorized by 5 U.S.C. 3109.

19 SEC. 302. Appropriations made in this title shall be

20 available for salaries and expenses of the Special Court

21 established under the Regional Rail Reorganization Act of

22 1973, Public Law 93–236.

23 SEC. 303. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the Judi25 ciary in this Act may be transferred between such appro-
77

HR 3019 IH

1 priations, but no such appropriation, except ‘‘Courts of

2 Appeals, District Courts, and other Judicial Services, De3 fender Services’’, shall be increased by more than 10 per4 cent by any such transfers: Provided, That any transfer

5 pursuant to this section shall be treated as a

6 reprogramming of funds under section 605 of this Act and

7 shall not be available for obligation or expenditure except

8 in compliance with the procedures set forth in that section.

9 SEC. 304. Notwithstanding any other provision of

10 law, the salaries and expenses appropriation for district

11 courts, courts of appeals, and other judicial services shall

12 be available for official reception and representation ex13 penses of the Judicial Conference of the United States:

14 Provided, That such available funds shall not exceed

15 $10,000 and shall be administered by the Director of the

16 Administrative Office of the United States Courts in his

17 capacity as Secretary of the Judicial Conference.

18 SEC. 305. Section 333 of title 28, United States

19 Code, is amended—

20 (1) in the first paragraph by striking ‘‘shall’’ the

21 first, second, and fourth place it appears and insert22 ing ‘‘may’’; and

23 (2) in the second paragraph—

24 (A) by striking ‘‘shall’’ the first place it ap25 pears and inserting ‘‘may’’; and
78

HR 3019 IH

1 (B) by striking ‘‘, and unless excused by the

2 chief judge, shall remain throughout the con3 ference’’.

4 This title may be cited as ‘‘The Judiciary Appropria5 tions Act, 1996’’.

6 TITLE IV—DEPARTMENT OF STATE AND

7 RELATED AGENCIES

8 DEPARTMENT OF STATE

9 ADMINISTRATION OF FOREIGN AFFAIRS

10 DIPLOMATIC AND CONSULAR PROGRAMS

11 For necessary expenses of the Department of State

12 and the Foreign Service not otherwise provided for, includ13 ing expenses authorized by the State Department Basic

14 Authorities Act of 1956, as amended; representation to

15 certain international organizations in which the United

16 States participates pursuant to treaties, ratified pursuant

17 to the advice and consent of the Senate, or specific Acts

18 of Congress; acquisition by exchange or purchase of pas19 senger motor vehicles as authorized by 31 U.S.C. 1343,

20 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

21 of general administration, $1,708,800,000: Provided, That

22 notwithstanding section 140(a)(5), and the second sen23 tence of section 140(a)(3) of the Foreign Relations Au24 thorization Act, Fiscal Years 1994 and 1995 (Public Law

25 103–236), not to exceed $125,000,000 of fees may be col-
79

HR 3019 IH

1 lected during fiscal year 1996 under the authority of sec2 tion 140(a)(1) of that Act: Provided further, That all fees

3 collected under the preceding proviso shall be deposited

4 in fiscal year 1996 as an offsetting collection to appropria5 tions made under this heading to recover the costs of pro6 viding consular services and shall remain available until

7 expended: Provided further, That starting in fiscal year

8 1997, a system shall be in place that allocates to each

9 department and agency the full cost of its presence outside

10 of the United States.

11 Of the funds provided under this heading,

12 $24,856,000 shall be available only for the Diplomatic

13 Telecommunications Service for operation of existing base

14 services and not to exceed $17,144,000 shall be available

15 only for the enhancement of the Diplomatic Telecommuni16 cations Service and shall remain available until expended.

17 Of the latter amount, $9,600,000 shall not be made avail18 able until expiration of the 15 day period beginning on

19 the date when the Secretary of State and the Director of

20 the Diplomatic Telecommunications Service submit the

21 pilot program report required by section 507 of Public

22 Law 103–317.

23 In addition, not to exceed $700,000 in registration

24 fees collected pursuant to section 38 of the Arms Export

25 Control Act, as amended, may be used in accordance with
80

HR 3019 IH

1 section 45 of the State Department Basic Authorities Act

2 of 1956, 22 U.S.C. 2717; and in addition not to exceed

3 $1,223,000 shall be derived from fees from other executive

4 agencies for lease or use of facilities located at the Inter5 national Center in accordance with section 4 of the Inter6 national Center Act (Public Law 90–553, as amended by

7 section 120 of Public Law 101–246); and in addition not

8 to exceed $15,000 which shall be derived from reimburse9 ments, surcharges, and fees for use of Blair House facili10 ties in accordance with section 46 of the State of Depart11 ment Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).

12 Notwithstanding section 402 of this Act, not to ex13 ceed 20 percent of the amounts made available in this Act

14 in the appropriation accounts, ‘‘Diplomatic and Consular

15 Programs’’ and ‘‘Salaries and Expenses’’ under the head16 ing ‘‘Administration of Foreign Affairs’’ may be trans17 ferred between such appropriation accounts: Provided,

18 That any transfer pursuant to this section shall be treated

19 as a reprogramming of funds under section 605 of this

20 Act and shall not be available for obligation or expenditure

21 except in compliance with the procedures set forth in that

22 section.

23 For an additional amount for security enhancements

24 to counter the threat of terrorism, $9,720,000, to remain

25 available until expended.
81

HR 3019 IH

1 SALARIES AND EXPENSES

2 For expenses necessary for the general administra3 tion of the Department of State and the Foreign Service,

4 provided for by law, including expenses authorized by sec5 tion 9 of the Act of August 31, 1964, as amended (31

6 U.S.C. 3721), and the State Department Basic Authori7 ties Act of 1956, as amended, $363,276,000.

8 For an additional amount for security enhancements

9 to counter the threat of terrorism, $1,870,000, to remain

10 available until expended.

11 CAPITAL INVESTMENT FUND

12 For necessary expenses of the Capital Investment

13 Fund, $16,400,000, to remain available until expended,

14 as authorized in Public Law 103–236: Provided, That sec15 tion 135(e) of Public Law 103–236 shall not apply to

16 funds appropriated under this heading.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General in carrying out the provisions of the Inspector

20 General Act of 1978, as amended (5 U.S.C. App.),

21 $27,369,000, notwithstanding section 209(a)(1) of the

22 Foreign Service Act of 1980 (Public Law 96–465), as it

23 relates to post inspections: Provided, That notwithstand24 ing any other provision of law, (1) the Office of the Inspec25 tor General of the United States Information Agency is

26 hereby merged with the Office of the Inspector General
82

HR 3019 IH

1 of the Department of State; (2) the functions exercised

2 and assigned to the Office of the Inspector General of the

3 United States Information Agency before the effective

4 date of this Act (including all related functions) are trans5 ferred to the Office of the Inspector General of the De6 partment of State; and (3) the Inspector General of the

7 Department of State shall also serve as the Inspector Gen8 eral of the United States Information Agency.

9 REPRESENTATION ALLOWANCES

10 For representation allowances as authorized by sec11 tion 905 of the Foreign Service Act of 1980, as amended

12 (22 U.S.C. 4085), $4,500,000.

13 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

14 For expenses, not otherwise provided, to enable the

15 Secretary of State to provide for extraordinary protective

16 services in accordance with the provisions of section 214

17 of the State Department Basic Authorities Act of 1956

18 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.

19 SECURITY AND MAINTENANCE OF UNITED STATES

20 MISSIONS

21 For necessary expenses for carrying out the Foreign

22 Service Buildings Act of 1926, as amended (22 U.S.C.

23 292–300), and the Diplomatic Security Construction Pro24 gram as authorized by title IV of the Omnibus Diplomatic

25 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

26 $385,760,000, to remain available until expended as au-
83

HR 3019 IH

1 thorized by 22 U.S.C. 2696(c): Provided, That none of the

2 funds appropriated in this paragraph shall be available for

3 acquisition of furniture and furnishings and generators for

4 other departments and agencies.

5 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

6 SERVICE

7 For expenses necessary to enable the Secretary of

8 State to meet unforeseen emergencies arising in the Diplo9 matic and Consular Service pursuant to the requirement

10 of 31 U.S.C. 3526(e), $6,000,000, to remain available

11 until expended as authorized by 22 U.S.C. 2696(c), of

12 which not to exceed $1,000,000 may be transferred to and

13 merged with the Repatriation Loans Program Account,

14 subject to the same terms and conditions.

15 REPATRIATION LOANS PROGRAM ACCOUNT

16 For the cost of direct loans, $593,000, as authorized

17 by 22 U.S.C. 2671: Provided, That such costs, including

18 the cost of modifying such loans, shall be as defined in

19 section 502 of the Congressional Budget Act of 1974. In

20 addition, for administrative expenses necessary to carry

21 out the direct loan program, $183,000 which may be

22 transferred to and merged with the Salaries and Expenses

23 account under Administration of Foreign Affairs.

24 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

25 For necessary expenses to carry out the Taiwan Rela26 tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.
84

HR 3019 IH

1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the Foreign Service Retirement and

4 Disability Fund, as authorized by law, $125,402,000.

5 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For expenses, not otherwise provided for, necessary

8 to meet annual obligations of membership in international

9 multilateral organizations, pursuant to treaties ratified

10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $700,000,000: Pro12 vided, That any payment of arrearages shall be directed

13 toward special activities that are mutually agreed upon by

14 the United States and the respective international organi15 zation: Provided further, That 20 percent of the funds ap16 propriated in this paragraph for the assessed contribution

17 of the United States to the United Nations shall be with18 held from obligation and expenditure until a certification

19 is made under section 401(b) of Public Law 103–236 for

20 fiscal year 1996: Provided further, That certification under

21 section 401(b) of Public Law 103–236 for fiscal year 1996

22 may only be made if the Committees on Appropriations

23 and Foreign Relations of the Senate and the Committees

24 on Appropriations and International Relations of the

25 House of Representatives are notified of the steps taken,
85

HR 3019 IH

1 and anticipated, to meet the requirements of section

2 401(b) of Public Law 103–236 at least 15 days in advance

3 of the proposed certification: Provided further, That none

4 of the funds appropriated in this paragraph shall be avail5 able for a United States contribution to an international

6 organization for the United States share of interest costs

7 made known to the United States Government by such

8 organization for loans incurred on or after October 1,

9 1984, through external borrowings.

10 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

11 ACTIVITIES

12 For necessary expenses to pay assessed and other ex13 penses of international peacekeeping activities directed to

14 the maintenance or restoration of international peace and

15 security, $225,000,000: Provided, That none of the funds

16 made available under this Act shall be obligated or ex17 pended for any new or expanded United Nations peace18 keeping mission unless, at least fifteen days in advance

19 of voting for the new or expanded mission in the United

20 Nations Security Council (or in an emergency, as far in

21 advance as is practicable), (1) the Committees on Appro22 priations of the House of Representatives and the Senate

23 and other appropriate Committees of the Congress are no24 tified of the estimated cost and length of the mission, the

25 vital national interest that will be served, and the planned

26 exit strategy; and (2) a reprogramming of funds pursuant
86

HR 3019 IH

1 to section 605 of this Act is submitted, and the procedures

2 therein followed, setting forth the source of funds that will

3 be used to pay for the cost of the new or expanded mission:

4 Provided further, That funds shall be available for peace5 keeping expenses only upon a certification by the Sec6 retary of State to the appropriate committees of the Con7 gress that American manufacturers and suppliers are

8 being given opportunities to provide equipment, services

9 and material for United Nations peacekeeping activities

10 equal to those being given to foreign manufacturers and

11 suppliers.

12 INTERNATIONAL CONFERENCES AND CONTINGENCIES

13 For necessary expenses authorized by section 5 of the

14 State Department Basic Authorities Act of 1956, in addi15 tion to funds otherwise available for these purposes, con16 tributions for the United States share of general expenses

17 of international organizations and conferences and rep18 resentation to such organizations and conferences as pro19 vided for by 22 U.S.C. 2656 and 2672 and personal serv20 ices without regard to civil service and classification laws

21 as authorized by 5 U.S.C. 5102, $3,000,000, to remain

22 available until expended as authorized by 22 U.S.C.

23 2696(c), of which not to exceed $200,000 may be ex24 pended for representation as authorized by 22 U.S.C.

25 4085.
87

HR 3019 IH

1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for,

3 to meet obligations of the United States arising under

4 treaties, or specific Acts of Congress, as follows:

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section

8 of the International Boundary and Water Commission,

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed

11 $6,000 for representation; as follows:

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for,

14 $12,058,000.

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $6,644,000, to remain available until ex18 pended as authorized by 22 U.S.C. 2696(c).

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided for

21 the International Joint Commission and the International

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and for the Border Environment

25 Cooperation Commission as authorized by Public Law

26 103–182; $5,800,000, of which not to exceed $9,000 shall
88

HR 3019 IH

1 be available for representation expenses incurred by the

2 International Joint Commission.

3 INTERNATIONAL FISHERIES COMMISSIONS

4 For necessary expenses for international fisheries

5 commissions, not otherwise provided for, as authorized by

6 law, $14,669,000: Provided, That the United States share

7 of such expenses may be advanced to the respective com8 missions, pursuant to 31 U.S.C. 3324.

9 OTHER

10 PAYMENT TO THE ASIA FOUNDATION

11 For a grant to the Asia Foundation, as authorized

12 by section 501 of Public Law 101–246, $5,000,000, to

13 remain available until expended as authorized by 22

14 U.S.C. 2696(c).

15 RELATED AGENCIES

16 ARMS CONTROL AND DISARMAMENT AGENCY

17 ARMS CONTROL AND DISARMAMENT ACTIVITIES

18 For necessary expenses not otherwise provided, for

19 arms control, nonproliferation, and disarmament activi20 ties, $32,700,000, of which not to exceed $50,000 shall

21 be for official reception and representation expenses as au22 thorized by the Act of September 26, 1961, as amended

23 (22 U.S.C. 2551 et seq.).
89

HR 3019 IH

1 UNITED STATES INFORMATION AGENCY

2 SALARIES AND EXPENSES

3 For expenses, not otherwise provided for, necessary

4 to enable the United States Information Agency, as au5 thorized by the Mutual Educational and Cultural Ex6 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

7 the United States Information and Educational Exchange

8 Act of 1948, as amended (22 U.S.C. 1431 et seq.) and

9 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

10 carry out international communication, educational and

11 cultural activities; and to carry out related activities au12 thorized by law, including employment, without regard to

13 civil service and classification laws, of persons on a tem14 porary basis (not to exceed $700,000 of this appropria15 tion), as authorized by 22 U.S.C. 1471, and entertain16 ment, including official receptions, within the United

17 States, not to exceed $25,000 as authorized by 22 U.S.C.

18 1474(3); $445,645,000: Provided, That not to exceed

19 $1,400,000 may be used for representation abroad as au20 thorized by 22 U.S.C. 1452 and 4085: Provided further,

21 That not to exceed $7,615,000 to remain available until

22 expended, may be credited to this appropriation from fees

23 or other payments received from or in connection with

24 English teaching, library, motion pictures, and publication

25 programs as authorized by section 810 of the United
90

HR 3019 IH

1 States Information and Educational Exchange Act of

2 1948, as amended: Provided further, That not to exceed

3 $1,700,000 to remain available until expended may be

4 used to carry out projects involving security construction

5 and related improvements for agency facilities not phys6 ically located together with Department of State facilities

7 abroad.

8 TECHNOLOGY FUND

9 For expenses necessary to enable the United States

10 Information Agency to provide for the procurement of in11 formation technology improvements, as authorized by the

12 United States Information and Educational Exchange Act

13 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

14 Educational and Cultural Exchange Act of 1961, as

15 amended (22 U.S.C. 2451 et seq.), and Reorganization

16 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re17 main available until expended.

18 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

19 For expenses of educational and cultural exchange

20 programs, as authorized by the Mutual Educational and

21 Cultural Exchange Act of 1961, as amended (22 U.S.C.

22 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

23 Stat. 1636), $200,000,000, to remain available until ex24 pended as authorized by 22 U.S.C. 2455.
91

HR 3019 IH

1 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

2 FUND

3 For necessary expenses of Eisenhower Exchange Fel4 lowships, Incorporated, as authorized by sections 4 and

5 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

6 U.S.C. 5204–05), all interest and earnings accruing to the

7 Eisenhower Exchange Fellowship Program Trust Fund on

8 or before September 30, 1996, to remain available until

9 expended: Provided, That none of the funds appropriated

10 herein shall be used to pay any salary or other compensa11 tion, or to enter into any contract providing for the pay12 ment thereof, in excess of the rate authorized by 5 U.S.C.

13 5376; or for purposes which are not in accordance with

14 OMB Circulars A–110 (Uniform Administrative Require15 ments) and A–122 (Cost Principles for Non-profit Organi16 zations), including the restrictions on compensation for

17 personal services.

18 ISRAELI ARAB SCHOLARSHIP PROGRAM

19 For necessary expenses of the Israeli Arab Scholar20 ship Program as authorized by section 214 of the Foreign

21 Relations Authorization Act, Fiscal Years 1992 and 1993

22 (22 U.S.C. 2452), all interest and earnings accruing to

23 the Israeli Arab Scholarship Fund on or before September

24 30, 1996, to remain available until expended.
92

HR 3019 IH

1 AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

2 For necessary expenses of American Studies Collec3 tions as authorized by section 235 of the Foreign Rela4 tions Authorization Act, Fiscal Years 1994 and 1995, all

5 interest and earnings accruing to the American Studies

6 Collections Endowment Fund on or before September 30,

7 1996, to remain available until expended.

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For expenses necessary to enable the United States

10 Information Agency, as authorized by the United States

11 Information and Educational Exchange Act of 1948, as

12 amended, the United States International Broadcasting

13 Act of 1994, as amended, and Reorganization Plan No.

14 2 of 1977, to carry out international communication ac15 tivities; $325,191,000, of which $5,000,000 shall remain

16 available until expended, not to exceed $16,000 may be

17 used for official receptions within the United States as au18 thorized by 22 U.S.C. 1474(3), not to exceed $35,000 may

19 be used for representation abroad as authorized by 22

20 U.S.C. 1452 and 4085, and not to exceed $39,000 may

21 be used for official reception and representation expenses

22 of Radio Free Europe/Radio Liberty; and in addition, not

23 to exceed $250,000 from fees as authorized by section 810

24 of the United States Information and Educational Ex25 change Act of 1948, as amended, to remain available until

26 expended for carrying out authorized purposes; and in ad-
93

HR 3019 IH

1 dition, notwithstanding any other provision of law, not to

2 exceed $1,000,000 in monies received (including receipts

3 from advertising, if any) by or for the use of the United

4 States Information Agency from or in connection with

5 broadcasting resources owned by or on behalf of the Agen6 cy, to be available until expended for carrying out author7 ized purposes.

8 BROADCASTING TO CUBA

9 For expenses necessary to enable the United States

10 Information Agency to carry out the Radio Broadcasting

11 to Cuba Act, as amended, the Television Broadcasting to

12 Cuba Act, and the International Broadcasting Act of

13 1994, including the purchase, rent, construction, and im14 provement of facilities for radio and television trans15 mission and reception, and purchase and installation of

16 necessary equipment for radio and television transmission

17 and reception, $24,809,000 to remain available until ex18 pended: Provided, That not later than April 1, 1996, the

19 headquarters of the Office of Cuba Broadcasting shall be

20 relocated from Washington, D.C. to south Florida, and

21 that any funds available under the headings ‘‘Inter22 national Broadcasting Operations’’, ‘‘Broadcasting to

23 Cuba’’, and ‘‘Radio Construction’’ may be available to

24 carry out this relocation.
94

HR 3019 IH

1 RADIO CONSTRUCTION

2 For an additional amount for the purchase, rent, con3 struction, and improvement of facilities for radio trans4 mission and reception and purchase and installation of

5 necessary equipment for radio and television transmission

6 and reception as authorized by 22 U.S.C. 1471,

7 $40,000,000, to remain available until expended as au8 thorized by 22 U.S.C. 1477b(a).

9 EAST-WEST CENTER

10 To enable the Director of the United States Informa11 tion Agency to provide for carrying out the provisions of

12 the Center for Cultural and Technical Interchange Be13 tween East and West Act of 1960 (22 U.S.C. 2054–2057),

14 by grant to the Center for Cultural and Technical Inter15 change Between East and West in the State of Hawaii,

16 $11,750,000: Provided, That none of the funds appro17 priated herein shall be used to pay any salary, or enter

18 into any contract providing for the payment thereof, in

19 excess of the rate authorized by 5 U.S.C. 5376.

20 NORTH/SOUTH CENTER

21 To enable the Director of the United States Informa22 tion Agency to provide for carrying out the provisions of

23 the North/South Center Act of 1991 (22 U.S.C. 2075),

24 by grant to an educational institution in Florida known

25 as the North/South Center, $2,000,000, to remain avail26 able until expended.
95

HR 3019 IH

1 NATIONAL ENDOWMENT FOR DEMOCRACY

2 For grants made by the United States Information

3 Agency to the National Endowment for Democracy as au4 thorized by the National Endowment for Democracy Act,

5 $30,000,000, to remain available until expended.

6 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

7 RELATED AGENCIES

8 SEC. 401. Funds appropriated under this title shall

9 be available, except as otherwise provided, for allowances

10 and differentials as authorized by subchapter 59 of 5

11 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

12 hire of passenger transportation pursuant to 31 U.S.C.

13 1343(b).

14 SEC. 402. Not to exceed 5 percent of any appropria15 tion made available for the current fiscal year for the De16 partment of State in this Act may be transferred between

17 such appropriations, but no such appropriation, except as

18 otherwise specifically provided, shall be increased by more

19 than 10 percent by any such transfers: Provided, That not

20 to exceed 5 percent of any appropriation made available

21 for the current fiscal year for the United States Informa22 tion Agency in this Act may be transferred between such

23 appropriations, but no such appropriation, except as oth24 erwise specifically provided, shall be increased by more

25 than 10 percent by any such transfers: Provided further,
96

HR 3019 IH

1 That any transfer pursuant to this section shall be treated

2 as a reprogramming of funds under section 605 of this

3 Act and shall not be available for obligation or expenditure

4 except in compliance with the procedures set forth in that

5 section.

6 SEC. 403. Funds appropriated or otherwise made

7 available under this Act or any other Act may be expended

8 for compensation of the United States Commissioner of

9 the International Boundary Commission, United States

10 and Canada, only for actual hours worked by such Com11 missioner.

12 SEC. 404. (a) No later than 90 days after enactment

13 of legislation consolidating, reorganizing or downsizing the

14 functions of the Department of State, the United States

15 Information Agency, and the Arms Control and Disar16 mament Agency, the Secretary of State, the Director of

17 the United States Information Agency and the Director

18 of the Arms Control and Disarmament Agency shall sub19 mit to the Committees on Appropriations of the House

20 and the Senate a proposal for transferring or rescinding

21 funds appropriated herein for functions that are consoli22 dated, reorganized or downsized under such legislation:

23 Provided, That such plan shall be transmitted in accord24 ance with section 605 of this Act.
97

HR 3019 IH

1 (b) The Secretary of State, the Director of the United

2 States Information Agency, and the Director of the Arms

3 Control and Disarmament Agency, as appropriate, may

4 use any available funds to cover the costs of actions to

5 consolidate, reorganize or downsize the functions under

6 their authority required by such legislation, and of any

7 related personnel action, including voluntary separation

8 incentives if authorized by such legislation: Provided, That

9 the authority to transfer funds between appropriations ac10 counts that may be necessary to carry out this section is

11 provided in addition to authorities included under section

12 402 of this Act: Provided further, That use of funds to

13 carry out this section shall be treated as a reprogramming

14 of funds under section 605 of this Act and shall not be

15 available for obligation or expenditure except in compli16 ance with the procedures set forth in that section.

17 SEC. 405. (a) Funds appropriated by this Act for the

18 United States Information Agency, the Arms Control and

19 Disarmament Agency, and the Department of State may

20 be obligated and expended notwithstanding section 701 of

21 the United States Information and Educational Exchange

22 Act of 1948 and section 313 of the Foreign Relations Au23 thorization Act, Fiscal Years 1994 and 1995, section 53

24 of the Arms Control and Disarmament Act, and section
98

HR 3019 IH

1 15 of the State Department Basic Authorities Act of

2 1956.

3 (b) Subsection (a) shall cease to be in effect after

4 April 1, 1996.

5 SEC. 406. Section 36(a)(1) of the State Department

6 Authorities Act of 1956, as amended (22 U.S.C. 2708),

7 is amended to delete ‘‘may pay a reward’’ and insert in

8 lieu thereof ‘‘shall establish and publicize a program under

9 which rewards may be paid’’.

10 SEC. 407. Sections 6(a) and 6(b) of Public Law 101–

11 454 are repealed. In addition, notwithstanding any other

12 provision of law, Eisenhower Exchange Fellowships, Incor13 porated, may use one-third of any earned but unused trust

14 income from the period 1992 through 1995 for Fellowship

15 purposes in each of fiscal years 1996 through 1998.

16 SEC. 408. It is the sense of the Senate that none of

17 the funds appropriated or otherwise made available pursu18 ant to this Act should be used for the deployment of com19 bat-equipped forces of the Armed Forces of the United

20 States for any ground operations in Bosnia and

21 Herzegovina unless—

22 (1) Congress approves in advance the deployment

23 of such forces of the Armed Forces; or

24 (2) the temporary deployment of such forces of

25 the Armed Forces of the United States into Bosnia
99

HR 3019 IH

1 and Herzegovina is necessary to evacuate United

2 Nations peacekeeping forces from a situation of im3 minent danger, to undertake emergency air rescue

4 operations, or to provide for the airborne delivery of

5 humanitarian supplies, and the President reports as

6 soon as practicable to Congress after the initiation

7 of the temporary deployment, but in no case later

8 than 48 hours after the initiation of the deployment.

9 SEC. 409. Any costs incurred by a Department or

10 agency funded under this title resulting from personnel

11 actions taken in response to funding reductions included

12 in this title shall be absorbed within the total budgetary

13 resources available to such Department or agency: Pro14 vided, That the authority to transfer funds between appro15 priations accounts as may be necessary to carry out this

16 provision is provided in addition to authorities included

17 elsewhere in this Act: Provided further, That use of funds

18 to carry out this section shall be treated as a

19 reprogramming of funds under section 605 of this Act and

20 shall not be available for obligation or expenditure except

21 in compliance with the procedures set forth in that section.

22 This title may be cited as the ‘‘Department of State

23 and Related Agencies Appropriations Act, 1996’’.
100

HR 3019 IH

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 operat7 ing-differential subsidies as authorized by the Merchant

8 Marine Act, 1936, as amended, $162,610,000, to remain

9 available 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

13 needs of the United States as determined by the Secretary

14 of Defense in consultation with the Secretary of Transpor15 tation, $46,000,000, to remain available until expended:

16 Provided, That these funds will be available only upon en17 actment of 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 avail21 able until expended: Provided, That notwithstanding any

22 other provision of law, the Secretary of Transportation

23 may use proceeds derived from the sale or disposal of Na24 tional Defense Reserve Fleet vessels that are currently col25 lected and retained by the Maritime Administration, to be

26 used for facility and ship maintenance, modernization and
101

HR 3019 IH

1 repair, conversion, acquisition of equipment, and fuel costs

2 necessary to maintain training at the United States Mer3 chant Marine Academy and State maritime academies and

4 may be transferred to the Secretary of the Interior for

5 use as provided in the National Maritime Heritage Act

6 (Public Law 103–451): Provided further, That reimburse7 ments may be made to this appropriation from receipts

8 to the ‘‘Federal Ship Financing Fund’’ for administrative

9 expenses in support of that program in addition to any

10 amount heretofore appropriated.

11 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

12 ACCOUNT

13 For the cost of guaranteed loans, as authorized by

14 the Merchant Marine Act of 1936, $40,000,000, to remain

15 available until expended: Provided, That such costs, in16 cluding the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of

18 1974, as amended: Provided further, That these funds are

19 available to subsidize total loan principal, any part of

20 which is to 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.
102

HR 3019 IH

1 ADMINISTRATIVE PROVISIONS—MARITIME

2 ADMINISTRATION

3 Notwithstanding any other provision of this Act, the

4 Maritime Administration is authorized to furnish utilities

5 and services and make necessary repairs in connection

6 with any lease, contract, or occupancy involving Govern7 ment property under control of the Maritime Administra8 tion, and payments received therefor shall be credited to

9 the appropriation charged with the cost thereof: Provided,

10 That rental payments under any such lease, contract, or

11 occupancy for items other than such utilities, services, or

12 repairs shall be covered into the Treasury as miscellaneous

13 receipts.

14 No obligations shall be incurred during the current

15 fiscal year from the construction fund established by the

16 Merchant Marine Act, 1936, or otherwise, in excess of the

17 appropriations and limitations contained in this Act or in

18 any prior appropriation Act, and all receipts which other19 wise would be deposited to the credit of said fund shall

20 be covered into the Treasury as miscellaneous receipts.
103

HR 3019 IH

1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation

5 of America’s Heritage Abroad, $206,000, as authorized by

6 Public Law 99–83, section 1303.

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil

10 Rights, including hire of passenger motor vehicles,

11 $8,750,000: Provided, That not to exceed $50,000 may

12 be used to employ consultants: Provided further, That

13 none of the funds appropriated in this paragraph shall be

14 used to employ in excess of four full-time individuals under

15 Schedule C of the Excepted Service exclusive of one special

16 assistant for each Commissioner: Provided further, That

17 none of the funds appropriated in this paragraph shall be

18 used to reimburse Commissioners for more than 75

19 billable days, with the exception of the Chairperson who

20 is permitted 125 billable days.

21 COMMISSION ON IMMIGRATION REFORM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Immi24 gration Reform pursuant to section 141(f) of the Immi-
104

HR 3019 IH

1 gration Act of 1990, $1,894,000, to remain available until

2 expended.

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public

8 Law 94–304, $1,090,000, to remain available until ex9 pended as authorized by section 3 of Public Law 99–7.

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Equal Employment

13 Opportunity Commission as authorized by title VII of the

14 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

15 and 621–634), the Americans with Disabilities Act of

16 1990 and the Civil Rights Act of 1991, including services

17 as authorized by 5 U.S.C. 3109; hire of passenger motor

18 vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary

19 awards to private citizens; not to exceed $26,500,000, for

20 payments to State and local enforcement agencies for serv21 ices to the Commission pursuant to title VII of the Civil

22 Rights Act of 1964, as amended, sections 6 and 14 of the

23 Age Discrimination in Employment Act, the Americans

24 with Disabilities Act of 1990, and the Civil Rights Act

25 of 1991; $233,000,000: Provided, That the Commission
105

HR 3019 IH

1 is authorized to make available for official reception and

2 representation expenses not to exceed $2,500 from avail3 able funds.

4 FEDERAL COMMUNICATIONS COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Communica7 tions Commission, as authorized by law, including uni8 forms and allowances therefor, as authorized by 5 U.S.C.

9 5901–02; not to exceed $600,000 for land and structure;

10 not to exceed $500,000 for improvement and care of

11 grounds and repair to buildings; not to exceed $4,000 for

12 official reception and representation expenses; purchase

13 (not to exceed sixteen) and hire of motor vehicles; special

14 counsel fees; and services as authorized by 5 U.S.C. 3109;

15 $175,709,000, of which not to exceed $300,000 shall re16 main available until September 30, 1997, for research and

17 policy studies: Provided, That $116,400,000 of offsetting

18 collections shall be assessed and collected pursuant to sec19 tion 9 of title I of the Communications Act of 1934, as

20 amended, and shall be retained and used for necessary ex21 penses in this appropriation, and shall remain available

22 until expended: Provided further, That the sum herein ap23 propriated shall be reduced as such offsetting collections

24 are received during fiscal year 1996 so as to result in a

25 final fiscal year 1996 appropriation estimated at
106

HR 3019 IH

1 $59,309,000: Provided further, That any offsetting collec2 tions received in excess of $116,400,000 in fiscal year

3 1996 shall remain available until expended, but shall not

4 be available for obligation until October 1, 1996.

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime

8 Commission as authorized by section 201(d) of the Mer9 chant Marine Act of 1936, as amended (46 App. U.S.C.

10 1111), including services as authorized by 5 U.S.C. 3109;

11 hire of passenger motor vehicles as authorized by 31

12 U.S.C. 1343(b); and uniforms or allowances therefor, as

13 authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,

14 That not to exceed $2,000 shall be available for official

15 reception and representation expenses.

16 FEDERAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Trade Com19 mission, including uniforms or allowances therefor, as au20 thorized by 5 U.S.C. 5901–5902; services as authorized

21 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

22 not to exceed $2,000 for official reception and representa23 tion expenses; $79,568,000: Provided, That not to exceed

24 $300,000 shall be available for use to contract with a per25 son or persons for collection services in accordance with
107

HR 3019 IH

1 the terms of 31 U.S.C. 3718, as amended: Provided fur2 ther, That notwithstanding any other provision of law, not

3 to exceed $48,262,000 of offsetting collections derived

4 from fees collected for premerger notification filings under

5 the Hart-Scott-Rodino Antitrust Improvements Act of

6 1976 (15 U.S.C. 18(a)) shall be retained and used for nec7 essary expenses in this appropriation, and shall remain

8 available until expended: Provided further, That the sum

9 herein appropriated from the General Fund shall be re10 duced as such offsetting collections are received during fis11 cal year 1996, so as to result in a final fiscal year 1996

12 appropriation from the General Fund estimated at not

13 more than $31,306,000, to remain available until ex14 pended: Provided further, That any fees received in excess

15 of $48,262,000 in fiscal year 1996 shall remain available

16 until expended, but shall not be available for obligation

17 until October 1, 1996: Provided further, That none of the

18 funds made available to the Federal Trade Commission

19 shall be available for obligation for expenses authorized

20 by section 151 of the Federal Deposit Insurance Corpora21 tion Improvement Act of 1991 (Public Law 102–242, 105

22 Stat. 2282–2285).
108

HR 3019 IH

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

7 amount of Japanese currency not to exceed the equivalent

8 of $1,420,000 based on exchange rates at the time of pay9 ment of such amounts as authorized by Public Law 94–

10 118.

11 LEGAL SERVICES CORPORATION

12 PAYMENT TO THE LEGAL SERVICES CORPORATION

13 For payment to the Legal Services Corporation to

14 carry out the purposes of the Legal Services Corporation

15 Act of 1974, as amended, $278,000,000, of which

16 $266,000,000 is for basic field programs; $7,000,000 is

17 for the Office of the Inspector General, of which

18 $5,500,000 shall remain available until expended and be

19 used to contract with independent public accountants for

20 financial audits of all recipients in accordance with the

21 requirements of section 509 of this Act; and $5,000,000

22 is for management and administration: Provided, That

23 $198,750,000 of the total amount provided under this

24 heading for basic field programs shall not be available ex-
109

HR 3019 IH

1 cept for the competitive award of grants and contracts

2 under section 503 of this Act.

3 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

4 CORPORATION

5 SEC. 501. (a) Funds appropriated under this Act to

6 the Legal Services Corporation for basic field programs

7 shall be distributed as follows:

8 (1) The Corporation shall define geographic

9 areas and make the funds available for each geo10 graphic area on a per capita basis relative to the

11 number of individuals in poverty determined by the

12 Bureau of the Census to be within the geographic

13 area, except as provided in paragraph (2)(B). Funds

14 for such a geographic area may be distributed by the

15 Corporation to 1 or more persons or entities eligible

16 for funding under section 1006(a)(1)(A) of the

17 Legal Services Corporation Act (42 U.S.C.

18 2996e(a)(1)(A)), subject to sections 502 and 504.

19 (2) Funds for grants from the Corporation, and

20 contracts entered into by the Corporation for basic

21 field programs, shall be allocated so as to provide—

22 (A) except as provided in subparagraph

23 (B), an equal figure per individual in poverty

24 for all geographic areas, as determined on the

25 basis of the most recent decennial census of

26 population conducted pursuant to section 141
110

HR 3019 IH

1 of title 13, United States Code (or, in the case

2 of the Republic of Palau, the Federated States

3 of Micronesia, the Republic of the Marshall Is4 lands, Alaska, Hawaii, and the United States

5 Virgin Islands, on the basis of the adjusted

6 population counts historically used as the basis

7 for such determinations); and

8 (B) an additional amount for Native Amer9 ican communities that received assistance under

10 the Legal Services Corporation Act for fiscal

11 year 1995, so that the proportion of the funds

12 appropriated to the Legal Services Corporation

13 for basic field programs for fiscal year 1996

14 that is received by the Native American commu15 nities shall be not less than the proportion of

16 such funds appropriated for fiscal year 1995

17 that was received by the Native American com18 munities.

19 (b) As used in this section:

20 (1) The term ‘‘individual in poverty’’ means an

21 individual who is a member of a family (of 1 or

22 more members) with an income at or below the pov23 erty line.

24 (2) The term ‘‘poverty line’’ means the poverty

25 line (as defined by the Office of Management and
111

HR 3019 IH

1 Budget, and revised annually in accordance with sec2 tion 673(2) of the Community Services Block Grant

3 Act (42 U.S.C. 9902(2)) applicable to a family of

4 the size involved.

5 SEC. 502. None of the funds appropriated in this Act

6 to the Legal Services Corporation shall be used by the

7 Corporation to make a grant, or enter into a contract, for

8 the provision of legal assistance unless the Corporation en9 sures that the person or entity receiving funding to pro10 vide such legal assistance is—

11 (1) a private attorney admitted to practice in a

12 State or the District of Columbia;

13 (2) a qualified nonprofit organization, chartered

14 under the laws of a State or the District of Colum15 bia, that—

16 (A) furnishes legal assistance to eligible

17 clients; and

18 (B) is governed by a board of directors or

19 other governing body, the majority of which is

20 comprised of attorneys who—

21 (i) are admitted to practice in a State

22 or the District of Columbia; and

23 (ii) are appointed to terms of office on

24 such board or body by the governing body

25 of a State, county, or municipal bar asso-
112

HR 3019 IH

1 ciation, the membership of which rep2 resents a majority of the attorneys practic3 ing law in the locality in which the organi4 zation is to provide legal assistance;

5 (3) a State or local government (without regard

6 to section 1006(a)(1)(A)(ii) of the Legal Services

7 Corporation Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or

8 (4) a substate regional planning or coordination

9 agency that serves a substate area and whose gov10 erning board is controlled by locally elected officials.

11 SEC. 503. (a)(1) Not later than April 1, 1996, the

12 Legal Services Corporation shall implement a system of

13 competitive awards of grants and contracts for all basic

14 field programs, which shall apply to all such grants and

15 contracts awarded by the Corporation after March 31,

16 1996, from funds appropriated in this Act.

17 (2) Any grant or contract awarded before April 1,

18 1996, by the Legal Services Corporation to a basic field

19 program for 1996—

20 (A) shall not be for an amount greater than the

21 amount required for the period ending March 31,

22 1996;

23 (B) shall terminate at the end of such period;

24 and
113

HR 3019 IH

1 (C) shall not be renewable except in accordance

2 with the system implemented under paragraph (1).

3 (3) The amount of grants and contracts awarded be4 fore April 1, 1996, by the Legal Services Corporation for

5 basic field programs for 1996 in any geographic area de6 scribed in section 501 shall not exceed an amount equal

to 3 7 ⁄12 of the total amount to be distributed for such pro8 grams for 1996 in such area.

9 (b) Not later than 60 days after the date of enact10 ment of this Act, the Legal Services Corporation shall pro11 mulgate regulations to implement a competitive selection

12 process for the recipients of such grants and contracts.

13 (c) Such regulations shall specify selection criteria for

14 the recipients, which shall include—

15 (1) a demonstration of a full understanding of

16 the basic legal needs of the eligible clients to be

17 served and a demonstration of the capability of serv18 ing the needs;

19 (2) the quality, feasibility, and cost effective20 ness of a plan submitted by an applicant for the de21 livery of legal assistance to the eligible clients to be

22 served; and

23 (3) the experience of the Legal Services Cor24 poration with the applicant, if the applicant has pre25 viously received financial assistance from the Cor-
114

HR 3019 IH

1 poration, including the record of the applicant of

2 past compliance with Corporation policies, practices,

3 and restrictions.

4 (d) Such regulations shall ensure that timely notice

5 regarding an opportunity to submit an application for

6 such an award is published in periodicals of local and

7 State bar associations and in at least 1 daily newspaper

8 of general circulation in the area to be served by the per9 son or entity receiving the award.

10 (e) No person or entity that was previously awarded

11 a grant or contract by the Legal Services Corporation for

12 the provision of legal assistance may be given any pref13 erence in the competitive selection process.

14 (f) For the purposes of the funding provided in this

15 Act, rights under sections 1007(a)(9) and 1011 of the

16 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

17 and 42 U.S.C. 2996j) shall not apply.

18 SEC. 504. (a) None of the funds appropriated in this

19 Act to the Legal Services Corporation may be used to pro20 vide financial assistance to any person or entity (which

21 may be referred to in this section as a ‘‘recipient’’)—

22 (1) that makes available any funds, personnel,

23 or equipment for use in advocating or opposing any

24 plan or proposal, or represents any party or partici25 pates in any other way in litigation, that is intended
115

HR 3019 IH

1 to or has the effect of altering, revising, or reappor2 tioning a legislative, judicial, or elective district at

3 any level of government, including influencing the

4 timing or manner of the taking of a census;

5 (2) that attempts to influence the issuance,

6 amendment, or revocation of any executive order,

7 regulation, or other statement of general applicabil8 ity and future effect by any Federal, State, or local

9 agency;

10 (3) that attempts to influence any part of any

11 adjudicatory proceeding of any Federal, State, or

12 local agency if such part of the proceeding is de13 signed for the formulation or modification of any

14 agency policy of general applicability and future ef15 fect;

16 (4) that attempts to influence the passage or

17 defeat of any legislation, constitutional amendment,

18 referendum, initiative, or any similar procedure of

19 the Congress or a State or local legislative body;

20 (5) that attempts to influence the conduct of

21 oversight proceedings of the Corporation or any per22 son or entity receiving financial assistance provided

23 by the Corporation;

24 (6) that pays for any personal service, adver25 tisement, telegram, telephone communication, letter,
116

HR 3019 IH

1 printed or written matter, administrative expense, or

2 related expense, associated with an activity prohib3 ited in this section;

4 (7) that initiates or participates in a class ac5 tion suit;

6 (8) that files a complaint or otherwise initiates

7 or participates in litigation against a defendant, or

8 engages in a precomplaint settlement negotiation

9 with a prospective defendant, unless—

10 (A) each plaintiff has been specifically

11 identified, by name, in any complaint filed for

12 purposes of such litigation or prior to the

13 precomplaint settlement negotiation; and

14 (B) a statement or statements of facts

15 written in English and, if necessary, in a lan16 guage that the plaintiffs understand, that enu17 merate the particular facts known to the plain18 tiffs on which the complaint is based, have been

19 signed by the plaintiffs, are kept on file by the

20 recipient, and are made available to any Fed21 eral department or agency that is auditing or

22 monitoring the activities of the Corporation or

23 of the recipient, and to any auditor or monitor

24 receiving Federal funds to conduct such audit-
117

HR 3019 IH

1 ing or monitoring, including any auditor or

2 monitor of the Corporation:

3 Provided, That upon establishment of reasonable

4 cause that an injunction is necessary to prevent

5 probable, serious harm to such potential plaintiff, a

6 court of competent jurisdiction may enjoin the dis7 closure of the identity of any potential plaintiff

8 pending the outcome of such litigation or negotia9 tions after notice and an opportunity for a hearing

10 is provided to potential parties to the litigation or

11 the negotiations: Provided further, That other parties

12 to the litigation or negotiation shall have access to

13 the statement of facts referred to in subparagraph

14 (B) only through the discovery process after litiga15 tion has begun;

16 (9) unless—

17 (A) prior to the provision of financial as18 sistance—

19 (i) if the person or entity is a non20 profit organization, the governing board of

21 the person or entity has set specific prior22 ities in writing, pursuant to section

23 1007(a)(2)(C)(i) of the Legal Services

24 Corporation Act (42 U.S.C.

25 2996f(a)(2)(C)(i)), of the types of matters
118

HR 3019 IH

1 and cases to which the staff of the non2 profit organization shall devote time and

3 resources; and

4 (ii) the staff of such person or entity

5 has signed a written agreement not to un6 dertake cases or matters other than in ac7 cordance with the specific priorities set by

8 such governing board, except in emergency

9 situations defined by such board and in ac10 cordance with the written procedures of

11 such board for such situations; and

12 (B) the staff of such person or entity pro13 vides to the governing board on a quarterly

14 basis, and to the Corporation on an annual

15 basis, information on all cases or matters un16 dertaken other than cases or matters under17 taken in accordance with such priorities;

18 (10) unless—

19 (A) prior to receiving the financial assist20 ance, such person or entity agrees to maintain

21 records of time spent on each case or matter

22 with respect to which the person or entity is en23 gaged;

24 (B) any funds, including Interest on Law25 yers Trust Account funds, received from a
119

HR 3019 IH

1 source other than the Corporation by the per2 son or entity, and disbursements of such funds,

3 are accounted for and reported as receipts and

4 disbursements, respectively, separate and dis5 tinct from Corporation funds; and

6 (C) the person or entity agrees (notwith7 standing section 1009(d) of the Legal Services

8 Corporation Act (42 U.S.C. 2996h(d)) to make

9 the records described in this paragraph avail10 able to any Federal department or agency that

11 is auditing or monitoring the activities of the

12 Corporation or of the recipient, and to any

13 independent auditor or monitor receiving Fed14 eral funds to conduct such auditing or monitor15 ing, including any auditor or monitor of the

16 Corporation;

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)

22 of the Immigration and Nationality Act (8

23 U.S.C. 1101(a)(20));

24 (B) an alien who—
120

HR 3019 IH

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

7 lawful permanent resident under the Immi8 gration and Nationality Act (8 U.S.C.

9 1101 et seq.), which application has not

10 been rejected;

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

16 Attorney 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 Nation21 ality Act (8 U.S.C. 1253(h));

22 (E) an alien to whom section 305 of the

23 Immigration Reform and Control Act of 1986

24 (8 U.S.C. 1101 note) applies, but only to the
121

HR 3019 IH

1 extent that the legal assistance provided is the

2 legal assistance described in such section; or

3 (F) an alien who is lawfully present in the

4 United States as a result of being granted con5 ditional entry to the United States before April

6 1, 1980, pursuant to section 203(a)(7) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1153(a)(7)), as in effect on March 31, 1980,

9 because of persecution or fear of persecution on

10 account 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,

15 or a demonstration, including the dissemination of

16 information about such a policy or activity, except

17 that this paragraph shall not be construed to pro18 hibit the provision of training to an attorney or a

19 paralegal to prepare the attorney or paralegal to

20 provide—

21 (A) adequate legal assistance to eligible cli22 ents; or

23 (B) advice to any eligible client as to the

24 legal rights of the client;
122

HR 3019 IH

1 (13) that claims (or whose employee claims), or

2 collects and retains, attorneys’ fees pursuant to any

3 Federal or State law permitting or requiring the

4 awarding of such fees;

5 (14) that participates in any litigation with re6 spect to abortion;

7 (15) that participates in any litigation on behalf

8 of a person incarcerated in a Federal, State, or local

9 prison;

10 (16) that initiates legal representation or par11 ticipates in any other way, in litigation, lobbying, or

12 rulemaking, involving an effort to reform a Federal

13 or State welfare system, except that this paragraph

14 shall not be construed to preclude a recipient from

15 representing an individual eligible client who is seek16 ing specific relief from a welfare agency if such relief

17 does not involve an effort to amend or otherwise

18 challenge existing law in effect on the date of the

19 initiation of the representation;

20 (17) that defends a person in a proceeding to

21 evict the person from a public housing project if—

22 (A) the person has been charged with the

23 illegal sale or distribution of a controlled sub24 stance; and
123

HR 3019 IH

1 (B) the eviction proceeding is brought by a

2 public housing agency because the illegal drug

3 activity of the person threatens the health or

4 safety of another tenant residing in the public

5 housing project or employee of the public hous6 ing agency;

7 (18) unless such person or entity agrees that

8 the person or entity, and the employees of the per9 son or entity, will not accept employment resulting

10 from in-person unsolicited advice to a nonattorney

11 that such nonattorney should obtain counsel or take

12 legal action, and will not refer such nonattorney to

13 another person or entity or an employee of the per14 son or entity, that is receiving financial assistance

15 provided by the Corporation; or

16 (19) unless such person or entity enters into a

17 contractual agreement to be subject to all provisions

18 of Federal law relating to the proper use of Federal

19 funds, the violation of which shall render any grant

20 or contractual agreement to provide funding null

21 and void, and, for such purposes, the Corporation

22 shall be considered to be a Federal agency and all

23 funds provided by the Corporation shall be consid24 ered to be Federal funds provided by grant or con25 tract.
124

HR 3019 IH

1 (b) Nothing in this section shall be construed to pro2 hibit a recipient from using funds from a source other

3 than the Legal Services Corporation for the purpose of

4 contacting, communicating with, or responding to a re5 quest from, a State or local government agency, a State

6 or local legislative body or committee, or a member there7 of, regarding funding for the recipient, including a pend8 ing or proposed legislative or agency proposal to fund such

9 recipient.

10 (c) Not later than 30 days after the date of enact11 ment of this Act, the Legal Services Corporation shall pro12 mulgate a suggested list of priorities that boards of direc13 tors may use in setting priorities under subsection (a)(9).

14 (d)(1) The Legal Services Corporation shall not ac15 cept any non-Federal funds, and no recipient shall accept

16 funds from any source other than the Corporation, unless

17 the Corporation or the recipient, as the case may be, noti18 fies in writing the source of the funds that the funds may

19 not be expended for any purpose prohibited by the Legal

20 Services Corporation Act or this title.

21 (2) Paragraph (1) shall not prevent a recipient

22 from—

23 (A) receiving Indian tribal funds (including

24 funds from private nonprofit organizations for the

25 benefit of Indians or Indian tribes) and expending
125

HR 3019 IH

1 the tribal funds in accordance with the specific pur2 poses for which the tribal funds are provided; or

3 (B) using funds received from a source other

4 than the Legal Services Corporation to provide legal

5 assistance to a covered individual if such funds are

6 used for the specific purposes for which such funds

7 were received, except that such funds may not be ex8 pended by recipients for any purpose prohibited by

9 this Act or by the Legal Services Corporation Act.

10 (e) As used in this section:

11 (1) The term ‘‘controlled substance’’ has the

12 meaning given the term in section 102 of the Con13 trolled Substances Act (21 U.S.C. 802).

14 (2) The term ‘‘covered individual’’ means any

15 person who—

16 (A) except as provided in subparagraph

17 (B), meets the requirements of this Act and the

18 Legal Services Corporation Act relating to eligi19 bility for legal assistance; and

20 (B) may or may not be financially unable

21 to afford legal assistance.

22 (3) The term ‘‘public housing project’’ has the

23 meaning as used within, and the term ‘‘public hous24 ing agency’’ has the meaning given the term, in sec-
126

HR 3019 IH

1 tion 3 of the United States Housing Act of 1937 (42

2 U.S.C. 1437a).

3 SEC. 505. None of the funds appropriated in this Act

4 to the Legal Services Corporation or provided by the Cor5 poration to any entity or person may be used to pay mem6 bership dues to any private or nonprofit organization.

7 SEC. 506. None of the funds appropriated in this Act

8 to the Legal Services Corporation may be used by any per9 son or entity receiving financial assistance from the Cor10 poration to file or pursue a lawsuit against the Corpora11 tion.

12 SEC. 507. None of the funds appropriated in this Act

13 to the Legal Services Corporation may be used for any

14 purpose prohibited or contrary to any of the provisions

15 of authorization legislation for fiscal year 1996 for the

16 Legal Services Corporation that is enacted into law. Upon

17 the enactment of such Legal Services Corporation reau18 thorization legislation, funding provided in this Act shall

19 from that date be subject to the provisions of that legisla20 tion and any provisions in this Act that are inconsistent

21 with that legislation shall no longer have effect.

22 SEC. 508. (a) The requirements of section 504 shall

23 apply to the activities of a recipient described in section

24 504, or an employee of such a recipient, during the provi25 sion of legal assistance for a case or matter, if the recipi-
127

HR 3019 IH

1 ent or employee begins to provide the legal assistance on

2 or after the date of enactment of this Act.

3 (b) If the recipient or employee began to provide legal

4 assistance for the case or matter prior to the date of enact5 ment of this Act—

6 (1) each of the requirements of section 504

7 (other than paragraphs (7), (11), and (15) of sub8 section (a) of such section) shall, beginning on the

9 date of enactment of this Act, apply to the activities

10 of the recipient or employee during the provision of

11 legal assistance for the case or matter; and

12 (2) the requirements of paragraphs (7), (11),

13 and (15) of section 504(a) shall apply—

14 (A) beginning on the date of enactment of

15 this Act, to the activities of the recipient or em16 ployee during the provision of legal assistance

17 for any additional related claim for which the

18 recipient or employee begins to provide legal as19 sistance on or after such date; and

20 (B) beginning July 1, 1996, to all other

21 activities of the recipient or employee during

22 the provision of legal assistance for the case or

23 matter.

24 (c) The Legal Services Corporation shall, every 60

25 days, submit to the Committees on Appropriations of the
128

HR 3019 IH

1 Senate and House of Representatives a report setting

2 forth the status of cases and matters referred to in sub3 section (b)(2).

4 SEC. 509. (a) An audit of each person or entity re5 ceiving financial assistance from the Legal Services Cor6 poration under this Act (referred to in this section as a

7 ‘‘recipient’’) shall be conducted in accordance with gen8 erally accepted government auditing standards and shall

9 report whether—

10 (1) the financial statements of the recipient

11 present fairly its financial position and the results of

12 its financial operations in accordance with generally

13 accepted accounting principles;

14 (2) the recipient has internal control systems to

15 provide reasonable assurance that it is managing

16 funds, regardless of source, in compliance with Fed17 eral laws and regulations; and

18 (3) the recipient has complied with Federal

19 laws and regulations applicable to funds received, re20 gardless of source.

21 (b) In carrying out the requirements of subsection

22 (a)(3), the auditor shall select and test a representative

23 number of transactions. Any noncompliance found by the

24 auditor during the audit under this section shall be re-
129

HR 3019 IH

1 ported within 30 days to the Office of the Inspector Gen2 eral.

3 (c) Audits conducted in accordance with this section

4 shall be in lieu of the financial audits otherwise required

5 by section 1009(c) of the Legal Services Corporation Act

6 (42 U.S.C. 2996h(c)).

7 (d) Notwithstanding section 1006(b)(3) of the Legal

8 Services Corporation Act (42 U.S.C. 2996e(b)(3)), the

9 Legal Services Corporation shall have access to financial

10 records, time records, retainer agreements, client trust

11 fund and eligibility records, and client names, for each re12 cipient, except for reports or records subject to the attor13 ney-client privilege.

14 (e) The Legal Services Corporation shall not disclose

15 any name or document referred to in subsection (d), ex16 cept to—

17 (1) a Federal, State, or local law enforcement

18 official; or

19 (2) an official of an appropriate bar association

20 for the purpose of enabling the official to conduct an

21 investigation of a rule of professional conduct.

22 (f) The requirements of this section shall apply to a

23 recipient for its first fiscal year beginning on or after Jan24 uary 1, 1996.
130

HR 3019 IH

1 MARINE MAMMAL COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Marine Mammal Com4 mission as authorized by title II of Public Law 92–522,

5 as amended, $1,190,000.

6 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY

7 COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Martin Luther King,

10 Jr. Federal Holiday Commission, as authorized by Public

11 Law 98–399, as amended, $350,000: Provided, That this

12 shall be the final Federal payment to the Martin Luther

13 King, Jr. Federal Holiday Commission for operations and

14 necessary closing costs.

15 SECURITIES AND EXCHANGE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Securities and Ex18 change Commission, including services as authorized by

19 5 U.S.C. 3109, the rental of space (to include multiple

20 year leases) in the District of Columbia and elsewhere, and

21 not to exceed $3,000 for official reception and representa22 tion expenses, $287,738,000, of which $3,000,000 is for

23 the Office of Economic Analysis, to be headed by the Chief

24 Economist of the Commission, and of which not to exceed

25 $10,000 may be used toward funding a permanent sec-
131

HR 3019 IH

1 retariat for the International Organization of Securities

2 Commissions, and of which not to exceed $100,000 shall

3 be available for expenses for consultations and meetings

4 hosted by the Commission with foreign governmental and

5 other regulatory officials, members of their delegations,

6 appropriate representatives and staff to exchange views

7 concerning developments relating to securities matters, de8 velopment and implementation of cooperation agreements

9 concerning securities matters and provision of technical

10 assistance for the development of foreign securities mar11 kets, such expenses to include necessary logistic and ad12 ministrative expenses and the expenses of Commission

13 staff and foreign invitees in attendance at such consulta14 tions and meetings including: (i) such incidental expenses

15 as meals taken in the course of such attendance, (ii) any

16 travel and transportation to or from such meetings, and

17 (iii) any other related lodging or subsistence: Provided,

18 That immediately upon enactment of this Act, the rate

19 of fees under section 6(b) of the Securities Act of 1933

20 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one

21 percentum to one-twenty-ninth of one percentum, and

22 such increase shall be deposited as an offsetting collection

23 to this appropriation, to remain available until expended,

24 to recover costs of services of the securities registration

25 process: Provided further, That the total amount appro-
132

HR 3019 IH

1 priated for fiscal year 1996 under this heading shall be

2 reduced as such fees are deposited to this appropriation

3 so as to result in a final total fiscal year 1996 appropria4 tion from the General Fund estimated at not more than

5 $103,445,000: Provided further, That any such fees col6 lected in excess of $184,293,000 shall remain available

7 until expended but shall not be available for obligation

8 until October 1, 1996: Provided further, That $1,000,000

9 of the funds appropriated for the Commission shall be

10 available for the enforcement of the Investment Advisers

11 Act of 1940 in addition to any other appropriated funds

12 designated by the Commission for enforcement of such

13 Act.

14 SMALL BUSINESS ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses, not otherwise provided for,

17 of the Small Business Administration as authorized by

18 Public Law 103–403, including hire of passenger motor

19 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

20 not to exceed $3,500 for official reception and representa21 tion expenses, $219,190,000: Provided, That the Adminis22 trator is authorized to charge fees to cover the cost of pub23 lications developed by the Small Business Administration,

24 and certain loan servicing activities: Provided further,

25 That notwithstanding 31 U.S.C. 3302, revenues received
133

HR 3019 IH

1 from all such activities shall be credited to this account,

2 to be available for carrying out these purposes without fur3 ther appropriations.

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

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

8 as amended by Public Law 100–504), $8,500,000.

9 BUSINESS LOANS PROGRAM ACCOUNT

10 For the cost of direct loans, $4,500,000, and for the

11 cost of guaranteed loans, $156,226,000, as authorized by

12 15 U.S.C. 631 note, of which $1,216,000, to be available

13 until expended, shall be for the Microloan Guarantee Pro14 gram, and of which $40,510,000 shall remain available

15 until September 30, 1997: Provided, That such costs, in16 cluding the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of

18 1974: Provided further, That during fiscal year 1996, com19 mitments to guarantee loans under section 503 of the

20 Small Business Investment Act of 1958, as amended, shall

21 not exceed the amount of financings authorized under sec22 tion 20(n)(2)(B) of the Small Business Act, as amended.

23 In addition, for administrative expenses to carry out

24 the direct and guaranteed loan programs, $92,622,000,

25 which may be transferred to and merged with the appro26 priations for Salaries and Expenses.
134

HR 3019 IH

1 DISASTER LOANS PROGRAM ACCOUNT

2 For the cost of direct loans authorized by section 7(b)

3 of the Small Business Act, as amended, $34,432,000, to

4 remain available until expended: Provided, That such

5 costs, including the cost of modifying such loans, shall be

6 as defined in section 502 of the Congressional Budget Act

7 of 1974.

8 In addition, for administrative expenses to carry out

9 the direct loan program, $71,578,000, which may be

10 transferred to and merged with the appropriations for Sal11 aries and Expenses.

12 SURETY BOND GUARANTEES REVOLVING FUND

13 For additional capital for the ‘‘Surety Bond Guaran14 tees Revolving Fund’’, authorized by the Small Business

15 Investment Act, as amended, $2,530,000, to remain avail16 able without fiscal year limitation as authorized by 15

17 U.S.C. 631 note.

18 ADMINISTRATIVE PROVISION—SMALL BUSINESS

19 ADMINISTRATION

20 SEC. 510. Not to exceed 5 percent of any appropria21 tion made available for the current fiscal year for the

22 Small Business Administration in this Act may be trans23 ferred between such appropriations, but no such appro24 priation shall be increased by more than 10 percent by

25 any such transfers: Provided, That any transfer pursuant

26 to this section shall be treated as a reprogramming of
135

HR 3019 IH

1 funds under section 605 of this Act and shall not be avail2 able for obligation or expenditure except in compliance

3 with the procedures set forth in that section.

4 STATE JUSTICE INSTITUTE

5 SALARIES AND EXPENSES

6 For necessary expenses of the State Justice Institute,

7 as authorized by The State Justice Institute Authorization

8 Act of 1992 (Public Law 102–572 (106 Stat. 4515–

9 4516)), $5,000,000 to remain available until expended:

10 Provided, That not to exceed $2,500 shall be available for

11 official reception and representation expenses.

12 TITLE VI—GENERAL PROVISIONS

13 SEC. 601. No part of any appropriation contained in

14 this Act shall be used for publicity or propaganda purposes

15 not authorized by the Congress.

16 SEC. 602. No part of any appropriation contained in

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

19 SEC. 603. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

22 to those contracts where such expenditures are a matter

23 of public record and available for public inspection, except

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law.
136

HR 3019 IH

1 SEC. 604. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other

5 than those as to which it is held invalid shall not be af6 fected thereby.

7 SEC. 605 (a) None of the funds provided under this

8 Act, or provided under previous Appropriations Acts to the

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 1996, or provided from

11 any accounts in the Treasury of the United States derived

12 by the collection of fees available to the agencies funded

13 by this Act, shall be available for obligation or expenditure

14 through a reprogramming of funds which (1) creates new

15 programs; (2) eliminates a program, project, or activity;

16 (3) increases funds or personnel by any means for any

17 project or activity for which funds have been denied or

18 restricted; (4) relocates an office or employees; (5) reorga19 nizes offices, programs, or activities; or (6) contracts out

20 or privatizes any functions or activities presently per21 formed by Federal employees; unless the Appropriations

22 Committees of both Houses of Congress are notified fif23 teen days in advance of such reprogramming of funds.

24 (b) None of the funds provided under this Act, or

25 provided under previous Appropriations Acts to the agen-
137

HR 3019 IH

1 cies funded by this Act that remain available for obligation

2 or expenditure in fiscal year 1996, or provided from any

3 accounts in the Treasury of the United States derived by

4 the collection of fees available to the agencies funded by

5 this Act, shall be available for obligation or expenditure

6 for activities, programs, or projects through a

7 reprogramming of funds in excess of $500,000 or 10 per8 cent, whichever is less, that (1) augments existing pro9 grams, projects, or activities; (2) reduces by 10 percent

10 funding for any existing program, project, or activity, or

11 numbers of personnel by 10 percent as approved by Con12 gress; or (3) results from any general savings from a re13 duction in personnel which would result in a change in

14 existing programs, activities, or projects as approved by

15 Congress; unless the Appropriations Committees of both

16 Houses of Congress are notified fifteen days in advance

17 of such reprogramming of funds.

18 SEC. 606. None of the funds made available in this

19 Act may be used for the construction, repair (other than

20 emergency repair), overhaul, conversion, or modernization

21 of vessels for the National Oceanic and Atmospheric Ad22 ministration in shipyards located outside of the United

23 States.

24 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

25 EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
138

HR 3019 IH

1 gress that, to the greatest extent practicable, all equip2 ment and products purchased with funds made available

3 in this Act should be American-made.

4 (b) NOTICE REQUIREMENT.—In providing financial

5 assistance to, or entering into any contract with, any en6 tity using funds made available in this Act, the head of

7 each Federal agency, to the greatest extent practicable,

8 shall provide to such entity a notice describing the state9 ment made in subsection (a) by the Congress.

10 SEC. 608. None of the funds made available in this

11 Act may be used to implement, administer, or enforce any

12 guidelines of the Equal Employment Opportunity Com13 mission covering harassment based on religion, when it is

14 made known to the Federal entity or official to which such

15 funds are made available that such guidelines do not differ

16 in any respect from the proposed guidelines published by

17 the Commission on October 1, 1993 (58 Fed. Reg.

18 51266).

19 SEC. 609. None of the funds appropriated or other20 wise made available by this Act may be obligated or ex21 pended to pay for any cost incurred for (1) opening or

22 operating any United States diplomatic or consular post

23 in the Socialist Republic of Vietnam that was not operat24 ing on July 11, 1995; (2) expanding any United States

25 diplomatic or consular post in the Socialist Republic of
139

HR 3019 IH

1 Vietnam that was operating on July 11, 1995; or (3) in2 creasing the total number of personnel assigned to United

3 States diplomatic or consular posts in the Socialist Repub4 lic of Vietnam above the levels existing on July 11, 1995,

5 unless the President certifies within 60 days, based upon

6 all information available to the United States Government

7 that the Government of the Socialist Republic of Vietnam

8 is fully cooperating with the United States in the following

9 four areas:

10 (1) Resolving discrepancy cases, live sightings

11 and field activities,

12 (2) Recovering and repatriating American re13 mains,

14 (3) Accelerating efforts to provide documents

15 that will help lead to fullest possible accounting of

16 POW/MIA’s,

17 (4) Providing further assistance in implement18 ing trilateral investigations with Laos.

19 SEC. 610. None of the funds made available by this

20 Act may be used for any United Nations undertaking

21 when it is made known to the Federal official having au22 thority to obligate or expend such funds (1) that the Unit23 ed Nations undertaking is a peacekeeping mission, (2)

24 that such undertaking will involve United States Armed

25 Forces under the command or operational control of a for-
140

HR 3019 IH

1 eign national, and (3) that the President’s military advi2 sors have not submitted to the President a recommenda3 tion that such involvement is in the national security inter4 ests of the United States and the President has not sub5 mitted to the Congress such a recommendation.

6 SEC. 611. None of the funds made available in this

7 Act shall be used to provide the following amenities or per8 sonal comforts in the Federal prison system—

9 (1) in-cell television viewing except for prisoners

10 who are segregated from the general prison popu11 lation for their own safety;

12 (2) the viewing of R, X, and NC–17 rated mov13 ies, through whatever medium presented;

14 (3) any instruction (live or through broadcasts)

15 or training equipment for boxing, wrestling, judo,

16 karate, or other martial art, or any bodybuilding or

17 weightlifting equipment of any sort;

18 (4) possession of in-cell coffee pots, hot plates,

19 or heating elements; or

20 (5) the use or possession of any electric or elec21 tronic musical instrument.

22 SEC. 612. None of the funds made available in title

23 II for the National Oceanic and Atmospheric Administra24 tion under the heading ‘‘Fleet Modernization, Shipbuild-
141

HR 3019 IH

1 ing and Conversion’’ may be used to implement sections

2 603, 604, and 605 of Public Law 102–567.

3 SEC. 613. None of the funds made available in this

4 Act may be used for ‘‘USIA Television Marti Program’’

5 under the Television Broadcasting to Cuba Act or any

6 other program of United States Government television

7 broadcasts to Cuba, when it is made known to the Federal

8 official having authority to obligate or expend such funds

9 that such use would be inconsistent with the applicable

10 provisions of the March 1995 Office of Cuba Broadcasting

11 Reinventing Plan of the United States Information Agen12 cy.

13 SEC. 614. (a)(1) Section 5002 of title 18, United

14 States Code, is repealed.

15 (2) The table of sections for chapter 401 of title 18,

16 United States Code, is amended by striking out the item

17 relating to the Advisory Corrections Council.

18 (b) This section shall take effect 30 days after the

19 date of the enactment of this Act.

20 SEC. 615. Any costs incurred by a Department or

21 agency funded under this Act resulting from personnel ac22 tions taken in response to funding reductions included in

23 this Act shall be absorbed within the total budgetary re24 sources available to such Department or agency: Provided,

25 That the authority to transfer funds between appropria-
142

HR 3019 IH

1 tions accounts as may be necessary to carry out this provi2 sion is provided in addition to authorities included else3 where in this Act: Provided further, That use of funds to

4 carry out this section shall be treated as a reprogramming

5 of funds under section 605 of this Act and shall not be

6 available for obligation or expenditure except in compli7 ance with the procedures set forth in that section.

8 TITLE VII—RESCISSIONS

9 DEPARTMENT OF JUSTICE

10 GENERAL ADMINISTRATION

11 WORKING CAPITAL FUND

12 (RESCISSION)

13 Of the unobligated balances available under this

14 heading, $65,000,000 are rescinded.

15 DEPARTMENT OF STATE

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

18 (RESCISSION)

19 Of the unobligated balances available under this

20 heading, $60,000,000 are rescinded.

21 RELATED AGENCIES

22 UNITED STATES INFORMATION AGENCY

23 RADIO CONSTRUCTION

24 (RESCISSION)

25 Of the unobligated balances available under this

26 heading, $7,400,000 are rescinded.
143

HR 3019 IH

1 TITLE VIII—PRISON LITIGATION REFORM

2 SEC. 801. SHORT TITLE.

3 This title may be cited as the ‘‘Prison Litigation Re4 form Act of 1995’’.

5 SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI6 TIONS.

7 (a) IN GENERAL.—Section 3626 of title 18, United

8 States Code, is amended to read as follows:

9 ‘‘§ 3626. Appropriate remedies with respect to prison

10 conditions

11 ‘‘(a) REQUIREMENTS FOR RELIEF.—

12 ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective

13 relief in any civil action with respect to prison condi14 tions shall extend no further than necessary to cor15 rect the violation of the Federal right of a particular

16 plaintiff or plaintiffs. The court shall not grant or

17 approve any prospective relief unless the court finds

18 that such relief is narrowly drawn, extends no fur19 ther than necessary to correct the violation of the

20 Federal right, and is the least intrusive means nec21 essary to correct the violation of the Federal right.

22 The court shall give substantial weight to any ad23 verse impact on public safety or the operation of a

24 criminal justice system caused by the relief.
144

HR 3019 IH

1 ‘‘(B) The court shall not order any prospective

2 relief that requires or permits a government official

3 to exceed his or her authority under State or local

4 law or otherwise violates State or local law, unless—

5 ‘‘(i) Federal law permits such relief to be

6 ordered in violation of State or local law;

7 ‘‘(ii) the relief is necessary to correct the

8 violation of a Federal right; and

9 ‘‘(iii) no other relief will correct the viola10 tion of the Federal right.

11 ‘‘(C) Nothing in this section shall be construed

12 to authorize the courts, in exercising their remedial

13 powers, to order the construction of prisons or the

14 raising of taxes, or to repeal or detract from other15 wise applicable limitations on the remedial powers of

16 the courts.

17 ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In

18 any civil action with respect to prison conditions, to

19 the extent otherwise authorized by law, the court

20 may enter a temporary restraining order or an order

21 for preliminary injunctive relief. Preliminary injunc22 tive relief must be narrowly drawn, extend no fur23 ther than necessary to correct the harm the court

24 finds requires preliminary relief, and be the least in25 trusive means necessary to correct that harm. The
145

HR 3019 IH

1 court shall give substantial weight to any adverse

2 impact on public safety or the operation of a crimi3 nal justice system caused by the preliminary relief

4 and shall respect the principles of comity set out in

5 paragraph (1)(B) in tailoring any preliminary relief.

6 Preliminary injunctive relief shall automatically ex7 pire on the date that is 90 days after its entry, un8 less the court makes the findings required under

9 subsection (a)(1) for the entry of prospective relief

10 and makes the order final before the expiration of

11 the 90-day period.

12 ‘‘(3) PRISONER RELEASE ORDER.—(A) In any

13 civil action with respect to prison conditions, no pris14 oner release order shall be entered unless—

15 ‘‘(i) a court has previously entered an

16 order for less intrusive relief that has failed to

17 remedy the deprivation of the Federal right

18 sought to be remedied through the prisoner re19 lease order; and

20 ‘‘(ii) the defendant has had a reasonable

21 amount of time to comply with the previous

22 court orders.

23 ‘‘(B) In any civil action in Federal court with

24 respect to prison conditions, a prisoner release order

25 shall be entered only by a three-judge court in ac-
146

HR 3019 IH

1 cordance with section 2284 of title 28, if the require2 ments of subparagraph (E) have been met.

3 ‘‘(C) A party seeking a prisoner release order in

4 Federal court shall file with any request for such re5 lief, a request for a three-judge court and materials

6 sufficient to demonstrate that the requirements of

7 subparagraph (A) have been met.

8 ‘‘(D) If the requirements under subparagraph

9 (A) have been met, a Federal judge before whom a

10 civil action with respect to prison conditions is pend11 ing who believes that a prison release order should

12 be considered may sua sponte request the convening

13 of a three-judge court to determine whether a pris14 oner release order should be entered.

15 ‘‘(E) The three-judge court shall enter a pris16 oner release order only if the court finds by clear

17 and convincing evidence that—

18 ‘‘(i) crowding is the primary cause of the

19 violation of a Federal right; and

20 ‘‘(ii) no other relief will remedy the viola21 tion of the Federal right.

22 ‘‘(F) Any State or local official or unit of gov23 ernment whose jurisdiction or function includes the

24 appropriation of funds for the construction, oper25 ation, or maintenance of program facilities, or the
147

HR 3019 IH

1 prosecution or custody of persons who may be re2 leased from, or not admitted to, a prison as a result

3 of a prisoner release order shall have standing to op4 pose the imposition or continuation in effect of such

5 relief and to seek termination of such relief, and

6 shall have the right to intervene in any proceeding

7 relating to such relief.

8 ‘‘(b) TERMINATION OF RELIEF.—

9 ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—

10 (A) In any civil action with respect to prison condi11 tions in which prospective relief is ordered, such re12 lief shall be terminable upon the motion of any party

13 or intervener—

14 ‘‘(i) 2 years after the date the court grant15 ed or approved the prospective relief;

16 ‘‘(ii) 1 year after the date the court has

17 entered an order denying termination of pro18 spective relief under this paragraph; or

19 ‘‘(iii) in the case of an order issued on or

20 before the date of enactment of the Prison Liti21 gation Reform Act, 2 years after such date of

22 enactment.

23 ‘‘(B) Nothing in this section shall prevent the

24 parties from agreeing to terminate or modify relief
148

HR 3019 IH

1 before the relief is terminated under subparagraph

2 (A).

3 ‘‘(2) IMMEDIATE TERMINATION OF PROSPEC4 TIVE RELIEF.—In any civil action with respect to

5 prison conditions, a defendant or intervener shall be

6 entitled to the immediate termination of any pro7 spective relief if the relief was approved or granted

8 in the absence of a finding by the court that the re9 lief is narrowly drawn, extends no further than nec10 essary to correct the violation of the Federal right,

11 and is the least intrusive means necessary to correct

12 the violation of the Federal right.

13 ‘‘(3) LIMITATION.—Prospective relief shall not

14 terminate if the court makes written findings based

15 on the record that prospective relief remains nec16 essary to correct a current or ongoing violation of

17 the Federal right, extends no further than necessary

18 to correct the violation of the Federal right, and

19 that the prospective relief is narrowly drawn and the

20 least intrusive means to correct the violation.

21 ‘‘(4) TERMINATION OR MODIFICATION OF RE22 LIEF.—Nothing in this section shall prevent any

23 party or intervener from seeking modification or ter24 mination before the relief is terminable under para-
149

HR 3019 IH

1 graph (1) or (2), to the extent that modification or

2 termination would otherwise be legally permissible.

3 ‘‘(c) SETTLEMENTS.—

4 ‘‘(1) CONSENT DECREES.—In any civil action

5 with respect to prison conditions, the court shall not

6 enter or approve a consent decree unless it complies

7 with the limitations on relief set forth in subsection

8 (a).

9 ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—

10 (A) Nothing in this section shall preclude parties

11 from entering into a private settlement agreement

12 that does not comply with the limitations on relief

13 set forth in subsection (a), if the terms of that

14 agreement are not subject to court enforcement

15 other than the reinstatement of the civil proceeding

16 that the agreement settled.

17 ‘‘(B) Nothing in this section shall preclude any

18 party claiming that a private settlement agreement

19 has been breached from seeking in State court any

20 remedy available under State law.

21 ‘‘(d) STATE LAW REMEDIES.—The limitations on

22 remedies in this section shall not apply to relief entered

23 by a State court based solely upon claims arising under

24 State law.
150

HR 3019 IH

1 ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PRO2 SPECTIVE RELIEF.—

3 ‘‘(1) GENERALLY.—The court shall promptly

4 rule on any motion to modify or terminate prospec5 tive relief in a civil action with respect to prison con6 ditions.

7 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

8 subject to a pending motion shall be automatically

9 stayed during the period—

10 ‘‘(A)(i) beginning on the 30th day after

11 such motion is filed, in the case of a motion

12 made under paragraph (1) or (2) of subsection

13 (b); or

14 ‘‘(ii) beginning on the 180th day after such

15 motion is filed, in the case of a motion made

16 under any other law; and

17 ‘‘(B) ending on the date the court enters

18 a final order ruling on the motion.

19 ‘‘(f) SPECIAL MASTERS.—

20 ‘‘(1) IN GENERAL.—(A) In any civil action in a

21 Federal court with respect to prison conditions, the

22 court may appoint a special master who shall be dis23 interested and objective and who will give due regard

24 to the public safety, to conduct hearings on the

25 record and prepare proposed findings of fact.
151

HR 3019 IH

1 ‘‘(B) The court shall appoint a special master

2 under this subsection during the remedial phase of

3 the action only upon a finding that the remedial

4 phase will be sufficiently complex to warrant the ap5 pointment.

6 ‘‘(2) APPOINTMENT.—(A) If the court deter7 mines that the appointment of a special master is

8 necessary, the court shall request that the defendant

9 institution and the plaintiff each submit a list of not

10 more than 5 persons to serve as a special master.

11 ‘‘(B) Each party shall have the opportunity to

12 remove up to 3 persons from the opposing party’s

13 list.

14 ‘‘(C) The court shall select the master from the

15 persons remaining on the list after the operation of

16 subparagraph (B).

17 ‘‘(3) INTERLOCUTORY APPEAL.—Any party

18 shall have the right to an interlocutory appeal of the

19 judge’s selection of the special master under this

20 subsection, on the ground of partiality.

21 ‘‘(4) COMPENSATION.—The compensation to be

22 allowed to a special master under this section shall

23 be based on an hourly rate not greater than the

24 hourly rate established under section 3006A for pay25 ment of court-appointed counsel, plus costs reason-
152

HR 3019 IH

1 ably incurred by the special master. Such compensa2 tion and costs shall be paid with funds appropriated

3 to the Judiciary.

4 ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In

5 any civil action with respect to prison conditions in

6 which a special master is appointed under this sub7 section, the court shall review the appointment of

8 the special master every 6 months to determine

9 whether the services of the special master continue

10 to be required under paragraph (1). In no event

11 shall the appointment of a special master extend be12 yond the termination of the relief.

13 ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—

14 A special master appointed under this subsection—

15 ‘‘(A) may be authorized by a court to con16 duct hearings and prepare proposed findings of

17 fact, which shall be made on the record;

18 ‘‘(B) shall not make any findings or com19 munications ex parte;

20 ‘‘(C) may be authorized by a court to as21 sist in the development of remedial plans; and

22 ‘‘(D) may be removed at any time, but

23 shall be relieved of the appointment upon the

24 termination of relief.

25 ‘‘(g) DEFINITIONS.—As used in this section—
153

HR 3019 IH

1 ‘‘(1) the term ‘consent decree’ means any relief

2 entered by the court that is based in whole or in

3 part upon the consent or acquiescence of the parties

4 but does not include private settlements;

5 ‘‘(2) the term ‘civil action with respect to prison

6 conditions’ means any civil proceeding arising under

7 Federal law with respect to the conditions of con8 finement or the effects of actions by government of9 ficials on the lives of persons confined in prison, but

10 does not include habeas corpus proceedings challeng11 ing the fact or duration of confinement in prison;

12 ‘‘(3) the term ‘prisoner’ means any person sub13 ject to incarceration, detention, or admission to any

14 facility who is accused of, convicted of, sentenced

15 for, or adjudicated delinquent for, violations of

16 criminal law or the terms and conditions of parole,

17 probation, pretrial release, or diversionary program;

18 ‘‘(4) the term ‘prisoner release order’ includes

19 any order, including a temporary restraining order

20 or preliminary injunctive relief, that has the purpose

21 or effect of reducing or limiting the prison popu22 lation, or that directs the release from or

23 nonadmission of prisoners to a prison;

24 ‘‘(5) the term ‘prison’ means any Federal,

25 State, or local facility that incarcerates or detains
154

HR 3019 IH

1 juveniles or adults accused of, convicted of, sen2 tenced for, or adjudicated delinquent for, violations

3 of criminal law;

4 ‘‘(6) the term ‘private settlement agreement’

5 means an agreement entered into among the parties

6 that is not subject to judicial enforcement other than

7 the reinstatement of the civil proceeding that the

8 agreement settled;

9 ‘‘(7) the term ‘prospective relief’ means all re10 lief other than compensatory monetary damages;

11 ‘‘(8) the term ‘special master’ means any per12 son appointed by a Federal court pursuant to Rule

13 53 of the Federal Rules of Civil Procedure or pursu14 ant to any inherent power of the court to exercise

15 the powers of a master, regardless of the title or de16 scription given by the court; and

17 ‘‘(9) the term ‘relief’ means all relief in any

18 form that may be granted or approved by the court,

19 and includes consent decrees but does not include

20 private settlement agreements.’’.

21 (b) APPLICATION OF AMENDMENT.—

22 (1) IN GENERAL.—Section 3626 of title 18,

23 United States Code, as amended by this section,

24 shall apply with respect to all prospective relief

25 whether such relief was originally granted or ap-
155

HR 3019 IH

1 proved before, on, or after the date of the enactment

2 of this title.

3 (2) TECHNICAL AMENDMENT.—Subsections (b)

4 and (d) of section 20409 of the Violent Crime Con5 trol and Law Enforcement Act of 1994 are repealed.

6 (c) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of subchapter C of chapter 229 of title

8 18, United States Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.

9 SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU10 TIONALIZED PERSONS ACT.

11 (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of

12 the Civil Rights of Institutionalized Persons Act (42

13 U.S.C. 1997a(c)) (referred to in this section as the ‘‘Act’’)

14 is amended to read as follows:

15 ‘‘(c) The Attorney General shall personally sign any

16 complaint filed pursuant to this section.’’.

17 (b) CERTIFICATION REQUIREMENTS.—Section 4 of

18 the Act (42 U.S.C. 1997b) is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘he’’ each place it appears

21 and inserting ‘‘the Attorney General’’; and

22 (B) by striking ‘‘his’’ and inserting ‘‘the

23 Attorney General’s’’; and

24 (2) by amending subsection (b) to read as fol25 lows:
156

HR 3019 IH

1 ‘‘(b) The Attorney General shall personally sign any

2 certification made pursuant to this section.’’.

3 (c) INTERVENTION IN ACTIONS.—Section 5 of the

4 Act (42 U.S.C. 1997c) is amended—

5 (1) in subsection (b)—

6 (A) in paragraph (1), by striking ‘‘he’’

7 each place it appears and inserting ‘‘the Attor8 ney General’’; and

9 (B) by amending paragraph (2) to read as

10 follows:

11 ‘‘(2) The Attorney General shall personally sign any

12 certification made pursuant to this section.’’; and

13 (2) by amending subsection (c) to read as fol14 lows:

15 ‘‘(c) The Attorney General shall personally sign any

16 motion to intervene made pursuant to this section.’’.

17 (d) SUITS BY PRISONERS.—Section 7 of the Act (42

18 U.S.C. 1997e) is amended to read as follows:

19 ‘‘SEC. 7. SUITS BY PRISONERS.

20 ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM21 EDIES.—No action shall be brought with respect to prison

22 conditions under section 1979 of the Revised Statutes of

23 the United States (42 U.S.C. 1983), or any other Federal

24 law, by a prisoner confined in any jail, prison, or other
157

HR 3019 IH

1 correctional facility until such administrative remedies as

2 are available are exhausted.

3 ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO

4 ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure

5 of a State to adopt or adhere to an administrative griev6 ance procedure shall not constitute the basis for an action

7 under section 3 or 5 of this Act.

8 ‘‘(c) DISMISSAL.—(1) The court shall on its own mo9 tion or on the motion of a party dismiss any action

10 brought with respect to prison conditions under section

11 1979 of the Revised Statutes of the United States (42

12 U.S.C. 1983), or any other Federal law, by a prisoner con13 fined in any jail, prison, or other correctional facility if

14 the court is satisfied that the action is frivolous, malicious,

15 fails to state a claim upon which relief can be granted,

16 or seeks monetary relief from a defendant who is immune

17 from such relief.

18 ‘‘(2) In the event that a claim is, on its face, frivolous,

19 malicious, fails to state a claim upon which relief can be

20 granted, or seeks monetary relief from a defendant who

21 is immune from such relief, the court may dismiss the un22 derlying claim without first requiring the exhaustion of ad23 ministrative remedies.

24 ‘‘(d) ATTORNEY’S FEES.—(1) In any action brought

25 by a prisoner who is confined to any jail, prison, or other
158

HR 3019 IH

1 correctional facility, in which attorney’s fees are author2 ized under section 2 of the Revised Statutes of the United

3 States (42 U.S.C. 1988), such fees shall not be awarded,

4 except to the extent that—

5 ‘‘(A) the fee was directly and reasonably in6 curred in proving an actual violation of the plain7 tiff’s rights protected by a statute pursuant to which

8 a fee may be awarded under section 2 of the Revised

9 Statutes; and

10 ‘‘(B)(i) the amount of the fee is proportionately

11 related to the court ordered relief for the violation;

12 or

13 ‘‘(ii) the fee was directly and reasonably in14 curred in enforcing the relief ordered for the viola15 tion.

16 ‘‘(2) Whenever a monetary judgment is awarded in

17 an action described in paragraph (1), a portion of the

18 judgment (not to exceed 25 percent) shall be applied to

19 satisfy the amount of attorney’s fees awarded against the

20 defendant. If the award of attorney’s fees is not greater

21 than 150 percent of the judgment, the excess shall be paid

22 by the defendant.

23 ‘‘(3) No award of attorney’s fees in an action de24 scribed in paragraph (1) shall be based on an hourly rate

25 greater than 150 percent of the hourly rate established
159

HR 3019 IH

1 under section 3006A of title 18, United States Code, for

2 payment of court-appointed counsel.

3 ‘‘(4) Nothing in this subsection shall prohibit a pris4 oner from entering into an agreement to pay an attorney’s

5 fee in an amount greater than the amount authorized

6 under this subsection, if the fee is paid by the individual

7 rather than by the defendant pursuant to section 2 of the

8 Revised Statutes of the United States (42 U.S.C. 1988).

9 ‘‘(e) LIMITATION ON RECOVERY.—No Federal civil

10 action may be brought by a prisoner confined in a jail,

11 prison, or other correctional facility, for mental or emo12 tional injury suffered while in custody without a prior

13 showing of physical injury.

14 ‘‘(f) HEARINGS.—(1) To the extent practicable, in

15 any action brought with respect to prison conditions in

16 Federal court pursuant to section 1979 of the Revised

17 Statutes of the United States (42 U.S.C. 1983), or any

18 other Federal law, by a prisoner confined in any jail, pris19 on, or other correctional facility, pretrial proceedings in

20 which the prisoner’s participation is required or permitted

21 shall be conducted by telephone, video conference, or other

22 telecommunications technology without removing the pris23 oner from the facility in which the prisoner is confined.

24 ‘‘(2) Subject to the agreement of the official of the

25 Federal, State, or local unit of government with custody
160

HR 3019 IH

1 over the prisoner, hearings may be conducted at the facil2 ity in which the prisoner is confined. To the extent prac3 ticable, the court shall allow counsel to participate by tele4 phone, video conference, or other communications tech5 nology in any hearing held at the facility.

6 ‘‘(g) WAIVER OF REPLY.—(1) Any defendant may

7 waive the right to reply to any action brought by a pris8 oner confined in any jail, prison, or other correctional fa9 cility under section 1979 of the Revised Statutes of the

10 United States (42 U.S.C. 1983) or any other Federal law.

11 Notwithstanding any other law or rule of procedure, such

12 waiver shall not constitute an admission of the allegations

13 contained in the complaint. No relief shall be granted to

14 the plaintiff unless a reply has been filed.

15 ‘‘(2) The court may require any defendant to reply

16 to a complaint brought under this section if it finds that

17 the plaintiff has a reasonable opportunity to prevail on the

18 merits.

19 ‘‘(h) DEFINITION.—As used in this section, the term

20 ‘prisoner’ means any person incarcerated or detained in

21 any facility who is accused of, convicted of, sentenced for,

22 or adjudicated delinquent for, violations of criminal law

23 or the terms and conditions of parole, probation, pretrial

24 release, or diversionary program.’’.
161

HR 3019 IH

1 (e) REPORT TO CONGRESS.—Section 8 of the Act (42

2 U.S.C. 1997f) is amended by striking ‘‘his report’’ and

3 inserting ‘‘the report’’.

4 (f) NOTICE TO FEDERAL DEPARTMENTS.—Section

5 10 of the Act (42 U.S.C. 1997h) is amended—

6 (1) by striking ‘‘his action’’ and inserting ‘‘the

7 action’’; and

8 (2) by striking ‘‘he is satisfied’’ and inserting

9 ‘‘the Attorney General is satisfied’’.

10 SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

11 (a) FILING FEES.—Section 1915 of title 28, United

12 States Code, is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘(a) Any’’ and inserting

15 ‘‘(a)(1) Subject to subsection (b), any’’;

16 (B) by striking ‘‘and costs’’;

17 (C) by striking ‘‘makes affidavit’’ and in18 serting ‘‘submits an affidavit that includes a

19 statement of all assets such prisoner possesses’’;

20 (D) by striking ‘‘such costs’’ and inserting

21 ‘‘such fees’’;

22 (E) by striking ‘‘he’’ each place it appears

23 and inserting ‘‘the person’’;

24 (F) by adding immediately after paragraph

25 (1), the following new paragraph:
162

HR 3019 IH

1 ‘‘(2) A prisoner seeking to bring a civil action or ap2 peal a judgment in a civil action or proceeding without

3 prepayment of fees or security therefor, in addition to fil4 ing the affidavit filed under paragraph (1), shall submit

5 a certified copy of the trust fund account statement (or

6 institutional equivalent) for the prisoner for the 6-month

7 period immediately preceding the filing of the complaint

8 or notice of appeal, obtained from the appropriate official

9 of each prison at which the prisoner is or was confined.’’;

10 and

11 (G) by striking ‘‘An appeal’’ and inserting

12 ‘‘(3) An appeal’’;

13 (2) by redesignating subsections (b), (c), (d),

14 and (e) as subsections (c), (d), (e), and (f), respec15 tively;

16 (3) by inserting after subsection (a) the follow17 ing new subsection:

18 ‘‘(b)(1) Notwithstanding subsection (a), if a prisoner

19 brings a civil action or files an appeal in forma pauperis,

20 the prisoner shall be required to pay the full amount of

21 a filing fee. The court shall assess and, when funds exist,

22 collect, as a partial payment of any court fees required

23 by law, an initial partial filing fee of 20 percent of the

24 greater of—
163

HR 3019 IH

1 ‘‘(A) the average monthly deposits to the pris2 oner’s account; or

3 ‘‘(B) the average monthly balance in the pris4 oner’s account for the 6-month period immediately

5 preceding the filing of the complaint or notice of ap6 peal.

7 ‘‘(2) After payment of the initial partial filing fee,

8 the prisoner shall be required to make monthly payments

9 of 20 percent of the preceding month’s income credited

10 to the prisoner’s account. The agency having custody of

11 the prisoner shall forward payments from the prisoner’s

12 account to the clerk of the court each time the amount

13 in the account exceeds $10 until the filing fees are paid.

14 ‘‘(3) In no event shall the filing fee collected exceed

15 the amount of fees permitted by statute for the commence16 ment of a civil action or an appeal of a civil action or

17 criminal judgment.

18 ‘‘(4) In no event shall a prisoner be prohibited from

19 bringing a civil action or appealing a civil or criminal judg20 ment for the reason that the prisoner has no assets and

21 no means by which to pay the initial partial filing fee.’’;

22 (4) in subsection (c), as redesignated by para23 graph (2), by striking ‘‘subsection (a) of this sec24 tion’’ and inserting ‘‘subsections (a) and (b) and the
164

HR 3019 IH

1 prepayment of any partial filing fee as may be re2 quired under subsection (b)’’; and

3 (5) by amending subsection (e), as redesignated

4 by paragraph (2), to read as follows:

5 ‘‘(e)(1) The court may request an attorney to rep6 resent any person unable to afford counsel.

7 ‘‘(2) Notwithstanding any filing fee, or any portion

8 thereof, that may have been paid, the court shall dismiss

9 the case at any time if the court determines that—

10 ‘‘(A) the allegation of poverty is untrue; or

11 ‘‘(B) the action or appeal—

12 ‘‘(i) is frivolous or malicious;

13 ‘‘(ii) fails to state a claim on which relief

14 may be granted; or

15 ‘‘(iii) seeks monetary relief against a de16 fendant who is immune from such relief.’’.

17 (b) EXCEPTION TO DISCHARGE OF DEBT IN BANK18 RUPTCY PROCEEDING.—Section 523(a) of title 11, United

19 States Code, is amended—

20 (1) in paragraph (16), by striking the period at

21 the end and inserting ‘‘; or’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(17) for a fee imposed by a court for the filing

25 of a case, motion, complaint, or appeal, or for other
165

HR 3019 IH

1 costs and expenses assessed with respect to such fil2 ing, regardless of an assertion of poverty by the

3 debtor under section 1915 (b) or (f) of title 28, or

4 the debtor’s status as a prisoner, as defined in sec5 tion 1915(h) of title 28.’’.

6 (c) COSTS.—Section 1915(f) of title 28, United

7 States Code (as redesignated by subsection (a)(2)), is

8 amended—

9 (1) by striking ‘‘(f) Judgment’’ and inserting

10 ‘‘(f)(1) Judgment’’;

11 (2) by striking ‘‘cases’’ and inserting ‘‘proceed12 ings’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(2)(A) If the judgment against a prisoner includes

16 the payment of costs under this subsection, the prisoner

17 shall be required to pay the full amount of the costs or18 dered.

19 ‘‘(B) The prisoner shall be required to make pay20 ments for costs under this subsection in the same manner

21 as is provided for filing fees under subsection (a)(2).

22 ‘‘(C) In no event shall the costs collected exceed the

23 amount of the costs ordered by the court.’’.
166

HR 3019 IH

1 (d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,

2 United States Code, is amended by adding at the end the

3 following new subsection:

4 ‘‘(g) In no event shall a prisoner bring a civil action

5 or appeal a judgment in a civil action or proceeding under

6 this section if the prisoner has, on 3 or more prior occa7 sions, while incarcerated or detained in any facility,

8 brought an action or appeal in a court of the United

9 States that was dismissed on the grounds that it is frivo10 lous, malicious, or fails to state a claim upon which relief

11 may be granted, unless the prisoner is under imminent

12 danger of serious physical injury.’’.

13 (e) DEFINITION.—Section 1915 of title 28, United

14 States Code, is amended by adding at the end the follow15 ing new subsection:

16 ‘‘(h) As used in this section, the term ‘prisoner’

17 means any person incarcerated or detained in any facility

18 who is accused of, convicted of, sentenced for, or adju19 dicated delinquent for, violations of criminal law or the

20 terms and conditions of parole, probation, pretrial release,

21 or diversionary program.’’.

22 SEC. 805. JUDICIAL SCREENING.

23 (a) IN GENERAL.—Chapter 123 of title 28, United

24 States Code, is amended by inserting after section 1915

25 the following new section:
167

HR 3019 IH

1 ‘‘§ 1915A. Screening

2 ‘‘(a) SCREENING.—The court shall review, before

3 docketing, if feasible or, in any event, as soon as prac4 ticable after docketing, a complaint in a civil action in

5 which a prisoner seeks redress from a governmental entity

6 or officer or employee of a governmental entity.

7 ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the

8 court shall identify cognizable claims or dismiss the com9 plaint, or any portion of the complaint, if the complaint—

10 ‘‘(1) is frivolous, malicious, or fails to state a

11 claim upon which relief may be granted; or

12 ‘‘(2) seeks monetary relief from a defendant

13 who is immune from such relief.

14 ‘‘(c) DEFINITION.—As used in this section, the term

15 ‘prisoner’ means any person incarcerated or detained in

16 any facility who is accused of, convicted of, sentenced for,

17 or adjudicated delinquent for, violations of criminal law

18 or the terms and conditions of parole, probation, pretrial

19 release, or diversionary program.’’.

20 (b) TECHNICAL AMENDMENT.—The analysis for

21 chapter 123 of title 28, United States Code, is amended

22 by inserting after the item relating to section 1915 the

23 following new item:

‘‘1915A. Screening.’’.
168

HR 3019 IH

1 SEC. 806. FEDERAL TORT CLAIMS.

2 Section 1346(b) of title 28, United States Code, is

3 amended—

4 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;

5 and

6 (2) by adding at the end the following:

7 ‘‘(2) No person convicted of a felony who is incarcer8 ated while awaiting sentencing or while serving a sentence

9 may bring a civil action against the United States or an

10 agency, officer, or employee of the Government, for mental

11 or emotional injury suffered while in custody without a

12 prior showing of physical injury.’’.

13 SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION

14 OF PENDING RESTITUTION ORDERS.

15 Any compensatory damages awarded to a prisoner in

16 connection with a civil action brought against any Federal,

17 State, or local jail, prison, or correctional facility or

18 against any official or agent of such jail, prison, or correc19 tional facility, shall be paid directly to satisfy any out20 standing restitution orders pending against the prisoner.

21 The remainder of any such award after full payment of

22 all pending restitution orders shall be forwarded to the

23 prisoner.
169

HR 3019 IH

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

2 AWARD.

3 Prior to payment of any compensatory damages

4 awarded to a prisoner in connection with a civil action

5 brought against any Federal, State, or local jail, prison,

6 or correctional facility or against any official or agent of

7 such jail, prison, or correctional facility, reasonable efforts

8 shall be made to notify the victims of the crime for which

9 the prisoner was convicted and incarcerated concerning

10 the pending payment of any such compensatory damages.

11 SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CRED12 IT REVOCATION.

13 (a) IN GENERAL.—Chapter 123 of title 28, United

14 States Code, is amended by adding at the end the follow15 ing new section:

16 ‘‘§ 1932. Revocation of earned release credit

17 ‘‘In any civil action brought by an adult convicted of

18 a crime and confined in a Federal correctional facility, the

19 court may order the revocation of such earned good time

20 credit under section 3624(b) of title 18, United States

21 Code, that has not yet vested, if, on its own motion or

22 the motion of any party, the court finds that—

23 ‘‘(1) the claim was filed for a malicious pur24 pose;

25 ‘‘(2) the claim was filed solely to harass the

26 party against which it was filed; or
170

HR 3019 IH

1 ‘‘(3) the claimant testifies falsely or otherwise

2 knowingly presents false evidence or information to

3 the court.’’.

4 (b) TECHNICAL AMENDMENT.—The analysis for

5 chapter 123 of title 28, United States Code, is amended

6 by inserting after the item relating to section 1931 the

7 following:

‘‘1932. Revocation of earned release credit.’’.

8 (c) AMENDMENT OF SECTION 3624 OF TITLE 18.—

9 Section 3624(b) of title 18, United States Code, is amend10 ed—

11 (1) in paragraph (1)—

12 (A) by striking the first sentence;

13 (B) in the second sentence—

14 (i) by striking ‘‘A prisoner’’ and in15 serting ‘‘Subject to paragraph (2), a pris16 oner’’;

17 (ii) by striking ‘‘for a crime of vio18 lence,’’; and

19 (iii) by striking ‘‘such’’;

20 (C) in the third sentence, by striking ‘‘If

21 the Bureau’’ and inserting ‘‘Subject to para22 graph (2), if the Bureau’’;

23 (D) by striking the fourth sentence and in24 serting the following: ‘‘In awarding credit under

25 this section, the Bureau shall consider whether
171

HR 3019 IH

1 the prisoner, during the relevant period, has

2 earned, or is making satisfactory progress to3 ward earning, a high school diploma or an

4 equivalent degree.’’; and

5 (E) in the sixth sentence, by striking

6 ‘‘Credit for the last’’ and inserting ‘‘Subject to

7 paragraph (2), credit for the last’’; and

8 (2) by amending paragraph (2) to read as fol9 lows:

10 ‘‘(2) Notwithstanding any other law, credit

11 awarded under this subsection after the date of en12 actment of the Prison Litigation Reform Act shall

13 vest on the date the prisoner is released from cus14 tody.’’.

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 there22 by.

23 This Act may be cited as the ‘‘Departments of Com24 merce, Justice, and State, the Judiciary, and Related

25 Agencies Appropriations Act, 1996.’’.
172

HR 3019 IH

1 (b) Such amounts as may be necessary for programs,

2 projects or activities provided for in the Department of

3 the Interior and Related Agencies Appropriations Act,

4 1996, at a rate of operations and to the extent and in

5 the manner provided for, the provisions of such Act to be

6 effective as if it had been enacted into law as the regular

7 appropriations Act, as follows:

8 AN ACT

9 Making appropriations for the Department of the In10 terior and related agencies for the fiscal year ending Sep11 tember 30, 1996, and for other purposes.

12 TITLE I—DEPARTMENT OF THE INTERIOR

13 BUREAU OF LAND MANAGEMENT

14 MANAGEMENT OF LANDS AND RESOURCES

15 For expenses necessary for protection, use, improve16 ment, development, disposal, cadastral surveying, classi17 fication, acquisition of easements and other interests in

18 lands, and performance of other functions, including main19 tenance of facilities, as authorized by law, in the manage20 ment of lands and their resources under the jurisdiction

21 of the Bureau of Land Management, including the general

22 administration of the Bureau, and assessment of mineral

23 potential of public lands pursuant to Public Law 96–487

24 (16 U.S.C. 3150(a)), $567,152,000, to remain available

25 until expended, of which $2,000,000 shall be available for
173

HR 3019 IH

1 assessment of the mineral potential of public lands in

2 Alaska pursuant to section 1010 of Public Law 96–487

3 (16 U.S.C. 3150), and of which not more than $599,999

4 shall be available to the Needles Resources Area for the

5 management of the East Mojave National Scenic Area, as

6 defined by the Bureau of Land Management prior to Octo7 ber 1, 1994, in the California Desert District of the Bu8 reau of Land Management, and of which $4,000,000 shall

9 be derived from the special receipt account established by

10 section 4 of the Land and Water Conservation Fund Act

11 of 1965, as amended (16 U.S.C. 460l–6a(i)): Provided,

12 That appropriations herein made shall not be available for

13 the destruction of healthy, unadopted, wild horses and

14 burros in the care of the Bureau or its contractors; and

15 in addition, $27,650,000 for Mining Law Administration

16 program operations, to remain available until expended,

17 to be reduced by amounts collected by the Bureau of Land

18 Management and credited to this appropriation from an19 nual mining claim fees so as to result in a final appropria20 tion estimated at not more than $567,152,000: Provided

21 further, That in addition to funds otherwise available, and

22 to remain available until expended, not to exceed

23 $5,000,000 from annual mining claim fees shall be cred24 ited to this account for the costs of administering the min-
174

HR 3019 IH

1 ing claim fee program, and $2,000,000 from communica2 tion site rental fees established by the Bureau.

3 WILDLAND FIRE MANAGEMENT

4 For necessary expenses for fire use and management,

5 fire preparedness, emergency presuppression, suppression

6 operations, emergency rehabilitation, and renovation or

7 construction of fire facilities in the Department of the In8 terior, $235,924,000, to remain available until expended,

9 of which not to exceed $5,025,000, shall be available for

10 the renovation or construction of fire facilities: Provided,

11 That notwithstanding any other provision of law, persons

12 hired pursuant to 43 U.S.C. 1469 may be furnished sub13 sistence and lodging without cost from funds available

14 from this appropriation: Provided further, That such funds

15 are also available for repayment of advances to other ap16 propriation accounts from which funds were previously

17 transferred for such purposes: Provided further, That un18 obligated balances of amounts previously appropriated to

19 the Fire Protection and Emergency Department of the In20 terior Firefighting Fund may be transferred or merged

21 with this appropriation.

22 CENTRAL HAZARDOUS MATERIALS FUND

23 For expenses necessary for use by the Department

24 of the Interior and any of its component offices and bu25 reaus for the remedial action, including associated activi26 ties, of hazardous waste substances, pollutants, or con-
175

HR 3019 IH

1 taminants pursuant to the Comprehensive Environmental

2 Response, Compensation and Liability Act, as amended

3 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

4 until expended: Provided, That, notwithstanding 31

5 U.S.C. 3302, sums recovered from or paid by a party in

6 advance of or as reimbursement for remedial action or re7 sponse activities conducted by the Department pursuant

8 to sections 107 or 113(f) of the Comprehensive Environ9 mental Response, Compensation and Liability Act, as

10 amended (42 U.S.C. 9607 or 9613(f)), shall be credited

11 to this account and shall be available without further ap12 propriation and shall remain available until expended: Pro13 vided further, That such sums recovered from or paid by

14 any party are not limited to monetary payments and may

15 include stocks, bonds or other personal or real property,

16 which may be retained, liquidated, or otherwise disposed

17 of by the Secretary of the Interior and which shall be cred18 ited to this account.

19 CONSTRUCTION AND ACCESS

20 For acquisition of lands and interests therein, and

21 construction of buildings, recreation facilities, roads,

22 trails, and appurtenant facilities, $3,115,000, to remain

23 available until expended.

24 PAYMENTS IN LIEU OF TAXES

25 For expenses necessary to implement the Act of Octo26 ber 20, 1976, as amended (31 U.S.C. 6901–07),
176

HR 3019 IH

1 $101,500,000, of which not to exceed $400,000 shall be

2 available for administrative expenses.

3 LAND ACQUISITION

4 For expenses necessary to carry out the provisions

5 of sections 205, 206, and 318(d) of Public Law 94–579

6 including administrative expenses and acquisition of lands

7 or waters, or interests therein, $12,800,000 to be derived

8 from the Land and Water Conservation Fund, to remain

9 available until expended.

10 OREGON AND CALIFORNIA GRANT LANDS

11 For expenses necessary for management, protection,

12 and development of resources and for construction, oper13 ation, and maintenance of access roads, reforestation, and

14 other improvements on the revested Oregon and California

15 Railroad grant lands, on other Federal lands in the Or16 egon and California land-grant counties of Oregon, and

17 on adjacent rights-of-way; and acquisition of lands or in18 terests therein including existing connecting roads on or

19 adjacent to such grant lands; $93,379,000, to remain

20 available until expended: Provided, That 25 per centum

21 of the aggregate of all receipts during the current fiscal

22 year from the revested Oregon and California Railroad

23 grant lands is hereby made a charge against the Oregon

24 and California land-grant fund and shall be transferred

25 to the General Fund in the Treasury in accordance with
177

HR 3019 IH

1 the provisions of the second paragraph of subsection (b)

2 of title II of the Act of August 28, 1937 (50 Stat. 876).

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of

5 lands and interests therein, and improvement of Federal

6 rangelands pursuant to section 401 of the Federal Land

7 Policy and Management Act of 1976 (43 U.S.C. 1701),

8 notwithstanding any other Act, sums equal to 50 per cen9 tum of all moneys received during the prior fiscal year

10 under sections 3 and 15 of the Taylor Grazing Act (43

11 U.S.C. 315 et seq.) and the amount designated for range

12 improvements from grazing fees and mineral leasing re13 ceipts from Bankhead-Jones lands transferred to the De14 partment of the Interior pursuant to law, but not less than

15 $9,113,000, to remain available until expended: Provided,

16 That not to exceed $600,000 shall be available for admin17 istrative expenses.

18 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

19 For administrative expenses and other costs related

20 to processing application documents and other authoriza21 tions for use and disposal of public lands and resources,

22 for costs of providing copies of official public land docu23 ments, for monitoring construction, operation, and termi24 nation of facilities in conjunction with use authorizations,

25 and for rehabilitation of damaged property, such amounts

26 as may be collected under sections 209(b), 304(a), 304(b),
178

HR 3019 IH

1 305(a), and 504(g) of the Act approved October 21, 1976

2 (43 U.S.C. 1701), and sections 101 and 203 of Public

3 Law 93–153, to be immediately available until expended:

4 Provided, That notwithstanding any provision to the con5 trary of section 305(a) of the Act of October 21, 1976

6 (43 U.S.C. 1735(a)), any moneys that have been or will

7 be received pursuant to that section, whether as a result

8 of forfeiture, compromise, or settlement, if not appropriate

9 for refund pursuant to section 305(c) of that Act (43

10 U.S.C. 1735(c)), shall be available and may be expended

11 under the authority of this or subsequent appropriations

12 Acts by the Secretary to improve, protect, or rehabilitate

13 any public lands administered through the Bureau of

14 Land Management which have been damaged by the ac15 tion of a resource developer, purchaser, permittee, or any

16 unauthorized person, without regard to whether all mon17 eys collected from each such forfeiture, compromise, or

18 settlement are used on the exact lands damage to which

19 led to the forfeiture, compromise, or settlement: Provided

20 further, That such moneys are in excess of amounts need21 ed to repair damage to the exact land for which collected.

22 MISCELLANEOUS TRUST FUNDS

23 In addition to amounts authorized to be expended

24 under existing law, there is hereby appropriated such

25 amounts as may be contributed under section 307 of the

26 Act of October 21, 1976 (43 U.S.C. 1701), and such
179

HR 3019 IH

1 amounts as may be advanced for administrative costs, sur2 veys, appraisals, and costs of making conveyances of omit3 ted lands under section 211(b) of that Act, to remain

4 available until expended.

5 ADMINISTRATIVE PROVISIONS

6 Appropriations for the Bureau of Land Management

7 shall be available for purchase, erection, and dismantle8 ment of temporary structures, and alteration and mainte9 nance of necessary buildings and appurtenant facilities to

10 which the United States has title; up to $100,000 for pay11 ments, at the discretion of the Secretary, for information

12 or evidence concerning violations of laws administered by

13 the Bureau of Land Management; miscellaneous and

14 emergency expenses of enforcement activities authorized

15 or approved by the Secretary and to be accounted for sole16 ly on his certificate, not to exceed $10,000: Provided, That

17 notwithstanding 44 U.S.C. 501, the Bureau may, under

18 cooperative cost-sharing and partnership arrangements

19 authorized by law, procure printing services from coopera20 tors in connection with jointly-produced publications for

21 which the cooperators share the cost of printing either in

22 cash or in services, and the Bureau determines the co23 operator is capable of meeting accepted quality standards.
180

HR 3019 IH

1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For expenses necessary for scientific and economic

4 studies, conservation, management, investigations, protec5 tion, and utilization of fishery and wildlife resources, ex6 cept whales, seals, and sea lions, and for the performance

7 of other authorized functions related to such resources; for

8 the general administration of the United States Fish and

9 Wildlife Service; and for maintenance of the herd of long10 horned cattle on the Wichita Mountains Wildlife Refuge;

11 and not less than $1,000,000 for high priority projects

12 within the scope of the approved budget which shall be

13 carried out by the Youth Conservation Corps as author14 ized by the Act of August 13, 1970, as amended by Public

15 Law 93–408, $497,670,000, to remain available for obli16 gation until September 30, 1997, of which $11,557,000

17 shall be available until expended for operation and mainte18 nance of fishery mitigation facilities constructed by the

19 Corps of Engineers under the Lower Snake River Com20 pensation Plan, authorized by the Water Resources Devel21 opment Act of 1976 (90 Stat. 2921), to compensate for

22 loss of fishery resources from water development projects

23 on the Lower Snake River: Provided, That unobligated

24 and unexpended balances in the Resource Management ac25 count at the end of fiscal year 1995, shall be merged with
181

HR 3019 IH

1 and made a part of the fiscal year 1996 Resource Manage2 ment appropriation, and shall remain available for obliga3 tion until September 30, 1997: Provided further, That no

4 monies appropriated under this Act or any other law shall

5 be used to implement subsections (a), (b), (c), (e), (g),

6 or (i) of section 4 of the Endangered Species Act of 1973

7 (16 U.S.C. 1533), until such time as legislation reauthor8 izing the Act is enacted or until the end of fiscal year

9 1996, whichever is earlier, except that monies appro10 priated under this Act may be used to delist or reclassify

11 species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),

12 and 4(c)(2)(B)(ii) of the Act.

13 CONSTRUCTION

14 For construction and acquisition of buildings and

15 other facilities required in the conservation, management,

16 investigation, protection, and utilization of fishery and

17 wildlife resources, and the acquisition of lands and inter18 ests therein; $37,655,000, to remain available until ex19 pended.

20 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

21 To conduct natural resource damage assessment ac22 tivities by the Department of the Interior necessary to

23 carry out the provisions of the Comprehensive Environ24 mental Response, Compensation, and Liability Act, as

25 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu26 tion Control Act, as amended (33 U.S.C. 1251, et seq.),
182

HR 3019 IH

1 the Oil Pollution Act of 1990 (Public Law 101–380), and

2 the Act of July 27, 1990 (Public Law 101–337);

3 $4,000,000, to remain available until expended: Provided,

4 That sums provided by any party in fiscal year 1996 and

5 thereafter are not limited to monetary payments and may

6 include stocks, bonds or other personal or real property,

7 which may be retained, liquidated or otherwise disposed

8 of by the Secretary and such sums or properties shall be

9 utilized for the restoration of injured resources, and to

10 conduct new damage assessment activities.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

13 of the Land and Water Conservation Fund Act of 1965,

14 as amended (16 U.S.C. 460l–4–11), including administra15 tive expenses, and for acquisition of land or waters, or in16 terest therein, in accordance with statutory authority ap17 plicable to the United States Fish and Wildlife Service,

18 $45,400,000, to be derived from the Land and Water Con19 servation Fund, to remain available until expended.

20 COOPERATIVE ENDANGERED SPECIES CONSERVATION

21 FUND

22 For expenses necessary to carry out the provisions

23 of the Endangered Species Act of 1973 (16 U.S.C. 1531–

24 1543), as amended by Public Law 100–478, $8,085,000

25 for grants to States, to be derived from the Cooperative
183

HR 3019 IH

1 Endangered Species Conservation Fund, and to remain

2 available until expended.

3 NATIONAL WILDLIFE REFUGE FUND

4 For expenses necessary to implement the Act of Octo5 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

6 REWARDS AND OPERATIONS

7 For expenses necessary to carry out the provisions

8 of the African Elephant Conservation Act (16 U.S.C.

9 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

10 1538), $600,000, to remain available until expended.

11 NORTH AMERICAN WETLANDS CONSERVATION FUND

12 For expenses necessary to carry out the provisions

13 of the North American Wetlands Conservation Act, Public

14 Law 101–233, $6,750,000, to remain available until ex15 pended.

16 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

17 WILDLIFE FUND

18 For carrying out section 206(f) of Public Law 101–

19 618, such sums as have previously been credited or may

20 be credited hereafter to the Lahontan Valley and Pyramid

21 Lake Fish and Wildlife Fund, to be available until ex22 pended without further appropriation.

23 RHINOCEROS AND TIGER CONSERVATION FUND

24 For deposit to the Rhinoceros and Tiger Conserva25 tion Fund, $200,000, to remain available until expended,

26 to be available to carry out the provisions of the Rhinoc-
184

HR 3019 IH

1 eros and Tiger Conservation Act of 1994 (Public Law

2 103–391).

3 WILDLIFE CONSERVATION AND APPRECIATION FUND

4 For deposit to the Wildlife Conservation and Appre5 ciation Fund, $800,000, to remain available until ex6 pended.

7 ADMINISTRATIVE PROVISIONS

8 Appropriations and funds available to the United

9 States Fish and Wildlife Service shall be available for pur10 chase of not to exceed 113 passenger motor vehicles; not

11 to exceed $400,000 for payment, at the discretion of the

12 Secretary, for information, rewards, or evidence concern13 ing violations of laws administered by the United States

14 Fish and Wildlife Service, and miscellaneous and emer15 gency expenses of enforcement activities, authorized or ap16 proved by the Secretary and to be accounted for solely on

17 his certificate; repair of damage to public roads within and

18 adjacent to reservation areas caused by operations of the

19 United States Fish and Wildlife Service; options for the

20 purchase of land at not to exceed $1 for each option; facili21 ties incident to such public recreational uses on conserva22 tion areas as are consistent with their primary purpose;

23 and the maintenance and improvement of aquaria, build24 ings, and other facilities under the jurisdiction of the Unit25 ed States Fish and Wildlife Service and to which the Unit26 ed States has title, and which are utilized pursuant to law
185

HR 3019 IH

1 in connection with management and investigation of fish

2 and wildlife resources: Provided, That notwithstanding 44

3 U.S.C. 501, the Service may, under cooperative cost shar4 ing and partnership arrangements authorized by law, pro5 cure printing services from cooperators in connection with

6 jointly-produced publications for which the cooperators

7 share at least one-half the cost of printing either in cash

8 or services and the Service determines the cooperator is

9 capable of meeting accepted quality standards: Provided

10 further, That the United States Fish and Wildlife Service

11 may accept donated aircraft as replacements for existing

12 aircraft: Provided further, That notwithstanding any other

13 provision of law, the Secretary of the Interior may not

14 spend any of the funds appropriated in this Act for the

15 purchase of lands or interests in lands to be used in the

16 establishment of any new unit of the National Wildlife

17 Refuge System unless the purchase is approved in advance

18 by the House and Senate Committees on Appropriations

19 in compliance with the reprogramming procedures con20 tained in House Report 103–551: Provided further, That

21 none of the funds made available in this Act may be used

22 by the U. S. Fish and Wildlife Service to impede or delay

23 the issuance of a wetlands permit by the U. S. Army Corps

24 of Engineers to the City of Lake Jackson, Texas, for the

25 development of a public golf course west of Buffalo Camp
186

HR 3019 IH

1 Bayou between the Brazos River and Highway 332: Pro2 vided further, That the Director of the Fish and Wildlife

3 Service may charge reasonable fees for expenses to the

4 Federal Government for providing training by the Na5 tional Education and Training Center: Provided further,

6 That all training fees collected shall be available to the

7 Director, until expended, without further appropriation, to

8 be used for the costs of training and education provided

9 by the National Education and Training Center: Provided

10 further, That with respect to lands leased for farming pur11 suant to Public Law 88–567, if for any reason the Sec12 retary disapproves for use in 1996 or does not finally ap13 prove for use in 1996 any pesticide or chemical which was

14 approved for use in 1995 or had been requested for use

15 in 1996 by the submission of a pesticide use proposal as

16 of September 19, 1995, none of the funds in this Act may

17 be used to develop, implement, or enforce regulations or

18 policies (including pesticide use proposals) related to the

19 use of chemicals and pest management that are more re20 strictive than the requirements of applicable State and

21 Federal laws related to the use of chemicals and pest man22 agement practices on non-Federal lands.
187

HR 3019 IH

1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, oper4 ation, and maintenance of areas and facilities adminis5 tered by the National Park Service (including special road

6 maintenance service to trucking permittees on a reimburs7 able basis), and for the general administration of the Na8 tional Park Service, including not to exceed $1,593,000

9 for the Volunteers-in-Parks program, and not less than

10 $1,000,000 for high priority projects within the scope of

11 the approved budget which shall be carried out by the

12 Youth Conservation Corps as authorized by the Act of Au13 gust 13, 1970, as amended by Public Law 93–408,

14 $1,086,014,000, without regard to the Act of August 24,

15 1912, as amended (16 U.S.C. 451), of which not to exceed

16 $72,000,000, to remain available until expended is to be

17 derived from the special fee account established pursuant

18 to title V, section 5201, of Public Law 100–203, and of

19 which not more than $500,000 shall be available for devel20 opment of the National Park Service’s management plan

21 for the Mojave National Preserve: Provided, That these

22 funds shall be strictly limited to the development activities

23 for the Preserve’s management plan.

24 NATIONAL RECREATION AND PRESERVATION

25 For expenses necessary to carry out recreation pro26 grams, natural programs, cultural programs, environ-
188

HR 3019 IH

1 mental compliance and review, international park affairs,

2 statutory or contractual aid for other activities, and grant

3 administration, not otherwise provided for, $37,649,000:

4 Provided, That $236,000 of the funds provided herein are

5 for the William O. Douglas Outdoor Education Center,

6 subject to authorization.

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the provisions

9 of the Historic Preservation Act of 1966 (80 Stat. 915),

10 as amended (16 U.S.C. 470), $36,212,000, to be derived

11 from the Historic Preservation Fund, established by sec12 tion 108 of that Act, as amended, to remain available for

13 obligation until September 30, 1997.

14 CONSTRUCTION

15 For construction, improvements, repair or replace16 ment of physical facilities, $143,225,000, to remain avail17 able until expended: Provided, That not to exceed

18 $4,500,000 of the funds provided herein shall be paid to

19 the Army Corps of Engineers for modifications authorized

20 by section 104 of the Everglades National Park Protection

21 and Expansion Act of 1989: Provided further, That funds

22 provided under this head, derived from the Historic Pres23 ervation Fund, established by the Historic Preservation

24 Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470),

25 may be available until expended to render sites safe for

26 visitors and for building stabilization.
189

HR 3019 IH

1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 1996

4 by 16 U.S.C. 460l–10a is rescinded.

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the provisions

7 of the Land and Water Conservation Fund Act of 1965,

8 as amended (16 U.S.C. 460l–4–11), including administra9 tive expenses, and for acquisition of lands or waters, or

10 interest therein, in accordance with statutory authority

11 applicable to the National Park Service, $57,600,000, to

12 be derived from the Land and Water Conservation Fund,

13 to remain available until expended, and of which

14 $1,500,000 is to administer the State assistance program:

15 Provided, That any funds made available for the purpose

16 of acquisition of the Elwha and Glines dams shall be used

17 solely for acquisition, and shall not be expended until the

18 full purchase amount has been appropriated by the Con19 gress.

20 ADMINISTRATIVE PROVISIONS

21 Appropriations for the National Park Service shall be

22 available for the purchase of not to exceed 518 passenger

23 motor vehicles, of which 323 shall be for replacement only,

24 including not to exceed 411 for police-type use, 12 buses,

25 and 5 ambulances: Provided, That none of the funds ap26 propriated to the National Park Service may be used to
190

HR 3019 IH

1 process any grant or contract documents which do not in2 clude the text of 18 U.S.C. 1913: Provided further, That

3 none of the funds appropriated to the National Park Serv4 ice may be used to implement an agreement for the rede5 velopment of the southern end of Ellis Island until such

6 agreement has been submitted to the Congress and shall

7 not be implemented prior to the expiration of 30 calendar

8 days (not including any day in which either House of Con9 gress is not in session because of adjournment of more

10 than three calendar days to a day certain) from the receipt

11 by the Speaker of the House of Representatives and the

12 President of the Senate of a full and comprehensive report

13 on the development of the southern end of Ellis Island,

14 including the facts and circumstances relied upon in sup15 port of the proposed project.

16 None of the funds in this Act may be spent by the

17 National Park Service for activities taken in direct re18 sponse to the United Nations Biodiversity Convention.

19 The National Park Service may enter into cooperative

20 agreements that involve the transfer of National Park

21 Service appropriated funds to State, local and tribal gov22 ernments, other public entities, educational institutions,

23 and private nonprofit organizations for the public purpose

24 of carrying out National Park Service programs.
191

HR 3019 IH

1 The National Park Service shall, within existing

2 funds, conduct a Feasibility Study for a northern access

3 route into Denali National Park and Preserve in Alaska,

4 to be completed within one year of the enactment of this

5 Act and submitted to the House and Senate Committees

6 on Appropriations and to the Senate Committee on En7 ergy and Natural Resources and the House Committee on

8 Resources. The Feasibility Study shall ensure that re9 source impacts from any plan to create such access route

10 are evaluated with accurate information and according to

11 a process that takes into consideration park values, visitor

12 needs, a full range of alternatives, the viewpoints of all

13 interested parties, including the tourism industry and the

14 State of Alaska, and potential needs for compliance with

15 the National Environmental Policy Act. The Study shall

16 also address the time required for development of alter17 natives and identify all associated costs.

18 This Feasibility Study shall be conducted solely by

19 the National Park Service planning personnel permanently

20 assigned to National Park Service offices located in the

21 State of Alaska in consultation with the State of Alaska

22 Department of Transportation.
192

HR 3019 IH

1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, and the

6 mineral and water resources of the United States, its Ter7 ritories and possessions, and other areas as authorized by

8 law (43 U.S.C. 31, 1332 and 1340); classify lands as to

9 their mineral and water resources; give engineering super10 vision to power permittees and Federal Energy Regulatory

11 Commission licensees; administer the minerals exploration

12 program (30 U.S.C. 641); and publish and disseminate

13 data relative to the foregoing activities; and to conduct

14 inquiries into the economic conditions affecting mining

15 and materials processing industries (30 U.S.C. 3, 21a, and

16 1603; 50 U.S.C. 98g(1)) and related purposes as author17 ized by law and to publish and disseminate data;

18 $729,995,000, of which $62,130,000 shall be available for

19 cooperation with States or municipalities for water re20 sources investigations, and of which $137,000,000 for re21 source research and the operations of Cooperative Re22 search Units shall remain available until September 30,

23 1997, and of which $16,000,000 shall remain available

24 until expended for conducting inquiries into the economic

25 conditions affecting mining and materials processing in-
193

HR 3019 IH

1 dustries: Provided, That no part of this appropriation shall

2 be used to pay more than one-half the cost of any topo3 graphic mapping or water resources investigations carried

4 on in cooperation with any State or municipality: Provided

5 further, That funds available herein for resource research

6 may be used for the purchase of not to exceed 61 pas7 senger motor vehicles, of which 55 are for replacement

8 only: Provided further, That none of the funds available

9 under this head for resource research shall be used to con10 duct new surveys on private property, including new aerial

11 surveys for the designation of habitat under the Endan12 gered Species Act, except when it is made known to the

13 Federal official having authority to obligate or expend

14 such funds that the survey or research has been requested

15 and authorized in writing by the property owner or the

16 owner’s authorized representative: Provided further, That

17 none of the funds provided herein for resource research

18 may be used to administer a volunteer program when it

19 is made known to the Federal official having authority to

20 obligate or expend such funds that the volunteers are not

21 properly trained or that information gathered by the vol22 unteers is not carefully verified: Provided further, That no

23 later than April 1, 1996, the Director of the United States

24 Geological Survey shall issue agency guidelines for re25 source research that ensure that scientific and technical
194

HR 3019 IH

1 peer review is utilized as fully as possible in selection of

2 projects for funding and ensure the validity and reliability

3 of research and data collection on Federal lands: Provided

4 further, That no funds available for resource research may

5 be used for any activity that was not authorized prior to

6 the establishment of the National Biological Survey: Pro7 vided further, That once every five years the National

8 Academy of Sciences shall review and report on the re9 source research activities of the Survey: Provided further,

10 That if specific authorizing legislation is enacted during

11 or before the start of fiscal year 1996, the resource re12 search component of the Survey should comply with the

13 provisions of that legislation: Provided further, That unob14 ligated and unexpended balances in the National Biologi15 cal Survey, Research, inventories and surveys account at

16 the end of fiscal year 1995, shall be merged with and made

17 a part of the United States Geological Survey, Surveys,

18 investigations, and research account and shall remain

19 available for obligation until September 30, 1996: Pro20 vided further, That the authority granted to the United

21 States Bureau of Mines to conduct mineral surveys and

22 to determine mineral values by section 603 of Public Law

23 94–579 is hereby transferred to, and vested in, the Direc24 tor of the United States Geological Survey.
195

HR 3019 IH

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;

5 reimbursement to the General Services Administration for

6 security guard services; contracting for the furnishing of

7 topographic maps and for the making of geophysical or

8 other specialized surveys when it is administratively deter9 mined that such procedures are in the public interest; con10 struction and maintenance of necessary buildings and ap11 purtenant facilities; acquisition of lands for gauging sta12 tions and observation wells; expenses of the United States

13 National Committee on Geology; and payment of com14 pensation and expenses of persons on the rolls of the Unit15 ed States Geological Survey appointed, as authorized by

16 law, to represent the United States in the negotiation and

17 administration of interstate compacts: Provided, That ac18 tivities funded by appropriations herein made may be ac19 complished through the use of contracts, grants, or coop20 erative agreements as 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
196

HR 3019 IH

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 vehi5 cles for replacement only; $182,339,000, of which not less

6 than $70,105,000 shall be available for royalty manage7 ment activities; and an amount not to exceed $15,400,000

8 for the Technical Information Management System and

9 Related Activities of the Outer Continental Shelf (OCS)

10 Lands Activity, to be credited to this appropriation and

11 to remain available until expended, from additions to re12 ceipts resulting from increases to rates in effect on August

13 5, 1993, from rate increases to fee collections for OCS

14 administrative activities performed by the Minerals Man15 agement Service over and above the rates in effect on Sep16 tember 30, 1993, and from additional fees for OCS admin17 istrative activities established after September 30, 1993:

18 Provided, That beginning in fiscal year 1996 and there19 after, fees for royalty rate relief applications shall be es20 tablished (and revised as needed) in Notices to Lessees,

21 and shall be credited to this account in the program areas

22 performing the function, and remain available until ex23 pended for the costs of administering the royalty rate re24 lief authorized by 43 U.S.C. 1337(a)(3): Provided further,

25 That $1,500,000 for computer acquisitions shall remain
197

HR 3019 IH

1 available until September 30, 1997: Provided further, That

2 funds appropriated under this Act shall be available for

3 the payment of interest in accordance with 30 U.S.C.

4 1721 (b) and (d): Provided further, That not to exceed

5 $3,000 shall be available for reasonable expenses related

6 to promoting volunteer beach and marine cleanup activi7 ties: Provided further, That notwithstanding any other

8 provision of law, $15,000 under this head shall be avail9 able for refunds of overpayments in connection with cer10 tain Indian leases in which the Director of the Minerals

11 Management Service concurred with the claimed refund

12 due, to pay amounts owed to Indian allottees or Tribes,

13 or to correct prior unrecoverable erroneous payments: Pro14 vided further, That beginning in fiscal year 1996 and

15 thereafter, the Secretary shall take appropriate action to

16 collect unpaid and underpaid royalties and late payment

17 interest owed by Federal and Indian mineral lessees and

18 other royalty payors on amounts received in settlement or

19 other resolution of disputes under, and for partial or com20 plete termination of, sales agreements for minerals from

21 Federal and Indian leases.

22 OIL SPILL RESEARCH

23 For necessary expenses to carry out the purposes of

24 title I, section 1016, title IV, sections 4202 and 4303, title

25 VII, and title VIII, section 8201 of the Oil Pollution Act

26 of 1990, $6,440,000, which shall be derived from the Oil
198

HR 3019 IH

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 trans9 fer of certain ongoing projects within the United States

10 Bureau of Mines, such projects to be identified by the Sec11 retary of the Interior within 90 days of enactment of this

12 Act: Provided, That there hereby are transferred to, and

13 vested in, the Secretary of Energy: (1) the functions per14 taining to the promotion of health and safety in mines and

15 the mineral industry through research vested by law in

16 the Secretary of the Interior or the United States Bureau

17 of Mines and performed in fiscal year 1995 by the United

18 States Bureau of Mines at its Pittsburgh Research Center

19 in Pennsylvania, and at its Spokane Research Center in

20 Washington; (2) the functions pertaining to the conduct

21 of inquiries, technological investigations and research con22 cerning the extraction, processing, use and disposal of

23 mineral substances vested by law in the Secretary of the

24 Interior or the United States Bureau of Mines and per25 formed in fiscal year 1995 by the United States Bureau
199

HR 3019 IH

1 of Mines under the minerals and materials science pro2 grams at its Pittsburgh Research Center in Pennsylvania,

3 and at its Albany Research Center in Oregon; and (3) the

4 functions pertaining to mineral reclamation industries and

5 the development of methods for the disposal, control, pre6 vention, and reclamation of mineral waste products vested

7 by law in the Secretary of the Interior or the United

8 States Bureau of Mines and performed in fiscal year 1995

9 by the United States Bureau of Mines at its Pittsburgh

10 Research Center in Pennsylvania: Provided further, That,

11 if any of the same functions were performed in fiscal year

12 1995 at locations other than those listed above, such func13 tions shall not be transferred to the Secretary of Energy

14 from those other locations: Provided further, That the Di15 rector of the Office of Management and Budget, in con16 sultation with the Secretary of Energy and the Secretary

17 of the Interior, is authorized to make such determinations

18 as may be necessary with regard to the transfer of func19 tions which relate to or are used by the Department of

20 the Interior, or component thereof affected by this trans21 fer of functions, and to make such dispositions of person22 nel, facilities, assets, liabilities, contracts, property,

23 records, and unexpended balances of appropriations, au24 thorizations, allocations, and other funds held, used, aris25 ing from, available to or to be made available in connection
200

HR 3019 IH

1 with, the functions transferred herein as are deemed nec2 essary to accomplish the purposes of this transfer: Pro3 vided further, That all reductions in personnel com4 plements resulting from the provisions of this Act shall,

5 as to the functions transferred to the Secretary of Energy,

6 be done by the Secretary of the Interior as though these

7 transfers had not taken place but had been required of

8 the Department of the Interior by all other provisions of

9 this Act before the transfers of function became effective:

10 Provided further, That the transfers of function to the Sec11 retary of Energy shall become effective on the date speci12 fied by the Director of the Office of Management and

13 Budget, but in no event later than 90 days after enact14 ment into law of this Act: Provided further, That the ref15 erence to ‘‘function’’ includes, but is not limited to, any

16 duty, obligation, power, authority, responsibility, right,

17 privilege, and activity, or the plural thereof, as the case

18 may be.

19 ADMINISTRATIVE PROVISIONS

20 The Secretary is authorized to accept lands, build21 ings, equipment, other contributions, and fees from public

22 and private sources, and to prosecute projects using such

23 contributions and fees in cooperation with other Federal,

24 State or private agencies: Provided, That the Bureau of

25 Mines is authorized, during the current fiscal year, to sell

26 directly or through any Government agency, including cor-
201

HR 3019 IH

1 porations, any metal or mineral products that may be

2 manufactured in pilot plants operated by the Bureau of

3 Mines, and the proceeds of such sales shall be covered into

4 the Treasury as miscellaneous receipts: Provided further,

5 That notwithstanding any other provision of law, the Sec6 retary is authorized to convey, without reimbursement,

7 title and all interest of the United States in property and

8 facilities of the United States Bureau of Mines in Juneau,

9 Alaska, to the City and Borough of Juneau, Alaska; in

10 Tuscaloosa, Alabama, to the University of Alabama; in

11 Rolla, Missouri, to the University of Missouri-Rolla; and

12 in other localities to such university or government entities

13 as the Secretary deems appropriate.

14 OFFICE OF SURFACE MINING RECLAMATION AND

15 ENFORCEMENT

16 REGULATION AND TECHNOLOGY

17 For necessary expenses to carry out the provisions

18 of the Surface Mining Control and Reclamation Act of

19 1977, Public Law 95–87, as amended, including the pur20 chase of not to exceed 15 passenger motor vehicles for re21 placement only; $95,470,000, and notwithstanding 31

22 U.S.C. 3302, an additional amount shall be credited to

23 this account, to remain available until expended, from per24 formance bond forfeitures in fiscal year 1996: Provided,

25 That notwithstanding any other provision of law, the Sec-
202

HR 3019 IH

1 retary of the Interior, pursuant to regulations, may utilize

2 directly or through grants to States, moneys collected in

3 fiscal year 1996 pursuant to the assessment of civil pen4 alties under section 518 of the Surface Mining Control

5 and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim

6 lands adversely affected by coal mining practices after Au7 gust 3, 1977, to remain available until expended: Provided

8 further, That notwithstanding any other provision of law,

9 appropriations for the Office of Surface Mining Reclama10 tion and Enforcement may provide for the travel and per

11 diem expenses of State and tribal personnel attending Of12 fice of Surface Mining Reclamation and Enforcement

13 sponsored training.

14 ABANDONED MINE RECLAMATION FUND

15 For necessary expenses to carry out the provisions

16 of title IV of the Surface Mining Control and Reclamation

17 Act of 1977, Public Law 95–87, as amended, including

18 the purchase of not more than 22 passenger motor vehicles

19 for replacement only, $173,887,000, to be derived from

20 receipts of the Abandoned Mine Reclamation Fund and

21 to remain available until expended: Provided, That grants

22 to minimum program States will be $1,500,000 per State

23 in fiscal year 1996: Provided further, That of the funds

24 herein provided up to $18,000,000 may be used for the

25 emergency program authorized by section 410 of Public

26 Law 95–87, as amended, of which no more than 25 per
203

HR 3019 IH

1 centum shall be used for emergency reclamation projects

2 in any one State and funds for Federally-administered

3 emergency reclamation projects under this proviso shall

4 not exceed $11,000,000: Provided further, That prior year

5 unobligated funds appropriated for the emergency rec6 lamation program shall not be subject to the 25 per cen7 tum limitation per State and may be used without fiscal

8 year limitation for emergency projects: Provided further,

9 That pursuant to Public Law 97–365, the Department of

10 the Interior is authorized to utilize up to 20 per centum

11 from the recovery of the delinquent debt owed to the Unit12 ed States Government to pay for contracts to collect these

13 debts: Provided further, That funds made available to

14 States under title IV of Public Law 95–87 may be used,

15 at their discretion, for any required non-Federal share of

16 the cost of projects funded by the Federal Government

17 for the purpose of environmental restoration related to

18 treatment or abatement of acid mine drainage from aban19 doned mines: Provided further, That such projects must

20 be consistent with the purposes and priorities of the Sur21 face Mining Control and Reclamation Act.

22 BUREAU OF INDIAN AFFAIRS

23 OPERATION OF INDIAN PROGRAMS

24 For operation of Indian programs by direct expendi25 ture, contracts, cooperative agreements, compacts, and
204

HR 3019 IH

1 grants including expenses necessary to provide education

2 and welfare services for Indians, either directly or in co3 operation with States and other organizations, including

4 payment of care, tuition, assistance, and other expenses

5 of Indians in boarding homes, or institutions, or schools;

6 grants and other assistance to needy Indians; maintenance

7 of law and order; management, development, improve8 ment, and protection of resources and appurtenant facili9 ties under the jurisdiction of the Bureau of Indian Affairs,

10 including payment of irrigation assessments and charges;

11 acquisition of water rights; advances for Indian industrial

12 and business enterprises; operation of Indian arts and

13 crafts shops and museums; development of Indian arts

14 and crafts, as authorized by law; for the general adminis15 tration of the Bureau of Indian Affairs, including such

16 expenses in field offices; maintaining of Indian reservation

17 roads as defined in section 101 of title 23, United States

18 Code; and construction, repair, and improvement of Indian

19 housing, $1,384,434,000, of which not to exceed

20 $100,255,000 shall be for welfare assistance grants and

21 not to exceed $104,626,000 shall be for payments to tribes

22 and tribal organizations for contract support costs associ23 ated with ongoing contracts or grants or compacts entered

24 into with the Bureau of Indian Affairs prior to fiscal year

25 1996, as authorized by the Indian Self-Determination Act
205

HR 3019 IH

1 of 1975, as amended, and up to $5,000,000 shall be for

2 the Indian Self-Determination Fund, which shall be avail3 able for the transitional cost of initial or expanded tribal

4 contracts, grants, compacts, or cooperative agreements

5 with the Bureau of Indian Affairs under the provisions

6 of the Indian Self-Determination Act; and of which not

7 to exceed $330,711,000 for school operations costs of Bu8 reau-funded schools and other education programs shall

9 become available for obligation on July 1, 1996, and shall

10 remain available for obligation until September 30, 1997;

11 and of which not to exceed $68,209,000 for higher edu12 cation scholarships, adult vocational training, and assist13 ance to public schools under the Act of April 16, 1934

14 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall

15 remain available for obligation until September 30, 1997;

16 and of which not to exceed $71,854,000 shall remain

17 available until expended for housing improvement, road

18 maintenance, attorney fees, litigation support, self-govern19 ance grants, the Indian Self-Determination Fund, and the

20 Navajo-Hopi Settlement Program: Provided, That tribes

21 and tribal contractors may use their tribal priority alloca22 tions for unmet indirect costs of ongoing contracts, grants

23 or compact agreements: Provided further, That funds

24 made available to tribes and tribal organizations through

25 contracts or grants obligated during fiscal year 1996, as
206

HR 3019 IH

1 authorized by the Indian Self-Determination Act of 1975

2 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants author3 ized by the Indian Education Amendments of 1988 (25

4 U.S.C. 2001 and 2008A) shall remain available until ex5 pended by the contractor or grantee: Provided further,

6 That to provide funding uniformity within a Self-Govern7 ance Compact, any funds provided in this Act with avail8 ability for more than one year may be reprogrammed to

9 one year availability but shall remain available within the

10 Compact until expended: Provided further, That notwith11 standing any other provision of law, Indian tribal govern12 ments may, by appropriate changes in eligibility criteria

13 or by other means, change eligibility for general assistance

14 or change the amount of general assistance payments for

15 individuals within the service area of such tribe who are

16 otherwise deemed eligible for general assistance payments

17 so long as such changes are applied in a consistent manner

18 to individuals similarly situated: Provided further, That

19 any savings realized by such changes shall be available for

20 use in meeting other priorities of the tribes: Provided fur21 ther, That any net increase in costs to the Federal Govern22 ment which result solely from tribally increased payment

23 levels for general assistance shall be met exclusively from

24 funds available to the tribe from within its tribal priority

25 allocation: Provided further, That any forestry funds allo-
207

HR 3019 IH

1 cated to a tribe which remain unobligated as of September

2 30, 1996, may be transferred during fiscal year 1997 to

3 an Indian forest land assistance account established for

4 the benefit of such tribe within the tribe’s trust fund ac5 count: Provided further, That any such unobligated bal6 ances not so transferred shall expire on September 30,

7 1997: Provided further, That notwithstanding any other

8 provision of law, no funds available to the Bureau of In9 dian Affairs, other than the amounts provided herein for

10 assistance to public schools under the Act of April 16,

11 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.),

12 shall be available to support the operation of any elemen13 tary or secondary school in the State of Alaska in fiscal

14 year 1996: Provided further, That funds made available

15 in this or any other Act for expenditure through Septem16 ber 30, 1997 for schools funded by the Bureau of Indian

17 Affairs shall be available only to the schools which are in

18 the Bureau of Indian Affairs school system as of Septem19 ber 1, 1995: Provided further, That no funds available to

20 the Bureau of Indian Affairs shall be used to support ex21 panded grades for any school beyond the grade structure

22 in place at each school in the Bureau of Indian Affairs

23 school system as of October 1, 1995: Provided further,

24 That notwithstanding the provisions of 25 U.S.C.

25 2011(h)(1) (B) and (C), upon the recommendation of a
208

HR 3019 IH

1 local school board for a Bureau of Indian Affairs operated

2 school, the Secretary shall establish rates of basic com3 pensation or annual salary rates for the positions of teach4 ers and counselors (including dormitory and homeliving

5 counselors) at the school at a level not less than that for

6 comparable positions in public school districts in the same

7 geographic area, to become effective on July 1, 1997: Pro8 vided further, That of the funds available only through

9 September 30, 1995, not to exceed $8,000,000 in unobli10 gated and unexpended balances in the Operation of Indian

11 Programs account shall be merged with and made a part

12 of the fiscal year 1996 Operation of Indian Programs ap13 propriation, and shall remain available for obligation for

14 employee severance, relocation, and related expenses, until

15 March 31, 1996.

16 CONSTRUCTION

17 For construction, major repair, and improvement of

18 irrigation and power systems, buildings, utilities, and

19 other facilities, including architectural and engineering

20 services by contract; acquisition of lands and interests in

21 lands; and preparation of lands for farming,

22 $100,833,000, to remain available until expended: Pro23 vided, That such amounts as may be available for the con24 struction of the Navajo Indian Irrigation Project and for

25 other water resource development activities related to the

26 Southern Arizona Water Rights Settlement Act may be
209

HR 3019 IH

1 transferred to the Bureau of Reclamation: Provided fur2 ther, That not to exceed 6 per centum of contract author3 ity available to the Bureau of Indian Affairs from the Fed4 eral Highway Trust Fund may be used to cover the road

5 program management costs of the Bureau of Indian Af6 fairs: Provided further, That any funds provided for the

7 Safety of Dams program pursuant to 25 U.S.C. 13 shall

8 be made available on a non-reimbursable basis: Provided

9 further, That for the fiscal year ending September 30,

10 1996, in implementing new construction or facilities im11 provement and repair project grants in excess of $100,000

12 that are provided to tribally controlled grant schools under

13 Public Law 100–297, as amended, the Secretary of the

14 Interior shall use the Administrative and Audit Require15 ments and Cost Principles for Assistance Programs con16 tained in 43 CFR part 12 as the regulatory requirements:

17 Provided further, That such grants shall not be subject

18 to section 12.61 of 43 CFR; the Secretary and the grantee

19 shall negotiate and determine a schedule of payments for

20 the work to be performed: Provided further, That in con21 sidering applications, the Secretary shall consider whether

22 the Indian tribe or tribal organization would be deficient

23 in assuring that the construction projects conform to ap24 plicable building standards and codes and Federal, tribal,

25 or State health and safety standards as required by 25
210

HR 3019 IH

1 U.S.C. 2005(a), with respect to organizational and finan2 cial management capabilities: Provided further, That if the

3 Secretary declines an application, the Secretary shall fol4 low the requirements contained in 25 U.S.C. 2505(f): Pro5 vided further, That any disputes between the Secretary

6 and any grantee concerning a grant shall be subject to

7 the disputes provision in 25 U.S.C. 2508(e).

8 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

9 MISCELLANEOUS PAYMENTS TO INDIANS

10 For miscellaneous payments to Indian tribes and in11 dividuals and for necessary administrative expenses,

12 $80,645,000, to remain available until expended; of which

13 $78,600,000 shall be available for implementation of en14 acted Indian land and water claim settlements pursuant

15 to Public Laws 87–483, 97–293, 101–618, 102–374, 102–

16 441, 102–575, and 103–116, and for implementation of

17 other enacted water rights settlements, including not to

18 exceed $8,000,000, which shall be for the Federal share

19 of the Catawba Indian Tribe of South Carolina Claims

20 Settlement, as authorized by section 5(a) of Public Law

21 103–116; and of which $1,045,000 shall be available pur22 suant to Public Laws 98–500, 99–264, and 100–580; and

23 of which $1,000,000 shall be available (1) to liquidate obli24 gations owed tribal and individual Indian payees of any

25 checks canceled pursuant to section 1003 of the Competi26 tive Equality Banking Act of 1987 (Public Law 100–86
211

HR 3019 IH

1 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In2 dividual Indian Monies trust funds, Indian Irrigation Sys3 tems, and Indian Power Systems accounts amounts in4 vested in credit unions or defaulted savings and loan asso5 ciations and which were not Federally insured, and (3)

6 to reimburse Indian trust fund account holders for losses

7 to their respective accounts where the claim for said

8 loss(es) has been reduced to a judgment or settlement

9 agreement approved by the Department of Justice.

10 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

11 For payment of management and technical assistance

12 requests associated with loans and grants approved under

13 the Indian Financing Act of 1974, as amended, $500,000.

14 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

15 For the cost of guaranteed loans $4,500,000, as au16 thorized by the Indian Financing Act of 1974, as amend17 ed: Provided, That such costs, including the cost of modi18 fying such loans, shall be as defined in section 502 of the

19 Congressional Budget Act of 1974, as amended: Provided

20 further, That these funds are available to subsidize total

21 loan principal, any part of which is to be guaranteed, not

22 to exceed $35,914,000.

23 In addition, for administrative expenses necessary to

24 carry out the guaranteed loan program, $500,000.
212

HR 3019 IH

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Indian Affairs shall

3 be available for expenses of exhibits, and purchase of not

4 to exceed 275 passenger carrying motor vehicles, of which

5 not to exceed 215 shall be for replacement only.

6 TERRITORIAL AND INTERNATIONAL AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For expenses necessary for assistance to territories

9 under the jurisdiction of the Department of the Interior,

10 $65,188,000, of which (1) $61,661,000 shall be available

11 until expended for technical assistance, including mainte12 nance assistance, disaster assistance, insular management

13 controls, and brown tree snake control and research;

14 grants to the judiciary in American Samoa for compensa15 tion and expenses, as authorized by law (48 U.S.C.

16 1661(c)); grants to the Government of American Samoa,

17 in addition to current local revenues, for construction and

18 support of governmental functions; grants to the Govern19 ment of the Virgin Islands as authorized by law; grants

20 to the Government of Guam, as authorized by law; and

21 grants to the Government of the Northern Mariana Is22 lands as authorized by law (Public Law 94–241; 90 Stat.

23 272); and (2) $3,527,000 shall be available for salaries

24 and expenses of the Office of Insular Affairs: Provided,

25 That all financial transactions of the territorial and local
213

HR 3019 IH

1 governments herein provided for, including such trans2 actions of all agencies or instrumentalities established or

3 utilized by such governments, may be audited by the Gen4 eral Accounting Office, at its discretion, in accordance

5 with chapter 35 of title 31, United States Code: Provided

6 further, That Northern Mariana Islands Covenant grant

7 funding shall be provided according to those terms of the

8 Agreement of the Special Representatives on Future

9 United States Financial Assistance for the Northern Mari10 ana Islands approved by Public Law 99–396, or any sub11 sequent legislation related to Commonwealth of the North12 ern Mariana Islands Covenant grant funding: Provided

13 further, That of the amounts provided for technical assist14 ance, sufficient funding shall be made available for a grant

15 to the Close Up Foundation: Provided further, That the

16 funds for the program of operations and maintenance im17 provement are appropriated to institutionalize routine op18 erations and maintenance of capital infrastructure in

19 American Samoa, Guam, the Virgin Islands, the Common20 wealth of the Northern Mariana Islands, the Republic of

21 Palau, the Republic of the Marshall Islands, and the Fed22 erated States of Micronesia through assessments of long23 range operations and maintenance needs, improved capa24 bility of local operations and maintenance institutions and

25 agencies (including management and vocational education
214

HR 3019 IH

1 training), and project-specific maintenance (with terri2 torial participation and cost sharing to be determined by

3 the Secretary based on the individual territory’s commit4 ment to timely maintenance of its capital assets): Provided

5 further, That any appropriation for disaster assistance

6 under this head in this Act or previous appropriations Acts

7 may be used as non-Federal matching funds for the pur8 pose of hazard mitigation grants provided pursuant to sec9 tion 404 of the Robert T. Stafford Disaster Relief and

10 Emergency Assistance Act (42 U.S.C. 5170c).

11 COMPACT OF FREE ASSOCIATION

12 For economic assistance and necessary expenses for

13 the Federated States of Micronesia and the Republic of

14 the Marshall Islands as provided for in sections 122, 221,

15 223, 232, and 233 of the Compacts of Free Association,

16 and for economic assistance and necessary expenses for

17 the Republic of Palau as provided for in sections 122, 221,

18 223, 232, and 233 of the Compact of Free Association,

19 $24,938,000, to remain available until expended, as au20 thorized by Public Law 99–239 and Public Law 99–658:

21 Provided, That notwithstanding section 112 of Public Law

22 101–219 (103 Stat. 1873), the Secretary of the Interior

23 may agree to technical changes in the specifications for

24 the project described in the subsidiary agreement nego25 tiated under section 212(a) of the Compact of Free Asso-
215

HR 3019 IH

1 ciation, Public Law 99–658, or its annex, if the changes

2 do not result in increased costs to the United States.

3 DEPARTMENTAL OFFICES

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 For necessary expenses for management of the De7 partment of the Interior, $56,456,000, of which not to ex8 ceed $7,500 may be for official reception and representa9 tion expenses.

10 OFFICE OF THE SOLICITOR

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Solicitor,

13 $34,337,000.

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Inspector

17 General, $23,939,000.

18 CONSTRUCTION MANAGEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Construction

21 Management, $500,000.

22 NATIONAL INDIAN GAMING COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the National Indian Gam25 ing Commission, pursuant to Public Law 100–497,
216

HR 3019 IH

1 $1,000,000: Provided, That on March 1, 1996, the Chair2 man shall submit to the Secretary a report detailing those

3 Indian tribes or tribal organizations with gaming oper4 ations that are in full compliance, partial compliance, or

5 non-compliance with the provisions of the Indian Gaming

6 Regulatory Act (25 U.S.C. 2701, et seq.): Provided fur7 ther, That the information contained in the report shall

8 be updated on a continuing basis.

9 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

10 FEDERAL TRUST PROGRAMS

11 For operation of trust programs for Indians by direct

12 expenditure, contracts, cooperative agreements, compacts,

13 and grants, $16,338,000, of which $15,891,000 shall re14 main available until expended for trust funds manage15 ment: Provided, That funds made available to tribes and

16 tribal organizations through contracts or grants obligated

17 during fiscal year 1996, as authorized by the Indian Self18 Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450

19 et seq.), shall remain available until expended by the con20 tractor or grantee: Provided further, That notwithstanding

21 any other provision of law, the statute of limitations shall

22 not commence to run on any claim, including any claim

23 in litigation pending on the date of this Act, concerning

24 losses to or mismanagement of trust funds, until the af25 fected tribe or individual Indian has been furnished with
217

HR 3019 IH

1 the accounting of such funds from which the beneficiary

2 can determine whether there has been a loss: Provided fur3 ther, That obligated and unobligated balances provided for

4 trust funds management within ‘‘Operation of Indian pro5 grams’’, Bureau of Indian Affairs are hereby transferred

6 to and merged with this appropriation.

7 ADMINISTRATIVE PROVISIONS

8 There is hereby authorized for acquisition from avail9 able resources within the Working Capital Fund, 15 air10 craft, 10 of which shall be for replacement and which may

11 be obtained by donation, purchase or through available ex12 cess surplus property: Provided, That notwithstanding any

13 other provision of law, existing aircraft being replaced may

14 be sold, with proceeds derived or trade-in value used to

15 offset the purchase price for the replacement aircraft: Pro16 vided further, That no programs funded with appropriated

17 funds in ‘‘Departmental Management’’, ‘‘Office of the So18 licitor’’, and ‘‘Office of Inspector General’’ may be aug19 mented through the Working Capital Fund or the Consoli20 dated Working Fund.

21 GENERAL PROVISIONS, DEPARTMENT OF THE

22 INTERIOR

23 SEC. 101. Appropriations made in this title shall be

24 available for expenditure or transfer (within each bureau

25 or office), with the approval of the Secretary, for the emer-
218

HR 3019 IH

1 gency reconstruction, replacement, or repair of aircraft,

2 buildings, utilities, or other facilities or equipment dam3 aged or destroyed by fire, flood, storm, or other unavoid4 able causes: Provided, That no funds shall be made avail5 able under this authority until funds specifically made

6 available to the Department of the Interior for emer7 gencies shall have been exhausted: Provided further, That

8 all funds used pursuant to this section are hereby des9 ignated by Congress to be ‘‘emergency requirements’’ pur10 suant to section 251(b)(2)(D) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985 and must be re12 plenished by a supplemental appropriation which must be

13 requested as promptly as possible.

14 SEC. 102. The Secretary may authorize the expendi15 ture or transfer of any no year appropriation in this title,

16 in addition to the amounts included in the budget pro17 grams of the several agencies, for the suppression or emer18 gency prevention of forest or range fires on or threatening

19 lands under the jurisdiction of the Department of the Inte20 rior; for the emergency rehabilitation of burned-over lands

21 under its jurisdiction; for emergency actions related to po22 tential or actual earthquakes, floods, volcanoes, storms, or

23 other unavoidable causes; for contingency planning subse24 quent to actual oilspills; response and natural resource

25 damage assessment activities related to actual oilspills; for
219

HR 3019 IH

1 the prevention, suppression, and control of actual or po2 tential grasshopper and Mormon cricket outbreaks on

3 lands under the jurisdiction of the Secretary, pursuant to

4 the authority in section 1773(b) of Public Law 99–198

5 (99 Stat. 1658); for emergency reclamation projects under

6 section 410 of Public Law 95–87; and shall transfer, from

7 any no year funds available to the Office of Surface Min8 ing Reclamation and Enforcement, such funds as may be

9 necessary to permit assumption of regulatory authority in

10 the event a primacy State is not carrying out the regu11 latory provisions of the Surface Mining Act: Provided,

12 That appropriations made in this title for fire suppression

13 purposes shall be available for the payment of obligations

14 incurred during the preceding fiscal year, and for reim15 bursement to other Federal agencies for destruction of ve16 hicles, aircraft, or other equipment in connection with

17 their use for fire suppression purposes, such reimburse18 ment to be credited to appropriations currently available

19 at the time of receipt thereof: Provided further, That for

20 emergency rehabilitation and wildfire suppression activi21 ties, no funds shall be made available under this authority

22 until funds appropriated to the ‘‘Emergency Department

23 of the Interior Firefighting Fund’’ shall have been ex24 hausted: Provided further, That all funds used pursuant

25 to this section are hereby designated by Congress to be
220

HR 3019 IH

1 ‘‘emergency requirements’’ pursuant to section

2 251(b)(2)(D) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985 and must be replenished by

4 a supplemental appropriation which must be requested as

5 promptly as possible: Provided further, That such replen6 ishment funds shall be used to reimburse, on a pro rata

7 basis, accounts from which emergency funds were trans8 ferred.

9 SEC. 103. Appropriations made in this title shall be

10 available for operation of warehouses, garages, shops, and

11 similar facilities, wherever consolidation of activities will

12 contribute to efficiency or economy, and said appropria13 tions shall be reimbursed for services rendered to any

14 other activity in the same manner as authorized by sec15 tions 1535 and 1536 of title 31, United States Code: Pro16 vided, That reimbursements for costs and supplies, mate17 rials, equipment, and for services rendered may be cred18 ited to the appropriation current at the time such reim19 bursements are received.

20 SEC. 104. Appropriations made to the Department

21 of the Interior in this title shall be available for services

22 as authorized by 5 U.S.C. 3109, when authorized by the

23 Secretary, in total amount not to exceed $500,000; hire,

24 maintenance, and operation of aircraft; hire of passenger

25 motor vehicles; purchase of reprints; payment for tele-
221

HR 3019 IH

1 phone service in private residences in the field, when au2 thorized under regulations approved by the Secretary; and

3 the payment of dues, when authorized by the Secretary,

4 for library membership in societies or associations which

5 issue publications to members only or at a price to mem6 bers lower than to subscribers who are not members.

7 SEC. 105. Appropriations available to the Depart8 ment of the Interior for salaries and expenses shall be

9 available for uniforms or allowances therefor, as author10 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

11 SEC. 106. Appropriations made in this title shall be

12 available for obligation in connection with contracts issued

13 for services or rentals for periods not in excess of twelve

14 months beginning at any time during the fiscal year.

15 SEC. 107. Appropriations made in this title from the

16 Land and Water Conservation Fund for acquisition of

17 lands and waters, or interests therein, shall be available

18 for transfer, with the approval of the Secretary, between

19 the following accounts: Bureau of Land Management,

20 Land acquisition, United States Fish and Wildlife Service,

21 Land acquisition, and National Park Service, Land acqui22 sition and State assistance. Use of such funds are subject

23 to the reprogramming guidelines of the House and Senate

24 Committees on Appropriations.
222

HR 3019 IH

1 SEC. 108. Prior to the transfer of Presidio properties

2 to the Presidio Trust, when authorized, the Secretary may

not obligate in any calendar month more than 1 3 ⁄12 of the

4 fiscal year 1996 appropriation for operation of the Pre5 sidio: Provided, That this section shall expire on December

6 31, 1995.

7 SEC. 109. Section 6003 of Public Law 101–380 is

8 hereby repealed.

9 SEC. 110. None of the funds appropriated or other10 wise made available by this Act may be obligated or ex11 pended by the Secretary of the Interior for developing,

12 promulgating, and thereafter implementing a rule con13 cerning rights-of-way under section 2477 of the Revised

14 Statutes.

15 SEC. 111. No funds provided in this title may be ex16 pended by the Department of the Interior for the conduct

17 of offshore leasing and related activities placed under re18 striction in the President’s moratorium statement of June

19 26, 1990, in the areas of Northern, Central, and Southern

20 California; the North Atlantic; Washington and Oregon;

21 and the Eastern Gulf of Mexico south of 26 degrees north

22 latitude and east of 86 degrees west longitude.

23 SEC. 112. No funds provided in this title may be

24 expended by the Department of the Interior for the con25 duct of leasing, or the approval or permitting of any drill-
223

HR 3019 IH

1 ing or other exploration activity, on lands within the North

2 Aleutian Basin planning area.

3 SEC. 113. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

5 of preleasing and leasing activities in the Eastern Gulf of

6 Mexico for Outer Continental Shelf Lease Sale 151 in the

7 Outer Continental Shelf Natural Gas and Oil Resource

8 Management Comprehensive Program, 1992–1997.

9 SEC. 114. No funds provided in this title may be

10 expended by the Department of the Interior for the con11 duct of preleasing and leasing activities in the Atlantic for

12 Outer Continental Shelf Lease Sale 164 in the Outer Con13 tinental Shelf Natural Gas and Oil Resource Management

14 Comprehensive Program, 1992–1997.

15 SEC. 115. (a) Of the funds appropriated by this Act

16 or any subsequent Act providing for appropriations in fis17 cal years 1996 and 1997, not more than 50 percent of

18 any self-governance funds that would otherwise be allo19 cated to each Indian tribe in the State of Washington shall

20 actually be paid to or on account of such Indian tribe from

21 and after the time at which such tribe shall—

22 (1) take unilateral action that adversely impacts

23 the existing rights to and/or customary uses of,

24 nontribal member owners of fee simple land within

25 the exterior boundary of the tribe’s reservation to
224

HR 3019 IH

1 water, electricity, or any other similar utility or ne2 cessity for the nontribal members’ residential use of

3 such land; or

4 (2) restrict or threaten to restrict said owners

5 use of or access to publicly maintained rights-of-way

6 necessary or desirable in carrying the utilities or ne7 cessities described above.

8 (b) Such penalty shall not attach to the initiation of

9 any legal actions with respect to such rights or the en10 forcement of any final judgments, appeals from which

11 have been exhausted, with respect thereto.

12 SEC. 116. Within 30 days after the enactment of this

13 Act, the Department of the Interior shall issue a specific

14 schedule for the completion of the Lake Cushman Land

15 Exchange Act (Public Law 102–436) and shall complete

16 the exchange not later than September 30, 1996.

17 SEC. 117. Notwithstanding Public Law 90–544, as

18 amended, the National Park Service is authorized to ex19 pend appropriated funds for maintenance and repair of

20 the Company Creek Road in the Lake Chelan National

21 Recreation Area: Provided, That appropriated funds shall

22 not be expended for the purpose of improving the property

23 of private individuals unless specifically authorized by law.

24 SEC. 118. Section 4(b) of Public Law 94–241 (90

25 Stat. 263) as added by section 10 of Public Law 99–396
225

HR 3019 IH

1 is amended by deleting ‘‘until Congress otherwise provides

2 by law.’’ and inserting in lieu thereof: ‘‘except that, for

3 fiscal years 1996 through 2002, payments to the Com4 monwealth of the Northern Mariana Islands pursuant to

5 the multi-year funding agreements contemplated under

6 the Covenant shall be $11,000,000 annually, subject to an

7 equal local match and all other requirements set forth in

8 the Agreement of the Special Representatives on Future

9 Federal Financial Assistance of the Northern Mariana Is10 lands, executed on December 17, 1992 between the special

11 representative of the President of the United States and

12 special representatives of the Governor of the Northern

13 Mariana Islands with any additional amounts otherwise

14 made available under this section in any fiscal year and

15 not required to meet the schedule of payments in this sub16 section to be provided as set forth in subsection (c) until

17 Congress otherwise provides by law.

18 ‘‘(c) The additional amounts referred to in subsection

19 (b) shall be made available to the Secretary for obligation

20 as follows:

21 ‘‘(1) for fiscal years 1996 through 2001,

22 $4,580,000 annually for capital infrastructure

23 projects as Impact Aid for Guam under section

24 104(c)(6) of Public Law 99–239;
226

HR 3019 IH

1 ‘‘(2) for fiscal year 1996, $7,700,000 shall be

2 provided for capital infrastructure projects in Amer3 ican Samoa; $4,420,000 for resettlement of

4 Rongelap Atoll; and

5 ‘‘(3) for fiscal years 1997 and thereafter, all

6 such amounts shall be available solely for capital in7 frastructure projects in Guam, the Virgin Islands,

8 American Samoa, the Commonwealth of the North9 ern Mariana Islands, the Republic of Palau, the

10 Federated States of Micronesia and the Republic of

11 the Marshall Islands: Provided, That, in fiscal year

12 1997, $3,000,000 of such amounts shall be made

13 available to the College of the Northern Marianas

14 and beginning in fiscal year 1997, and in each year

15 thereafter, not to exceed $3,000,000 may be allo16 cated, as provided in appropriations Acts, to the

17 Secretary of the Interior for use by Federal agencies

18 or the Commonwealth of the Northern Mariana Is19 lands to address immigration, labor, and law en20 forcement issues in the Northern Mariana Islands.

21 The specific projects to be funded in American

22 Samoa shall be set forth in a five-year plan for in23 frastructure assistance developed by the Secretary of

24 the Interior in consultation with the American

25 Samoa Government and updated annually and sub-
227

HR 3019 IH

1 mitted to the Congress concurrent with the budget

2 justifications for the Department of the Interior. In

3 developing budget recommendations for capital in4 frastructure funding, the Secretary shall indicate the

5 highest priority projects, consider the extent to

6 which particular projects are part of an overall mas7 ter plan, whether such project has been reviewed by

8 the Corps of Engineers and any recommendations

9 made as a result of such review, the extent to which

10 a set-aside for maintenance would enhance the life

11 of the project, the degree to which a local cost-share

12 requirement would be consistent with local economic

13 and fiscal capabilities, and may propose an incre14 mental set-aside, not to exceed $2,000,000 per year,

15 to remain available without fiscal year limitation, as

16 an emergency fund in the event of natural or other

17 disasters to supplement other assistance in the re18 pair, replacement, or hardening of essential facilities:

19 Provided further, That the cumulative amount set

20 aside for such emergency fund may not exceed

21 $10,000,000 at any time.

22 ‘‘(d) Within the amounts allocated for infrastructure

23 pursuant to this section, and subject to the specific alloca24 tions made in subsection (c), additional contributions may

25 be made, as set forth in appropriations Acts, to assist in
228

HR 3019 IH

1 the resettlement of Rongelap Atoll: Provided, That the

2 total of all contributions from any Federal source after

3 enactment of this Act may not exceed $32,000,000 and

4 shall be contingent upon an agreement, satisfactory to the

5 President, that such contributions are a full and final set6 tlement of all obligations of the United States to assist

7 in the resettlement of Rongelop Atoll and that such funds

8 will be expended solely on resettlement activities and will

9 be properly audited and accounted for. In order to provide

10 such contributions in a timely manner, each Federal agen11 cy providing assistance or services, or conducting activi12 ties, in the Republic of the Marshall Islands, is authorized

13 to make funds available through the Secretary of the Inte14 rior, to assist in the resettlement of Rongelap. Nothing

15 in this subsection shall be construed to limit the provision

16 of ex gratia assistance pursuant to section 105(c)(2) of

17 the Compact of Free Association Act of 1985 (Public Law

18 99–239, 99 Stat. 1770, 1792) including for individuals

19 choosing not to resettle at Rongelap, except that no such

20 assistance for such individuals may be provided until the

21 Secretary notifies the Congress that the full amount of

22 all funds necessary for resettlement at Rongelap has been

23 provided.’’.
229

HR 3019 IH

1 TITLE II—RELATED AGENCIES

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 FOREST RESEARCH

5 For necessary expenses of forest research as author6 ized by law, $178,000,000, to remain available until Sep7 tember 30, 1997.

8 STATE AND PRIVATE FORESTRY

9 For necessary expenses of cooperating with, and pro10 viding technical and financial assistance to States, Terri11 tories, possessions, and others and for forest pest manage12 ment activities, cooperative forestry and education and

13 land conservation activities, $136,794,000, to remain

14 available until expended, as authorized by law.

15 NATIONAL FOREST SYSTEM

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, for management, protection, im18 provement, and utilization of the National Forest System,

19 for ecosystem planning, inventory, and monitoring, and for

20 administrative expenses associated with the management

21 of funds provided under the heads ‘‘Forest Research’’,

22 ‘‘State and Private Forestry’’, ‘‘National Forest System’’,

23 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup24 pression’’, and ‘‘Land Acquisition’’, $1,256,253,000, to

25 remain available for obligation until September 30, 1997,
230

HR 3019 IH

1 and including 65 per centum of all monies received during

2 the prior fiscal year as fees collected under the Land and

3 Water Conservation Fund Act of 1965, as amended, in

4 accordance with section 4 of the Act (16 U.S.C. 460l–

5 6a(i)): Provided, That unobligated and unexpended bal6 ances in the National Forest System account at the end

7 of fiscal year 1995, shall be merged with and made a part

8 of the fiscal year 1996 National Forest System appropria9 tion, and shall remain available for obligation until Sep10 tember 30, 1997: Provided further, That up to $5,000,000

11 of the funds provided herein for road maintenance shall

12 be available for the planned obliteration of roads which

13 are no longer needed.

14 WILDLAND FIRE MANAGEMENT

15 For necessary expenses for forest fire presuppression

16 activities on National Forest System lands, for emergency

17 fire suppression on or adjacent to National Forest System

18 lands or other lands under fire protection agreement, and

19 for emergency rehabilitation of burned over National For20 est System lands, $385,485,000, to remain available until

21 expended: Provided, That unexpended balances of

22 amounts previously appropriated under any other head23 ings for Forest Service fire activities may be transferred

24 to and merged with this appropriation: Provided further,

25 That such funds are available for repayment of advances
231

HR 3019 IH

1 from other appropriations accounts previously transferred

2 for such purposes.

3 CONSTRUCTION

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, $163,500,000, to remain available

6 until expended, for construction and acquisition of build7 ings and other facilities, and for construction and repair

8 of forest roads and trails by the Forest Service as author9 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

10 Provided, That funds becoming available in fiscal year

11 1996 under the Act of March 4, 1913 (16 U.S.C. 501)

12 shall be transferred to the General Fund of the Treasury

13 of the United States: Provided further, That not to exceed

14 $50,000,000, to remain available until expended, may be

15 obligated for the construction of forest roads by timber

16 purchasers: Provided further, That $2,500,000 of the

17 funds appropriated herein shall be available for a grant

18 to the ‘‘Non-Profit Citizens for the Columbia Gorge Dis19 covery Center’’ for the construction of the Columbia Gorge

20 Discovery Center: Provided further, That the Forest Serv21 ice is authorized to grant the unobligated balance of funds

22 appropriated in fiscal year 1995 for the construction of

23 the Columbia Gorge Discovery Center to the ‘‘Non-Profit

24 Citizens for the Columbia Gorge Discovery Center’’ to be

25 used for the same purpose: Provided further, That the For-
232

HR 3019 IH

1 est Service is authorized to convey the land needed for

2 the construction of the Columbia Gorge Discovery Center

3 without cost to the ‘‘Non-Profit Citizens for the Columbia

4 Gorge Discovery Center’’: Provided further, That notwith5 standing any other provision of law, funds originally ap6 propriated under this head in Public Law 101–512 for the

7 Forest Service share of a new research facility at the Uni8 versity of Missouri, Columbia, shall be available for a

9 grant to the University of Missouri, as the Federal share

10 in the construction of the new facility: Provided further,

11 That agreed upon lease of space in the new facility shall

12 be provided to the Forest Service without charge for the

13 life of the building.

14 LAND ACQUISITION

15 For expenses necessary to carry out the provisions

16 of the Land and Water Conservation Fund Act of 1965,

17 as amended (16 U.S.C. 460l–4–11), including administra18 tive expenses, and for acquisition of land or waters, or in19 terest therein, in accordance with statutory authority ap20 plicable to the Forest Service, $24,200,000, to be derived

21 from the Land and Water Conservation Fund, to remain

22 available until expended.
233

HR 3019 IH

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests,

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National

7 Forests, California, as authorized by law, $1,069,000, to

8 be derived from forest receipts.

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, to be derived from funds de11 posited by State, county, or municipal governments, public

12 school districts, or other public school authorities pursuant

13 to the Act of December 4, 1967, as amended (16 U.S.C.

14 484a), to remain available until expended.

15 RANGE BETTERMENT FUND

16 For necessary expenses of range rehabilitation, pro17 tection, and improvement, 50 per centum of all moneys

18 received during the prior fiscal year, as fees for grazing

19 domestic livestock on lands in National Forests in the six20 teen Western States, pursuant to section 401(b)(1) of

21 Public Law 94–579, as amended, to remain available until

22 expended, of which not to exceed 6 per centum shall be

23 available for administrative expenses associated with on24 the-ground range rehabilitation, protection, and improve25 ments.
234

HR 3019 IH

1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

3 For expenses authorized by 16 U.S.C. 1643(b),

4 $92,000, to remain available until expended, to be derived

5 from the fund established pursuant to the above Act.

6 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

7 Appropriations to the Forest Service for the current

8 fiscal year shall be available for: (a) purchase of not to

9 exceed 183 passenger motor vehicles of which 32 will be

10 used primarily for law enforcement purposes and of which

11 151 shall be for replacement; acquisition of 22 passenger

12 motor vehicles from excess sources, and hire of such vehi13 cles; operation and maintenance of aircraft, the purchase

14 of not to exceed two for replacement only, and acquisition

15 of 20 aircraft from excess sources; notwithstanding other

16 provisions of law, existing aircraft being replaced may be

17 sold, with proceeds derived or trade-in value used to offset

18 the purchase price for the replacement aircraft; (b) serv19 ices pursuant to the second sentence of section 706(a) of

20 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex21 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

22 purchase, erection, and alteration of buildings and other

23 public improvements (7 U.S.C. 2250); (d) acquisition of

24 land, waters, and interests therein, pursuant to the Act

25 of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur-
235

HR 3019 IH

1 suant to the Volunteers in the National Forest Act of

2 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

3 collection contracts in accordance with 31 U.S.C. 3718(c).

4 None of the funds made available under this Act shall

5 be obligated or expended to change the boundaries of any

6 region, to abolish any region, to move or close any regional

7 office for research, State and private forestry, or National

8 Forest System administration of the Forest Service, De9 partment of Agriculture, or to implement any reorganiza10 tion, ‘‘reinvention’’ or other type of organizational restruc11 turing of the Forest Service, other than the relocation of

12 the Regional Office for Region 5 of the Forest Service

13 from San Francisco to excess military property at Mare

14 Island, Vallejo, California, without the consent of the

15 House and Senate Committees on Appropriations and the

16 Committee on Agriculture, Nutrition, and Forestry and

17 the Committee on Energy and Natural Resources in the

18 United States Senate and the Committee on Agriculture

19 and the Committee on Resources in the United States

20 House of Representatives.

21 Any appropriations or funds available to the Forest

22 Service may be advanced to the Fire and Emergency Sup23 pression appropriation and may be used for forest fire24 fighting and the emergency rehabilitation of burned-over

25 lands under its jurisdiction: Provided, That no funds shall
236

HR 3019 IH

1 be made available under this authority until funds appro2 priated to the ‘‘Emergency Forest Service Firefighting

3 Fund’’ shall have been exhausted.

4 Any funds available to the Forest Service may be

5 used for retrofitting Mare Island facilities to accommodate

6 the relocation: Provided, That funds for the move must

7 come from funds otherwise available to Region 5: Provided

8 further, That any funds to be provided for such purposes

9 shall only be available upon approval of the House and

10 Senate Committees on Appropriations.

11 Funds appropriated to the Forest Service shall be

12 available for assistance to or through the Agency for Inter13 national Development and the Foreign Agricultural Serv14 ice in connection with forest and rangeland research, tech15 nical information, and assistance in foreign countries, and

16 shall be available to support forestry and related natural

17 resource activities outside the United States and its terri18 tories and possessions, including technical assistance, edu19 cation and training, and cooperation with United States

20 and international organizations.

21 None of the funds made available to the Forest Serv22 ice under this Act shall be subject to transfer under the

23 provisions of section 702(b) of the Department of Agri24 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

25 147b unless the proposed transfer is approved in advance
237

HR 3019 IH

1 by the House and Senate Committees on Appropriations

2 in compliance with the reprogramming procedures con3 tained in House Report 103–551.

4 No funds appropriated to the Forest Service shall be

5 transferred to the Working Capital Fund of the Depart6 ment of Agriculture without the approval of the Chief of

7 the Forest Service.

8 Notwithstanding any other provision of law, any ap9 propriations or funds available to the Forest Service may

10 be used to disseminate program information to private and

11 public individuals and organizations through the use of

12 nonmonetary items of nominal value and to provide

13 nonmonetary awards of nominal value and to incur nec14 essary expenses for the nonmonetary recognition of private

15 individuals and organizations that make contributions to

16 Forest Service programs.

17 Notwithstanding any other provision of law, money

18 collected, in advance or otherwise, by the Forest Service

19 under authority of section 101 of Public Law 93–153 (30

20 U.S.C. 185(1)) as reimbursement of administrative and

21 other costs incurred in processing pipeline right-of-way or

22 permit applications and for costs incurred in monitoring

23 the construction, operation, maintenance, and termination

24 of any pipeline and related facilities, may be used to reim-
238

HR 3019 IH

1 burse the applicable appropriation to which such costs

2 were originally charged.

3 Funds available to the Forest Service shall be avail4 able to conduct a program of not less than $1,000,000

5 for high priority projects within the scope of the approved

6 budget which shall be carried out by the Youth Conserva7 tion Corps as authorized by the Act of August 13, 1970,

8 as amended by Public Law 93–408.

9 None of the funds available in this Act shall be used

10 for timber sale preparation using clearcutting in hardwood

11 stands in excess of 25 percent of the fiscal year 1989 har12 vested volume in the Wayne National Forest, Ohio: Pro13 vided, That this limitation shall not apply to hardwood

14 stands damaged by natural disaster: Provided further,

15 That landscape architects shall be used to maintain a vis16 ually pleasing forest.

17 Any money collected from the States for fire suppres18 sion assistance rendered by the Forest Service on non19 Federal lands not in the vicinity of National Forest Sys20 tem lands shall be used to reimburse the applicable appro21 priation and shall remain available until expended as the

22 Secretary may direct in conducting activities authorized

23 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
239

HR 3019 IH

1 Of the funds available to the Forest Service, $1,500

2 is available to the Chief of the Forest Service for official

3 reception and representation expenses.

4 Notwithstanding any other provision of law, the For5 est Service is authorized to employ or otherwise contract

6 with persons at regular rates of pay, as determined by the

7 Service, to perform work occasioned by emergencies such

8 as fires, storms, floods, earthquakes or any other unavoid9 able cause without regard to Sundays, Federal holidays,

10 and the regular workweek.

11 To the greatest extent possible, and in accordance

12 with the Final Amendment to the Shawnee National For13 est Plan, none of the funds available in this Act shall be

14 used for preparation of timber sales using clearcutting or

15 other forms of even aged management in hardwood stands

16 in the Shawnee National Forest, Illinois.

17 Funds appropriated to the Forest Service shall be

18 available for interactions with and providing technical as19 sistance to rural communities for sustainable rural devel20 opment purposes.

21 Notwithstanding any other provision of law, eighty

22 percent of the funds appropriated to the Forest Service

23 in the National Forest System and Construction accounts

24 and planned to be allocated to activities under the ‘‘Jobs

25 in the Woods’’ program for projects on National Forest
240

HR 3019 IH

1 land in the State of Washington may be granted directly

2 to the Washington State Department of Fish and Wildlife

3 for accomplishment of planned projects. Twenty percent

4 of said funds shall be retained by the Forest Service for

5 planning and administering projects. Project selection and

6 prioritization shall be accomplished by the Forest Service

7 with such consultation with the State of Washington as

8 the Forest Service deems appropriate.

9 For one year after enactment of this Act, the Sec10 retary shall continue the current Tongass Land Manage11 ment Plan (TLMP) and may accommodate commercial

12 tourism (if an agreement is signed between the Forest

13 Service and the Alaska Visitors’ Association) except that

14 during this period, the Secretary shall maintain at least

15 the number of acres of suitable available and suitable

16 scheduled timber lands, and Allowable Sale Quantity, as

17 identified in the Preferred Alternative (Alternative P) in

18 the Tongass Land and Resources Management Plan and

19 Final Environmental Impact Statement (dated October

20 1992) as selected in the Record of Decision Review Draft

21 #3–2/93.

22 Nothing in this section shall be interpreted to man23 date clear-cutting or require the sale of timber and noth24 ing in this section, including the ASQ identified in Alter25 native P, shall be construed to limit the Secretary’s con-
241

HR 3019 IH

1 sideration of new information or prejudice future revision,

2 amendment or modification of TLMP based upon sound,

3 verifiable scientific data.

4 If the Forest Service determines in a Supplemental

5 Evaluation to an Environmental Impact Statement that

6 no additional analysis under the National Environmental

7 Policy Act or section 810 of the Alaska National Interest

8 Lands Conservation Act is necessary for any timber sale

9 or offering which has been prepared for acceptance by, or

10 award to, a purchaser after December 31, 1988, that has

11 been subsequently determined by the Forest Service to be

12 available for sale or offering to one or more other pur13 chaser, the change of purchasers for whatever reason shall

14 not be considered a significant new circumstance, and the

15 Forest Service may offer or award such timber sale or of16 fering to a different purchaser or offeree, notwithstanding

17 any other provision of law. A determination by the Forest

18 Service pursuant to this paragraph shall not be subject

19 to judicial review.

20 None of the funds appropriated under this Act for

21 the Forest Service shall be made available for the purpose

22 of applying paint to rocks, or rock colorization: Provided,

23 That notwithstanding any other provision of law, the For24 est Service shall not require of any individual or entity,

25 as part of any permitting process under its authority, or
242

HR 3019 IH

1 as a requirement of compliance with the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

3 painting or colorization of rocks.

4 DEPARTMENT OF ENERGY

5 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

6 For necessary expenses in carrying out fossil energy

7 research and development activities, under the authority

8 of the Department of Energy Organization Act (Public

9 Law 95–91), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property

11 or any facility or for plant or facility acquisition or expan12 sion, and for promoting health and safety in mines and

13 the mineral industry through research (30 U.S.C. 3,

14 861(b), and 951(a)), for conducting inquiries, techno15 logical investigations and research concerning the extrac16 tion, processing, use, and disposal of mineral substances

17 without objectionable social and environmental costs (30

18 U.S.C. 3, 1602, and 1603), and for the development of

19 methods for the disposal, control, prevention, and reclama20 tion of waste products in the mining, minerals, metal, and

21 mineral reclamation industries (30 U.S.C. 3 and 21a),

22 $416,943,000, to remain available until expended: Pro23 vided, That no part of the sum herein made available shall

24 be used for the field testing of nuclear explosives in the

25 recovery of oil and gas.
243

HR 3019 IH

1 ALTERNATIVE FUELS PRODUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 Monies received as investment income on the prin4 cipal amount in the Great Plains Project Trust at the

5 Norwest Bank of North Dakota, in such sums as are

6 earned as of October 1, 1995, shall be deposited in this

7 account and immediately transferred to the General Fund

8 of the Treasury. Monies received as revenue sharing from

9 the operation of the Great Plains Gasification Plant shall

10 be immediately transferred to the General Fund of the

11 Treasury.

12 NAVAL PETROLEUM AND OIL SHALE RESERVES

13 For necessary expenses in carrying out naval petro14 leum and oil shale reserve activities, $148,786,000, to re15 main available until expended: Provided, That the require16 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

17 year 1996: Provided further, That section 501 of Public

18 Law 101–45 is hereby repealed.

19 ENERGY CONSERVATION

20 For necessary expenses in carrying out energy con21 servation activities, $553,137,000, to remain available

22 until expended, including, notwithstanding any other pro23 vision of law, the excess amount for fiscal year 1996 deter24 mined under the provisions of section 3003(d) of Public

25 Law 99–509 (15 U.S.C. 4502), and of which $16,000,000
244

HR 3019 IH

1 shall be derived from available unobligated balances in the

2 Biomass Energy Development account: Provided, That

3 $140,696,000 shall be for use in energy conservation pro4 grams as defined in section 3008(3) of Public Law 99–

5 509 (15 U.S.C. 4507) and shall not be available until ex6 cess amounts are determined under the provisions of sec7 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

8 Provided further, That notwithstanding section 3003(d)(2)

9 of Public Law 99–509 such sums shall be allocated to the

10 eligible programs as follows: $114,196,000 for the weath11 erization assistance program and $26,500,000 for the

12 State energy conservation program.

13 ECONOMIC REGULATION

14 For necessary expenses in carrying out the activities

15 of the Economic Regulatory Administration and the Office

16 of Hearings and Appeals, $6,297,000, to remain available

17 until expended.

18 STRATEGIC PETROLEUM RESERVE

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for Strategic Petroleum Re21 serve facility development and operations and program

22 management activities pursuant to the Energy Policy and

23 Conservation Act of 1975, as amended (42 U.S.C. 6201

24 et seq.), $287,000,000, to remain available until expended,

25 of which $187,000,000 shall be derived by transfer of un-
245

HR 3019 IH

1 obligated balances from the ‘‘SPR petroleum account’’ and

2 $100,000,000 shall be derived by transfer from the ‘‘SPR

3 Decommissioning Fund’’: Provided, That notwithstanding

4 section 161 of the Energy Policy and Conservation Act,

5 the Secretary shall draw down and sell up to seven million

6 barrels of oil from the Strategic Petroleum Reserve: Pro7 vided further, That the proceeds from the sale shall be de8 posited into a special account in the Treasury, to be estab9 lished and known as the ‘‘SPR Decommissioning Fund’’,

10 and shall be available for the purpose of removal of oil

11 from and decommissioning of the Weeks Island site and

12 for other purposes related to the operations of the Strate13 gic Petroleum Reserve.

14 SPR PETROLEUM ACCOUNT

15 Notwithstanding 42 U.S.C. 6240(d) the United

16 States share of crude oil in Naval Petroleum Reserve

17 Numbered 1 (Elk Hills) may be sold or otherwise disposed

18 of to other than the Strategic Petroleum Reserve: Pro19 vided, That outlays in fiscal year 1996 resulting from the

20 use of funds in this account shall not exceed $5,000,000.

21 ENERGY INFORMATION ADMINISTRATION

22 For necessary expenses in carrying out the activities

23 of the Energy Information Administration, $72,266,000,

24 to remain available until expended: Provided, That not25 withstanding section 4(d) of the Service Contract Act of
246

HR 3019 IH

1 1965 (41 U.S.C. 353(d)) or any other provision of law,

2 funds appropriated under this heading hereafter may be

3 used to enter into a contract for end use consumption sur4 veys for a term not to exceed eight years: Provided further,

5 That notwithstanding any other provision of law, hereafter

6 the Manufacturing Energy Consumption Survey shall be

7 conducted on a triennial basis.

8 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

9 Appropriations under this Act for the current fiscal

10 year shall be available for hire of passenger motor vehicles;

11 hire, maintenance, and operation of aircraft; purchase, re12 pair, and cleaning of uniforms; and reimbursement to the

13 General Services Administration for security guard serv14 ices.

15 From appropriations under this Act, transfers of

16 sums may be made to other agencies of the Government

17 for the performance of work for which the appropriation

18 is made.

19 None of the funds made available to the Department

20 of Energy under this Act shall be used to implement or

21 finance authorized price support or loan guarantee pro22 grams unless specific provision is made for such programs

23 in an appropriations Act.

24 The Secretary is authorized to accept lands, build25 ings, equipment, and other contributions from public and
247

HR 3019 IH

1 private sources and to prosecute projects in cooperation

2 with other agencies, Federal, State, private, or foreign:

3 Provided, That revenues and other moneys received by or

4 for the account of the Department of Energy or otherwise

5 generated by sale of products in connection with projects

6 of the Department appropriated under this Act may be

7 retained by the Secretary of Energy, to be available until

8 expended, and used only for plant construction, operation,

9 costs, and payments to cost-sharing entities as provided

10 in appropriate cost-sharing contracts or agreements: Pro11 vided further, That the remainder of revenues after the

12 making of such payments shall be covered into the Treas13 ury as miscellaneous receipts: Provided further, That any

14 contract, agreement, or provision thereof entered into by

15 the Secretary pursuant to this authority shall not be exe16 cuted prior to the expiration of 30 calendar days (not in17 cluding any day in which either House of Congress is not

18 in session because of adjournment of more than three cal19 endar days to a day certain) from the receipt by the

20 Speaker of the House of Representatives and the Presi21 dent of the Senate of a full comprehensive report on such

22 project, including the facts and circumstances relied upon

23 in support of the proposed project.

24 No funds provided in this Act may be expended by

25 the Department of Energy to prepare, issue, or process
248

HR 3019 IH

1 procurement documents for programs or projects for

2 which appropriations have not been made.

3 DEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

7 For expenses necessary to carry out the Act of Au8 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina9 tion Act, the Indian Health Care Improvement Act, and

10 titles II and III of the Public Health Service Act with re11 spect to the Indian Health Service, $1,747,842,000, to12 gether with payments received during the fiscal year pur13 suant to 42 U.S.C. 300aaa–2 for services furnished by the

14 Indian Health Service: Provided, That funds made avail15 able to tribes and tribal organizations through contracts,

16 grant agreements, or any other agreements or compacts

17 authorized by the Indian Self-Determination and Edu18 cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.

19 450), shall be deemed to be obligated at the time of the

20 grant or contract award and thereafter shall remain avail21 able to the tribe or tribal organization without fiscal year

22 limitation: Provided further, That $12,000,000 shall re23 main available until expended, for the Indian Catastrophic

24 Health Emergency Fund: Provided further, That

25 $350,564,000 for contract medical care shall remain avail-
249

HR 3019 IH

1 able for obligation until September 30, 1997: Provided fur2 ther, That of the funds provided, not less than

3 $11,306,000 shall be used to carry out the loan repayment

4 program under section 108 of the Indian Health Care Im5 provement Act, as amended: Provided further, That funds

6 provided in this Act may be used for one-year contracts

7 and grants which are to be performed in two fiscal years,

8 so long as the total obligation is recorded in the year for

9 which the funds are appropriated: Provided further, That

10 the amounts collected by the Secretary of Health and

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall be available for

13 two fiscal years after the fiscal year in which they were

14 collected, for the purpose of achieving compliance with the

15 applicable conditions and requirements of titles XVIII and

16 XIX of the Social Security Act (exclusive of planning, de17 sign, or construction of new facilities): Provided further,

18 That of the funds provided, $7,500,000 shall remain avail19 able until expended, for the Indian Self-Determination

20 Fund, which shall be available for the transitional costs

21 of initial or expanded tribal contracts, grants or coopera22 tive agreements with the Indian Health Service under the

23 provisions of the Indian Self-Determination Act: Provided

24 further, That funding contained herein, and in any earlier

25 appropriations Acts for scholarship programs under the
250

HR 3019 IH

1 Indian Health Care Improvement Act (25 U.S.C. 1613)

2 shall remain available for obligation until September 30,

3 1997: Provided further, That amounts received by tribes

4 and tribal organizations under title IV of the Indian

5 Health Care Improvement Act, as amended, shall be re6 ported and accounted for and available to the receiving

7 tribes and tribal organizations until expended.

8 INDIAN HEALTH FACILITIES

9 For construction, repair, maintenance, improvement,

10 and equipment of health and related auxiliary facilities,

11 including quarters for personnel; preparation of plans,

12 specifications, and drawings; acquisition of sites, purchase

13 and erection of modular buildings, and purchases of trail14 ers; and for provision of domestic and community sanita15 tion facilities for Indians, as authorized by section 7 of

16 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

17 Self-Determination Act and the Indian Health Care Im18 provement Act, and for expenses necessary to carry out

19 the Act of August 5, 1954 (68 Stat. 674), the Indian Self20 Determination Act, the Indian Health Care Improvement

21 Act, and titles II and III of the Public Health Service Act

22 with respect to environmental health and facilities support

23 activities of the Indian Health Service, $238,958,000, to

24 remain available until expended: Provided, That notwith25 standing any other provision of law, funds appropriated
251

HR 3019 IH

1 for the planning, design, construction or renovation of

2 health facilities for the benefit of an Indian tribe or tribes

3 may be used to purchase land for sites to construct, im4 prove, or enlarge health or related facilities.

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C.

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions

10 under 5 U.S.C. 5376; hire of passenger motor vehicles and

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular

13 buildings and renovation of existing facilities; payments

14 for telephone service in private residences in the field,

15 when authorized under regulations approved by the Sec16 retary; and for uniforms or allowances therefor as author17 ized by law (5 U.S.C. 5901–5902); and for expenses of

18 attendance at meetings which are concerned with the func19 tions or activities for which the appropriation is made or

20 which will contribute to improved conduct, supervision, or

21 management of those functions or activities: Provided,

22 That in accordance with the provisions of the Indian

23 Health Care Improvement Act, non-Indian patients may

24 be extended health care at all tribally administered or In25 dian Health Service facilities, subject to charges, and the
252

HR 3019 IH

1 proceeds along with funds recovered under the Federal

2 Medical Care Recovery Act (42 U.S.C. 2651–53) shall be

3 credited to the account of the facility providing the service

4 and shall be available without fiscal year limitation: Pro5 vided further, That notwithstanding any other law or regu6 lation, funds transferred from the Department of Housing

7 and Urban Development to the Indian Health Service

8 shall be administered under Public Law 86–121 (the In9 dian Sanitation Facilities Act) and Public Law 93–638,

10 as amended: Provided further, That funds appropriated to

11 the Indian Health Service in this Act, except those used

12 for administrative and program direction purposes, shall

13 not be subject to limitations directed at curtailing Federal

14 travel and transportation: Provided further, That the In15 dian Health Service shall neither bill nor charge those In16 dians who may have the economic means to pay unless

17 and until such time as Congress has agreed upon a specific

18 policy to do so and has directed the Indian Health Service

19 to implement such a policy: Provided further, That, not20 withstanding any other provision of law, funds previously

21 or herein made available to a tribe or tribal organization

22 through a contract, grant or agreement authorized by title

23 I of the Indian Self-Determination and Education Assist24 ance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), may

25 be deobligated and reobligated to a self-governance fund-
253

HR 3019 IH

1 ing agreement under title III of the Indian Self-Deter2 mination and Education Assistance Act of 1975 and

3 thereafter shall remain available to the tribe or tribal orga4 nization without fiscal year limitation: Provided further,

5 That none of the funds made available to the Indian

6 Health Service in this Act shall be used to implement the

7 final rule published in the Federal Register on September

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to eligibility for the health care services of

10 the Indian Health Service until the Indian Health Service

11 has submitted a budget request reflecting the increased

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law: Provided further, That funds made avail15 able in this Act are to be apportioned to the Indian Health

16 Service as appropriated in this Act, and accounted for in

17 the appropriation structure set forth in this Act: Provided

18 further, That the appropriation structure for the Indian

19 Health Service may not be altered without advance ap20 proval of the House and Senate Committees on Appropria21 tions.
254

HR 3019 IH

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A, subpart 1 of the

6 Elementary and Secondary Education Act of 1965, as

7 amended, and section 215 of the Department of Education

8 Organization Act, $52,500,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $20,345,000, to remain available until expended:

15 Provided, That funds provided in this or any other appro16 priations Act are to be used to relocate eligible individuals

17 and groups including evictees from District 6, Hopi-parti18 tioned lands residents, those in significantly substandard

19 housing, and all others certified as eligible and not in20 cluded in the preceding categories: Provided further, That

21 none of the funds contained in this or any other Act may

22 be used by the Office of Navajo and Hopi Indian Reloca23 tion to evict any single Navajo or Navajo family who, as

24 of November 30, 1985, was physically domiciled on the

25 lands partitioned to the Hopi Tribe unless a new or re-
255

HR 3019 IH

1 placement home is provided for such household: Provided

2 further, That no relocatee will be provided with more than

3 one new or replacement home: Provided further, That the

4 Office shall relocate any certified eligible relocatees who

5 have selected and received an approved homesite on the

6 Navajo reservation or selected a replacement residence off

7 the Navajo reservation or on the land acquired pursuant

8 to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498 (20 U.S.C. 4401

15 et seq.), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

20 of art, science, and history; development, preservation, and

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
256

HR 3019 IH

1 (for terms not to exceed thirty years), and protection of

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $308,188,000, of which not to exceed $30,472,000 for the

7 instrumentation program, collections acquisition, Museum

8 Support Center equipment and move, exhibition

9 reinstallation, the National Museum of the American In10 dian, the repatriation of skeletal remains program, re11 search equipment, information management, and Latino

12 programming shall remain available until expended and,

13 including such funds as may be necessary to support

14 American overseas research centers and a total of

15 $125,000 for the Council of American Overseas Research

16 Centers: Provided, That funds appropriated herein are

17 available for advance payments to independent contractors

18 performing research services or participating in official

19 Smithsonian presentations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,

25 $3,250,000, to remain available until expended.
257

HR 3019 IH

1 REPAIR AND RESTORATION OF BUILDINGS

2 For necessary expenses of repair and restoration of

3 buildings owned or occupied by the Smithsonian Institu4 tion, by contract or otherwise, as authorized by section

5 2 of the Act of August 22, 1949 (63 Stat. 623), including

6 not to exceed $10,000 for services as authorized by 5

7 U.S.C. 3109, $33,954,000, to remain available until ex8 pended: Provided, That contracts awarded for environ9 mental systems, protection systems, and exterior repair or

10 restoration of buildings of the Smithsonian Institution

11 may be negotiated with selected contractors and awarded

12 on the basis of contractor qualifications as well as price.

13 CONSTRUCTION

14 For necessary expenses for construction,

15 $27,700,000, to remain available until expended.

16 NATIONAL GALLERY OF ART

17 SALARIES AND EXPENSES

18 For the upkeep and operations of the National Gal19 lery of Art, the protection and care of the works of art

20 therein, and administrative expenses incident thereto, as

21 authorized by the Act of March 24, 1937 (50 Stat. 51),

22 as amended by the public resolution of April 13, 1939

23 (Public Resolution 9, Seventy-sixth Congress), including

24 services as authorized by 5 U.S.C. 3109; payment in ad25 vance when authorized by the treasurer of the Gallery for
258

HR 3019 IH

1 membership in library, museum, and art associations or

2 societies whose publications or services are available to

3 members only, or to members at a price lower than to the

4 general public; purchase, repair, and cleaning of uniforms

5 for guards, and uniforms, or allowances therefor, for other

6 employees as authorized by law (5 U.S.C. 5901–5902);

7 purchase or rental of devices and services for protecting

8 buildings and contents thereof, and maintenance, alter9 ation, improvement, and repair of buildings, approaches,

10 and grounds; and purchase of services for restoration and

11 repair of works of art for the National Gallery of Art by

12 contracts made, without advertising, with individuals,

13 firms, or organizations at such rates or prices and under

14 such terms and conditions as the Gallery may deem prop15 er, $51,844,000, of which not to exceed $3,026,000 for

16 the special exhibition program shall remain available until

17 expended.

18 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

19 For necessary expenses of repair, restoration and

20 renovation of buildings, grounds and facilities owned or

21 occupied by the National Gallery of Art, by contract or

22 otherwise, as authorized, $6,442,000, to remain available

23 until expended: Provided, That contracts awarded for envi24 ronmental systems, protection systems, and exterior repair

25 or renovation of buildings of the National Gallery of Art
259

HR 3019 IH

1 may be negotiated with selected contractors and awarded

2 on the basis of contractor qualifications as well as price.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, mainte7 nance and security of the John F. Kennedy Center for

8 the Performing Arts, $10,323,000: Provided, That 40

9 U.S.C. 193n is hereby amended by striking the word

10 ‘‘and’’ after the word ‘‘Institution’’ and inserting in lieu

11 thereof a comma, and by inserting ‘‘and the Trustees of

12 the John F. Kennedy Center for the Performing Arts,’’

13 after the word ‘‘Art,’’.

14 CONSTRUCTION

15 For necessary expenses of capital repair and rehabili16 tation of the existing features of the building and site of

17 the John F. Kennedy Center for the Performing Arts,

18 $8,983,000, to remain available until expended.

19 WOODROW WILSON INTERNATIONAL CENTER FOR

20 SCHOLARS

21 SALARIES AND EXPENSES

22 For expenses necessary in carrying out the provisions

23 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

24 1356) including hire of passenger vehicles and services as

25 authorized by 5 U.S.C. 3109, $5,840,000.
260

HR 3019 IH

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

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $82,259,000, shall be available to the Na8 tional Endowment for the Arts for the support of projects

9 and productions in the arts through assistance to groups

10 and individuals pursuant to section 5(c) of the Act, and

11 for administering the functions of the Act, to remain avail12 able until 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

17 until September 30, 1997, to the National Endowment for

18 the Arts, of which $7,500,000 shall be available for pur19 poses of section 5(p)(1): Provided, That this appropriation

20 shall be available for obligation only in such amounts as

21 may be equal to the total amounts of gifts, bequests, and

22 devises of money, and other property accepted by the

23 Chairman or by grantees of the Endowment under the

24 provisions of section 10(a)(2), subsections 11(a)(2)(A)

25 and 11(a)(3)(A) during the current and preceding fiscal
261

HR 3019 IH

1 years for which equal amounts have not previously been

2 appropriated.

3 NATIONAL ENDOWMENT FOR THE HUMANITIES

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $94,000,000, shall be available to the Na8 tional Endowment for the Humanities for support of ac9 tivities in the humanities, pursuant to section 7(c) of the

10 Act, and for administering the functions of the Act, to

11 remain available until September 30, 1997.

12 MATCHING GRANTS

13 To carry out the provisions of section 10(a)(2) of the

14 National Foundation on the Arts and the Humanities Act

15 of 1965, as amended, $16,000,000, to remain available

16 until September 30, 1997, of which $10,000,000 shall be

17 available to the National Endowment for the Humanities

18 for the purposes of section 7(h): Provided, That this ap19 propriation shall be available for obligation only in such

20 amounts as may be equal to the total amounts of gifts,

21 bequests, and devises of money, and other property accept22 ed by the Chairman or by grantees of the Endowment

23 under the provisions of subsections 11(a)(2)(B) and

24 11(a)(3)(B) during the current and preceding fiscal years

25 for which equal amounts have not previously been appro26 priated.
262

HR 3019 IH

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,

5 to remain available until September 30, 1997.

6 ADMINISTRATIVE PROVISIONS

7 None of the funds appropriated to the National

8 Foundation on the Arts and the Humanities may be used

9 to process any grant or contract documents which do not

10 include the text of 18 U.S.C. 1913: Provided, That none

11 of the funds appropriated to the National Foundation on

12 the Arts and the Humanities may be used for official re13 ception 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.
263

HR 3019 IH

1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the Na4 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

5 including services as authorized by 5 U.S.C. 3109,

6 $5,090,000: Provided, That all appointed members will be

7 compensated at a rate not to exceed the rate for Executive

8 Schedule Level 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

15 until 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,

21 as well as operating and administrative expenses for the

22 functions transferred to the General Services Administra23 tion.
264

HR 3019 IH

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 re6 pair and rehabilitation program and $1,264,000 for the

7 Museum’s exhibition program shall remain available until

8 expended.

9 TITLE III—GENERAL PROVISIONS

10 SEC. 301. The expenditure of any appropriation

11 under this Act for any consulting service through procure12 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

13 to those contracts where such expenditures are a matter

14 of public record and available for public inspection, except

15 where otherwise provided under existing law, or under ex16 isting 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 nat20 ural gas by noncompetitive bidding on publicly owned

21 lands within the boundaries of the Shawnee National For22 est, Illinois: Provided, That nothing herein is intended to

23 inhibit or otherwise affect the sale, lease, or right to access

24 to minerals owned by private individuals.
265

HR 3019 IH

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

5 proposal 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

12 servants to any officer or employee of such department

13 or agency 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 Appropria18 tions 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’’).
266

HR 3019 IH

1 (b) SENSE OF CONGRESS; REQUIREMENT REGARD2 ING 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

6 with financial assistance provided using funds made

7 available in this Act, it is the sense of the Congress

8 that entities receiving the assistance should, in ex9 pending the assistance, purchase only American10 made equipment and products.

11 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

12 In providing financial assistance using funds made

13 available in this Act, the head of each Federal agen14 cy shall provide to each recipient of the assistance

15 a notice describing the statement made in paragraph

16 (1) 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

20 agency that any person intentionally affixed a label bear21 ing a ‘‘Made in America’’ inscription, or any inscription

22 with the same meaning, to any product sold in or shipped

23 to the United States that is not made in the United

24 States, the person shall be ineligible to receive any con25 tract or subcontract made with funds made available in
267

HR 3019 IH

1 this Act, pursuant to the debarment, suspension, and ineli2 gibility procedures described in sections 9.400 through

3 9.409 of title 48, 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 classi6 fied as giant sequoia (sequoiadendron giganteum) which

7 are located on National Forest System or Bureau of Land

8 Management lands in a manner different than such sales

9 were 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

18 100–297, are less than the estimated costs thereof, use

19 of the resulting excess funds shall be determined by the

20 appropriate 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 sec24 tion 108 of Public Law 93–638, as amended, may be made
268

HR 3019 IH

1 on the first business day following the first day of a fiscal

2 quarter.

3 SEC. 312. None of the funds appropriated or other4 wise made available by this Act may be used for the

5 AmeriCorps program, unless the relevant agencies of the

6 Department of the Interior and/or Agriculture follow ap7 propriate reprogramming guidelines: Provided, That if no

8 funds are provided for the AmeriCorps program by the

9 VA–HUD and Independent Agencies fiscal year 1996 ap10 propriations bill, then none of the funds appropriated or

11 otherwise made available by this Act may be used for the

12 AmeriCorps programs.

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 ease18 ments it has executed or will execute by March 31,

19 1996, in carrying out its powers and duties under

20 the Pennsylvania Avenue Development Corporation

21 Act (40 U.S.C. 871–885) and the Federal Triangle

22 Development Act (40 U.S.C. 1101–1109) to the

23 General Services Administration, National Capital

24 Planning Commission, or the National Park Service;

25 and
269

HR 3019 IH

1 (2) except as provided by subsection (d), trans2 fer all rights, title, and interest in and to all prop3 erty, both real and personal, held in the name of the

4 Pennsylvania Avenue Development Corporation to

5 the 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

12 agreements entered into by the Pennsylvania Avenue

13 Development Corporation and private parties, in14 cluding, 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

21 431.

22 (D) The Market Square North project on

23 Square 407.

24 (2) Collection of sale or lease revenue owed the

25 Federal Government (if any) in the event two unde-
270

HR 3019 IH

1 veloped sites owned by the Pennsylvania Avenue De2 velopment Corporation on Squares 457 and 406 are

3 sold or leased prior to April 1, 1996.

4 (3) Application of collected revenue to repay

5 United States Treasury debt incurred by the Penn6 sylvania Avenue Development Corporation in the

7 course of acquiring real estate.

8 (4) Performing financial audits for projects in

9 which the Pennsylvania Avenue Development Cor10 poration has actual or potential revenue expectation,

11 as identified in paragraphs (1) and (2), in accord12 ance with procedures described in applicable sale or

13 lease agreements.

14 (5) Disposition of real estate properties which

15 are or become available for sale and lease or other

16 uses.

17 (6) Payment of benefits in accordance with the

18 Uniform Relocation Assistance and Real Property

19 Acquisitions Policies Act of 1970 to which persons

20 in the project area squares are entitled as a result

21 of the Pennsylvania Avenue Development Corpora22 tion’s acquisition of real estate.

23 (7) Carrying out the responsibilities of the

24 Pennsylvania Avenue Development Corporation

25 under the Federal Triangle Development Act (40
271

HR 3019 IH

1 U.S.C. 1101–1109), including responsibilities for

2 managing assets and liabilities of the Corporation

3 under such Act.

4 (c) In carrying out the responsibilities of the Penn5 sylvania Avenue Development Corporation transferred

6 under this section, the Administrator of the General Serv7 ices Administration shall have the following powers:

8 (1) To acquire lands, improvements, and prop9 erties by purchase, lease or exchange, and to sell,

10 lease, or otherwise dispose of real or personal prop11 erty as necessary to complete the development plan

12 developed under section 5 of the Pennsylvania Ave13 nue Development Corporation Act of 1972 (40

14 U.S.C. 874) if a notice of intention to carry out such

15 acquisition or disposal is first transmitted to the

16 Committee on Transportation and Infrastructure

17 and the Committee on Appropriations of the House

18 of Representatives and the Committee on Environ19 ment and Public Works and the Committee on Ap20 propriations of the Senate and at least 60 days

21 elapse after the date of such transmission.

22 (2) To modify from time to time the plan re23 ferred to in paragraph (1) if such modification is

24 first transmitted to the Committee on Transpor25 tation and Infrastructure and the Committee on Ap-
272

HR 3019 IH

1 propriations of the House of Representatives and the

2 Committee on Environment and Public Works and

3 the Committee on Appropriations of the Senate and

4 at least 60 days elapse after the date of such trans5 mission.

6 (3) To maintain any existing Pennsylvania Ave7 nue Development Corporation insurance programs.

8 (4) To enter into and perform such leases, con9 tracts, or other transactions with any agency or in10 strumentality of the United States, the several

11 States, or the District of Columbia or with any per12 son, firm, association, or corporation as may be nec13 essary to carry out the responsibilities of the Penn14 sylvania Avenue Development Corporation under the

15 Federal Triangle Development Act (40 U.S.C.

16 1101–1109).

17 (5) To request the Council of the District of

18 Columbia to close any alleys necessary for the com19 pletion of development in Square 457.

20 (6) To use all of the funds transferred from the

21 Pennsylvania Avenue Development Corporation or

22 income earned on Pennsylvania Avenue Development

23 Corporation property to complete any pending devel24 opment projects.
273

HR 3019 IH

1 (d)(1)(A) On or before April 1, 1996, the Pennsylva2 nia Avenue Development Corporation shall transfer all its

3 right, title, and interest in and to the property described

4 in subparagraph (B) to the National Park Service, De5 partment of the Interior.

6 (B) The property referred to in subparagraph (A) is

7 the property located within the Pennsylvania Avenue Na8 tional Historic Site depicted on a map entitled ‘‘Penn9 sylvania Avenue National Historic Park’’, dated June 1,

10 1995, and numbered 840–82441, which shall be on file

11 and available for public inspection in the offices of the Na12 tional Park Service, Department of the Interior. The

13 Pennsylvania Avenue National Historic Site includes the

14 parks, plazas, sidewalks, special lighting, trees, sculpture,

15 and memorials.

16 (2) Jurisdiction of Pennsylvania Avenue and all other

17 roadways from curb to curb shall remain with the District

18 of Columbia but vendors shall not be permitted to occupy

19 street space except during temporary special events.

20 (3) The National Park Service shall be responsible

21 for management, administration, maintenance, law en22 forcement, visitor services, resource protection, interpreta23 tion, and historic preservation at the Pennsylvania Avenue

24 National Historic Site.
274

HR 3019 IH

1 (4) The National Park Service may enter into con2 tracts, cooperative agreements, or other transactions with

3 any agency or instrumentality of the United States, the

4 several States, or the District of Columbia or with any

5 person, firm, association, or corporation as may be deemed

6 necessary or appropriate for the conduct of special events,

7 festivals, concerts, or other art and cultural programs at

8 the Pennsylvania Avenue National Historic Site or may

9 establish a nonprofit foundation to solicit funds for such

10 activities.

11 (e) Notwithstanding any other provision of law, the

12 responsibility for ensuring that development or redevelop13 ment in the Pennsylvania Avenue area is carried out in

14 accordance with the Pennsylvania Avenue Development

15 Corporation Plan—1974, as amended, is transferred to

16 the National Capital Planning Commission or its succes17 sor commencing April 1, 1996.

18 (f) SAVINGS PROVISIONS.—

19 (1) REGULATIONS.—Any regulations prescribed

20 by the Corporation in connection with the Penn21 sylvania Avenue Development Corporation Act of

22 1972 (40 U.S.C. 871–885) and the Federal Triangle

23 Development Act (40 U.S.C. 1101–1109) shall con24 tinue in effect until suspended by regulations pre-
275

HR 3019 IH

1 scribed by the Administrator of the General Services

2 Administration.

3 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA4 TIONS NOT AFFECTED.—Subsection (a) shall not be

5 construed as affecting the validity of any right, duty,

6 or obligation of the United States or any other per7 son arising under or pursuant to any contract, loan,

8 or other instrument or agreement which was in ef9 fect on the day before the date of the transfers

10 under subsection (a).

11 (3) CONTINUATION OF SUITS.—No action or

12 other proceeding commenced by or against the Cor13 poration in connection with administration of the

14 Pennsylvania Avenue Development Corporation Act

15 of 1972 (40 U.S.C. 871–885) and the Federal Tri16 angle Development Act (40 U.S.C. 1101–1109) shall

17 abate by reason of enactment and implementation of

18 this Act, except that the General Services Adminis19 tration shall be substituted for the Corporation as a

20 party to any such action or proceeding.

21 (g) Section 3(b) of the Pennsylvania Avenue Develop22 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

23 amended as follows:

24 ‘‘(b) The Corporation shall be dissolved on or before

25 April 1, 1996. Upon dissolution, assets, obligations, in-
276

HR 3019 IH

1 debtedness, and all unobligated and unexpended balances

2 of the Corporation shall be transferred in accordance with

3 the Department of the Interior and Related Agencies Ap4 propriations Act, 1996.’’.

5 SEC. 314. (a) Except as provided in subsection (b),

6 no part of any appropriation contained in this Act or any

7 other Act shall be obligated or expended for the operation

8 or implementation of the Interior Columbia Basin Eco9 system Management Project (hereinafter ‘‘Project’’).

10 (b) From the funds appropriated to the Forest Serv11 ice and Bureau of Land Management: a sum of

12 $4,000,000 is made available for the Executive Steering

13 Committee of the Project to publish, and submit to the

14 Congress, by May 31, 1996, an assessment of the National

15 Forest System lands and lands administered by the Bu16 reau of Land Management within the area encompassed

17 by the Project. The assessment shall be accompanied by

18 two draft Environmental Impact Statements that: are not

19 decisional and not subject to judicial review; contain a

20 range of alternatives, without the identification of a pre21 ferred alternative or management recommendation; and

22 provide a methodology for conducting any cumulative ef23 fects analysis required by section 102(2) of the National

24 Environmental Policy Act (42 U.S.C. 433(2)) in the prep25 aration of amendments to resource management plans
277

HR 3019 IH

1 pursuant to subsection (c). The assessment shall incor2 porate all existing relevant scientific information includ3 ing, but not limited to, information on landscape dynam4 ics, forest and rangeland health conditions, fisheries, and

5 watersheds and the implications of each as they relate to

6 federal forest and rangeland health. The assessment and

7 draft Environmental Impact Statements shall not be: the

8 subject of consultation or conferencing pursuant to section

9 7 of the Endangered Species Act of 1973 (16 U.S.C.

10 1536); accompanied by any record of decision or other Na11 tional Environmental Policy Act documentation; or applied

12 or used to regulate non-federal lands. The Executive

13 Steering Committee shall release the draft Environmental

14 Impact Statements for a ninety day public comment pe15 riod and include a summary of the public comments re16 ceived in the Submission to Congress.

17 (c)(1) From the funds appropriated to the Forest

18 Service and the Bureau of Land Management, based on

19 the documents prepared pursuant to subsection (b) and

20 any other guidance or policy issued prior to the date of

21 enactment of this section, and in consultation with the af22 fected Governor, and county commissioners, each Forest

23 Supervisor and District Manager with responsibility for a

24 national forest or a unit of land administered by the Bu25 reau of Land Management (hereinafter ‘‘forest’’) within
278

HR 3019 IH

1 the area encompassed by the Project shall review the re2 source management plan (hereinafter ‘‘plan’’) for such

3 forest and develop, by an amendment to such plan, a

4 modification of or alternative to any policy which is appli5 cable to such plan upon the date of enactment of this sec6 tion (whether or not such policy has been added to such

7 plan by amendment), including any policy which is, or is

8 intended to be, of limited duration, and which the Project

9 addresses, to meet the specific conditions of such forest.

10 Each amendment shall: contain the modified or alternative

11 policy developed pursuant to this paragraph, be directed

12 solely to and affect only such plan; address the specific

13 conditions of the forest to which the plan applies and the

14 relationship of the modified or alternative policy to such

15 conditions; and, to the maximum extent practicable, estab16 lish site-specific standards in lieu of imposing general

17 standards applicable to multiple sites.

18 (2)(A) Each amendment prepared pursuant to para19 graph (1) shall comply with any applicable requirements

20 of section 102(2) of the National Environmental Policy

21 Act, except that any cumulative effects analysis conducted

22 in accordance with the methodology provided pursuant to

23 subsection (b) shall be deemed to meet any requirements

24 of such Act for such analysis.
279

HR 3019 IH

1 (B) Any policy adopted in an amendment prepared

2 pursuant to paragraph (1) which is a modification of or

3 alternative to a policy referred to in paragraph (1) upon

4 which consultation or conferencing has occurred pursuant

5 to section 7 of the Endangered Species Act of 1973 shall

6 not again be subject to the consultation or conferencing

7 provisions of such section 7. Any other consultation or

8 conferencing required by such section 7 shall be conducted

9 separately on each amendment prepared pursuant to para10 graph (1): Provided, That, except as provided in this sub11 paragraph, no other consultation shall be undertaken on

12 such amendments, or any project or activity which is con13 sistent with an applicable amendment, on any policy re14 ferred to in paragraph (1), or on any portion of any plan

15 related to such policy or the species to which such policy

16 applies.

17 (3) Each amendment prepared pursuant to para18 graph (1) shall be adopted on or before March 31, 1997,

19 and no policy referred to in paragraph (1), or any provi20 sion of a plan or other planning document incorporating

21 such policy, shall be effective in any forest subject to the

22 Project on or after such date, or after an amendment to

23 the plan which applies to such forest is adopted pursuant

24 to this subsection, whichever occurs first.
280

HR 3019 IH

1 (4) On the signing of a record of decision or equiva2 lent document making an amendment for the Clearwater

3 National Forest pursuant to paragraph (1), the require4 ment for revision referred to in this Stipulation of Dismis5 sal dated September 13, 1993, applicable to such forest

6 is deemed to be satisfied, and the interim management

7 direction provisions contained in the Stipulation of Dis8 missal shall be of no further effect with respect to such

9 forest.

10 SEC. 315. RECREATIONAL FEE DEMONSTRATION

11 PROGRAM.—(a) The Secretary of the Interior (acting

12 through the Bureau of Land Management, the National

13 Park Service and the United States Fish and Wildlife

14 Service) and the Secretary of Agriculture (acting through

15 the Forest Service) shall each implement a fee program

16 to demonstrate the feasibility of user-generated cost recov17 ery for the operation and maintenance of recreation areas

18 or sites and habitat enhancement projects on Federal

19 lands.

20 (b) In carrying out the pilot program established pur21 suant to this section, the appropriate Secretary shall select

22 from areas under the jurisdiction of each of the four agen23 cies referred to in subsection (a) no fewer than 10, but

24 as many as 50, areas, sites or projects for fee demonstra-
281

HR 3019 IH

1 tion. For each such demonstration, the Secretary, notwith2 standing any other provision of law—

3 (1) shall charge and collect fees for admission

4 to the area or for the use of outdoor recreation sites,

5 facilities, visitor centers, equipment, and services by

6 individuals and groups, or any combination thereof;

7 (2) shall establish fees under this section based

8 upon a variety of cost recovery and fair market valu9 ation methods to provide a broad basis for feasibility

10 testing;

11 (3) may contract, including provisions for rea12 sonable commissions, with any public or private en13 tity to provide visitor services, including reservations

14 and information, and may accept services of volun15 teers to collect fees charged pursuant to paragraph

16 (1);

17 (4) may encourage private investment and part18 nerships to enhance the delivery of quality customer

19 services and resource enhancement, and provide ap20 propriate recognition to such partners or investors;

21 and

22 (5) may assess a fine of not more than $100

23 for any violation of the authority to collect fees for

24 admission to the area or for the use of outdoor
282

HR 3019 IH

1 recreation sites, facilities, visitor centers, equipment,

2 and services.

3 (c)(1) Amounts collected at each fee demonstration

4 area, site or project shall be distributed as follows:

5 (A) Of the amount in excess of 104% of the

6 amount collected in fiscal year 1995, and thereafter

7 annually adjusted upward by 4%, eighty percent to

8 a special account in the Treasury for use without

9 further appropriation, by the agency which admin10 isters the site, to remain available for expenditures

11 in accordance with paragraph (2)(A).

12 (B) Of the amount in excess of 104% of the

13 amount collected in fiscal year 1995, and thereafter

14 annually adjusted upward by 4%, twenty percent to

15 a special account in the Treasury for use without

16 further appropriation, by the agency which admin17 isters the site, to remain available for expenditure in

18 accordance with paragraph (2)(B).

19 (C) For agencies other than the Fish and Wild20 life Service, up to 15% of current year collections of

21 each agency, but not greater than fee collection costs

22 for that fiscal year, to remain available for expendi23 ture without further appropriation in accordance

24 with paragraph (2)(C).
283

HR 3019 IH

1 (D) For agencies other than the Fish and Wild2 life Service, the balance to the special account estab3 lished pursuant to subparagraph (A) of section

4 4(i)(1) of the Land and Water Conservation Fund

5 Act, as amended.

6 (E) For the Fish and Wildlife Service, the bal7 ance shall be distributed in accordance with section

8 201(c) of the Emergency Wetlands Resources Act.

9 (2)(A) Expenditures from site specific special funds

10 shall be for further activities of the area, site or project

11 from which funds are collected, and shall be accounted for

12 separately.

13 (B) Expenditures from agency specific special funds

14 shall be for use on an agency-wide basis and shall be ac15 counted for separately.

16 (C) Expenditures from the fee collection support fund

17 shall be used to cover fee collection costs in accordance

18 with section 4(i)(1)(B) of the Land and Water Conserva19 tion Fund Act, as amended: Provided, That funds unex20 pended and unobligated at the end of the fiscal year shall

21 not be deposited into the special account established pur22 suant to section 4(i)(1)(A) of said Act and shall remain

23 available for expenditure without further appropriation.

24 (3) In order to increase the quality of the visitor expe25 rience at public recreational areas and enhance the protec-
284

HR 3019 IH

1 tion of resources, amounts available for expenditure under

2 this section may only be used for the area, site or project

3 concerned, for backlogged repair and maintenance projects

4 (including projects relating to health and safety) and for

5 interpretation, signage, habitat or facility enhancement,

6 resource preservation, annual operation (including fee col7 lection), maintenance, and law enforcement relating to

8 public use. The agencywide accounts may be used for the

9 same purposes set forth in the preceding sentence, but for

10 areas, sites or projects selected at the discretion of the

11 respective agency head.

12 (d)(1) Amounts collected under this section shall not

13 be taken into account for the purposes of the Act of May

14 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

15 the Act of March 4, 1913 (16 U.S.C. 501), the Act of

16 July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937

17 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.),

18 the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69

19 of title 31, United States Code, section 401 of the Act

20 of June 15, 1935 (16 U.S.C. 715s), the Land and Water

21 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

22 other provision of law relating to revenue allocation.

23 (2) Fees charged pursuant to this section shall be in

24 lieu of fees charged under any other provision of law.
285

HR 3019 IH

1 (e) The Secretary of the Interior and the Secretary

2 of Agriculture shall carry out this section without promul3 gating regulations.

4 (f) The authority to collect fees under this section

5 shall commence on October 1, 1995, and end on Septem6 ber 30, 1998. Funds in accounts established shall remain

7 available through September 30, 2001.

8 SEC. 316. Section 2001(a)(2) of Public Law 104–19

9 is amended as follows: Strike ‘‘September 30, 1997’’ and

10 insert in lieu thereof ‘‘December 31, 1996’’.

11 SEC. 317. None of the funds made available in this

12 Act may be used for any program, project, or activity

13 when it is made known to the Federal entity or official

14 to which the funds are made available that the program,

15 project, or activity is not in compliance with any applicable

16 Federal law relating to risk assessment, the protection of

17 private property rights, or unfunded mandates.

18 SEC. 318. None of the funds provided in this Act may

19 be made available for the Mississippi River Corridor Herit20 age Commission.

21 SEC. 319. GREAT BASIN NATIONAL PARK.—Section

22 3 of the Great Basin National Park Act of 1986 (16

23 U.S.C. 410mm–1) is amended—

24 (1) in the first sentence of subsection (e) by

25 striking ‘‘shall’’ and inserting ‘‘may’’; and
286

HR 3019 IH

1 (2) in subsection (f)—

2 (A) by striking ‘‘At the request’’ and in3 serting the following:

4 ‘‘(1) EXCHANGES.—At the request’’;

5 (B) by striking ‘‘grazing permits’’ and in6 serting ‘‘grazing permits and grazing leases’’;

7 and

8 (C) by adding after ‘‘Federal lands.’’ the

9 following:

10 ‘‘(2) ACQUISITION BY DONATION.—

11 (A) IN GENERAL.—The Secretary may ac12 quire by donation valid existing permits and

13 grazing leases authorizing grazing on land in

14 the park.

15 (B) TERMINATION.—The Secretary shall

16 terminate a grazing permit or grazing lease ac17 quired under subparagraph (A) so as to end

18 grazing previously authorized by the permit or

19 lease.’’.

20 SEC. 320. None of the funds made available in this

21 Act shall be used by the Department of Energy in imple22 menting the Codes and Standards Program to propose,

23 issue, or prescribe any new or amended standard: Pro24 vided, That this section shall expire on September 30,

25 1996: Provided further, That nothing in this section shall
287

HR 3019 IH

1 preclude the Federal Government from promulgating rules

2 concerning energy efficiency standards for the construc3 tion of new federally-owned commercial and residential

4 buildings.

5 SEC. 321. None of the funds made available in this

6 Act may be used (1) to demolish the bridge between Jersey

7 City, New Jersey, and Ellis Island; or (2) to prevent pe8 destrian use of such bridge, when it is made known to

9 the Federal official having authority to obligate or expend

10 such funds that such pedestrian use is consistent with gen11 erally accepted safety standards.

12 SEC. 322. (a) None of the funds appropriated or oth13 erwise made available pursuant to this Act shall be obli14 gated or expended to accept or process applications for

15 a patent for any mining or mill site claim located under

16 the general mining laws.

17 (b) The provisions of subsection (a) shall not apply

18 if the Secretary of the Interior determines that, for the

19 claim concerned: (1) a patent application was filed with

20 the Secretary on or before September 30, 1994, and (2)

21 all requirements established under sections 2325 and 2326

22 of the Revised Statutes (30 U.S.C. 29 and 30) for vein

23 or lode claims and sections 2329, 2330, 2331, and 2333

24 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for

25 placer claims, and section 2337 of the Revised Statutes
288

HR 3019 IH

1 (30 U.S.C. 42) for mill site claims, as the case may be,

2 were fully complied with by the applicant by that date.

3 (c) PROCESSING SCHEDULE.—For those applications

4 for patents pursuant to subsection (b) which were filed

5 with the Secretary of the Interior, prior to September 30,

6 1994, the Secretary of the Interior shall—

7 (1) Within three months of the enactment of

8 this Act, file with the House and Senate Committees

9 on Appropriations and the Committee on Resources

10 of the House of Representatives and the Committee

11 on Energy and Natural Resources of the United

12 States Senate a plan which details how the Depart13 ment of the Interior will make a final determination

14 as to whether or not an applicant is entitled to a

15 patent under the general mining laws on at least 90

16 percent of such applications within five years of the

17 enactment of this Act and file reports annually

18 thereafter with the same committees detailing ac19 tions taken by the Department of the Interior to

20 carry out such plan; and

21 (2) Take such actions as may be necessary to

22 carry out such plan.

23 (d) MINERAL EXAMINATIONS.—In order to process

24 patent applications in a timely and responsible manner,

25 upon the request of a patent applicant, the Secretary of
289

HR 3019 IH

1 the Interior shall allow the applicant to fund a qualified

2 third-party contractor to be selected by the Bureau of

3 Land Management to conduct a mineral examination of

4 the mining claims or mill sites contained in a patent appli5 cation as set forth in subsection (b). The Bureau of Land

6 Management shall have the sole responsibility to choose

7 and pay the third-party contractor in accordance with the

8 standard procedures employed by the Bureau of Land

9 Management in the retention of third-party contractors.

10 SEC. 323. None of the funds appropriated or other11 wise made available by this Act may be used for the pur12 poses of acquiring lands in the counties of Lawrence, Mon13 roe, or Washington, Ohio, for the Wayne National Forest.

14 SEC. 324. No part of any appropriation contained in

15 this Act or any other Act shall be expended or obligated

16 to fund the activities of the Office of Forestry and Eco17 nomic Development after December 31, 1995.

18 SEC. 325. Amend section 2001(k) of Public Law

19 104–19 by striking ‘‘in fiscal years 1995 and 1996’’ in

20 paragraph (1) and adding paragraph (4) to read:

21 ‘‘(4) TIMING AND CONDITIONS OF ALTER22 NATIVE VOLUME.—For any sale subject to para23 graph (2) of this subsection, the Secretary concerned

24 shall, and for any other sale subject to this sub25 section, the Secretary concerned may, within 45
290

HR 3019 IH

1 days of the date of enactment of this paragraph,

2 reach agreement with the purchaser to provide by a

3 date agreed to by the purchaser, a volume, value and

4 kind of timber satisfactory to the purchaser to sub5 stitute for all or a portion of the timber subject to

6 the sale, which shall be subject to the original terms

7 of the contract except as otherwise agreed, and shall

8 be subject to paragraph (1). After the agreed date

9 for providing alternative timber the purchaser may

10 operate the original sale under the terms of para11 graph (1) until the Secretary concerned designates

12 and the purchaser accepts alternative timber under

13 this paragraph. Any sale subject to this subsection

14 shall be awarded and released and may be operated

15 under the terms of paragraph (1) until completed

16 and shall not count against current allowable sale

17 quantities or timber sales to be offered under sub18 section (b) and (d).’’

19 SEC. 326. (a) LAND EXCHANGE.—The Secretary of

20 the Interior (hereinafter referred to as the ‘‘Secretary’’)

21 is authorized to convey to the Boise Cascade Corporation

22 (hereinafter referred to as the ‘‘Corporation’’), a corpora23 tion formed under the statutes of the State of Delaware,

24 with its principal place of business at Boise, Idaho, title

25 to approximately seven acres of land, more or less, located
291

HR 3019 IH

1 in sections 14 and 23, township 36 north, range 37 east,

2 Willamette Meridian, Stevens County, Washington, fur3 ther identified in the records of the Bureau of Reclama4 tion, Department of the Interior, as Tract No. GC–19860,

5 and to accept from the Corporation in exchange therefor,

6 title to approximately one hundred and thirty-six acres of

7 land located in section 19, township 37 north, range 38

8 east and section 33, township 38 north, range 37 east,

9 Willamette Meridian, Stevens County, Washington, and

10 further identified in the records of the Bureau of Reclama11 tion, Department of the Interior, as Tract No. GC–19858

12 and Tract No. GC–19859, respectively.

13 (b) APPRAISAL.—The properties so exchanged either

14 shall be approximately equal in fair market value or if they

15 are not approximately equal, shall be equalized by the pay16 ment of cash to the Corporation or to the Secretary as

17 required or in the event the value of the Corporation’s

18 lands is greater, the acreage may be reduced so that the

19 fair market value is approximately equal: Provided, That

20 the Secretary shall order appraisals made of the fair mar21 ket value of each tract of land included in the exchange

22 without consideration for improvements thereon: Provided

23 further, That any cash payment received by the Secretary

24 shall be covered in the Reclamation Fund and credited to

25 the Columbia Basin project.
292

HR 3019 IH

1 (c) ADMINISTRATIVE COSTS.—Costs of conducting

2 the necessary land surveys, preparing the legal descrip3 tions of the lands to be conveyed, performing the apprais4 als, and administrative costs incurred in completing the

5 exchange shall be borne by the Corporation.

6 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)

7 The Secretary shall not acquire any lands under this Act

8 if the Secretary determines that such lands, or any portion

9 thereof, have become contaminated with hazardous sub10 stances (as defined in the Comprehensive Environmental

11 Response, Compensation, and Liability Act (42 U.S.C.

12 9601)).

13 (2) Notwithstanding any other provision of law, the

14 United States shall have no responsibility or liability with

15 respect to any hazardous wastes or other substances

16 placed on any of the lands covered by this Act after their

17 transfer to the ownership of any party, but nothing in this

18 Act shall be construed as either diminishing or increasing

19 any responsibility or liability of the United States based

20 on the condition of such lands on the date of their transfer

21 to the ownership of another party. The Corporation shall

22 indemnify the United States for liabilities arising under

23 the Comprehensive Environmental Response, Compensa24 tion, and Liability Act (42 U.S.C. 9601), and the Re-
293

HR 3019 IH

1 source Conservation Recovery Act (42 U.S.C. 6901 et

2 seq.).

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as may be

5 necessary to carry out the purposes of this Act.

6 SEC. 327. TIMBER SALES PIPELINE RESTORATION

7 FUNDS.—(a) The Secretary of Agriculture and the Sec8 retary of the Interior shall each establish a Timber Sales

9 Pipeline Restoration Fund (hereinafter ‘‘Agriculture

10 Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues

11 received from sales released under section 2001(k) of the

12 fiscal year 1995 Supplemental Appropriations for Disaster

13 Assistance and Rescissions Act, minus the funds necessary

14 to make payments to States or local governments under

15 other law concerning the distribution of revenues derived

16 from the affected lands, which are in excess of

17 $37,500,000 (hereinafter ‘‘excess revenues’’) shall be de18 posited into the Funds. The distribution of excess reve19 nues between the Agriculture Fund and Interior Fund

20 shall be calculated by multiplying the total of excess reve21 nues times a fraction with a denominator of the total reve22 nues received from all sales released under such section

23 2001(k) and numerators of the total revenues received

24 from such sales on lands within the National Forest Sys25 tem and the total revenues received from such sales on
294

HR 3019 IH

1 lands administered by the Bureau of Land Management,

2 respectively: Provided, That revenues or portions thereof

3 from sales released under such section 2001(k), minus the

4 amounts necessary for State and local government pay5 ments and other necessary deposits, may be deposited into

6 the Funds immediately upon receipt thereof and subse7 quently redistributed between the Funds or paid into the

8 United States Treasury as miscellaneous receipts as may

9 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
295

HR 3019 IH

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

7 lands within the National Forest System and lands

8 administered by the Bureau of Land Management,

9 respectively.

10 (2) Expenditures under this subsection for prepara11 tion of timber sales may include expenditures for Forest

12 Service activities within the forest land management budg13 et line item and associated timber roads, and Bureau of

14 Land Management activities within the Oregon and Cali15 fornia grant lands account and the forestry management

16 area account, 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

25 set forth in subsection (b).
296

HR 3019 IH

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, when5 ever the Secretary concerned makes a finding, published

6 in the Federal Register, that sales sufficient to achieve

7 the total allowable sales quantity of the National Forest

8 System for the Forest Service or the allowable sales level

9 for the Oregon and California grant lands for the Bureau

10 of Land Management, 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

20 sales, and timber sale preparation and recreation project

21 work undertaken during the previous year and projected

22 for the next year under the Fund. Such information shall

23 be provided for each Forest Service region and Bureau

24 of Land Management State office.
297

HR 3019 IH

1 (g) The authority of this section shall terminate upon

2 the termination of both Funds in accordance with the pro3 visions 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

7 to an individual if such grant is awarded to such in8 dividual for a literature fellowship, National Herit9 age Fellowship, or American Jazz Masters Fellow10 ship.

11 (b) The Chairperson shall establish procedures

12 to ensure that no funding provided through a grant,

13 except a grant made to a State or regional group,

14 may be used to make a grant to any other organiza15 tion or individual to conduct activity independent of

16 the direct grant recipient. Nothing in this subsection

17 shall prohibit payments made in exchange for goods

18 and services.

19 (c) No grant shall be used for seasonal support

20 to a group, unless the application is specific to the

21 contents of the season, including identified programs

22 and/or projects.

23 SEC. 329. DELAY IN IMPLEMENTATION OF THE AD24 MINISTRATION’S RANGELAND REFORM PROGRAM.—None

25 of the funds made available under this or any other Act
298

HR 3019 IH

1 may be used to implement or enforce the final rule pub2 lished by the Secretary of the Interior on February 22,

3 1995 (60 Fed. Reg. 9894), making amendments to parts

4 4, 1780, and 4100 of title 43, Code of Federal Regula5 tions, to take effect August 21, 1995, until November 21,

6 1995. None of the funds made available under this or any

7 other Act may be used to publish proposed or enforce final

8 regulations governing the management of livestock grazing

9 on lands administered by the Forest Service until Novem10 ber 21, 1995.

11 SEC. 330. Section 1864 of title 18, United States

12 Code, is amended—

13 (1) in subsection (b)—

14 (A) in paragraph (2), by striking ‘‘twenty’’

15 and inserting ‘‘40’’;

16 (B) in paragraph (3), by striking ‘‘ten’’

17 and inserting ‘‘20’’;

18 (C) in paragraph (4), by striking ‘‘if dam19 age exceeding $10,000 to the property of any

20 individual results,’’ and inserting ‘‘if damage to

21 the property of any individual results or if

22 avoidance costs have been incurred exceeding

23 $10,000, in the aggregate,’’; and

24 (D) in paragraph (4), by striking ‘‘ten’’

25 and inserting ‘‘20’’;
299

HR 3019 IH

1 (2) in subsection (c) by striking ‘‘ten’’ and in2 serting ‘‘20’’;

3 (3) in subsection (d), by—

4 (A) striking ‘‘and’’ at the end of paragraph

5 (2);

6 (B) striking the period at the end of para7 graph (3) and inserting ‘‘; and’’; and

8 (C) adding at the end the following:

9 ‘‘(4) the term ‘avoidance costs’ means costs in10 curred by any individual for the purpose of—

11 ‘‘(A) detecting a hazardous or injurious de12 vice; or

13 ‘‘(B) preventing death, serious bodily in14 jury, bodily injury, or property damage likely to

15 result from the use of a hazardous or injurious

16 device in violation of subsection (a).’’; and

17 (4) by adding at the end thereof the following:

18 ‘‘(e) Any person injured as the result of a violation

19 of subsection (a) may commence a civil action on his own

20 behalf against any person who is alleged to be in violation

21 of subsection (a). The district courts shall have jurisdic22 tion, without regard to the amount in controversy or the

23 citizenship of the parties, in such civil actions. The court

24 may award, in addition to monetary damages for any in25 jury resulting from an alleged violation of subsection (a),
300

HR 3019 IH

1 costs of litigation, including reasonable attorney and ex2 pert witness fees, to any prevailing or substantially pre3 vailing party, whenever the court determines such award

4 is appropriate.’’.

5 SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT

6 FOR THE ARTS.—Section 2 of the National Foundation

7 on the Arts and the Humanities Act of 1965, as amended

8 (20 U.S.C. 951), sets out findings and purposes for which

9 the National Endowment for the Arts was established,

10 among which are—

11 (1) ‘‘The arts and humanities belong to all the

12 people of the United States’’;

13 (2) ‘‘The arts and humanities reflect the high

14 place accorded by the American people . . . to the

15 fostering of mutual respect for the diverse beliefs

16 and values of all persons and groups’’;

17 (3) ‘‘Public funding of the arts and humanities

18 is subject to the conditions that traditionally govern

19 the use of public money [and] such funding should

20 contribute to public support and confidence in the

21 use of taxpayer funds’’; and

22 (4) ‘‘Public funds provided by the Federal Gov23 ernment must ultimately serve public purposes the

24 Congress defines’’.
301

HR 3019 IH

1 (b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con2 gress further finds and declares that the use of scarce

3 funds, which have been taken from all taxpayers of the

4 United States, to promote, disseminate, sponsor, or

5 produce any material or performance that—

6 (1) denigrates the religious objects or religious

7 beliefs of the adherents of a particular religion, or

8 (2) depicts or describes, in a patently offensive

9 way, sexual or excretory activities or organs,

10 is contrary to the express purposes of the National Foun11 dation on the Arts and the Humanities Act of 1965, as

12 amended.

13 (c) PROHIBITION ON FUNDING THAT IS NOT CON14 SISTENT WITH THE PURPOSES OF THE ACT.—Notwith15 standing any other provision of law, none of the scarce

16 funds which have been taken from all taxpayers of the

17 United States and made available under this Act to the

18 National Endowment for the Arts may be used to pro19 mote, disseminate, sponsor, or produce any material or

20 performance that—

21 (1) denigrates the religious objects or religious

22 beliefs of the adherents of a particular religion, or

23 (2) depicts or describes, in a patently offensive

24 way, sexual or excretory activities or organs,
302

HR 3019 IH

1 and this prohibition shall be strictly applied without re2 gard to the content or viewpoint of the material or per3 formance.

4 (d) SECTION NOT TO AFFECT OTHER WORKS.—

5 Nothing in this section shall be construed to affect in any

6 way the freedom of any artist or performer to create any

7 material or performance using funds which have not been

8 made available under this Act to the National Endowment

9 for the Arts.

10 SEC. 332. For purposes related to the closure of the

11 Bureau of Mines, funds made available to the United

12 States Geological Survey, the United States Bureau of

13 Mines, and the Bureau of Land Management shall be

14 available for transfer, with the approval of the Secretary

15 of the Interior, among the following accounts: United

16 States Geological Survey, Surveys, investigations, and re17 search; Bureau of Mines, Mines and minerals; and Bureau

18 of Land Management, Management of lands and re19 sources. The Secretary of Energy shall reimburse the Sec20 retary of the Interior, in an amount to be determined by

21 the Director of the Office of Management and Budget, for

22 the expenses of the transferred functions between October

23 1, 1995 and the effective date of the transfers of function.

24 Such transfers shall be subject to the reprogramming
303

HR 3019 IH

1 guidelines of the House and Senate Committees on Appro2 priations.

3 SEC. 333. No funds appropriated under this or

4 any other Act shall be used to review or modify sourcing

5 areas previously approved under section 490(c)(3) of the

6 Forest Resources Conservation and Shortage Relief Act

7 of 1990 (Public Law 101–382) or to enforce or imple8 ment Federal regulations 36 CFR part 223 promulgated

9 on September 8, 1995. The regulations and interim rules

10 in effect prior to September 8, 1995 (36 CFR 223.48, 36

11 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Sub12 part F, and 36 CFR 261.6) shall remain in effect. The

13 Secretary of Agriculture or the Secretary of the Interior

14 shall not adopt any policies concerning Public Law 101–

15 382 or existing regulations that would restrain domestic

16 transportation or processing of timber from private lands

17 or impose additional accountability requirements on any

18 timber. The Secretary of Commerce shall extend until

19 September 30, 1996, the order issued under section

20 491(b)(2)(A) of Public Law 101–382 and shall issue an

21 order under section 491(b)(2)(B) of such law that will be

22 effective October 1, 1996.

23 SEC. 334. The National Park Service, in accord24 ance with the Memorandum of Agreement between the

25 United States National Park Service and the City of
304

HR 3019 IH

1 Vancouver dated November 4, 1994, shall permit general

2 aviation on its portion of Pearson Field in Vancouver,

3 Washington until the year 2022, during which time a

4 plan and method for transitioning from general aviation

5 aircraft to historic aircraft shall be completed; such tran6 sition to be accomplished by that date. This action shall

7 not be construed to limit the authority of the Federal

8 Aviation Administration over air traffic control or avia9 tion activities at Pearson Field or limit operations and

10 airspace of Portland International Airport.

11 SEC. 335. The United States Forest Service ap12 proval of Alternative site 2 (ALT 2), issued on December

13 6, 1993, is hereby authorized and approved and shall be

14 deemed to be consistent with, and permissible under, the

15 terms of Public Law 100–696 (the Arizona-Idaho Con16 servation Act of 1988).

17 SEC. 336. Obligations for travel expenses in fiscal

18 year 1996, for each appropriation account in this Act,

19 may not exceed 90 percentum of fiscal year 1995 obliga20 tions for administrative travel and for travel by super21 visory and non-career personnel and may not exceed 100

22 percentum of fiscal year 1995 obligations for program-es23 sential travel.

24 SEC. 337. The number of employees detailed to

25 and within Departmental Management in the Depart-
305

HR 3019 IH

1 ment of the Interior may not exceed the number of em2 ployees detailed to and within the Office of the Secretary

3 in fiscal year 1995.

4 SEC. 338. Upon enactment of this Act, all funds obli5 gated in fiscal year 1996 under ‘‘Salaries and expenses’’,

6 Pennsylvania Avenue Development Corporation are to be

7 offset by unobligated balances made available under this

8 Act under the account ‘‘Public development’’, Pennsylva9 nia Avenue Development Corporation and all funds obli10 gated in fiscal year 1996 under ‘‘International forestry’’,

11 Forest Service are to be offset by funds made available

12 under this Act under the account ‘‘National forest sys13 tem’’, Forest Service.

14 SEC. 339. (a) Notwithstanding any other provision

15 of law, in order to avoid or minimize the need for involun16 tary separations due to a reduction in force, reorganiza17 tions, transfer of function, or other similar action, the Sec18 retary of the Smithsonian Institution may pay, or author19 ize the payment of, voluntary separation incentive pay20 ments to Smithsonian Institution employees who separate

21 from Federal service voluntarily during fiscal years 1996

22 and 1997 (whether by retirement or resignation).

23 (b) A voluntary separation incentive payment—
306

HR 3019 IH

1 (1) shall be paid in a lump sum after the em2 ployee’s separation in an amount to be determined

3 by the Secretary, but shall not exceed $25,000;

4 (2) shall not be a basis for payment, and shall

5 not be included in the computation, of any other

6 type of benefit; and

7 (3) shall be paid from appropriations available

8 for the payment of the basic pay of the employee.

9 (c)(1) An employee who has received a voluntary sep10 aration incentive payment under this section and accepts

11 employment with any agency or instrumentality of the

12 United States within 5 years after the date of the separa13 tion on which the payment is based shall be required to

14 repay the entire amount of the incentive payment to the

15 Smithsonian Institution.

16 (2) The repayment required by paragraph (1) may

17 be waived only by the Secretary.

18 (3) For purposes of paragraph (1) (but not para19 graph (2)), the term ‘‘employment’’ includes employment

20 under a personal services contract with the United States.

21 (d) In addition to any other payments which it is re22 quired to make under subchapter III of chapter 83 of title

23 5, United States Code, the Smithsonian shall remit to the

24 Office of Personnel Management for deposit in the Treas25 ury of the United States to the credit of the Civil Service
307

HR 3019 IH

1 Retirement and Disability Fund an amount equal to 15

2 percent of the final basic pay of each employee of the

3 Smithsonian to whom a voluntary separation incentive

4 payment has been paid.

5 This Act may be cited as the ‘‘Department of the In6 terior and Related Agencies Appropriations Act, 1996’’.

7 (c) Such amounts as may be necessary for programs,

8 projects or activities provided for in the Departments of

9 Labor, Health and Human Services, and Education, and

10 Related Agencies Appropriations Act, 1996, at a rate of

11 operations and to the extent and in the manner provided

12 for, the provisions of such Act to be effective as if it had

13 been enacted into law as the regular appropriations Act,

14 as follows:

15 AN ACT

16 Making appropriations for the Departments of

17 Labor, Health and Human Services, and Education, and

18 related agencies for the fiscal year ending September 30,

19 1996, and for other purposes.

20 TITLE I—DEPARTMENT OF LABOR

21 EMPLOYMENT AND TRAINING ADMINISTRATION

22 TRAINING AND EMPLOYMENT SERVICES

23 For expenses necessary to carry into effect the Job

24 Training Partnership Act, as amended, including the pur25 chase and hire of passenger motor vehicles, the construc-
308

HR 3019 IH

1 tion, alteration, and repair of buildings and other facili2 ties, and the purchase of real property for training centers

3 as authorized by the Job Training Partnership Act; title

4 II of the Civil Rights Act of 1991; the Women in Appren5 ticeship and Nontraditional Occupations Act; National

6 Skill Standards Act of 1994; and the School-to-Work Op7 portunities Act; $3,108,978,000 plus reimbursements, of

8 which $2,891,759,000 is available for obligation for the

9 period July 1, 1996 through June 30, 1997; of which

10 $121,467,000 is available for the period July 1, 1996

11 through June 30, 1999 for necessary expenses of construc12 tion, rehabilitation, and acquisition of Job Corps centers;

13 and of which $95,000,000 shall be available from July 1,

14 1996 through September 30, 1997, for carrying out activi15 ties of the School-to-Work Opportunities Act: Provided,

16 That $52,502,000 shall be for carrying out section 401

17 of the Job Training Partnership Act, $69,285,000 shall

18 be for carrying out section 402 of such Act, $7,300,000

19 shall be for carrying out section 441 of such Act,

20 $8,000,000 shall be for all activities conducted by and

21 through the National Occupational Information Coordi22 nating Committee under such Act, $745,700,000 shall be

23 for carrying out title II, part A of such Act, $126,672,000

24 shall be for carrying out title II, part C of such Act and

25 $5,000,000 shall be for employment-related activities of
309

HR 3019 IH

1 the 1996 Paralympic Games: Provided further, That no

2 funds from any other appropriation shall be used to pro3 vide meal services at or for Job Corps centers: Provided

4 further, That notwithstanding any other provision of law,

5 the Secretary of Labor may waive any of the requirements

6 contained in sections 4, 104, 105, 107, 108, 121, 164,

7 204, 253, 254, 264, 301, 311, 313, 314, and 315 of the

8 Job Training Partnership Act in order to assist States in

9 improving State workforce development systems, pursuant

10 to a request submitted by a State that has prior to the

11 date of enactment of this Act executed a Memorandum

12 of Understanding with the United States requiring such

13 State to meet agreed upon outcomes: Provided further,

14 That funds used from this Act to carry out title III of

15 the Job Training Partnership Act shall not be subject to

16 the limitation contained in subsection (b) of section 315

17 of such Act; that the waiver allowing a reduction in the

18 cost limitation relating to retraining services described in

19 subsection (a)(2) of such section 315 may be granted with

20 respect to funds from this Act if a substate grantee dem21 onstrates to the Governor that such waiver is appropriate

22 due to the availability of low-cost retraining services, is

23 necessary to facilitate the provision of needs-related pay24 ments to accompany long-term training, or is necessary

25 to facilitate the provision of appropriate basic readjust-
310

HR 3019 IH

1 ment services and that funds used from this Act to carry

2 out the Secretary’s discretionary grants under part B of

3 such title III may be used to provide needs-related pay4 ments to participants who, in lieu of meeting the require5 ments relating to enrollment in training under section

6 314(e) of such Act, are enrolled in training by the end

7 of the sixth week after funds have been awarded: Provided

8 further, That service delivery areas may transfer funding

9 provided herein under authority of title II–C of the Job

10 Training Partnership Act to the program authorized by

11 title II–B of that Act, if such transfer is approved by the

12 Governor: Provided further, That service delivery areas

13 and substate areas may transfer funding provided herein

14 under authority of title II and title III of the Job Training

15 Partnership Act between the programs authorized by

16 those titles of the Act, if such transfer is approved by the

17 Governor: Provided further, That, notwithstanding any

18 other provision of law, any proceeds from the sale of Job

19 Corps Center facilities shall be retained by the Secretary

20 of Labor to carry out the Job Corps program.

21 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

22 AMERICANS

23 To carry out the activities for national grants or con24 tracts with public agencies and public or private nonprofit

25 organizations under paragraph (1)(A) of section 506(a)
311

HR 3019 IH

1 of title V of the Older Americans Act of 1965, as amended,

2 or to carry out older worker activities as subsequently au3 thorized, $227,500,000.

4 To carry out the activities for grants to States under

5 paragraph (3) of section 506(a) of title V of the Older

6 Americans Act of 1965, as amended, or to carry out older

7 worker activities as subsequently authorized,

8 $122,500,000.

9 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

10 For payments during the current fiscal year of trade

11 adjustment benefit payments and allowances under part

12 I, and for training, for allowances for job search and relo13 cation, and for related State administrative expenses

14 under part II, subchapters B and D, chapter 2, title II

15 of the Trade Act of 1974, as amended, $346,100,000, to16 gether with such amounts as may be necessary to be

17 charged to the subsequent appropriation for payments for

18 any period subsequent to September 15 of the current

19 year.

20 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

21 SERVICE OPERATIONS

22 For activities authorized by the Act of June 6, 1933,

23 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.

24 3202(a)(1)(E)); title III of the Social Security Act, as

25 amended (42 U.S.C. 502–504); necessary administrative
312

HR 3019 IH

1 expenses for carrying out 5 U.S.C. 8501–8523, and sec2 tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),

3 title II of the Trade Act of 1974, as amended; as author4 ized by section 7c of the Act of June 6, 1933, as amended,

5 necessary administrative expenses under sections

6 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and

7 218(g) (1), (2), and (3), and 258(c) of the Immigration

8 and Nationality Act, as amended (8 U.S.C. 1101 et seq.);

9 necessary administrative expenses to carry out section

10 221(a) of the Immigration Act of 1990, $117,328,000, to11 gether with not to exceed $3,104,194,000 (including not

12 to exceed $1,653,000 which may be used for amortization

13 payments to States which had independent retirement

14 plans in their State employment service agencies prior to

15 1980, and including not to exceed $2,000,000 which may

16 be obligated in contracts with non-State entities for activi17 ties such as occupational and test research activities which

18 benefit the Federal-State Employment Service System),

19 which may be expended from the Employment Security

20 Administration account in the Unemployment Trust

21 Fund, and of which the sums available in the allocation

22 for activities authorized by title III of the Social Security

23 Act, as amended (42 U.S.C. 502–504), and the sums

24 available in the allocation for necessary administrative ex25 penses for carrying out 5 U.S.C. 8501–8523, shall be
313

HR 3019 IH

1 available for obligation by the States through December

2 31, 1996, except that funds used for automation acquisi3 tions shall be available for obligation by States through

4 September 30, 1998; and of which $115,452,000, together

5 with not to exceed $738,283,000 of the amount which may

6 be expended from said trust fund shall be available for

7 obligation for the period July 1, 1996, through June 30,

8 1997, to fund activities under the Act of June 6, 1933,

9 as amended, including the cost of penalty mail made avail10 able to States in lieu of allotments for such purpose, and

11 of which $216,333,000 shall be available only to the extent

12 necessary for additional State allocations to administer

13 unemployment compensation laws to finance increases in

14 the number of unemployment insurance claims filed and

15 claims paid or changes in a State law: Provided, That to

16 the extent that the Average Weekly Insured Unemploy17 ment (AWIU) for fiscal year 1996 is projected by the De18 partment of Labor to exceed 2.785 million, an additional

19 $28,600,000 shall be available for obligation for every

20 100,000 increase in the AWIU level (including a pro rata

21 amount for any increment less than 100,000) from the

22 Employment Security Administration Account of the Un23 employment Trust Fund: Provided further, That funds ap24 propriated in this Act which are used to establish a na25 tional one-stop career center network may be obligated in
314

HR 3019 IH

1 contracts, grants or agreements with non-State entities:

2 Provided further, That funds appropriated under this Act

3 for activities authorized under the Wagner-Peyser Act, as

4 amended, and title III of the Social Security Act, may be

5 used by the States to fund integrated Employment Service

6 and Unemployment Insurance automation efforts, not7 withstanding cost allocation principles prescribed under

8 Office of Management and Budget Circular A–87.

9 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

10 OTHER FUNDS

11 For repayable advances to the Unemployment Trust

12 Fund as authorized by sections 905(d) and 1203 of the

13 Social Security Act, as amended, and to the Black Lung

14 Disability Trust Fund as authorized by section 9501(c)(1)

15 of the Internal Revenue Code of 1954, as amended; and

16 for nonrepayable advances to the Unemployment Trust

17 Fund as authorized by section 8509 of title 5, United

18 States Code, and section 104(d) of Public Law 102–164,

19 and section 5 of Public Law 103–6, and to the ‘‘Federal

20 unemployment benefits and allowances’’ account, to re21 main available until September 30, 1997, $369,000,000.

22 In addition, for making repayable advances to the

23 Black Lung Disability Trust Fund in the current fiscal

24 year after September 15, 1996, for costs incurred by the
315

HR 3019 IH

1 Black Lung Disability Trust Fund in the current fiscal

2 year, such sums as may be necessary.

3 ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA4 TION ACCOUNT OF THE UNEMPLOYMENT TRUST

5 FUND

6 (RESCISSION)

7 Amounts remaining unobligated under this heading

8 as of September 30, 1995, are hereby rescinded.

9 PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND

10 OTHER FUNDS

11 (RESCISSION)

12 Of the amounts remaining unobligated under this

13 heading as of September 30, 1995, $250,000,000 are

14 hereby rescinded.

15 PROGRAM ADMINISTRATION

16 For expenses of administering employment and train17 ing programs and for carrying out section 908 of the So18 cial Security Act, $83,054,000, together with not to ex19 ceed $40,793,000, which may be expended from the Em20 ployment Security Administration account in the Unem21 ployment Trust Fund.

22 PENSION AND WELFARE BENEFITS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for Pension and Welfare Ben25 efits Administration, $65,198,000.
316

HR 3019 IH

1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation is author4 ized to make such expenditures, including financial assist5 ance authorized by section 104 of Public Law 96–364,

6 within limits of funds and borrowing authority available

7 to such Corporation, and in accord with law, and to make

8 such contracts and commitments without regard to fiscal

9 year limitations as provided by section 104 of the Govern10 ment Corporation Control Act, as amended (31 U.S.C.

11 9104), as may be necessary in carrying out the program

12 through September 30, 1996, for such Corporation: Pro13 vided, That not to exceed $10,603,000 shall be available

14 for administrative expenses of the Corporation: Provided

15 further, That expenses of such Corporation in connection

16 with the collection of premiums, the termination of pen17 sion plans, for the acquisition, protection or management,

18 and investment of trust assets, and for benefits adminis19 tration services shall be considered as non-administrative

20 expenses for the purposes hereof, and excluded from the

21 above limitation.

22 EMPLOYMENT STANDARDS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Employment Stand25 ards Administration, including reimbursement to State,
317

HR 3019 IH

1 Federal, and local agencies and their employees for inspec2 tion services rendered, $254,756,000, together with

3 $978,000 which may be expended from the Special Fund

4 in accordance with sections 39(c) and 44(j) of the

5 Longshore and Harbor Workers’ Compensation Act: Pro6 vided, That the Secretary of Labor is authorized to accept,

7 retain, and spend, until expended, in the name of the De8 partment of Labor, all sums of money ordered to be paid

9 to the Secretary of Labor, in accordance with the terms

10 of the Consent Judgment in Civil Action No. 91–0027 of

11 the United States District Court for the District of the

12 Northern Mariana Islands (May 21, 1992): Provided fur13 ther, That the Secretary of Labor is authorized to estab14 lish and, in accordance with 31 U.S.C. 3302, collect and

15 deposit in the Treasury fees for processing applications

16 and issuing certificates under sections 11(d) and 14 of the

17 Fair Labor Standards Act of 1938, as amended (29

18 U.S.C. 211(d) and 214) and for processing applications

19 and issuing registrations under Title I of the Migrant and

20 Seasonal Agricultural Worker Protection Act, 29 U.S.C.

21 1801 et seq.

22 SPECIAL BENEFITS

23 (INCLUDING TRANSFER OF FUNDS)

24 For the payment of compensation, benefits, and ex25 penses (except administrative expenses) accruing during
318

HR 3019 IH

1 the current or any prior fiscal year authorized by title 5,

2 chapter 81 of the United States Code; continuation of ben3 efits as provided for under the head ‘‘Civilian War Bene4 fits’’ in the Federal Security Agency Appropriation Act,

5 1947; the Employees’ Compensation Commission Appro6 priation Act, 1944; and sections 4(c) and 5(f) of the War

7 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per

8 centum of the additional compensation and benefits re9 quired by section 10(h) of the Longshore and Harbor

10 Workers’ Compensation Act, as amended, $218,000,000

11 together with such amounts as may be necessary to be

12 charged to the subsequent year appropriation for the pay13 ment of compensation and other benefits for any period

14 subsequent to August 15 of the current year: Provided,

15 That such sums as are necessary may be used under sec16 tion 8104 of title 5, United States Code, by the Secretary

17 to reimburse an employer, who is not the employer at the

18 time of injury, for portions of the salary of a reemployed,

19 disabled beneficiary: Provided further, That balances of re20 imbursements unobligated on September 30, 1995, shall

21 remain available until expended for the payment of com22 pensation, benefits, and expenses: Provided further, That

23 in addition there shall be transferred to this appropriation

24 from the Postal Service and from any other corporation

25 or instrumentality required under section 8147(c) of title
319

HR 3019 IH

1 5, United States Code, to pay an amount for its fair share

2 of the cost of administration, such sums as the Secretary

3 of Labor determines to be the cost of administration for

4 employees of such fair share entities through September

5 30, 1996: Provided further, That of those funds trans6 ferred to this account from the fair share entities to pay

7 the cost of administration, $19,383,000 shall be made

8 available to the Secretary of Labor for expenditures relat9 ing to capital improvements in support of Federal Employ10 ees’ Compensation Act administration, and the balance of

11 such funds shall be paid into the Treasury as miscellane12 ous receipts: Provided further, That the Secretary may re13 quire that any person filing a notice of injury or a claim

14 for benefits under Subchapter 5, U.S.C., chapter 81, or

15 under subchapter 33, U.S.C. 901, et seq. (the Longshore

16 and Harbor Workers’ Compensation Act, as amended),

17 provide as part of such notice and claim, such identifying

18 information (including Social Security account number) as

19 such regulations may prescribe.

20 BLACK LUNG DISABILITY TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For payments from the Black Lung Disability Trust

23 Fund, $996,763,000, of which $949,494,000 shall be

24 available until September 30, 1997, for payment of all

25 benefits as authorized by section 9501(d) (1), (2), (4), and
320

HR 3019 IH

1 (7), of the Internal Revenue Code of 1954, as amended,

2 and interest on advances as authorized by section

3 9501(c)(2) of that Act, and of which $27,350,000 shall

4 be available for transfer to Employment Standards Ad5 ministration, Salaries and Expenses, and $19,621,000 for

6 transfer to Departmental Management, Salaries and Ex7 penses, and $298,000 for transfer to Departmental Man8 agement, Office of Inspector General, for expenses of oper9 ation and administration of the Black Lung Benefits pro10 gram as authorized by section 9501(d)(5)(A) of that Act:

11 Provided, That in addition, such amounts as may be nec12 essary may be charged to the subsequent year appropria13 tion for the payment of compensation, interest, or other

14 benefits for any period subsequent to August 15 of the

15 current year: Provided further, That in addition such

16 amounts shall be paid from this fund into miscellaneous

17 receipts as the Secretary of the Treasury determines to

18 be the administrative expenses of the Department of the

19 Treasury for administering the fund during the current

20 fiscal year, as authorized by section 9501(d)(5)(B) of that

21 Act.

22 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Occupational Safety

25 and Health Administration, $280,000,000 including not
321

HR 3019 IH

1 to exceed $65,319,000 which shall be the maximum

2 amount available for grants to States under section 23(g)

3 of the Occupational Safety and Health Act, which grants

4 shall be no less than fifty percent of the costs of State

5 occupational safety and health programs required to be

6 incurred under plans approved by the Secretary under sec7 tion 18 of the Occupational Safety and Health Act of

8 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

9 the Occupational Safety and Health Administration may

10 retain up to $750,000 per fiscal year of training institute

11 course tuition fees, otherwise authorized by law to be col12 lected, and may utilize such sums for occupational safety

13 and health training and education grants: Provided, That

14 none of the funds appropriated under this paragraph shall

15 be obligated or expended to prescribe, issue, administer,

16 or enforce any standard, rule, regulation, or order under

17 the Occupational Safety and Health Act of 1970 which

18 is applicable to any person who is engaged in a farming

19 operation which does not maintain a temporary labor

20 camp and employs ten or fewer employees: Provided fur21 ther, That no funds appropriated under this paragraph

22 shall be obligated or expended to administer or enforce

23 any standard, rule, regulation, or order under the Occupa24 tional Safety and Health Act of 1970 with respect to any

25 employer of ten or fewer employees who is included within
322

HR 3019 IH

1 a category having an occupational injury lost workday case

2 rate, at the most precise Standard Industrial Classifica3 tion Code for which such data are published, less than the

4 national average rate as such rates are most recently pub5 lished by the Secretary, acting through the Bureau of

6 Labor Statistics, in accordance with section 24 of that Act

7 (29 U.S.C. 673), except—

8 (1) to provide, as authorized by such Act, con9 sultation, technical assistance, educational and train10 ing services, and to conduct surveys and studies;

11 (2) to conduct an inspection or investigation in

12 response to an employee complaint, to issue a cita13 tion for violations found during such inspection, and

14 to assess a penalty for violations which are not cor15 rected within a reasonable abatement period and for

16 any willful violations found;

17 (3) to take any action authorized by such Act

18 with respect to imminent dangers;

19 (4) to take any action authorized by such Act

20 with respect to health hazards;

21 (5) to take any action authorized by such Act

22 with respect to a report of an employment accident

23 which is fatal to one or more employees or which re24 sults in hospitalization of two or more employees,
323

HR 3019 IH

1 and to take any action pursuant to such investiga2 tion authorized by such Act; and

3 (6) to take any action authorized by such Act

4 with respect to complaints of discrimination against

5 employees for exercising rights under such Act:

6 Provided further, That the foregoing proviso shall not

7 apply to any person who is engaged in a farming operation

8 which does not maintain a temporary labor camp and em9 ploys ten or fewer employees.

10 MINE SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Mine Safety and

13 Health Administration, $196,673,000, including purchase

14 and bestowal of certificates and trophies in connection

15 with mine rescue and first-aid work, and the hire of pas16 senger motor vehicles; the Secretary is authorized to ac17 cept lands, buildings, equipment, and other contributions

18 from public and private sources and to prosecute projects

19 in cooperation with other agencies, Federal, State, or pri20 vate; the Mine Safety and Health Administration is au21 thorized to promote health and safety education and train22 ing in the mining community through cooperative pro23 grams with States, industry, and safety associations; and

24 any funds available to the Department may be used, with

25 the approval of the Secretary, to provide for the costs of
324

HR 3019 IH

1 mine rescue and survival operations in the event of a

2 major disaster: Provided, That none of the funds appro3 priated under this paragraph shall be obligated or ex4 pended to carry out section 115 of the Federal Mine Safe5 ty and Health Act of 1977 or to carry out that portion

6 of section 104(g)(1) of such Act relating to the enforce7 ment of any training requirements, with respect to shell

8 dredging, or with respect to any sand, gravel, surface

9 stone, surface clay, colloidal phosphate, or surface lime10 stone mine.

11 BUREAU OF LABOR STATISTICS

12 SALARIES AND EXPENSES

13 For necessary expenses for the Bureau of Labor Sta14 tistics, including advances or reimbursements to State,

15 Federal, and local agencies and their employees for serv16 ices rendered, $292,462,000, of which $11,549,000 shall

17 be for expenses of revising the Consumer Price Index and

18 shall remain available until September 30, 1997, together

19 with not to exceed $49,997,000, which may be expended

20 from the Employment Security Administration account in

21 the Unemployment Trust Fund.

22 DEPARTMENTAL MANAGEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses for Departmental Manage25 ment, including the hire of three sedans, and including
325

HR 3019 IH

1 up to $4,358,000 for the President’s Committee on Em2 ployment of People With Disabilities, $135,997,000; to3 gether with not to exceed $303,000, which may be ex4 pended from the Employment Security Administration ac5 count in the Unemployment Trust Fund.

6 WORKING CAPITAL FUND

7 The language under this heading in Public Law 85–

8 67, as amended, is further amended by adding the follow9 ing before the last period: ‘‘: Provided further, That within

10 the Working Capital Fund, there is established an Invest11 ment in Reinvention Fund (IRF), which shall be available

12 to invest in projects of the Department designed to

13 produce measurable improvements in agency efficiency

14 and significant taxpayer savings. Notwithstanding any

15 other provision of law, the Secretary of Labor may retain

16 up to $3,900,000 of the unobligated balances in the De17 partment’s annual Salaries and Expenses accounts as of

18 September 30, 1995, and transfer those amounts to the

19 IRF to provide the initial capital for the IRF, to remain

20 available until expended, to make loans to agencies of the

21 Department for projects designed to enhance productivity

22 and generate cost savings. Such loans shall be repaid to

23 the IRF no later than September 30 of the fiscal year

24 following the fiscal year in which the project is completed.

25 Such repayments shall be deposited in the IRF, to be

26 available without further appropriation action.’’
326

HR 3019 IH

1 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

2 AND TRAINING

3 Not to exceed $170,390,000 may be derived from the

4 Employment Security Administration account in the Un5 employment Trust Fund to carry out the provisions of 38

6 U.S.C. 4100–4110A and 4321–4327, and Public Law

7 103–353, and which shall be available for obligation by

8 the States through December 31, 1996.

9 OFFICE OF INSPECTOR GENERAL

10 For salaries and expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended, $44,426,000, together

13 with not to exceed $3,615,000, which may be expended

14 from the Employment Security Administration account in

15 the Unemployment Trust Fund.

16 GENERAL PROVISIONS

17 SEC. 101. None of the funds appropriated in this title

18 for the Job Corps shall be used to pay the compensation

19 of an individual, either as direct costs or any proration

20 as an indirect cost, at a rate in excess of $125,000.

21 SEC. 102. Section 427(c) of the Job Training Part22 nership Act, as amended, is repealed.

23 (TRANSFER OF FUNDS)

24 SEC. 103. Not to exceed 1 percent of any appropria25 tion made available for the current fiscal year for the De26 partment of Labor in this Act may be transferred between
327

HR 3019 IH

1 such appropriations, but no such appropriation shall be

2 increased by more than 3 percent by any such transfers:

3 Provided, That the Appropriations Committees of both

4 Houses of Congress are notified at least fifteen days in

5 advance of any transfers.

6 SEC. 104. None of the funds made available in this

7 Act may be used by the Occupational Safety and Health

8 Administration directly or through section 23(g) of the

9 Occupational Safety and Health Act for the development,

10 promulgation or issuance of any proposed or final stand11 ard or guideline regarding ergonomic protection or record12 ing and reporting occupational injuries and illnesses di13 rectly related thereto.

14 This title may be cited as the ‘‘Department of Labor

15 Appropriations Act, 1996’’.

16 TITLE II—DEPARTMENT OF HEALTH AND

17 HUMAN SERVICES

18 HEALTH RESOURCES AND SERVICES ADMINISTRATION

19 HEALTH RESOURCES AND SERVICES

20 For carrying out titles II, III, VII, VIII, X, XVI,

21 XIX, and XXVI of the Public Health Service Act, section

22 427(a) of the Federal Coal Mine Health and Safety Act,

23 title V of the Social Security Act, the Health Care Quality

24 Improvement Act of 1986, as amended, and Public Law

25 101–527, $3,052,752,000, of which $379,500,000 shall be
328

HR 3019 IH

1 for part A of title XXVI of the Public Health Service Act

2 and $250,147,000 shall be for part B of title XXVI (in3 cluding $52,000,000 which shall be available only for sec4 tion 2616) of the Public Health Service Act, and of which

5 $411,000 shall remain available until expended for inter6 est subsidies on loan guarantees made prior to fiscal year

7 1981 under part B of title VII of the Public Health Serv8 ice Act: Provided, That the Division of Federal Occupa9 tional Health may utilize personal services contracting to

10 employ professional management/administrative, and oc11 cupational health professionals: Provided further, That of

12 the funds made available under this heading, $858,000

13 shall be available until expended for facilities renovations

14 at the Gillis W. Long Hansen’s Disease Center: Provided

15 further, That in addition to fees authorized by section

16 427(b) of the Health Care Quality Improvement Act of

17 1986, fees shall be collected for the full disclosure of infor18 mation under the Act sufficient to recover the full costs

19 of operating the National Practitioner Data Bank, and

20 shall remain available until expended to carry out that

21 Act: Provided further, That no more than $5,000,000 is

22 available for carrying out the provisions of Public Law

23 102–501, as amended: Provided further, That of the funds

24 made available under this heading, $193,349,000 shall be

25 for the program under title X of the Public Health Service
329

HR 3019 IH

1 Act to provide for voluntary family planning projects: Pro2 vided further, That amounts provided to said projects

3 under such title shall not be expended for abortions, that

4 all pregnancy counseling shall be nondirective, and that

5 such amounts shall not be expended for any activity (in6 cluding the publication or distribution of literature) that

7 in any way tends to promote public support or opposition

8 to any legislative proposal or candidate for public office:

9 Provided further, That notwithstanding any other provi10 sion of law, funds made available under this heading may

11 be used to continue operating the Council on Graduate

12 Medical Education established by section 301 of Public

13 Law 102–408: Provided further, That funds made avail14 able under this heading for activities authorized by part

15 A of title XXVI of the Public Health Service Act are avail16 able only for those metropolitan areas previously funded

17 under Public Law 103–333 or with a cumulative total of

18 more than 2,000 cases of AIDS, as reported to the Cen19 ters for Disease Control and Prevention as of March 31,

20 1995, and have a population of 500,000 or more.

21 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

22 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

23 For carrying out subsections (d) and (e) of section

24 1602 of the Public Health Service Act, $8,000,000, to25 gether with any amounts received by the Secretary in con-
330

HR 3019 IH

1 nection with loans and loan guarantees under title VI of

2 the Public Health Service Act, to be available without fis3 cal year limitation for the payment of interest subsidies.

4 During the fiscal year, no commitments for direct loans

5 or loan guarantees shall be made.

6 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

7 For the cost of guaranteed loans, such sums as may

8 be necessary to carry out the purpose of the program, as

9 authorized by title VII of the Public Health Service Act,

10 as amended: Provided, That such costs, including the cost

11 of modifying such loans, shall be as defined in section 502

12 of the Congressional Budget Act of 1974: Provided fur13 ther, That these funds are available to subsidize gross obli14 gations for the total loan principal any part of which is

15 to be guaranteed at not to exceed $210,000,000. In addi16 tion, for administrative expenses to carry out the guaran17 teed loan program, $2,688,000.

18 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

19 For payments from the Vaccine Injury Compensation

20 Program Trust Fund, such sums as may be necessary for

21 claims associated with vaccine-related injury or death with

22 respect to vaccines administered after September 30,

23 1988, pursuant to subtitle 2 of title XXI of the Public

24 Health Service Act, to remain available until expended:

25 Provided, That for necessary administrative expenses, not
331

HR 3019 IH

1 to exceed $3,000,000 shall be available from the Trust

2 Fund to the Secretary of Health and Human Services.

3 VACCINE INJURY COMPENSATION

4 For payment of claims resolved by the United States

5 Court of Federal Claims related to the administration of

6 vaccines before October 1, 1988, $110,000,000, to remain

7 available until expended.

8 CENTERS FOR DISEASE CONTROL AND PREVENTION

9 DISEASE CONTROL, RESEARCH, AND TRAINING

10 (RESCISSION)

11 Of the amounts made available under this heading

12 in Public Law 103–333, Public Law 103–112, and Public

13 Law 102–394 for immunization activities, $53,000,000

14 are hereby rescinded: Provided, That the Director may re15 direct the total amount made available under authority of

16 Public Law 101–502, dated November 3, 1990, to activi17 ties the Director may so designate: Provided further, That

18 the Congress is to be notified promptly of any such trans19 fer.

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 ADMINISTRATION

22 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

23 For carrying out titles V and XIX of the Public

24 Health Service Act with respect to substance abuse and

25 mental health services, the Protection and Advocacy for
332

HR 3019 IH

1 Mentally Ill Individuals Act of 1986, and section 301 of

2 the Public Health Service Act with respect to program

3 management, $1,883,715,000.

4 RETIREMENT PAY AND MEDICAL BENEFITS FOR

5 COMMISSIONED OFFICERS

6 For retirement pay and medical benefits of Public

7 Health Service Commissioned Officers as authorized by

8 law, and for payments under the Retired Serviceman’s

9 Family Protection Plan and Survivor Benefit Plan and for

10 medical care of dependents and retired personnel under

11 the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and

12 for payments pursuant to section 229(b) of the Social Se13 curity Act (42 U.S.C. 429(b)), such amounts as may be

14 required during the current fiscal year.

15 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

16 HEALTH CARE POLICY AND RESEARCH

17 For carrying out titles III and IX of the Public

18 Health Service Act, and part A of title XI of the Social

19 Security Act, $94,186,000; in addition, amounts received

20 from Freedom of Information Act fees, reimbursable and

21 interagency agreements, and the sale of data tapes shall

22 be credited to this appropriation and shall remain avail23 able until expended: Provided, That the amount made

24 available pursuant to section 926(b) of the Public Health

25 Service Act shall not exceed $31,124,000.
333

HR 3019 IH

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

8 quarter of fiscal year 1996 for unanticipated costs, in9 curred for the current fiscal year, such sums as may be

10 necessary.

11 For making payments to States under title XIX of

12 the Social Security Act for the first quarter of fiscal year

13 1997, $26,155,350,000, to remain available until ex14 pended.

15 Payment under title XIX may be made for any quar16 ter with respect to a State plan or plan amendment in

17 effect during such quarter, if submitted in or prior to such

18 quarter and approved in that or any subsequent quarter.

19 PAYMENTS TO HEALTH CARE TRUST FUNDS

20 For payment to the Federal Hospital Insurance and

21 the Federal Supplementary Medical Insurance Trust

22 Funds, as provided under sections 217(g) and 1844 of the

23 Social Security Act, sections 103(c) and 111(d) of the So24 cial Security Amendments of 1965, section 278(d) of Pub25 lic Law 97–248, and for administrative expenses incurred
334

HR 3019 IH

1 pursuant to section 201(g) of the Social Security Act,

2 $63,313,000,000.

3 PROGRAM MANAGEMENT

4 For carrying out, except as otherwise provided, titles

5 XI, XVIII, and XIX of the Social Security Act, and title

6 XIII of the Public Health Service Act, the Clinical Labora7 tory Improvement Amendments of 1988, and section

8 4005(e) of Public Law 100–203, not to exceed

9 $1,734,810,000, together with all funds collected in ac10 cordance with section 353 of the Public Health Service

11 Act, the latter funds to remain available until expended;

12 together with such sums as may be collected from author13 ized user fees and the sale of data, which shall remain

14 available until expended; the $1,734,810,000, to be trans15 ferred to this appropriation as authorized by section

16 201(g) of the Social Security Act, from the Federal Hos17 pital Insurance and the Federal Supplementary Medical

18 Insurance Trust Funds: Provided, That all funds derived

19 in accordance with 31 U.S.C. 9701 from organizations es20 tablished under title XIII of the Public Health Service Act

21 are to be credited to this appropriation.

22 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

23 GUARANTEE FUND

24 For carrying out subsections (d) and (e) of section

25 1308 of the Public Health Service Act, any amounts re-
335

HR 3019 IH

1 ceived by the Secretary in connection with loans and loan

2 guarantees under title XIII of the Public Health Service

3 Act, to be available without fiscal year limitation for the

4 payment of outstanding obligations. During fiscal year

5 1996, no commitments for direct loans or loan guarantees

6 shall be made.

7 ADMINISTRATION FOR CHILDREN AND FAMILIES

8 FAMILY SUPPORT PAYMENTS TO STATES

9 For making payments to States or other non-Federal

10 entities, except as otherwise provided, under titles I, IV–

11 A (other than section 402(g)(6)) and D, X, XI, XIV, and

12 XVI of the Social Security Act, and the Act of July 5,

13 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail14 able until expended.

15 For making, after May 31 of the current fiscal year,

16 payments to States or other non-Federal entities under

17 titles I, IV–A and D, X, XI, XIV, and XVI of the Social

18 Security Act, for the last three months of the current year

19 for unanticipated costs, incurred for the current fiscal

20 year, such sums as may be necessary.

21 For making payments to States or other non-Federal

22 entities under titles I, IV–A (other than section 402(g)(6))

23 and D, X, XI, XIV, and XVI of the Social Security Act

24 and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the
336

HR 3019 IH

1 first quarter of fiscal year 1997, $4,800,000,000, to re2 main available until expended.

3 JOB OPPORTUNITIES AND BASIC SKILLS

4 For carrying out aid to families with dependent chil5 dren work programs, as authorized by part F of title IV

6 of the Social Security Act, $1,000,000,000.

7 LOW INCOME HOME ENERGY ASSISTANCE

8 (RESCISSION)

9 Of the funds made available beginning on October 1,

10 1995 under this heading in Public Law 103–333,

11 $100,000,000 are hereby rescinded.

12 REFUGEE AND ENTRANT ASSISTANCE

13 For making payments for refugee and entrant assist14 ance activities authorized by title IV of the Immigration

15 and Nationality Act and section 501 of the Refugee Edu16 cation Assistance Act of 1980 (Public Law 96–422),

17 $397,872,000: Provided, That funds appropriated pursu18 ant to section 414(a) of the Immigration and Nationality

19 Act under Public Law 103–112 for fiscal year 1994 shall

20 be available for the costs of assistance provided and other

21 activities conducted in such year and in fiscal years 1995

22 and 1996.

23 CHILD CARE AND DEVELOPMENT BLOCK GRANT

24 For carrying out sections 658A through 658R of the

25 Omnibus Budget Reconciliation Act of 1981 (The Child
337

HR 3019 IH

1 Care and Development Block Grant Act of 1990),

2 $934,642,000, which shall be available for obligation

3 under the same statutory terms and conditions applicable

4 in the prior fiscal year.

5 SOCIAL SERVICES BLOCK GRANT

6 For making grants to States pursuant to section

7 2002 of the Social Security Act, $2,520,000,000: Pro8 vided, That notwithstanding section 2003(c) of such Act,

9 the amount specified for allocation under such section for

10 fiscal year 1996 shall be $2,520,000,000.

11 CHILDREN AND FAMILIES SERVICES PROGRAMS

12 For carrying out, except as otherwise provided, the

13 Runaway and Homeless Youth Act, the Developmental

14 Disabilities Assistance and Bill of Rights Act, the Head

15 Start Act, the Child Abuse Prevention and Treatment Act,

16 the Family Violence Prevention and Services Act, the Na17 tive American Programs Act of 1974, title II of Public

18 Law 95–266 (adoption opportunities), the Temporary

19 Child Care for Children with Disabilities and Crisis Nurs20 eries Act of 1986, the Abandoned Infants Assistance Act

21 of 1988, and part B(1) of title IV of the Social Security

22 Act; for making payments under the Community Services

23 Block Grant Act ($435,463,000); and for necessary ad24 ministrative expenses to carry out said Acts and titles I,

25 IV, X, XI, XIV, XVI, and XX of the Social Security Act,
338

HR 3019 IH

1 the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus

2 Budget Reconciliation Act of 1981, title IV of the Immi3 gration and Nationality Act, section 501 of the Refugee

4 Education Assistance Act of 1980, and section 126 and

5 titles IV and V of Public Law 100–485, $4,694,222,000:

6 Provided, That to the extent Community Services Block

7 Grant funds are distributed as grant funds by a State to

8 an eligible entity as provided under the Act, and have not

9 been expended by such entity, they shall remain with such

10 entity for carry-over into the next fiscal year for expendi11 ture by such entity consistent with program purposes.

12 In addition, $21,358,000, to be derived from the Vio13 lent Crime Reduction Trust Fund, for carrying out sec14 tions 40155, 40211, 40241, and 40251 of Public Law

15 103–322.

16 FAMILY PRESERVATION AND SUPPORT

17 For carrying out section 430 of the Social Security

18 Act, $225,000,000.

19 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

20 ASSISTANCE

21 For making payments to States or other non-Federal

22 entities, under title IV–E of the Social Security Act,

23 $4,322,238,000.
339

HR 3019 IH

1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 For carrying out, to the extent not otherwise pro4 vided, the Older Americans Act of 1965, as amended,

5 $801,232,000.

6 OFFICE OF THE SECRETARY

7 GENERAL DEPARTMENTAL MANAGEMENT

8 For necessary expenses, not otherwise provided, for

9 general departmental management, including hire of six

10 medium sedans, and for carrying out titles III, XVII, and

11 XX of the Public Health Service Act, $136,499,000, to12 gether with $6,628,000, to be transferred and expended

13 as authorized by section 201(g)(1) of the Social Security

14 Act from the Hospital Insurance Trust Fund and the Sup15 plemental Medical Insurance Trust Fund: Provided, That

16 of the funds made available under this heading for carry17 ing out title XVII of the Public Health Service Act,

18 $7,500,000 shall be available until expended for extra19 mural construction.

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $29,956,000, together

24 with not to exceed $1,000,000, to be transferred and ex25 pended as authorized by section 201(g)(1) of the Social
340

HR 3019 IH

1 Security Act from the Hospital Insurance Trust Fund and

2 the Supplemental Medical Insurance Trust Fund.

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil

5 Rights, $16,153,000, together with not to exceed

6 $3,314,000, to be transferred and expended as authorized

7 by section 201(g)(1) of the Social Security Act from the

8 Hospital Insurance Trust Fund and the Supplemental

9 Medical Insurance Trust Fund.

10 POLICY RESEARCH

11 For carrying out, to the extent not otherwise pro12 vided, research studies under section 1110 of the Social

13 Security Act, $9,000,000.

14 GENERAL PROVISIONS

15 SEC. 201. Funds appropriated in this title shall be

16 available for not to exceed $37,000 for official reception

17 and representation expenses when specifically approved by

18 the Secretary.

19 SEC. 202. The Secretary shall make available through

20 assignment not more than 60 employees of the Public

21 Health Service to assist in child survival activities and to

22 work in AIDS programs through and with funds provided

23 by the Agency for International Development, the United

24 Nations International Children’s Emergency Fund or the

25 World Health Organization.
341

HR 3019 IH

1 SEC. 203. None of the funds appropriated under this

2 Act may be used to implement section 399L(b) of the Pub3 lic Health Service Act or section 1503 of the National In4 stitutes of Health Revitalization Act of 1993, Public Law

5 103–43.

6 SEC. 204. None of the funds made available by this

7 Act may be used to withhold payment to any State under

8 the Child Abuse Prevention and Treatment Act by reason

9 of a determination that the State is not in compliance with

10 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal

11 Regulations. This provision expires upon the date of enact12 ment of the reauthorization of the Child Abuse Prevention

13 and Treatment Act or upon September 30, 1996, which14 ever occurs first.

15 SEC. 205. None of the funds appropriated in this or

16 any other Act for the National Institutes of Health and

17 the Substance Abuse and Mental Health Services Admin18 istration shall be used to pay the salary of an individual,

19 through a grant or other extramural mechanism, at a rate

20 in excess of $125,000 per year.

21 SEC. 206. Taps and other assessments made by any

22 office located in the Department of Health and Human

23 Services shall be treated as a reprogramming of funds ex24 cept that this provision shall not apply to assessments re25 quired by authorizing legislation, or related to working
342

HR 3019 IH

1 capital funds or other fee-for-service activities. None of the

2 funds appropriated in this Act may be expended pursuant

3 to section 241 of the Public Health Service Act, except

4 for funds specifically provided for in this Act, prior to the

5 Secretary’s preparation and submission of a report to the

6 Committee on Appropriations of the Senate and of the

7 House detailing the planned uses of such funds.

8 (TRANSFER OF FUNDS)

9 SEC. 207. Of the funds appropriated or otherwise

10 made available for the Department of Health and Human

11 Services, General Departmental Management, for fiscal

12 year 1996, the Secretary of Health and Human Services

13 shall transfer to the Office of the Inspector General such

14 sums as may be necessary for any expenses with respect

15 to the provision of security protection for the Secretary

16 of Health and Human Services.

17 SEC. 208. None of the funds appropriated in this Act

18 may be obligated or expended for the Federal Council on

19 Aging under the Older Americans Act or the Advisory

20 Board on Child Abuse and Neglect under the Child Abuse

21 Prevention and Treatment Act.

22 (TRANSFER OF FUNDS)

23 SEC. 209. Not to exceed 1 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Health and Human Services in this Act may

26 be transferred between such appropriations, but no such
343

HR 3019 IH

1 appropriation shall be increased by more than 3 percent

2 by any such transfers: Provided, That the Appropriations

3 Committees of both Houses of Congress are notified at

4 least fifteen days in advance of any transfers.

5 SEC. 210. Of the funds provided for the account

6 heading ‘‘Disease Control, Research, and Training’’ in

7 Public Law 104–91, $31,642,000, to be derived from the

8 Violent Crime Reduction Trust Fund, is hereby available

9 for carrying out sections 40151, 40261, and 40293 of

10 Public Law 103–322 notwithstanding any provision of

11 Public Law 104–91.

12 (TRANSFER OF FUNDS)

13 SEC. 211. The Director of the National Institutes of

14 Health may transfer funds made available for the National

15 Institutes of Health under Public Law 104–91 between

16 the Institutes, Centers, and the National Library of Medi17 cine to carry out the purposes of part D of title XXIII

18 of the Public Health Service Act, provided that no appro19 priation may be decreased by more than 2 percent by any

20 such transfers and that the Congress is promptly notified

21 of the transfer.

22 SEC. 212. In fiscal year 1996, the National Library

23 of Medicine may enter into personal services contracts for

24 the provision of services in facilities owned, operated, or

25 constructed under the jurisdiction of the National Insti26 tutes of Health.
344

HR 3019 IH

1 SEC. 213. Notwithstanding section 106 of Public Law

2 104–91, appropriations for the National Institutes of

3 Health and the Centers for Disease Control and Preven4 tion shall be available for fiscal year 1996 as specified in

5 section 101 of Public Law 104–91.

6 This title may be cited as the ‘‘Department of Health

7 and Human Services Appropriations Act, 1996’’.

8 TITLE III—DEPARTMENT OF EDUCATION

9 EDUCATION REFORM

10 For carrying out activities authorized by titles II and

11 III of the School-to-Work Opportunities Act, $95,000,000

12 which shall become available on July 1, 1996, and remain

13 available through September 30, 1997.

14 EDUCATION FOR THE DISADVANTAGED

15 For carrying out title I of the Elementary and Sec16 ondary Education Act of 1965, and section 418A of the

17 Higher Education Act, $6,049,113,000, of which

18 $6,032,774,000 shall become available on July 1, 1996

19 and shall remain available through September 30, 1997:

20 Provided, That $4,949,505,000 shall be available for basic

21 grants under section 1124, which shall be allocated with22 out regard to section 1124(d): Provided further, That up

23 to $3,500,000 of these funds shall be available to the Sec24 retary on October 1, 1995 and shall remain available

25 through September 30, 1997, to obtain updated local-edu-
345

HR 3019 IH

1 cational-agency-level census poverty data from the Bureau

2 of the Census: Provided further, That $549,945,000 shall

3 be available for concentration grants under section

4 1124(A) and $3,370,000 shall be available for evaluations

5 under section 1501: Provided further, That no funds shall

6 be reserved under section 1003(a) of said Act.

7 IMPACT AID

8 For carrying out programs of financial assistance to

9 federally affected schools authorized by title VIII of the

10 Elementary and Secondary Education Act of 1965,

11 $693,000,000, of which $583,011,000 shall be for basic

12 support payments under section 8003(b), $40,000,000

13 shall be for payments for children with disabilities under

14 section 8003(d), $50,000,000, to remain available until

15 expended, shall be for payments under section 8003(f),

16 $5,000,000 shall be for construction under section 8007,

17 and $14,989,000 shall be for Federal property payments

18 under section 8002.

19 SCHOOL IMPROVEMENT PROGRAMS

20 For carrying out school improvement activities au21 thorized by titles II, IV–A–1, V–A, VI, section 7203, and

22 titles IX, X and XIII of the Elementary and Secondary

23 Education Act of 1965; the Stewart B. McKinney Home24 less Assistance Act; and the Civil Rights Act of 1964;

25 $946,227,000 of which $773,000,000 shall become avail-
346

HR 3019 IH

1 able on July 1, 1996, and remain available through Sep2 tember 30, 1997: Provided, That of the amount appro3 priated, $275,000,000 shall be for Eisenhower profes4 sional development State grants under title II–B and

5 $275,000,000 shall be for innovative education program

6 strategies State grants under title VI–A: Provided further,

7 That not less than $3,000,000 shall be for innovative pro8 grams under section 5111.

9 BILINGUAL AND IMMIGRANT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, bilingual and immigrant education activities author12 ized by title VII of the Elementary and Secondary Edu13 cation Act, $150,000,000 of which $50,000,000 shall be

14 for immigrant education programs authorized by part C:

15 Provided, That State educational agencies may use all, or

16 any part of, their part C allocation for competitive grants

17 to local educational agencies: Provided further, That the

18 Department of Education should only support instruc19 tional programs which ensure that students completely

20 master English in a timely fashion (a period of three to

21 five years) while meeting rigorous achievement standards

22 in the academic content areas: Provided further, That no

23 funds shall be available for subpart 3 of part A.
347

HR 3019 IH

1 SPECIAL EDUCATION

2 For carrying out parts B, C, D, E, F, G, and H and

3 section 610(j)(2)(C) of the Individuals with Disabilities

4 Education Act, $3,245,447,000, of which $3,000,000,000

5 shall become available for obligation on July 1, 1996, and

6 shall remain available through September 30, 1997.

7 REHABILITATION SERVICES AND DISABILITY RESEARCH

8 For carrying out, to the extent not otherwise pro9 vided, the Rehabilitation Act of 1973, the Technology-Re10 lated Assistance for Individuals with Disabilities Act, and

11 the Helen Keller National Center Act, as amended,

12 $2,452,620,000, of which $4,500,000 shall be for employ13 ment-related activities of the 1996 Paralympic Games.

14 SPECIAL INSTITUTIONS FOR PERSONS WITH

15 DISABILITIES

16 AMERICAN PRINTING HOUSE FOR THE BLIND

17 For carrying out the Act of March 3, 1879, as

18 amended (20 U.S.C. 101 et seq.), $6,680,000.

19 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

20 For the National Technical Institute for the Deaf

21 under titles I and II of the Education of the Deaf Act

22 of 1986 (20 U.S.C. 4301 et seq.), $42,180,000: Provided,

23 That from the amount available, the Institute may at its

24 discretion use funds for the endowment program as au25 thorized under section 207.
348

HR 3019 IH

1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School,

3 the Model Secondary School for the Deaf, and the partial

4 support of Gallaudet University under titles I and II of

5 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

6 et seq.), $77,629,000: Provided, That from the amount

7 available, the University may at its discretion use funds

8 for the endowment program as authorized under section

9 207.

10 VOCATIONAL AND ADULT EDUCATION

11 For carrying out, to the extent not otherwise pro12 vided, the Carl D. Perkins Vocational and Applied Tech13 nology Education Act, the Adult Education Act, and the

14 National Literacy Act of 1991, $1,257,134,000, of which

15 $4,869,000 shall be for the National Institute for Lit16 eracy; and of which $1,254,215,000 shall become available

17 on July 1, 1996 and shall remain available through Sep18 tember 30, 1997: Provided, That of the amounts made

19 available under the Carl D. Perkins Vocational and Ap20 plied Technology Education Act, $5,000,000 shall be for

21 national programs under title IV without regard to section

22 451 and $350,000 shall be for evaluations under section

23 346(b) of the Act.
349

HR 3019 IH

1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1 and 3 of part A, part

3 C, and part E of title IV of the Higher Education Act

4 of 1965, as amended, $6,643,246,000, which shall remain

5 available through September 30, 1997: Provided, That

6 notwithstanding section 401(a)(1) of the Act, there shall

7 be not to exceed 3,650,000 Pell Grant recipients in award

8 year 1995–1996.

9 The maximum Pell Grant for which a student shall

10 be eligible during award year 1996–1997 shall be $2,440:

11 Provided, That notwithstanding section 401(g) of the Act,

12 as amended, if the Secretary determines, prior to publica13 tion of the payment schedule for award year 1996–1997,

14 that the $5,423,331,000 included within this appropria15 tion for Pell Grant awards for award year 1996–1997, and

16 any funds available from the fiscal year 1995 appropria17 tion for Pell Grant awards, are insufficient to satisfy fully

18 all such awards for which students are eligible, as cal19 culated under section 401(b) of the Act, the amount paid

20 for each such award shall be reduced by either a fixed

21 or variable percentage, or by a fixed dollar amount, as de22 termined in accordance with a schedule of reductions es23 tablished by the Secretary for this purpose.
350

HR 3019 IH

1 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

2 For Federal administrative expenses to carry out

3 guaranteed student loans authorized by title IV, part B,

4 of the Higher Education Act, as amended, $30,066,000.

5 HIGHER EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, parts A and B of title III, without regard to section

8 360(a)(1)(B)(ii), and part A of title IV, part E of title

9 V, parts A, B, and C of title VI, title VII, title IX, part

10 A and subpart 1 of part B of title X, part A of title XI

11 of the Higher Education Act of 1965, as amended, Public

12 Law 102–423 and the Mutual Educational and Cultural

13 Exchange Act of 1961; $836,964,000, of which

14 $16,712,000 for interest subsidies under title VII of the

15 Higher Education Act, as amended, shall remain available

16 until expended.

17 HOWARD UNIVERSITY

18 For partial support of Howard University (20 U.S.C.

19 121 et seq.), $174,671,000.

20 HIGHER EDUCATION FACILITIES LOANS

21 The Secretary is hereby authorized to make such ex22 penditures, within the limits of funds available under this

23 heading and in accord with law, and to make such con24 tracts and commitments without regard to fiscal year limi25 tation, as provided by section 104 of the Government Cor-
351

HR 3019 IH

1 poration Control Act (31 U.S.C. 9104), as may be nec2 essary in carrying out the program for the current fiscal

3 year.

4 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

5 PROGRAM

6 For administrative expenses to carry out the existing

7 direct loan program of college housing and academic facili8 ties loans entered into pursuant to title VII, part C, of

9 the Higher Education Act, as amended, $700,000.

10 COLLEGE HOUSING LOANS

11 Pursuant to title VII, part C of the Higher Education

12 Act, as amended, for necessary expenses of the college

13 housing loans program, previously carried out under title

14 IV of the Housing Act of 1950, the Secretary shall make

15 expenditures and enter into contracts without regard to

16 fiscal year limitation using loan repayments and other re17 sources available to this account. Any unobligated bal18 ances becoming available from fixed fees paid into this ac19 count pursuant to 12 U.S.C. 1749d, relating to payment

20 of costs for inspections and site visits, shall be available

21 for the operating expenses of this account.

22 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

23 CAPITAL FINANCING, PROGRAM ACCOUNT

24 The total amount of bonds insured pursuant to sec25 tion 724 of title VII, part B of the Higher Education Act
352

HR 3019 IH

1 shall not exceed $357,000,000, and the cost, as defined

2 in section 502 of the Congressional Budget Act of 1974,

3 of such bonds shall not exceed zero.

4 For administrative expenses to carry out the Histori5 cally Black College and University Capital Financing Pro6 gram entered into pursuant to title VII, part B of the

7 Higher Education Act, as amended, $166,000.

8 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

9 For carrying out activities authorized by the Edu10 cational Research, Development, Dissemination, and Im11 provement Act; the National Education Statistics Act; sec12 tion 2102, parts A, B, C, and D of title III, parts A, B,

13 I, K, and section 10601 of title X, part C of title XIII

14 of the Elementary and Secondary Education Act of 1965,

15 as amended, and section 601 of Public Law 103–227,

16 $328,268,000: Provided, That $4,000,000 shall be for sec17 tion 10601 of the Elementary and Secondary Education

18 Act: Provided further, That $25,000,000 shall be for sec19 tion 3136 (K–12 technology learning challenges) of the El20 ementary and Secondary Education Act: Provided further,

21 That none of the funds appropriated in this paragraph

22 may be obligated or expended for the Goals 2000 Commu23 nity Partnerships Program.
353

HR 3019 IH

1 LIBRARIES

2 For carrying out, to the extent not otherwise pro3 vided, titles I, II, and III of the Library Services and Con4 struction Act, and title II–B of the Higher Education Act,

5 $131,505,000, of which $16,369,000 shall be used to

6 carry out the provisions of title II of the Library Services

7 and Construction Act and shall remain available until ex8 pended.

9 DEPARTMENTAL MANAGEMENT

10 PROGRAM ADMINISTRATION

11 For carrying out, to the extent not otherwise pro12 vided, the Department of Education Organization Act, in13 cluding rental of conference rooms in the District of Co14 lumbia and hire of two passenger motor vehicles,

15 $327,319,000.

16 OFFICE FOR CIVIL RIGHTS

17 For expenses necessary for the Office for Civil

18 Rights, as authorized by section 203 of the Department

19 of Education Organization Act, $55,451,000.

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses necessary for the Office of the Inspector

22 General, as authorized by section 212 of the Department

23 of Education Organization Act, $28,654,000.
354

HR 3019 IH

1 HEADQUARTERS RENOVATION

2 For necessary expenses for the renovation of the De3 partment of Education headquarters building, $7,000,000,

4 to remain available until September 30, 1998.

5 GENERAL PROVISIONS

6 SEC. 301. No funds appropriated in this Act may be

7 used for the transportation of students or teachers (or for

8 the purchase of equipment for such transportation) in

9 order to overcome racial imbalance in any school or school

10 system, or for the transportation of students or teachers

11 (or for the purchase of equipment for such transportation)

12 in order to carry out a plan of racial desegregation of any

13 school or school system.

14 SEC. 302. None of the funds contained in this Act

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school

17 which is nearest the student’s home, except for a student

18 requiring special education, to the school offering such

19 special education, in order to comply with title VI of the

20 Civil Rights Act of 1964. For the purpose of this section

21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan

23 involving the reorganization of the grade structure of

24 schools, the pairing of schools, or the clustering of schools,

25 or any combination of grade restructuring, pairing or clus-
355

HR 3019 IH

1 tering. The prohibition described in this section does not

2 include the establishment of magnet schools.

3 SEC. 303. No funds appropriated under this Act may

4 be used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools.

6 SEC. 304. No funds appropriated under this Act shall

7 be made available for opportunity to learn standards or

8 strategies.

9 SEC. 305. Notwithstanding any other provision of

10 law, funds available under section 458 of the Higher Edu11 cation Act shall not exceed $260,000,000 for fiscal year

12 1996. The Department of Education shall use such funds

13 as follows: (i) $100,000,000 for the indirect administrative

14 expenses of the loan programs under part B and part D

15 of the Higher Education Act; (ii) $95,000,000 for admin16 istrative cost allowances owed to guaranty agencies for fis17 cal year 1995 estimated at $95,000,000; and (iii) adminis18 trative cost allowances to guaranty agencies, to be paid

19 quarterly, calculated on the basis of 0.85 percent of the

20 total principal amount of loans upon which insurance was

21 issued on or after October 1, 1995 by such guaranty agen22 cy. Receipt of such funds and uses of such funds by guar23 anty agencies shall be in accordance with section 428(f)

24 of the Higher Education Act.
356

HR 3019 IH

1 Notwithstanding any other provision of law, for fiscal

2 year 1996 there shall be available to the Secretary from

3 funds not otherwise appropriated, funds to be obligated

4 for subsidy costs for the William D. Ford Direct Loan

5 Program which represent the estimated long-term cost to

6 the Federal Government of direct administrative expenses

7 calculated on a net present value basis.

8 Notwithstanding section 458 of the Higher Education

9 Act, the Secretary may not use funds available under that

10 section or any other section for subsequent fiscal years

11 for administrative expenses of the William D. Ford Direct

12 Loan Program. The Secretary may not require the return

13 of guaranty agency reserve funds during fiscal year 1996,

14 except after consultation with both the chairman and

15 ranking member of the House Economic and Educational

16 Opportunities Committee and the Senate Labor and

17 Human Resources Committee. Any reserve funds recov18 ered by the Secretary shall be returned to the Treasury

19 of the United States for purposes of reducing the Federal

20 debt.

21 No funds available to the Secretary may be used for

22 (1) marketing, advertising or promotion of the William D.

23 Ford Direct Loan Program, or for the hiring of advertis24 ing agencies or other third parties to provide advertising

25 services, or (2) payment of administrative fees relating to
357

HR 3019 IH

1 the William D. Ford Direct Loan Program to institutions

2 of higher education, or (3) for purposes of conducting an

3 evaluation of the William D. Ford Direct Loan Program

4 except as administered by the Advisory Committee on Stu5 dent Financial Assistance.

6 Notwithstanding any other provision of law, for aca7 demic year 1996–1997 and for each succeeding academic

8 year, loans made under part D of the Higher Education

9 Act, including Federal Direct Consolidation Loans, shall

10 represent not more than 40 percent of the new student

11 loan volume for such year, except that the Secretary shall

12 not enter into an agreement with an eligible institution

13 that has not applied and been accepted for participation

14 in the direct loan program on or before September 30,

15 1995.

16 SEC. 306. None of the funds appropriated in this Act

17 may be obligated or expended to carry out sections 727,

18 932, and 1002 of the Higher Education Act of 1965, sec19 tion 621(b) of Public Law 101–589, the President’s Advi20 sory Commission on Educational Excellence for Hispanic

21 Americans, and the President’s Board of Advisors on His22 torically Black Colleges and Universities.

23 (TRANSFER OF FUNDS)

24 SEC. 307. Not to exceed 1 percent of any appropria25 tion made available for the current fiscal year for the De26 partment of Education in this Act may be transferred be-
358

HR 3019 IH

1 tween such appropriations, but no such appropriation shall

2 be increased by more than 3 percent by any such trans3 fers: Provided, That the Appropriations Committees of

4 both Houses of Congress are notified at least fifteen days

5 in advance of any transfers.

6 This title may be cited as the ‘‘Department of Edu7 cation Appropriations Act, 1996’’.

8 TITLE IV—RELATED AGENCIES

9 ARMED FORCES RETIREMENT HOME

10 For expenses necessary for the Armed Forces Retire11 ment Home to operate and maintain the United States

12 Soldiers’ and Airmen’s Home and the United States Naval

13 Home, to be paid from funds available in the Armed

14 Forces Retirement Home Trust Fund, $55,971,000, of

15 which $1,954,000 shall remain available until expended

16 for construction and renovation of the physical plants at

17 the United States Soldiers’ and Airmen’s Home and the

18 United States Naval Home: Provided, That this appro19 priation shall not be available for the payment of hos20 pitalization of members of the Soldiers’ and Airmen’s

21 Home in United States Army hospitals at rates in excess

22 of those prescribed by the Secretary of the Army upon

23 recommendation of the Board of Commissioners and the

24 Surgeon General of the Army.
359

HR 3019 IH

1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $196,270,000.

8 CORPORATION FOR PUBLIC BROADCASTING

9 For payment to the Corporation for Public Broad10 casting, as authorized by the Communications Act of

11 1934, an amount which shall be available within limita12 tions specified by that Act, for the fiscal year 1998,

13 $250,000,000: Provided, That no funds made available to

14 the Corporation for Public Broadcasting by this Act shall

15 be used to pay for receptions, parties, or similar forms

16 of entertainment for Government officials or employees:

17 Provided further, That none of the funds contained in this

18 paragraph shall be available or used to aid or support any

19 program or activity from which any person is excluded,

20 or is denied benefits, or is discriminated against, on the

21 basis of race, color, national origin, religion, or sex.

22 FEDERAL MEDIATION AND CONCILIATION SERVICE

23 SALARIES AND EXPENSES

24 For expenses necessary for the Federal Mediation

25 and Conciliation Service to carry out the functions vested
360

HR 3019 IH

1 in it by the Labor Management Relations Act, 1947 (29

2 U.S.C. 171–180, 182–183), including hire of passenger

3 motor vehicles; and for expenses necessary for the Labor4 Management Cooperation Act of 1978 (29 U.S.C. 175a);

5 and for expenses necessary for the Service to carry out

6 the functions vested in it by the Civil Service Reform Act,

7 Public Law 95–454 (5 U.S.C. chapter 71), $32,896,000

8 including $1,500,000, to remain available through Sep9 tember 30, 1997, for activities authorized by the Labor

10 Management Cooperation Act of 1978 (29 U.S.C. 175a):

11 Provided, That notwithstanding 31 U.S.C. 3302, fees

12 charged for special training activities up to full-cost recov13 ery shall be credited to and merged with this account, and

14 shall remain available until expended: Provided further,

15 That the Director of the Service is authorized to accept

16 on behalf of the United States gifts of services and real,

17 personal, or other property in the aid of any projects or

18 functions within the Director’s jurisdiction.

19 FEDERAL MINE SAFETY AND HEALTH REVIEW

20 COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mine Safety

23 and Health Review Commission (30 U.S.C. 801 et seq.),

24 $6,200,000.
361

HR 3019 IH

1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission

5 on Libraries and Information Science, established by the

6 Act of July 20, 1970 (Public Law 91–345, as amended

7 by Public Law 102–95), $829,000.

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on

11 Disability as authorized by title IV of the Rehabilitation

12 Act of 1973, as amended, $1,793,000.

13 NATIONAL EDUCATION GOALS PANEL

14 For expenses necessary for the National Education

15 Goals Panel, as authorized by title II, part A of the Goals

16 2000: Educate America Act, $1,000,000.

17 NATIONAL LABOR RELATIONS BOARD

18 SALARIES AND EXPENSES

19 For expenses necessary for the National Labor Rela20 tions Board to carry out the functions vested in it by the

21 Labor-Management Relations Act, 1947, as amended (29

22 U.S.C. 141–167), and other laws, $167,245,000: Pro23 vided, That no part of this appropriation shall be available

24 to organize or assist in organizing agricultural laborers or

25 used in connection with investigations, hearings, direc-
362

HR 3019 IH

1 tives, or orders concerning bargaining units composed of

2 agricultural laborers as referred to in section 2(3) of the

3 Act of July 5, 1935 (29 U.S.C. 152), and as amended

4 by the Labor-Management Relations Act, 1947, as amend5 ed, and as defined in section 3(f) of the Act of June 25,

6 1938 (29 U.S.C. 203), and including in said definition em7 ployees engaged in the maintenance and operation of

8 ditches, canals, reservoirs, and waterways when main9 tained or operated on a mutual, nonprofit basis and at

10 least 95 per centum of the water stored or supplied there11 by is used for farming purposes: Provided further, That

12 no part of this appropriation may be used by the National

13 Labor Relations Board to petition a United States district

14 court for temporary relief or a restraining order as de15 scribed under section 10(j) of the National Labor Rela16 tions Act unless there is a reasonable likelihood of success

17 on the merits of the complaint that an unfair labor prac18 tice has occurred, there is a possibility of irreparable harm

19 if such relief is not granted, a balancing of hardships fa20 vors injunctive relief, and harm to the public interest

21 stemming from injunctive relief is tolerable in light of the

22 benefits achieved by such relief.
363

HR 3019 IH

1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions

4 of the Railway Labor Act, as amended (45 U.S.C. 151–

5 188), including emergency boards appointed by the Presi6 dent, $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)

16 of the Social Security Act, $2,923,000, to be transferred

17 to this appropriation from the Federal Supplementary

18 Medical Insurance Trust Fund.

19 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out section 1886(e)

22 of the Social Security Act, $3,267,000, to be transferred

23 to this appropriation from the Federal Hospital Insurance

24 and the Federal Supplementary Medical Insurance Trust

25 Funds.
364

HR 3019 IH

1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors

4 Insurance and the Federal Disability Insurance trust

5 funds, as provided under sections 201(m), 228(g), and

6 1131(b)(2) 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 re10 main 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 avail14 able 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 in18 curred in the current fiscal year, such amounts as may

19 be necessary.

20 For making benefit payments under title IV of the

21 Federal Mine Safety and Health Act of 1977 for the first

22 quarter of fiscal year 1997, $170,000,000, to remain

23 available until expended.
365

HR 3019 IH

1 SUPPLEMENTAL SECURITY INCOME PROGRAM

2 For carrying out titles XI and XVI of the Social Se3 curity Act, section 401 of Public Law 92–603, section 212

4 of Public Law 93–66, as amended, and section 405 of

5 Public Law 95–216, including payment to the Social Secu6 rity trust funds for administrative expenses incurred pur7 suant to section 201(g)(1) of the Social Security Act,

8 $18,753,834,000, to remain available until expended: Pro9 vided, That any portion of the funds provided to a State

10 in the current fiscal year and not obligated by the State

11 during that year shall be returned to the Treasury.

12 For making, after June 15 of the current fiscal year,

13 benefit payments to individuals under title XVI of the So14 cial Security Act, for unanticipated costs incurred for the

15 current fiscal year, such sums as may be necessary.

16 For carrying out title XVI of the Social Security Act

17 for the first quarter of fiscal year 1997, $9,260,000,000,

18 to remain available until expended.

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 For necessary expenses, including the hire of two me21 dium size passenger motor vehicles, and not to exceed

22 $10,000 for official reception and representation expenses,

23 not more than $5,164,268,000 may be expended, as au24 thorized by section 201(g)(1) of the Social Security Act

25 or as necessary to carry out sections 9704 and 9706 of
366

HR 3019 IH

1 the Internal Revenue Code of 1986 from any one or all

2 of the trust funds referred to therein: Provided, That reim3 bursement to the trust funds under this heading for ad4 ministrative expenses to carry out sections 9704 and 9706

5 of the Internal Revenue Code of 1986 shall be made, with

6 interest, not later than September 30, 1997.

7 In addition to funding already available under this

8 heading, and subject to the same terms and conditions,

9 $407,000,000, for disability caseload processing.

10 In addition to funding already available under this

11 heading, and subject to the same terms and conditions,

12 $228,000,000, which shall remain available until ex13 pended, to invest in a state-of-the-art computing network,

14 including related equipment and administrative expenses

15 associated solely with this network, for the Social Security

16 Administration and the State Disability Determination

17 Services, may be expended from any or all of the trust

18 funds as authorized by section 201(g)(1) of the Social

19 Security Act.

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $4,816,000, together

24 with not to exceed $21,076,000, to be transferred and ex25 pended as authorized by section 201(g)(1) of the Social

26 Security Act from the Federal Old-Age and Survivors In-
367

HR 3019 IH

1 surance Trust Fund and the Federal Disability Insurance

2 Trust Fund.

3 RAILROAD RETIREMENT BOARD

4 DUAL BENEFITS PAYMENTS ACCOUNT

5 For payment to the Dual Benefits Payments Ac6 count, authorized under section 15(d) of the Railroad Re7 tirement Act of 1974, $239,000,000, which shall include

8 amounts becoming available in fiscal year 1996 pursuant

9 to section 224(c)(1)(B) of Public Law 98–76; and in addi10 tion, an amount, not to exceed 2 percent of the amount

11 provided herein, shall be available proportional to the

12 amount by which the product of recipients and the average

13 benefit received exceeds $239,000,000: Provided, That the

14 total amount provided herein shall be credited in 12 ap15 proximately equal amounts on the first day of each month

16 in the fiscal year.

17 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

18 ACCOUNTS

19 For payment to the accounts established in the

20 Treasury for the payment of benefits under the Railroad

21 Retirement Act for interest earned on unnegotiated

22 checks, $300,000, to remain available through September

23 30, 1997, which shall be the maximum amount available

24 for payment pursuant to section 417 of Public Law

25 98–76.
368

HR 3019 IH

1 LIMITATION ON ADMINISTRATION

2 For necessary expenses for the Railroad Retirement

3 Board, $73,561,000, to be derived from the railroad re4 tirement accounts.

5 LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

6 ADMINISTRATION FUND

7 For further expenses necessary for the Railroad Re8 tirement Board, for administration of the Railroad Unem9 ployment Insurance Act, not less than $17,255,000 shall

10 be apportioned for fiscal year 1996 from moneys credited

11 to the railroad unemployment insurance administration

12 fund.

13 SPECIAL MANAGEMENT IMPROVEMENT FUND

14 To effect management improvements, including the

15 reduction of backlogs, accuracy of taxation accounting,

16 and debt collection, $659,000, to be derived from the rail17 road retirement accounts and railroad unemployment in18 surance account: Provided, That these funds shall supple19 ment, not supplant, existing resources devoted to such op20 erations and improvements.

21 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector

23 General for audit, investigatory and review activities, as

24 authorized by the Inspector General Act of 1978, as

25 amended, not more than $5,673,000, to be derived from
369

HR 3019 IH

1 the railroad retirement accounts and railroad unemploy2 ment insurance account.

3 UNITED STATES INSTITUTE OF PEACE

4 OPERATING EXPENSES

5 For necessary expenses of the United States Institute

6 of Peace as authorized in the United States Institute of

7 Peace Act, $11,500,000.

8 TITLE V—GENERAL PROVISIONS

9 SEC. 501. The Secretaries of Labor, Health and

10 Human Services, and Education are authorized to transfer

11 unexpended balances of prior appropriations to accounts

12 corresponding to current appropriations provided in this

13 Act: Provided, That such transferred balances are used for

14 the same purpose, and for the same periods of time, for

15 which they were originally appropriated.

16 SEC. 502. No part of any appropriation contained in

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

19 SEC. 503. (a) No part of any appropriation contained

20 in this Act shall be used, other than for normal and recog21 nized executive-legislative relationships, for publicity or

22 propaganda purposes, for the preparation, distribution, or

23 use of any kit, pamphlet, booklet, publication, radio, tele24 vision, or film presentation designed to support or defeat
370

HR 3019 IH

1 legislation pending before the Congress, except in presen2 tation to the Congress itself.

3 (b) No part of any appropriation contained in this

4 Act shall be used to pay the salary or expenses of any

5 grant or contract recipient, or agent acting for such recipi6 ent, related to any activity designed to influence legislation

7 or appropriations pending before the Congress.

8 SEC. 504. The Secretaries of Labor and Education

9 are each authorized to make available not to exceed

10 $15,000 from funds available for salaries and expenses

11 under titles I and III, respectively, for official reception

12 and representation expenses; the Director of the Federal

13 Mediation and Conciliation Service is authorized to make

14 available for official reception and representation expenses

15 not to exceed $2,500 from the funds available for ‘‘Sala16 ries and expenses, Federal Mediation and Conciliation

17 Service’’; and the Chairman of the National Mediation

18 Board is authorized to make available for official reception

19 and representation expenses not to exceed $2,500 from

20 funds available for ‘‘Salaries and expenses, National Medi21 ation Board’’.

22 SEC. 505. Notwithstanding any other provision of

23 this Act, no funds appropriated under this Act shall be

24 used to carry out any program of distributing sterile nee25 dles for the hypodermic injection of any illegal drug unless
371

HR 3019 IH

1 the Secretary of Health and Human Services determines

2 that such programs are effective in preventing the spread

3 of HIV and do not encourage the use of illegal drugs.

4 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

5 EQUIPMENT AND PRODUCTS.—It is the sense of the Con6 gress that, to the greatest extent practicable, all equip7 ment and products purchased with funds made available

8 in this Act should be American-made.

9 (b) NOTICE REQUIREMENT.—In providing financial

10 assistance to, or entering into any contract with, any en11 tity using funds made available in this Act, the head of

12 each Federal agency, to the greatest extent practicable,

13 shall provide to such entity a notice describing the state14 ment made in subsection (a) by the Congress.

15 SEC. 507. When issuing statements, press releases,

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or

18 in part with Federal money, all grantees receiving Federal

19 funds, including but not limited to State and local govern20 ments and recipients of Federal research grants, shall

21 clearly state (1) the percentage of the total costs of the

22 program or project which will be financed with Federal

23 money, (2) the dollar amount of Federal funds for the

24 project or program, and (3) percentage and dollar amount
372

HR 3019 IH

1 of the total costs of the project or program that will be

2 financed by nongovernmental sources.

3 SEC. 508. None of the funds appropriated under this

4 Act shall be expended for any abortion except when it is

5 made known to the Federal entity or official to which

6 funds are appropriated under this Act that such procedure

7 is necessary to save the life of the mother or that the preg8 nancy is the result of an act of rape or incest.

9 SEC. 509. Effective October 1, 1993, and applicable

10 thereafter, and notwithstanding any other law, each State

11 is and remains free not to fund abortions to the extent

12 that the State in its sole discretion deems appropriate, ex13 cept where the life of the mother would be endangered if

14 the fetus were carried to term.

15 SEC. 510. Notwithstanding any other provision of

16 law—

17 (1) no amount may be transferred from an ap18 propriation account for the Departments of Labor,

19 Health and Human Services, and Education except

20 as authorized in this or any subsequent appropria21 tion act, or in the Act establishing the program or

22 activity for which funds are contained in this Act;

23 (2) no department, agency, or other entity,

24 other than the one responsible for administering the

25 program or activity for which an appropriation is
373

HR 3019 IH

1 made in this Act, may exercise authority for the tim2 ing of the obligation and expenditure of such appro3 priation, or for the purposes for which it is obligated

4 and expended, except to the extent and in the man5 ner otherwise provided in sections 1512 and 1513 of

6 title 31, United States Code; and

7 (3) no funds provided under this Act shall be

8 available for the salary (or any part thereof) of an

9 employee who is reassigned on a temporary detail

10 basis to another position in the employing agency or

11 department or in any other agency or department,

12 unless the detail is independently approved by the

13 head of the employing department or agency.

14 SEC. 511. LIMITATION ON USE OF FUNDS.—None

15 of the funds made available in this Act may be used for

16 the expenses of an electronic benefit transfer (EBT) task

17 force.

18 SEC. 512. None of the funds made available in this

19 Act may be used to enforce the requirements of section

20 428(b)(1)(U)(iii) of the Higher Education Act of 1965

21 with respect to any lender when it is made known to the

22 Federal official having authority to obligate or expend

23 such funds that the lender has a loan portfolio under part

24 B of title IV of such Act that is equal to or less than

25 $5,000,000.
374

HR 3019 IH

1 SEC. 513. None of the funds made available in this

2 Act may be used for Pell Grants under subpart 1 of part

3 A of title IV of the Higher Education Act of 1965 to stu4 dents attending an institution of higher education that is

5 ineligible to participate in a loan program under such title

6 as a result of a default determination under section

7 435(a)(2) of such Act, unless such institution has a par8 ticipation rate index (as defined at 34 CFR 668.17) that

9 is less than or equal to 0.0375.

10 SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—

11 Section 428H(d)(2) of the Higher Education Act of 1965

12 (20 U.S.C. 1078–8(d)(2)) is amended by striking out the

13 period at the end thereof and inserting in lieu thereof a

14 semicolon and the following: ‘‘except in cases where the

15 Secretary determines that a higher amount is warranted

16 in order to carry out the purpose of this part with respect

17 to students engaged in specialized training requiring ex18 ceptionally high costs of education, but the annual insur19 able limit per student shall not be deemed to be exceeded

20 by a line of credit under which actual payments by the

21 lender to the borrower will not be made in any years in

22 excess of the annual limit.’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall be effective for loans made to cover
375

HR 3019 IH

1 the cost of instruction for periods of enrollment beginning

2 on or after July 1, 1996.

3 SEC. 515. None of the funds made available in this

4 Act may be used to carry out any Federal program, or

5 to provide financial assistance to any State, when it is

6 made known to the Federal official having authority to

7 obligate or expend such funds that—

8 (1) such Federal program or State subject any

9 health care entity to discrimination on the basis

10 that—

11 (A) the entity refuses to undergo training

12 in the performance of induced abortions, to pro13 vide such training, to perform such abortions,

14 or to provide referrals for such abortions;

15 (B) the entity refuses to make arrange16 ments for any of the activities specified in sub17 paragraph (A); or

18 (C) the entity attends (or attended) a post19 graduate physician training program, or any

20 other program of training in the health profes21 sions, that does not (or did not) require or pro22 vide training in the performance of induced

23 abortions, or make arrangements for the provi24 sion of such training; or
376

HR 3019 IH

1 (2) in granting a legal status to a health care

2 entity (including a license or certificate), or in pro3 viding to the entity financial assistance, a service, or

4 another benefit, such Federal program or State re5 quire that the entity be an accredited postgraduate

6 physician training program, or that the entity have

7 completed or be attending such a program, if the ap8 plicable standards for accreditation of the program

9 include the standard that the program must require

10 or provide training in the performance of induced

11 abortions, or make arrangements for the provision of

12 such training.

13 EXTENSION OF PERIOD OF HOME HEALTH AGENCY

14 RECERTIFICATION SURVEYS

15 SEC. 516. Section 1891(c)(2)(A) of the Social Secu16 rity Act (42 U.S.C. 1395bbb(c)(2)(A)) is amended—

17 (1) by striking ‘‘15 months’’ and inserting ‘‘36

18 months’’, and

19 (2) by striking the second sentence and insert20 ing the following: ‘‘The Secretary shall establish a

21 frequency for surveys of home health agencies within

22 this 36-month interval commensurate with the need

23 to assure the delivery of quality home health serv24 ices.’’.
377

HR 3019 IH

1 TITLE VI—ADDITIONAL APPROPRIATIONS

2 SEC. 601. In addition to amounts otherwise provided

3 in this Act, the following amounts are hereby appropriated

4 as specified for the following appropriation accounts:

5 Health Care Financing Administration, ‘‘Program Man6 agement’’, $396,000,000; Office of the Secretary, ‘‘Office

7 of Inspector General’’, $43,000,000; and Social Security

8 Administration, ‘‘Limitation on Administrative Ex9 penses’’, $111,000,000.

10 SEC. 602. Appropriations and funds made available

11 pursuant to section 601 of this Act shall be available until

12 enactment into law of a subsequent appropriation for fis13 cal year 1996 for any project or activity provided for in

14 section 601.

15 This Act may be cited as the ‘‘Departments of Labor,

16 Health and Human Services, and Education, and Related

17 Agencies Appropriations Act, 1996’’.

18 (d) Such amounts as may be necessary for programs,

19 projects or activities provided for in the Departments of

20 Veterans Affairs and Housing and Urban Development,

21 and Independent Agencies Appropriations Act, 1996, at

22 a rate of operations and to the extent and in the manner

23 provided for, the provisions of such Act to be effective as

24 if it had been enacted into law as the regular appropria25 tions Act, as follows:
378

HR 3019 IH

1 AN ACT

2 Making appropriations for the Departments of Veter3 ans Affairs and Housing and Urban Development, and for

4 sundry independent agencies, boards, commissions, cor5 porations, and offices for the fiscal year ending September

6 30, 1996, and for other purposes.

7 TITLE I

8 DEPARTMENT OF VETERANS AFFAIRS

9 VETERANS BENEFITS ADMINISTRATION

10 COMPENSATION AND PENSIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation benefits to or on

13 behalf of veterans as authorized by law (38 U.S.C. 107,

14 chapters 11, 13, 51, 53, 55, and 61); pension benefits to

15 or on behalf of veterans as authorized by law (38 U.S.C.

16 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur17 ial benefits, emergency and other officers’ retirement pay,

18 adjusted-service credits and certificates, payment of pre19 miums due on commercial life insurance policies guaran20 teed under the provisions of Article IV of the Soldiers’

21 and Sailors’ Civil Relief Act of 1940, as amended, and

22 for other benefits as authorized by law (38 U.S.C. 107,

23 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

24 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

25 76 Stat. 1198); $18,331,561,000, to remain available

26 until expended: Provided, That not to exceed $25,180,000
379

HR 3019 IH

1 of the amount appropriated shall be reimbursed to ‘‘Gen2 eral operating expenses’’ and ‘‘Medical care’’ for necessary

3 expenses in implementing those provisions authorized in

4 the Omnibus Budget Reconciliation Act of 1990, and in

5 the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters

6 51, 53, and 55), the funding source for which is specifi7 cally provided as the ‘‘Compensation and pensions’’ appro8 priation: Provided further, That such sums as may be

9 earned on an actual qualifying patient basis, shall be reim10 bursed to ‘‘Medical facilities revolving fund’’ to augment

11 the funding of individual medical facilities for nursing

12 home care provided to pensioners as authorized by the

13 Veterans’ Benefits Act of 1992 (38 U.S.C. chapter 55):

14 Provided further, That $12,000,000 previously transferred

15 from ‘‘Compensation and pensions’’ to ‘‘Medical facilities

16 revolving fund’’ shall be transferred to this heading.

17 READJUSTMENT BENEFITS

18 For the payment of readjustment and rehabilitation

19 benefits to or on behalf of veterans as authorized by law

20 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,

21 55, and 61), $1,345,300,000, to remain available until ex22 pended: Provided, That funds shall be available to pay any

23 court order, court award or any compromise settlement

24 arising from litigation involving the vocational training

25 program authorized by section 18 of Public Law 98–77,

26 as amended.
380

HR 3019 IH

1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as

5 authorized by law (38 U.S.C. chapter 19; 70 Stat. 887;

6 72 Stat. 487), $24,890,000, to remain available until ex7 pended.

8 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct and guaranteed loans, such

11 sums as may be necessary to carry out the purpose of the

12 program, as authorized by 38 U.S.C. chapter 37, as

13 amended: Provided, That such costs, including the cost of

14 modifying such loans, shall be as defined in section 502

15 of the Congressional Budget Act of 1974, as amended.

16 In addition, for administrative expenses to carry out

17 the direct and guaranteed loan programs, $65,226,000,

18 which may be transferred to and merged with the appro19 priation for ‘‘General operating expenses’’.

20 LOAN GUARANTY PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct and guaranteed loans, such

23 sums as may be necessary to carry out the purpose of the

24 program, as authorized by 38 U.S.C. chapter 37, as

25 amended: Provided, That such costs, including the cost of
381

HR 3019 IH

1 modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974, as amended.

3 In addition, for administrative expenses to carry out

4 the direct and guaranteed loan programs, $52,138,000,

5 which may be transferred to and merged with the appro6 priation for ‘‘General operating expenses’’.

7 DIRECT LOAN PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For the cost of direct loans, such sums as may be

10 necessary to carry out the purpose of the program, as au11 thorized by 38 U.S.C. chapter 37, as amended: Provided,

12 That such costs, including the cost of modifying such

13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974, as amended: Provided further,

15 That during 1996, within the resources available, not to

16 exceed $300,000 in gross obligations for direct loans are

17 authorized for specially adapted housing loans (38 U.S.C.

18 chapter 37).

19 In addition, for administrative expenses to carry out

20 the direct loan program, $459,000, which may be trans21 ferred to and merged with the appropriation for ‘‘General

22 operating expenses’’.

23 EDUCATION LOAN FUND PROGRAM ACCOUNT

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of direct loans, $1,000, as authorized

26 by 38 U.S.C. 3698, as amended: Provided, That such
382

HR 3019 IH

1 costs, including the cost of modifying such loans, shall be

2 as defined in section 502 of the Congressional Budget Act

3 of 1974, as amended: Provided further, That these funds

4 are available to subsidize gross obligations for the prin5 cipal amount of direct loans not to exceed $4,000.

6 In addition, for administrative expenses necessary to

7 carry out the direct loan program, $195,000, which may

8 be transferred to and merged with the appropriation for

9 ‘‘General operating expenses’’.

10 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct loans, $54,000, as authorized

13 by 38 U.S.C. chapter 31, as amended: Provided, That such

14 costs, including the cost of modifying such loans, shall be

15 as defined in section 502 of the Congressional Budget Act

16 of 1974, as amended: Provided further, That these funds

17 are available to subsidize gross obligations for the prin18 cipal amount of direct loans not to exceed $1,964,000.

19 In addition, for administrative expenses necessary to

20 carry out the direct loan program, $377,000, which may

21 be transferred to and merged with the appropriation for

22 ‘‘General operating expenses’’.
383

HR 3019 IH

1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For administrative expenses to carry out the direct

5 loan program authorized by 38 U.S.C. chapter 37, sub6 chapter V, as amended, $205,000, which may be trans7 ferred to and merged with the appropriation for ‘‘General

8 operating expenses’’.

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL CARE

11 For necessary expenses for the maintenance and op12 eration of hospitals, nursing homes, and domiciliary facili13 ties; for furnishing, as authorized by law, inpatient and

14 outpatient care and treatment to beneficiaries of the De15 partment of Veterans Affairs, including care and treat16 ment in facilities not under the jurisdiction of the Depart17 ment of Veterans Affairs, and furnishing recreational fa18 cilities, supplies, and equipment; funeral, burial, and other

19 expenses incidental thereto for beneficiaries receiving care

20 in Department of Veterans Affairs facilities; administra21 tive expenses in support of planning, design, project man22 agement, real property acquisition and disposition, con23 struction and renovation of any facility under the jurisdic24 tion or for the use of the Department of Veterans Affairs;

25 oversight, engineering and architectural activities not

26 charged to project cost; repairing, altering, improving or
384

HR 3019 IH

1 providing facilities in the several hospitals and homes

2 under the jurisdiction of the Department of Veterans Af3 fairs, not otherwise provided for, either by contract or by

4 the hire of temporary employees and purchase of mate5 rials; uniforms or allowances therefor, as authorized by

6 law (5 U.S.C. 5901–5902); aid to State homes as author7 ized by law (38 U.S.C. 1741); and not to exceed

8 $8,000,000 to fund cost comparison studies as referred

9 to in 38 U.S.C. 8110(a)(5); $16,564,000,000, plus reim10 bursements: Provided, That of the funds made available

11 under this heading, $789,000,000 is for the equipment

12 and land and structures object classifications only, which

13 amount shall not become available for obligation until Au14 gust 1, 1996, and shall remain available for obligation

15 until September 30, 1997.

16 MEDICAL AND PROSTHETIC RESEARCH

17 For necessary expenses in carrying out programs of

18 medical and prosthetic research and development as au19 thorized by law (38 U.S.C. chapter 73), to remain avail20 able until September 30, 1997, $257,000,000, plus reim21 bursements.

22 MEDICAL ADMINISTRATION AND MISCELLANEOUS

23 OPERATING EXPENSES

24 For necessary expenses in the administration of the

25 medical, hospital, nursing home, domiciliary, construction,

26 supply, and research activities, as authorized by law; ad-
385

HR 3019 IH

1 ministrative expenses in support of planning, design,

2 project management, architectural, engineering, real prop3 erty acquisition and disposition, construction and renova4 tion of any facility under the jurisdiction or for the use

5 of the Department of Veterans Affairs, including site ac6 quisition; engineering and architectural activities not

7 charged to project cost; and research and development in

8 building construction technology; $63,602,000, plus reim9 bursements.

10 TRANSITIONAL HOUSING LOAN PROGRAM

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct loans, $7,000, as authorized

13 by Public Law 102–54, section 8, which shall be trans14 ferred from the ‘‘General post fund’’: Provided, That such

15 costs, including the cost of modifying such loans, shall be

16 as defined in section 502 of the Congressional Budget Act

17 of 1974, as amended: Provided further, That these funds

18 are available to subsidize gross obligations for the prin19 cipal amount of direct loans not to exceed $70,000. In ad20 dition, for administrative expenses to carry out the direct

21 loan program, $54,000, which shall be transferred from

22 the ‘‘General post fund’’, as authorized by Public Law

23 102–54, section 8.
386

HR 3019 IH

1 DEPARTMENTAL ADMINISTRATION

2 GENERAL OPERATING EXPENSES

3 For necessary operating expenses of the Department

4 of Veterans Affairs, not otherwise provided for, including

5 uniforms or allowances therefor, as authorized by law; not

6 to exceed $25,000 for official reception and representation

7 expenses; hire of passenger motor vehicles; and reimburse8 ment of the General Services Administration for security

9 guard services, and the Department of Defense for the

10 cost of overseas employee mail; $848,143,000: Provided,

11 That of the amount appropriated and any other funds

12 made available from any other source for activities funded

13 under this heading, except reimbursements, not to exceed

14 $214,109,000 shall be available for General Administra15 tion; including not to exceed (1) $2,766,000 for personnel

16 compensation and benefits and $50,000 for travel in the

17 Office of the Secretary, (2) $4,397,000 for personnel com18 pensation and benefits and $75,000 for travel in the Office

19 of the Assistant Secretary for Policy and Planning, (3)

20 $1,980,000 for personnel compensation and benefits and

21 $33,000 for travel in the Office of the Assistant Secretary

22 for Congressional Affairs, and (4) $3,740,000 for person23 nel compensation and benefits and $100,000 for travel in

24 the Office of Assistant Secretary for Public and Intergov25 ernmental Affairs: Provided further, That during fiscal
387

HR 3019 IH

1 year 1996, notwithstanding any other provision of law, the

2 number of individuals employed by the Department of Vet3 erans Affairs (1) in other than ‘‘career appointee’’ posi4 tions in the Senior Executive Service shall not exceed 6,

5 and (2) in schedule C positions shall not exceed 11: Pro6 vided further, That not to exceed $6,000,000 of the

7 amount appropriated shall be available for administrative

8 expenses to carry out the direct and guaranteed loan pro9 grams under the Loan Guaranty Program Account: Pro10 vided further, That funds under this heading shall be avail11 able to administer the Service Members Occupational Con12 version and Training Act: Provided further, That none of

13 the funds under this heading may be obligated or ex14 pended for the acquisition of automated data processing

15 equipment and services for Department of Veterans Af16 fairs regional offices to support Stage III of the automated

17 data equipment modernization program of the Veterans

18 Benefits Administration.

19 NATIONAL CEMETERY SYSTEM

20 For necessary expenses for the maintenance and op21 eration of the National Cemetery System not otherwise

22 provided for, including uniforms or allowances therefor, as

23 authorized by law; cemeterial expenses as authorized by

24 law; purchase of three passenger motor vehicles, for use

25 in cemeterial operations; and hire of passenger motor vehi26 cles, $72,604,000.
388

HR 3019 IH

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $30,900,000.

5 CONSTRUCTION, MAJOR PROJECTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For constructing, altering, extending and improving

8 any of the facilities under the jurisdiction or for the use

9 of the Department of Veterans Affairs, or for any of the

10 purposes set forth in sections 316, 2404, 2406, 8102,

11 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,

12 United States Code, including planning, architectural and

13 engineering services, maintenance or guarantee period

14 services costs associated with equipment guarantees pro15 vided under the project, services of claims analysts, offsite

16 utility and storm drainage system construction costs, and

17 site acquisition, where the estimated cost of a project is

18 $3,000,000 or more or where funds for a project were

19 made available in a previous major project appropriation,

20 $136,155,000, to remain available until expended: Pro21 vided, That except for advance planning of projects funded

22 through the advance planning fund and the design of

23 projects funded through the design fund, none of these

24 funds shall be used for any project which has not been

25 considered and approved by the Congress in the budgetary

26 process: Provided further, That funds provided in this ap-
389

HR 3019 IH

1 propriation for fiscal year 1996, for each approved project

2 shall be obligated (1) by the awarding of a construction

3 documents contract by September 30, 1996, and (2) by

4 the awarding of a construction contract by September 30,

5 1997: Provided further, That the Secretary shall promptly

6 report in writing to the Comptroller General and to the

7 Committees on Appropriations any approved major con8 struction project in which obligations are not incurred

9 within the time limitations established above; and the

10 Comptroller General shall review the report in accordance

11 with the procedures established by section 1015 of the Im12 poundment Control Act of 1974 (title X of Public Law

13 93–344): Provided further, That no funds from any other

14 account except the ‘‘Parking revolving fund’’, may be obli15 gated for constructing, altering, extending, or improving

16 a project which was approved in the budget process and

17 funded in this account until one year after substantial

18 completion and beneficial occupancy by the Department

19 of Veterans Affairs of the project or any part thereof with

20 respect to that part only: Provided further, That of the

21 funds made available under this heading in Public Law

22 103–327, $7,000,000 shall be transferred to the ‘‘Parking

23 revolving fund’’.

24 CONSTRUCTION, MINOR PROJECTS

25 For constructing, altering, extending, and improving

26 any of the facilities under the jurisdiction or for the use
390

HR 3019 IH

1 of the Department of Veterans Affairs, including plan2 ning, architectural and engineering services, maintenance

3 or guarantee period services costs associated with equip4 ment guarantees provided under the project, services of

5 claims analysts, offsite utility and storm drainage system

6 construction costs, and site acquisition, or for any of the

7 purposes set forth in sections 316, 2404, 2406, 8102,

8 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,

9 United States Code, where the estimated cost of a project

10 is less than $3,000,000, $190,000,000, to remain avail11 able until expended, along with unobligated balances of

12 previous ‘‘Construction, minor projects’’ appropriations

13 which are hereby made available for any project where the

14 estimated cost is less than $3,000,000: Provided, That

15 funds in this account shall be available for (1) repairs to

16 any of the nonmedical facilities under the jurisdiction or

17 for the use of the Department of Veterans Affairs which

18 are necessary because of loss or damage caused by any

19 natural disaster or catastrophe, and (2) temporary meas20 ures necessary to prevent or to minimize further loss by

21 such causes.

22 PARKING REVOLVING FUND

23 For the parking revolving fund as authorized by law

24 (38 U.S.C. 8109), income from fees collected, to remain

25 available until expended. Resources of this fund shall be

26 available for all expenses authorized by 38 U.S.C. 8109
391

HR 3019 IH

1 except operations and maintenance costs which will be

2 funded from ‘‘Medical care’’.

3 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

4 FACILITIES

5 For grants to assist the several States to acquire or

6 construct State nursing home and domiciliary facilities

7 and to remodel, modify or alter existing hospital, nursing

8 home and domiciliary facilities in State homes, for furnish9 ing care to veterans as authorized by law (38 U.S.C.

10 8131–8137), $47,397,000, to remain available until ex11 pended.

12 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

13 CEMETERIES

14 For grants to aid States in establishing, expanding,

15 or improving State veteran cemeteries as authorized by

16 law (38 U.S.C. 2408), $1,000,000, to remain available

17 until September 30, 1998.

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 101. Any appropriation for 1996 for ‘‘Com21 pensation and pensions’’, ‘‘Readjustment benefits’’, and

22 ‘‘Veterans insurance and indemnities’’ may be transferred

23 to any other of the mentioned appropriations.

24 SEC. 102. Appropriations available to the Depart25 ment of Veterans Affairs for 1996 for salaries and ex-
392

HR 3019 IH

1 penses shall be available for services as authorized by 5

2 U.S.C. 3109.

3 SEC. 103. No part of the appropriations in this Act

4 for the Department of Veterans Affairs (except the appro5 priations for ‘‘Construction, major projects’’, ‘‘Construc6 tion, minor projects’’, and the ‘‘Parking revolving fund’’)

7 shall be available for the purchase of any site for or toward

8 the construction of any new hospital or home.

9 SEC. 104. No part of the foregoing appropriations

10 shall be available for hospitalization or examination of any

11 persons except beneficiaries entitled under the laws be12 stowing such benefits to veterans, unless reimbursement

13 of cost is made to the appropriation at such rates as may

14 be fixed by the Secretary of Veterans Affairs.

15 SEC. 105. Appropriations available to the Depart16 ment of Veterans Affairs for fiscal year 1996 for ‘‘Com17 pensation and pensions’’, ‘‘Readjustment benefits’’, and

18 ‘‘Veterans insurance and indemnities’’ shall be available

19 for payment of prior year accrued obligations required to

20 be recorded by law against the corresponding prior year

21 accounts within the last quarter of fiscal year 1995.

22 SEC. 106. Appropriations accounts available to the

23 Department of Veterans Affairs for fiscal year 1996 shall

24 be available to pay prior year obligations of corresponding

25 prior year appropriations accounts resulting from title X
393

HR 3019 IH

1 of the Competitive Equality Banking Act, Public Law

2 100–86, except that if such obligations are from trust

3 fund accounts they shall be payable from ‘‘Compensation

4 and pensions’’.

5 SEC. 107. Notwithstanding any other provision of

6 law, the Secretary of Veterans Affairs is authorized to

7 transfer, without compensation or reimbursement, the ju8 risdiction and control of a parcel of land consisting of ap9 proximately 6.3 acres, located on the south edge of the

10 Department of Veterans Affairs Medical and Regional Of11 fice Center, Wichita, Kansas, including buildings Nos. 8

12 and 30 and other improvements thereon, to the Secretary

13 of Transportation for the purpose of expanding and mod14 ernizing United States Highway 54: Provided, That if nec15 essary, the exact acreage and legal description of the real

16 property transferred shall be determined by a survey satis17 factory to the Secretary of Veterans Affairs and the Sec18 retary of Transportation shall bear the cost of such sur19 vey: Provided further, That the Secretary of Transpor20 tation shall be responsible for all costs associated with the

21 transferred land and improvements thereon, and compli22 ance with all existing statutes and regulations: Provided

23 further, That the Secretary of Veterans Affairs and the

24 Secretary of Transportation may require such additional
394

HR 3019 IH

1 terms and conditions as each Secretary considers appro2 priate to effectuate this transfer of land.

3 TITLE II

4 DEPARTMENT OF HOUSING AND URBAN

5 DEVELOPMENT

6 HOUSING PROGRAMS

7 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

8 For assistance under the United States Housing Act

9 of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C. 1437),

10 not otherwise provided for, $10,155,795,000, to remain

11 available until expended: Provided, That of the total

12 amount provided under this head, $160,000,000 shall be

13 for the development or acquisition cost of public housing

14 for Indian families, including amounts for housing under

15 the mutual help homeownership opportunity program

16 under section 202 of the Act (42 U.S.C. 1437bb): Pro17 vided further, That of the total amount provided under

18 this head, $2,500,000,000 shall be for modernization of

19 existing public housing projects pursuant to section 14 of

20 the Act (42 U.S.C. 1437l), including up to $20,000,000

21 for the inspection of public housing units, contract exper22 tise, and training and technical assistance, directly or indi23 rectly, under grants, contracts, or cooperative agreements,

24 to assist in the oversight and management of public and

25 Indian housing (whether or not the housing is being mod-
395

HR 3019 IH

1 ernized with assistance under this proviso) or tenant-based

2 assistance, including, but not limited to, an annual resi3 dent survey, data collection and analysis, training and

4 technical assistance by or to officials and employees of the

5 Department and of public housing agencies and to resi6 dents in connection with the public and Indian housing

7 program: Provided further, That of the total amount pro8 vided under this head, $400,000,000 shall be for rental

9 subsidy contracts under the section 8 existing housing cer10 tificate program and the housing voucher program under

11 section 8 of the Act, except that such amounts shall be

12 used only for units necessary to provide housing assistance

13 for residents to be relocated from existing federally sub14 sidized or assisted housing, for replacement housing for

15 units demolished or disposed of (including units to be dis16 posed of pursuant to a homeownership program under sec17 tion 5(h) or title III of the United States Housing Act

18 of 1937) from the public housing inventory, for funds re19 lated to litigation settlements, for the conversion of section

20 23 projects to assistance under section 8, for public hous21 ing agencies to implement allocation plans approved by the

22 Secretary for designated housing, for funds to carry out

23 the family unification program, and for the relocation of

24 witnesses in connection with efforts to combat crime in

25 public and assisted housing pursuant to a request from
396

HR 3019 IH

1 a law enforcement or prosecution agency: Provided further,

2 That of the total amount provided under this head,

3 $4,350,862,000 shall be for assistance under the United

4 States Housing Act of 1937 (42 U.S.C. 1437) for use in

5 connection with expiring or terminating section 8 subsidy

6 contracts, such amounts shall be merged with all remain7 ing obligated and unobligated balances heretofore appro8 priated under the heading ‘‘Renewal of expiring section

9 8 subsidy contracts’’: Provided further, That notwithstand10 ing any other provision of law, assistance reserved under

11 the two preceding provisos may be used in connection with

12 any provision of Federal law enacted in this Act or after

13 the enactment of this Act that authorizes the use of rental

14 assistance amounts in connection with such terminated or

15 expired contracts: Provided further, That the Secretary

16 may determine not to apply section 8(o)(6)(B) of the Act

17 to housing vouchers during fiscal year 1996: Provided fur18 ther, That of the total amount provided under this head,

19 $610,575,000 shall be for amendments to section 8 con20 tracts other than contracts for projects developed under

21 section 202 of the Housing Act of 1959, as amended; and

22 $261,000,000 shall be for section 8 assistance and reha23 bilitation grants for property disposition: Provided further,

24 That 50 per centum of the amounts of budget authority,

25 or in lieu thereof 50 per centum of the cash amounts asso-
397

HR 3019 IH

1 ciated with such budget authority, that are recaptured

2 from projects described in section 1012(a) of the Stewart

3 B. McKinney Homeless Assistance Amendments Act of

4 1988 (Public Law 100–628, 102 Stat. 3224, 3268) shall

5 be rescinded, or in the case of cash, shall be remitted to

6 the Treasury, and such amounts of budget authority or

7 cash recaptured and not rescinded or remitted to the

8 Treasury shall be used by State housing finance agencies

9 or local governments or local housing agencies with

10 projects approved by the Secretary of Housing and Urban

11 Development for which settlement occurred after January

12 1, 1992, in accordance with such section: Provided further,

13 That of the total amount provided under this head,

14 $171,000,000 shall be for housing opportunities for per15 sons with AIDS under title VIII, subtitle D of the Cran16 ston-Gonzalez National Affordable Housing Act; and

17 $65,000,000 shall be for the lead-based paint hazard re18 duction program as authorized under sections 1011 and

19 1053 of the Residential Lead-Based Hazard Reduction

20 Act of 1992: Provided further, That the Secretary may

21 make up to $5,000,000 of any amount recaptured in this

22 account available for the development of performance and

23 financial systems.

24 Of the total amount provided under this head,

25 $624,000,000, plus amounts recaptured from interest re-
398

HR 3019 IH

1 duction payment contracts for section 236 projects whose

2 owners prepay their mortgages during fiscal year 1996

3 (which amounts shall be transferred and merged with this

4 account), shall be for use in conjunction with properties

5 that are eligible for assistance under the Low Income

6 Housing Preservation and Resident Homeownership Act

7 of 1990 (LIHPRHA) or the Emergency Low-Income

8 Housing Preservation Act of 1987 (ELIHPA): Provided,

9 That prior to July 1, 1996, funding to carry out plans

10 of action shall be limited to sales of projects to non-profit

11 organizations, tenant-sponsored organizations, and other

12 priority purchasers: Provided further, That of the amount

13 made available by this paragraph, up to $10,000,000 shall

14 be available for preservation technical assistance grants

15 pursuant to section 253 of the Housing and Community

16 Development Act of 1987, as amended: Provided further,

17 That with respect to amounts made available by this para18 graph, after July 1, 1996, if the Secretary determines that

19 the demand for funding may exceed amounts available for

20 such funding, the Secretary (1) may determine priorities

21 for distributing available funds, including giving priority

22 funding to tenants displaced due to mortgage prepayment

23 and to projects that have not yet been funded but which

24 have approved plans of action; and (2) may impose a tem25 porary moratorium on applications by potential recipients
399

HR 3019 IH

1 of such funding: Provided further, That an owner of eligi2 ble low-income housing may prepay the mortgage or re3 quest voluntary terminaton of a mortgage insurance con4 tract, so long as said owner agrees not to raise rents for

5 sixty days after such prepayment: Provided further, That

6 an owner of eligible low-income housing who has not time7 ly filed a second notice under section 216(d) prior to the

8 effective date of this Act may file such notice by March

9 1, 1996: Provided further, That such developments have

10 been determined to have preservation equity at least equal

11 to the lesser of $5,000 per unit or $500,000 per project

12 or the equivalent of eight times the most recently pub13 lished fair market rent for the area in which the project

14 is located as the appropriate unit size for all of the units

15 in the eligible project: Provided further, That the Secretary

16 may modify the regulatory agreement to permit owners

17 and priority purchasers to retain rental income in excess

18 of the basic rental charge in projects assisted under sec19 tion 236 of the National Housing Act, for the purpose of

20 preserving the low and moderate income character of the

21 housing: Provided further, That the Secretary may give

22 priority to funding and processing the following projects

23 provided that the funding is obligated not later than Au24 gust 1, 1996: (1) projects with approved plans of action

25 to retain the housing that file a modified plan of action
400

HR 3019 IH

1 no later than July 1, 1996 to transfer the housing; (2)

2 projects with approved plans of action that are subject to

3 a repayment or settlement agreement that was executed

4 between the owner and the Secretary prior to September

5 1, 1995; (3) projects for which submissions were delayed

6 as a result of their location in areas that were designated

7 as a Federal disaster area in a Presidential Disaster Dec8 laration; and (4) projects whose processing was, in fact

9 or in practical effect, suspended, deferred, or interrupted

10 for a period of twelve months or more because of differing

11 interpretations, by the Secretary and an owner or by the

12 Secretary and a State or local rent regulatory agency, con13 cerning the timing of filing eligibility or the effect of a

14 presumptively applicable State or local rent control law or

15 regulation on the determination of preservation value

16 under section 213 of LIHPRHA, as amended, if the owner

17 of such project filed notice of intent to extend the low18 income affordability restrictions of the housing, or trans19 fer to a qualified purchaser who would extend such restric20 tions, on or before November 1, 1993: Provided further,

21 That eligible low-income housing shall include properties

22 meeting the requirements of this paragraph with mort23 gages that are held by a State agency as a result of a

24 sale by the Secretary without insurance, which imme25 diately before the sale would have been eligible low-income
401

HR 3019 IH

1 housing under LIHPRHA: Provided further, That not2 withstanding any other provision of law, subject to the

3 availability of appropriated funds, each unassisted low-in4 come family residing in the housing on the date of prepay5 ment or voluntary termination, and whose rent, as a result

6 of a rent increase occurring no later than one year after

7 the date of the prepayment, exceeds 30 percent of adjusted

8 income, shall be offered tenant-based assistance in accord9 ance with section 8 or any successor program, under which

10 the family shall pay no less for rent than it paid on such

11 date: Provided further, That any family receiving tenant12 based assistance under the preceding proviso may elect (1)

13 to remain in the unit of the housing and if the rent exceeds

14 the fair market rent or payment standard, as applicable,

15 the rent shall be deemed to be the applicable standard,

16 so long as the administering public housing agency finds

17 that the rent is reasonable in comparison with rents

18 charged for comparable unassisted housing units in the

19 market or (2) to move from the housing and the rent will

20 be subject to the fair market rent of the payment stand21 ard, as applicable, under existing program rules and pro22 cedures: Provided further, That up to $10,000,000 of the

23 amount made available by this paragraph may be used at

24 the discretion of the Secretary to reimburse owners of eli25 gible properties for which plans of action were submitted
402

HR 3019 IH

1 prior to the effective date of this Act, but were not exe2 cuted for lack of available funds, with such reimbursement

3 available only for documented costs directly applicable to

4 the preparation of the plan of action as determined by the

5 Secretary, and shall be made available on terms and condi6 tions to be established by the Secretary: Provided further,

7 That, notwithstanding any other provision of law, effective

8 October 1, 1996, the Secretary shall suspend further proc9 essing of preservation applications which do not have ap10 proved plans of action.

11 Of the total amount provided under this head,

12 $780,190,000 shall be for capital advances, including

13 amendments to capital advance contracts, for housing for

14 the elderly, as authorized by section 202 of the Housing

15 Act of 1959, as amended, and for project rental assist16 ance, and amendments to contracts for project rental as17 sistance, for supportive housing for the elderly under sec18 tion 202(c)(2) of the Housing Act of 1959; and

19 $233,168,000 shall be for capital advances, including

20 amendments to capital advance contracts, for supportive

21 housing for persons with disabilities, as authorized by sec22 tion 811 of the Cranston-Gonzalez National Affordable

23 Housing Act; and for project rental assistance, and

24 amendments to contracts for project rental assistance, for

25 supportive housing for persons with disabilities as author-
403

HR 3019 IH

1 ized by section 811 of the Cranston-Gonzalez National Af2 fordable Housing Act: Provided, That the Secretary may

3 designate up to 25 percent of the amounts earmarked

4 under this paragraph for section 811 of the Cranston-Gon5 zalez National Affordable Housing Act for tenant-based

6 assistance, as authorized under that section, which assist7 ance is five-years in duration: Provided further, That the

8 Secretary may waive any provision of section 202 of the

9 Housing Act of 1959 and section 811 of the National Af10 fordable Housing Act (including the provisions governing

11 the terms and conditions of project rental assistance) that

12 the Secretary determines is not necessary to achieve the

13 objectives of these programs, or that otherwise impedes

14 the ability to develop, operate or administer projects as15 sisted under these programs, and may make provision for

16 alternative conditions or terms where appropriate.

17 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION,

18 AND REPLACEMENT HOUSING GRANTS

19 For grants to public housing agencies for the pur20 poses of enabling the demolition of obsolete public housing

21 projects or portions thereof, the revitalization (where ap22 propriate) of sites (including remaining public housing

23 units) on which such projects are located, replacement

24 housing which will avoid or lessen concentrations of very

25 low-income families, and tenant-based assistance in ac26 cordance with section 8 of the United States Housing Act
404

HR 3019 IH

1 of 1937 for the purpose of providing replacement housing

2 and assisting tenants to be displaced by the demolition,

3 $280,000,000, to remain available until expended: Pro4 vided, That the Secretary of Housing and Urban Develop5 ment shall award such funds to public housing agencies

6 by a competition which includes among other relevant cri7 teria the local and national impact of the proposed demoli8 tion and revitalization activities and the extent to which

9 the public housing agency could undertake such activities

10 without the additional assistance to be provided here11 under: Provided further, That eligible expenditures here12 under shall be those expenditures eligible under section 8

13 and section 14 of the United States Housing Act of 1937

14 (42 U.S.C. 1437f and l): Provided further, That the Sec15 retary may impose such conditions and requirements as

16 the Secretary deems appropriate to effectuate the pur17 poses of this paragraph: Provided further, That the Sec18 retary may require an agency selected to receive funding

19 to make arrangements satisfactory to the Secretary for

20 use of an entity other than the agency to carry out this

21 program where the Secretary determines that such action

22 will help to effectuate the purpose of this paragraph: Pro23 vided further, That in the event an agency selected to re24 ceive funding does not proceed expeditiously as determined

25 by the Secretary, the Secretary shall withdraw any fund-
405

HR 3019 IH

1 ing made available pursuant to this paragraph that has

2 not been obligated by the agency and distribute such funds

3 to one or more other eligible agencies, or to other entities

4 capable of proceeding expeditiously in the same locality

5 with the original program: Provided further, That of the

6 foregoing $280,000,000, the Secretary may use up to .67

7 per centum for technical assistance, to be provided directly

8 or indirectly by grants, contracts or cooperative agree9 ments, including training and cost of necessary travel for

10 participants in such training, by or to officials and employ11 ees of the Department and of public housing agencies and

12 to residents: Provided further, That any replacement hous13 ing provided with assistance under this head shall be sub14 ject to section 18(f) of the United States Housing Act of

15 1937, as amended by section 201(b)(2) of this Act.

16 FLEXIBLE SUBSIDY FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 From the fund established by section 236(g) of the

19 National Housing Act, as amended, all uncommitted bal20 ances of excess rental charges as of September 30, 1995,

21 and any collections during fiscal year 1996 shall be trans22 ferred, as authorized under such section, to the fund au23 thorized under section 201(j) of the Housing and Commu24 nity Development Amendments of 1978, as amended.
406

HR 3019 IH

1 RENTAL HOUSING ASSISTANCE

2 (RESCISSION)

3 The limitation otherwise applicable to the maximum

4 payments that may be required in any fiscal year by all

5 contracts entered into under section 236 of the National

6 Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year

7 1996 by not more than $2,000,000 in uncommitted bal8 ances of authorizations provided for this purpose in appro9 priations Acts: Provided, That up to $163,000,000 of re10 captured section 236 budget authority resulting from the

11 prepayment of mortgages subsidized under section 236 of

12 the National Housing Act (12 U.S.C. 1715z–1) shall be

13 rescinded in fiscal year 1996.

14 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

15 PROJECTS

16 For payments to public housing agencies and Indian

17 housing authorities for operating subsidies for low-income

18 housing projects as authorized by section 9 of the United

19 States Housing Act of 1937, as amended (42 U.S.C.

20 1437g), $2,800,000,000.

21 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

22 For grants to public and Indian housing agencies for

23 use in eliminating crime in public housing projects author24 ized by 42 U.S.C. 11901–11908, for grants for federally

25 assisted low-income housing authorized by 42 U.S.C.

26 11909, and for drug information clearinghouse services
407

HR 3019 IH

1 authorized by 42 U.S.C. 11921–11925, $290,000,000, to

2 remain available until expended, of which $10,000,000

3 shall be for grants, technical assistance, contracts and

4 other assistance training, program assessment, and execu5 tion for or on behalf of public housing agencies and resi6 dent organizations (including the cost of necessary travel

7 for participants in such training) and of which $2,500,000

8 shall be used in connection with efforts to combat violent

9 crime in public and assisted housing under the Operation

10 Safe Home program administered by the Inspector Gen11 eral of the Department of Housing and Urban Develop12 ment: Provided, That the term ‘‘drug-related crime’’, as

13 defined in 42 U.S.C. 11905(2), shall also include other

14 types of crime as determined by the Secretary.

15 HOME INVESTMENT PARTNERSHIPS PROGRAM

16 For the HOME investment partnerships program, as

17 authorized under title II of the Cranston-Gonzalez Na18 tional Affordable Housing Act (Public Law 101–625), as

19 amended, $1,400,000,000, to remain available until ex20 pended.

21 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

22 ACCOUNT

23 For the cost of guaranteed loans, $3,000,000, as au24 thorized by section 184 of the Housing and Community

25 Development Act of 1992 (106 Stat. 3739): Provided,

26 That such costs, including the costs of modifying such
408

HR 3019 IH

1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974, as amended: Provided further,

3 That these funds are available to subsidize total loan prin4 cipal, any part of which is to be guaranteed, not to exceed

5 $36,900,000.

6 HOMELESS ASSISTANCE

7 HOMELESS ASSISTANCE GRANTS

8 For the emergency shelter grants program (as au9 thorized under subtitle B of title IV of the Stewart B.

10 McKinney Homeless Assistance Act (Public Law 100–77),

11 as amended); the supportive housing program (as author12 ized under subtitle C of title IV of such Act); the section

13 8 moderate rehabilitation single room occupancy program

14 (as authorized under the United States Housing Act of

15 1937, as amended) to assist homeless individuals pursuant

16 to section 441 of the Stewart B. McKinney Homeless As17 sistance Act; and the shelter plus care program (as au18 thorized under subtitle F of title IV of such Act),

19 $823,000,000, to remain available until expended.

20 COMMUNITY PLANNING AND DEVELOPMENT

21 COMMUNITY DEVELOPMENT GRANTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For grants to States and units of general local gov24 ernment and for related expenses, not otherwise provided

25 for, necessary for carrying out a community development

26 grants program as authorized by title I of the Housing
409

HR 3019 IH

1 and Community Development Act of 1974, as amended

2 (42 U.S.C. 5301), $4,600,000,000, to remain available

3 until September 30, 1998: Provided, That $50,000,000

4 shall be available for grants to Indian tribes pursuant to

5 section 106(a)(1) of the Housing and Community Devel6 opment Act of 1974, as amended (42 U.S.C. 5301),

7 $2,000,000 shall be available as a grant to the Housing

8 Assistance Council, $1,000,000 shall be available as a

9 grant to the National American Indian Housing Council,

10 and $27,000,000 shall be available for ‘‘special purpose

11 grants’’ pursuant to section 107 of such Act: Provided fur12 ther, That not to exceed 20 per centum of any grant made

13 with funds appropriated herein (other than a grant made

14 available under the preceding proviso to the Housing As15 sistance Council or the National American Indian Housing

16 Council, or a grant using funds under section 107(b)(3)

17 of the Housing and Community Development Act of 1974)

18 shall be expended for ‘‘Planning and Management Devel19 opment’’ and ‘‘Administration’’ as defined in regulations

20 promulgated by the Department of Housing and Urban

21 Development: Provided further, That section 105(a)(25) of

22 such Act, as added by section 907(b)(1) of the Cranston23 Gonzalez National Affordable Housing Act, shall continue

24 to be effective after September 30, 1995, notwithstanding

25 section 907(b)(2) of such Act: Provided further, That sec-
410

HR 3019 IH

1 tion 916 of the Cranston-Gonzalez National Affordable

2 Housing Act shall apply with respect to fiscal year 1996,

3 notwithstanding section 916(f) of that Act.

4 Of the amount provided under this heading, the Sec5 retary of Housing and Urban Development may use up

6 to $53,000,000 for grants to public housing agencies (in7 cluding Indian housing authorities), nonprofit corpora8 tions, and other appropriate entities for a supportive serv9 ices program to assist residents of public and assisted

10 housing, former residents of such housing receiving ten11 ant-based assistance under section 8 of such Act (42

12 U.S.C. 1437f), and other low-income families and individ13 uals to become self-sufficient: Provided, That the program

14 shall provide supportive services, principally for the benefit

15 of public housing residents, to the elderly and the disabled,

16 and to families with children where the head of the house17 hold would benefit from the receipt of supportive services

18 and is working, seeking work, or is preparing for work

19 by participating in job training or educational programs:

20 Provided further, That the supportive services shall include

21 congregate services for the elderly and disabled, service co22 ordinators, and coordinated educational, training, and

23 other supportive services, including academic skills train24 ing, job search assistance, assistance related to retaining

25 employment, vocational and entrepreneurship development
411

HR 3019 IH

1 and support programs, transportation, and child care:

2 Provided further, That the Secretary shall require appli3 cants to demonstrate firm commitments of funding or

4 services from other sources: Provided further, That the

5 Secretary shall select public and Indian housing agencies

6 to receive assistance under this head on a competitive

7 basis, taking into account the quality of the proposed pro8 gram (including any innovative approaches), the extent of

9 the proposed coordination of supportive services, the ex10 tent of commitments of funding or services from other

11 sources, the extent to which the proposed program in12 cludes reasonably achievable, quantifiable goals for meas13 uring performance under the program over a three-year

14 period, the extent of success an agency has had in carrying

15 out other comparable initiatives, and other appropriate

16 criteria established by the Secretary.

17 Of the amount made available under this heading,

18 notwithstanding any other provision of law, $12,000,000

19 shall be available for contracts, grants, and other assist20 ance, other than loans, not otherwise provided for, for pro21 viding counseling and advice to tenants and homeowners

22 both current and prospective, with respect to property

23 maintenance, financial management, and such other mat24 ters as may be appropriate to assist them in improving

25 their housing conditions and meeting the responsibilities
412

HR 3019 IH

1 of tenancy or homeownership, including provisions for

2 training and for support of voluntary agencies and services

3 as authorized by section 106 of the Housing and Urban

4 Development Act of 1968, as amended, notwithstanding

5 section 106(c)(9) and section 106(d)(13) of such Act.

6 Of the amount made available under this heading,

7 notwithstanding any other provision of law, $15,000,000

8 shall be available for the tenant opportunity program.

9 Of the amount made available under this heading,

10 notwithstanding any other provision of law, $20,000,000

11 shall be available for youthbuild program activities author12 ized by subtitle D of title IV of the Cranston-Gonzalez

13 National Affordable Housing Act, as amended, and such

14 activities shall be an eligible activity with respect to any

15 funds made available under this heading.

16 For the cost of guaranteed loans, $31,750,000, as au17 thorized by section 108 of the Housing and Community

18 Development Act of 1974: Provided, That such costs, in19 cluding the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of

21 1974, as amended: Provided further, That these funds are

22 available to subsidize total loan principal, any part of

23 which is to be guaranteed, not to exceed $1,500,000,000:

24 Provided further, That the Secretary of Housing and

25 Urban Development may make guarantees not to exceed
413

HR 3019 IH

1 the immediately foregoing amount notwithstanding the ag2 gregate limitation on guarantees set forth in section

3 108(k) of the Housing and Community Development Act

4 of 1974. In addition, for administrative expenses to carry

5 out the guaranteed loan program, $675,000 which shall

6 be transferred to and merged with the appropriation for

7 departmental salaries and expenses.

8 The amount made available for fiscal year 1995 for

9 a special purpose grant for the renovation of the central

10 terminal in Buffalo, New York, shall be made available

11 for the central terminal and for other public facilities in

12 Buffalo, New York.

13 POLICY DEVELOPMENT AND RESEARCH

14 RESEARCH AND TECHNOLOGY

15 For contracts, grants, and necessary expenses of pro16 grams of research and studies relating to housing and

17 urban problems, not otherwise provided for, as authorized

18 by title V of the Housing and Urban Development Act

19 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ20 ing carrying out the functions of the Secretary under sec21 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

22 $34,000,000, to remain available until September 30,

23 1997.
414

HR 3019 IH

1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 FAIR HOUSING ACTIVITIES

3 For contracts, grants, and other assistance, not oth4 erwise provided for, as authorized by title VIII of the Civil

5 Rights Act of 1968, as amended by the Fair Housing

6 Amendments Act of 1988, and for contracts with qualified

7 fair housing enforcement organizations, as authorized by

8 section 561 of the Housing and Community Development

9 Act of 1987, as amended by the Housing and Community

10 Development Act of 1992, $30,000,000, to remain avail11 able until September 30, 1997.

12 MANAGEMENT AND ADMINISTRATION

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary administrative and nonadministrative

16 expenses of the Department of Housing and Urban Devel17 opment, not otherwise provided for, including not to ex18 ceed $7,000 for official reception and representation ex19 penses, $962,558,000, of which $532,782,000 shall be

20 provided from the various funds of the Federal Housing

21 Administration, and $9,101,000 shall be provided from

22 funds of the Government National Mortgage Association,

23 and $675,000 shall be provided from the Community De24 velopment Grants Program account.
415

HR 3019 IH

1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Office of Inspector

4 General in carrying out the provisions of the Inspector

5 General Act of 1978, as amended, $47,850,000, of which

6 $11,283,000 shall be transferred from the various funds

7 of the Federal Housing Administration.

8 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For carrying out the Federal Housing Enterprise Fi12 nancial Safety and Soundness Act of 1992, $14,895,000,

13 to remain available until expended, from the Federal

14 Housing Enterprise Oversight Fund: Provided, That such

15 amounts shall be collected by the Director as authorized

16 by section 1316 (a) and (b) of such Act, and deposited

17 in the Fund under section 1316(f) of such Act.

18 FEDERAL HOUSING ADMINISTRATION

19 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

20 ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 During fiscal year 1996, commitments to guarantee

23 loans to carry out the purposes of section 203(b) of the

24 National Housing Act, as amended, shall not exceed a loan

25 principal of $110,000,000,000: Provided, That during fis26 cal year 1996, the Secretary shall sell assigned mortgage
416

HR 3019 IH

1 notes having an unpaid principal balance of up to

2 $4,000,000,000, which notes were originally insured under

3 section 203(b) of the National Housing Act: Provided fur4 ther, That the Secretary may use any negative subsidy

5 amounts from the sale of such assigned mortgage notes

6 during fiscal year 1996 for the disposition of properties

7 or notes under this heading.

8 During fiscal year 1996, obligations to make direct

9 loans to carry out the purposes of section 204(g) of the

10 National Housing Act, as amended, shall not exceed

11 $200,000,000: Provided, That the foregoing amount shall

12 be for loans to nonprofit and governmental entities in con13 nection with sales of single family real properties owned

14 by the Secretary and formerly insured under section 203

15 of such Act.

16 For administrative expenses necessary to carry out

17 the guaranteed and direct loan program, $341,595,000,

18 to be derived from the FHA-mutual mortgage insurance

19 guaranteed loans receipt account, of which not to exceed

20 $334,483,000 shall be transferred to the appropriation for

21 departmental salaries and expenses; and of which not to

22 exceed $7,112,000 shall be transferred to the appropria23 tion for the Office of Inspector General.
417

HR 3019 IH

1 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the cost of guaranteed loans, as authorized by

4 sections 238 and 519 of the National Housing Act (12

5 U.S.C. 1715z–3 and 1735c), including the cost of modify6 ing such loans, $85,000,000, to remain available until ex7 pended: Provided, That such costs shall be as defined in

8 section 502 of the Congressional Budget Act of 1974, as

9 amended: Provided further, That these funds are available

10 to subsidize total loan principal any part of which is to

11 be guaranteed of not to exceed $17,400,000,000: Provided

12 further, That during fiscal year 1996, the Secretary shall

13 sell assigned notes having an unpaid principal balance of

14 up to $4,000,000,000, which notes were originally obliga15 tions of the funds established under sections 238 and 519

16 of the National Housing Act: Provided further, That the

17 Secretary may use any negative subsidy amounts from the

18 sale of such assigned mortgage notes during fiscal year

19 1996, in addition to amounts otherwise provided, for the

20 disposition of properties or notes under this heading (in21 cluding the credit subsidy for the guarantee of loans or

22 the reduction of positive credit subsidy amounts that

23 would otherwise be required for the sale of such properties

24 or notes), and for any other purpose under this heading:

25 Provided further, That any amounts made available in any
418

HR 3019 IH

1 prior appropriation Act for the cost (as such term is de2 fined in section 502 of the Congressional Budget Act of

3 1974) of guaranteed loans that are obligations of the

4 funds established under section 238 or 519 of the National

5 Housing Act that have not been obligated or that are

6 deobligated shall be available to the Secretary of Housing

7 and Urban Development in connection with the making

8 of such guarantees and shall remain available until ex9 pended, notwithstanding the expiration of any period of

10 availability otherwise applicable to such amounts.

11 Gross obligations for the principal amount of direct

12 loans, as authorized by sections 204(g), 207(l), 238(a),

13 and 519(a) of the National Housing Act, shall not exceed

14 $120,000,000; of which not to exceed $100,000,000 shall

15 be for bridge financing in connection with the sale of mul16 tifamily real properties owned by the Secretary and for17 merly 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

25 to the appropriation for departmental salaries and ex-
419

HR 3019 IH

1 penses; and of which $4,171,000 shall be transferred to

2 the appropriation 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

12 the guaranteed mortgage-backed securities program,

13 $9,101,000, to be derived from the GNMA—guarantees

14 of mortgage-backed securities guaranteed loan receipt ac15 count, of which not to exceed $9,101,000 shall be trans16 ferred to the appropriation for departmental salaries and

17 expenses.

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 EXTEND ADMINISTRATIVE PROVISIONS FROM THE

21 RESCISSION ACT

22 SEC. 201. (a) PUBLIC AND INDIAN HOUSING MOD23 ERNIZATION.—

24 (1) EXPANSION OF USE OF MODERNIZATION

25 FUNDING.—Subsection 14(q) of the United States

26 Housing Act of 1937 is amended to read as follows:
420

HR 3019 IH

1 ‘‘(q)(1) In addition to the purposes enumerated in

2 subsections (a) and (b), a public housing agency may use

3 modernization assistance provided under section 14, and

4 development assistance provided under section 5(a) that

5 was not allocated, as determined by the Secretary, for pri6 ority replacement housing, for any eligible activity author7 ized by this section, by section 5, or by applicable Appro8 priations Acts for a public housing agency, including the

9 demolition, rehabilitation, revitalization, and replacement

10 of existing units and projects and, for up to 10 percent

11 of its allocation of such funds in any fiscal year, for any

12 operating subsidy purpose authorized in section 9. Except

13 for assistance used for operating subsidy purposes under

14 the preceding sentence, assistance provided to a public

15 housing agency under this section shall principally be used

16 for the physical improvement or replacement of public

17 housing and for associated management improvements,

18 except as otherwise approved by the Secretary. Public

19 housing units assisted under this paragraph shall be eligi20 ble for operating subsidies, unless the Secretary deter21 mines that such units or projects have not received suffi22 cient assistance under this Act or do not meet other re23 quirements of this Act.

24 ‘‘(2) A public housing agency may provide assistance

25 to developments that include units for other than very low-
421

HR 3019 IH

1 income families (‘mixed income developments’), in the

2 form of a grant, loan, operating assistance, or other form

3 of investment 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

10 housing agency the option to purchase the develop11 ment within 20 years after initial occupancy in ac12 cordance with section 42(i)(7) of the Internal Reve13 nue Code of 1986, as amended. Units shall be made

14 available in such developments for periods of not less

15 than 20 years, by master contract or by individual

16 lease, for occupancy by low-income families referred

17 from time to time by the public housing agency. The

18 number of such units shall be:

19 ‘‘(i) in the same proportion to the total

20 number of units in such development that the

21 total financial commitment provided by the pub22 lic housing agency bears to the value of the

23 total financial commitment in the development,

24 or
422

HR 3019 IH

1 ‘‘(ii) not be less than the number of units

2 that could have been developed under the con3 ventional public housing program with the as4 sistance 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-in13 come project under this subsection enters into a contract

14 with a public housing agency, the terms of which obligate

15 the entity to operate and maintain a specified number of

16 units in the project as public housing units in accordance

17 with the requirements of this Act for the period required

18 by law, such contractual terms may provide that, if, as

19 a result of a reduction in appropriations under section 9,

20 or any other change in applicable law, the public housing

21 agency is unable to fulfill its contractual obligations with

22 respect to those public housing units, that entity may devi23 ate, under procedures and requirements developed through

24 regulations by the Secretary, from otherwise applicable re25 strictions under this Act regarding rents, income eligi-
423

HR 3019 IH

1 bility, and other areas of public housing management with

2 respect to a portion or all of those public housing units,

3 to the extent necessary to preserve the viability of those

4 units while maintaining the low-income character of the

5 units, to the maximum extent practicable.’’.

6 (2) APPLICABILITY.—Section 14(q) of the

7 United States Housing Act of 1937, as amended by

8 subsection (a) of this section, shall be effective only

9 with respect to assistance provided from funds made

10 available for fiscal year 1996 or any preceding fiscal

11 year.

12 (3) APPLICABILITY TO IHAS.—In accordance

13 with section 201(b)(2) of the United States Housing

14 Act of 1937, the amendment made by this sub15 section shall apply to public housing developed or

16 operated pursuant to a contract between the Sec17 retary of Housing and Urban Development and an

18 Indian housing authority.

19 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND

20 INDIAN HOUSING.—

21 (1) EXTENDED AUTHORITY.—Section 1002(d)

22 of Public Law 104–19 is amended to read as follows:

23 ‘‘(d) Subsections (a), (b), and (c) shall be effective

24 for applications for the demolition, disposition, or conver25 sion to homeownership of public housing approved by the
424

HR 3019 IH

1 Secretary, and other consolidation and relocation activities

2 of public housing agencies undertaken, on, before, or after

3 September 30, 1995 and before September 30, 1996.’’.

4 (2) Section 18(f) of the United States Housing

5 Act of 1937 is amended by adding at the end the

6 following new sentence:

7 ‘‘No one may rely on the preceding sentence as the basis

8 for reconsidering a final order of a court issued, or a set9 tlement approved by, a court.’’.

10 (3) APPLICABILITY.—In accordance with sec11 tion 201(b)(2) of the United States Housing Act of

12 1937, the amendments made by this subsection and

13 by sections 1002 (a), (b), and (c) of Public Law

14 104–19 shall apply to public housing developed or

15 operated pursuant to a contract between the Sec16 retary of Housing and Urban Development and an

17 Indian housing authority.

18 CONVERSION OF CERTAIN PUBLIC HOUSING TO

19 VOUCHERS

20 SEC. 202. (a) IDENTIFICATION OF UNITS.—Each

21 public housing agency shall identify any public housing de22 velopments—

23 (1) that are on the same or contiguous sites;

24 (2) that total more than—

25 (A) 300 dwelling units; or
425

HR 3019 IH

1 (B) in the case of high-rise family build2 ings or substantially vacant buildings; 300

3 dwelling units;

4 (3) that have a vacancy rate of at least 10 per5 cent for dwelling units not in funded, on schedule

6 modernization programs;

7 (4) identified as distressed housing that the

8 public housing agency cannot assure the long-term

9 viability as public housing through reasonable revi10 talization, density reduction, or achievement of a

11 broader range of household income; and

12 (5) for which the estimated cost of continued

13 operation and modernization of the developments as

14 public housing exceeds the cost of providing tenant15 based assistance under section 8 of the United

16 States Housing Act of 1937 for all families in occu17 pancy, based on appropriate indicators of cost (such

18 as the percentage of total development cost required

19 for modernization).

20 (b) IMPLEMENTATION AND ENFORCEMENT.—

21 (1) STANDARDS FOR IMPLEMENTATION.—The

22 Secretary shall establish standards to permit imple23 mentation of this section in fiscal year 1996.

24 (2) CONSULTATION.—Each public housing

25 agency shall consult with the applicable public hous-
426

HR 3019 IH

1 ing tenants and the unit of general local government

2 in identifying any public housing developments

3 under subsection (a).

4 (3) FAILURE OF PHAS TO COMPLY WITH SUB5 SECTION (a).—Where the Secretary determines

6 that—

7 (A) a public housing agency has failed

8 under subsection (a) to identify public housing

9 developments for removal from the inventory of

10 the agency in a timely manner;

11 (B) a public housing agency has failed to

12 identify one or more public housing develop13 ments which the Secretary determines should

14 have been identified under subsection (a); or

15 (C) one or more of the developments iden16 tified by the public housing agency pursuant to

17 subsection (a) should not, in the determination

18 of the Secretary, have been identified under

19 that subsection;

20 the Secretary may designate the developments to be

21 removed from the inventory of the public housing

22 agency pursuant to this section.

23 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

24 PUBLIC HOUSING AGENCIES.—
427

HR 3019 IH

1 (1) Each public housing agency shall develop

2 and carry out a plan in conjunction with the Sec3 retary for the removal of public housing units identi4 fied under subsection (a) or subsection (b)(3), over

5 a period of up to five years, from the inventory of

6 the public housing agency and the annual contribu7 tions contract. The plan shall be approved by the

8 relevant local official as not inconsistent with the

9 Comprehensive Housing Affordability Strategy

10 under title I of the Housing and Community Devel11 opment Act of 1992, including a description of any

12 disposition and demolition plan for the public hous13 ing units.

14 (2) The Secretary may extend the deadline in

15 paragraph (1) for up to an additional five years

16 where the Secretary makes a determination that the

17 deadline is impracticable.

18 (3) The Secretary shall take appropriate actions

19 to ensure removal of developments identified under

20 subsection (a) or subsection (b)(3) from the inven21 tory of a public housing agency, if the public hous22 ing agency fails to adequately develop a plan under

23 paragraph (1), or fails to adequately implement such

24 plan in accordance with the terms of the plan.
428

HR 3019 IH

1 (4) To the extent approved in appropriations

2 Acts, the Secretary may establish requirements and

3 provide funding under the Urban Revitalization

4 Demonstration program for demolition and disposi5 tion of public housing under this section.

6 (5) Notwithstanding any other provision of law,

7 if a development is removed from the inventory of a

8 public housing agency and the annual contributions

9 contract pursuant to paragraph (1), the Secretary

10 may authorize or direct the transfer of—

11 (A) in the case of an agency receiving as12 sistance under the comprehensive improvement

13 assistance program, any amounts obligated by

14 the Secretary for the modernization of such de15 velopment pursuant to section 14 of the United

16 States Housing Act of 1937;

17 (B) in the case of an agency receiving pub18 lic and Indian housing modernization assistance

19 by formula pursuant to section 14 of the United

20 States Housing Act of 1937, any amounts pro21 vided to the agency which are attributable pur22 suant to the formula for allocating such assist23 ance to the development removed from the in24 ventory of that agency; and
429

HR 3019 IH

1 (C) in the case of an agency receiving as2 sistance for the major reconstruction of obsolete

3 projects, any amounts obligated by the Sec4 retary for the major reconstruction of the devel5 opment pursuant to section 5 of such Act,

6 to the tenant-based assistance program or appro7 priate site revitalization of such agency.

8 (6) CESSATION OF UNNECESSARY SPENDING.—

9 Notwithstanding any other provision of law, if, in

10 the determination of the Secretary, a development

11 meets or is likely to meet the criteria set forth in

12 subsection (a), the Secretary may direct the public

13 housing agency to cease additional spending in con14 nection with the development, except to the extent

15 that additional spending is necessary to ensure de16 cent, safe, and sanitary housing until the Secretary

17 determines or approves an appropriate course of ac18 tion with respect to such development under this

19 section.

20 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—

21 (1) The Secretary shall make authority avail22 able to a public housing agency to provide tenant23 based assistance pursuant to section 8 to families re24 siding in any development that is removed from the

25 inventory of the public housing agency and the an-
430

HR 3019 IH

1 nual contributions contract pursuant to subsection

2 (b).

3 (2) Each conversion plan under subsection (c)

4 shall—

5 (A) require the agency to notify families

6 residing in the development, consistent with any

7 guidelines issued by the Secretary governing

8 such notifications, that the development shall be

9 removed from the inventory of the public hous10 ing agency and the families shall receive tenant11 based or project-based assistance, and to pro12 vide any necessary counseling for families; and

13 (B) ensure that all tenants affected by a

14 determination under this section that a develop15 ment shall be removed from the inventory of a

16 public housing agency shall be offered tenant17 based or project-based assistance and shall be

18 relocated, as necessary, to other decent, safe,

19 sanitary, and affordable housing which is, to

20 the maximum extent practicable, housing of

21 their choice.

22 (e) IN GENERAL.—

23 (1) The Secretary may require a public housing

24 agency to provide such information as the Secretary
431

HR 3019 IH

1 considers necessary for the administration of this

2 section.

3 (2) As used in this section, the term ‘‘develop4 ment’’ shall refer to a project or projects, or to por5 tions of a project or projects, as appropriate.

6 (3) Section 18 of the United States Housing

7 Act of 1937 shall not apply to the demolition of de8 velopments removed from the inventory of the public

9 housing agency under this section.

10 STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE

11 SEC. 203. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section

12 8(t) of the United States Housing Act of 1937 is hereby

13 repealed.

14 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

15 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

16 8(c) of such Act is amended—

17 (1) in paragraph (8), by inserting after ‘‘sec18 tion’’ the following: ‘‘(other than a contract for as19 sistance under the certificate or voucher program)’’;

20 and

21 (2) in the first sentence of paragraph (9), by

22 striking ‘‘(but not less than 90 days in the case of

23 housing certificates or vouchers under subsection (b)

24 or (o))’’ and inserting ‘‘, other than a contract under

25 the certificate or voucher program’’.
432

HR 3019 IH

1 (c) ENDLESS LEASE.—Section 8(d)(1)(B) of such

2 Act is amended—

3 (1) in clause (ii), by inserting ‘‘during the term

4 of the lease,’’ after ‘‘(ii)’’; and

5 (2) in clause (iii), by striking ‘‘provide that’’

6 and inserting ‘‘during the term of the lease,’’.

7 (d) APPLICABILITY.—The provisions of this section

8 shall be effective for fiscal year 1996 only.

9 PUBLIC HOUSING/SECTION 8 MOVING TO WORK

10 DEMONSTRATION

11 SEC. 204. (a) PURPOSE.—The purpose of this dem12 onstration is to give public housing agencies and the Sec13 retary of Housing and Urban Development the flexibility

14 to design and test various approaches for providing and

15 administering housing assistance that: reduce cost and

16 achieve greater cost effectiveness in Federal expenditures;

17 give incentives to families with children where the head

18 of household is working, seeking work, or is preparing for

19 work by participating in job training, educational pro20 grams, or programs that assist people to obtain employ21 ment and become economically self-sufficient; and increase

22 housing choices for low-income families.

23 (b) PROGRAM AUTHORITY.—The Secretary of Hous24 ing and Urban Development shall conduct a demonstra25 tion program under this section beginning in fiscal year

26 1996 under which up to 30 public housing agencies (in-
433

HR 3019 IH

1 cluding Indian housing authorities) administering the pub2 lic or Indian housing program and the section 8 housing

3 assistance payments program, administering a total num4 ber of public housing units not in excess of 25,000, may

5 be selected by the Secretary to participate. The Secretary

6 shall provide training and technical assistance during the

7 demonstration and conduct detailed evaluations of up to

8 15 such agencies in an effort to identify replicable pro9 gram models promoting the purpose of the demonstration.

10 Under the demonstration, notwithstanding any provision

11 of the United States Housing Act of 1937 except as pro12 vided in subsection (e), an agency may combine operating

13 assistance provided under section 9 of the United States

14 Housing Act of 1937, modernization assistance provided

15 under section 14 of such Act, and assistance provided

16 under section 8 of such Act for the certificate and voucher

17 programs, to provide housing assistance for low-income

18 families, as defined in section 3(b)(2) of the United States

19 Housing Act of 1937, and services to facilitate the transi20 tion to work on such terms and conditions as the agency

21 may propose and the Secretary may approve.

22 (c) APPLICATION.—An application to participate in

23 the demonstration—
434

HR 3019 IH

1 (1) shall request authority to combine assist2 ance under sections 8, 9, and 14 of the United

3 States Housing Act of 1937;

4 (2) shall be submitted only after the public

5 housing agency provides for citizen participation

6 through a public hearing and, if appropriate, other

7 means;

8 (3) shall include a plan developed by the agency

9 that takes into account comments from the public

10 hearing and any other public comments on the pro11 posed program, and comments from current and

12 prospective residents who would be affected, and

13 that includes criteria for—

14 (A) families to be assisted, which shall re15 quire that at least 75 percent of the families as16 sisted by participating demonstration public

17 housing authorities shall be very low-income

18 families, as defined in section 3(b)(2) of the

19 United States Housing Act of 1937, and at

20 least 50 percent of the families selected shall

21 have incomes that do not exceed 30 percent of

22 the median family income for the area, as de23 termined by the Secretary with adjustments for

24 smaller and larger families, except that the Sec25 retary may establish income ceilings higher or
435

HR 3019 IH

1 lower than 30 percent of the median for the

2 area on the basis of the Secretary’s findings

3 that such variations are necessary because of

4 unusually high or low family income;

5 (B) establishing a reasonable rent policy,

6 which shall be designed to encourage employ7 ment and self-sufficiency by participating fami8 lies, consistent with the purpose of this dem9 onstration, such as by excluding some or all of

10 a family’s earned income for purposes of deter11 mining rent;

12 (C) continuing to assist substantially the

13 same total number of eligible low-income fami14 lies as would have been served had the amounts

15 not been combined;

16 (D) maintaining a comparable mix of fami17 lies (by family size) as would have been pro18 vided had the amounts not been used under the

19 demonstration; and

20 (E) assuring that housing assisted under

21 the demonstration program meets housing qual22 ity standards established or approved by the

23 Secretary; and

24 (4) may request assistance for training and

25 technical assistance to assist with design of the dem-
436

HR 3019 IH

1 onstration and to participate in a detailed evalua2 tion.

3 (d) SELECTION.—In selecting among applications,

4 the Secretary shall take into account the potential of each

5 agency to plan and carry out a program under the dem6 onstration, the relative performance by an agency under

7 the public housing management assessment program

8 under section 6(j) of the United States Housing Act of

9 1937, and other appropriate factors as determined by the

10 Secretary.

11 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—

12 (1) Section 18 of the United States Housing

13 Act of 1937 shall continue to apply to public hous14 ing notwithstanding any use of the housing under

15 this demonstration.

16 (2) Section 12 of such Act shall apply to hous17 ing assisted under the demonstration, other than

18 housing assisted solely due to occupancy by families

19 receiving tenant-based assistance.

20 (f) EFFECT ON SECTION 8, OPERATING SUBSIDIES,

21 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

22 The amount of assistance received under section 8, section

23 9, or pursuant to section 14 by a public housing agency

24 participating in the demonstration under this part shall

25 not be diminished by its participation.
437

HR 3019 IH

1 (g) RECORDS, REPORTS, AND AUDITS.—

2 (1) KEEPING OF RECORDS.—Each agency shall

3 keep such records as the Secretary may prescribe as

4 reasonably necessary to disclose the amounts and

5 the disposition of amounts under this demonstration,

6 to ensure compliance with the requirements of this

7 section, and to measure performance.

8 (2) REPORTS.—Each agency shall submit to the

9 Secretary a report, or series of reports, in a form

10 and at a time specified by the Secretary. Each re11 port shall—

12 (A) document the use of funds made avail13 able under this section;

14 (B) provide such data as the Secretary

15 may request to assist the Secretary in assessing

16 the demonstration; and

17 (C) describe and analyze the effect of as18 sisted activities in addressing the objectives of

19 this part.

20 (3) ACCESS TO DOCUMENTS BY THE SEC21 RETARY.—The Secretary shall have access for the

22 purpose of audit and examination to any books, doc23 uments, papers, and records that are pertinent to

24 assistance in connection with, and the requirements

25 of, this section.
438

HR 3019 IH

1 (4) ACCESS TO DOCUMENTS BY THE COMP2 TROLLER GENERAL.—The Comptroller General of

3 the United States, or any of the duly authorized rep4 resentatives of the Comptroller General, shall have

5 access for the purpose of audit and examination to

6 any books, documents, papers, and records that are

7 pertinent to assistance in connection with, and the

8 requirements of, this section.

9 (h) EVALUATION AND REPORT.—

10 (1) CONSULTATION WITH PHA AND FAMILY

11 REPRESENTATIVES.—In making assessments

12 throughout the demonstration, the Secretary shall

13 consult with representatives of public housing agen14 cies and residents.

15 (2) REPORT TO CONGRESS.—Not later than

16 180 days after the end of the third year of the dem17 onstration, the Secretary shall submit to the Con18 gress a report evaluating the programs carried out

19 under the demonstration. The report shall also in20 clude findings and recommendations for any appro21 priate legislative action.

22 (i) FUNDING FOR TECHNICAL ASSISTANCE AND

23 EVALUATION.—From amounts appropriated for assist24 ance under section 14 of the United States Housing Act
439

HR 3019 IH

1 of 1937 for fiscal years 1996, 1997, and 1998, the Sec2 retary may use 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 as8 sist them in designing programs to be proposed

9 for 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 implement13 ing 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

18 PROGRAM

19 SEC. 205. (a) The first sentence of section 542(b)(5)

20 of the Housing and Community Development Act of 1992

21 (12 U.S.C. 1707 note) is amended by striking ‘‘on not

22 more than 15,000 units over fiscal years 1993 and 1994’’

23 and inserting ‘‘on not more than 7,500 units during fiscal

24 year 1996’’.

25 (b) The first sentence of section 542(c)(4) of the

26 Housing and Community Development Act of 1992 (12
440

HR 3019 IH

1 U.S.C. 1707 note) is amended by striking ‘‘on not to ex2 ceed 30,000 units over fiscal years 1993, 1994, and 1995’’

3 and inserting ‘‘on not more than 10,000 units during fis4 cal year 1996’’.

5 FORECLOSURE OF HUD-HELD MORTGAGES THROUGH

6 THIRD PARTIES

7 SEC. 206. During fiscal year 1996, the Secretary of

8 Housing and Urban Development may delegate to one or

9 more entities the authority to carry out some or all of the

10 functions and responsibilities of the Secretary in connec11 tion with the foreclosure of mortgages held by the Sec12 retary under the National Housing Act.

13 RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE

14 PORTFOLIO THROUGH STATE HOUSING FINANCE

15 AGENCIES.

16 SEC. 207. During fiscal year 1996, the Secretary of

17 Housing and Urban Development may sell or otherwise

18 transfer multifamily mortgages held by the Secretary

19 under the National Housing Act to a State housing fi20 nance agency in connection with a program authorized

21 under section 542 (b) or (c) of the Housing and Commu22 nity Development Act of 1992 without regard to the unit

23 limitations in section 542(b)(5) or 542(c)(4) of such Act.
441

HR 3019 IH

1 TRANSFER OF SECTION 8 AUTHORITY

2 SEC. 208. Section 8 of the United States Housing

3 Act of 1937 is amended by adding the following new sub4 section at the end:

5 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as6 sistance contract under this section, other than a contract

7 for tenant-based assistance, is terminated or is not re8 newed, or if the contract expires, the Secretary shall, in

9 order to provide continued assistance to eligible families,

10 including eligible families receiving the benefit of the

11 project-based assistance at the time of the termination,

12 transfer any budget authority remaining in the contract

13 to another contract. The transfer shall be under such

14 terms as the Secretary may prescribe.’’.

15 DOCUMENTATION OF MULTIFAMILY REFINANCINGS

16 SEC. 209. Notwithstanding the 16th paragraph under

17 the item relating to ‘‘administrative provisions’’ in title II

18 of the Departments of Veterans Affairs and Housing and

19 Urban Development, and Independent Agencies Appro20 priations Act, 1995 (Public Law 103–327; 108 Stat.

21 2316), the amendments to section 223(a)(7) of the Na22 tional Housing Act made by the 15th paragraph of such

23 Act shall be effective during fiscal year 1996 and there24 after.
442

HR 3019 IH

1 FHA MULTIFAMILY DEMONSTRATION AUTHORITY

2 SEC. 210. (a) On and after October 1, 1995, and be3 fore October 1, 1997, the Secretary of Housing and Urban

4 Development shall initiate a demonstration program with

5 respect to multifamily projects whose owners agree to par6 ticipate and whose mortgages are insured under the Na7 tional Housing Act and that are assisted under section

8 8 of the United States Housing Act of 1937 and whose

9 present section 8 rents are, in the aggregate, in excess

10 of the fair market rent of the locality in which the project

11 is located. These programs shall be designed to test the

12 feasibility and desirability of the goal of ensuring, to the

13 maximum extent practicable, that the debt service and op14 erating expenses, including adequate reserves, attributable

15 to such multifamily projects can be supported with or

16 without mortgage insurance under the National Housing

17 Act and with or without above-market rents and utilizing

18 project-based assistance or, with the consent of the prop19 erty owner, tenant-based assistance, while taking into ac20 count the need for assistance of low- and very low-income

21 families in such projects. In carrying out this demonstra22 tion, the Secretary may use arrangements with third par23 ties, under which the Secretary may provide for the as24 sumption by the third parties (by delegation, contract, or
443

HR 3019 IH

1 otherwise) of some or all of the functions, obligations, and

2 benefits of the Secretary.

3 (1) GOALS.—The Secretary of Housing and

4 Urban Development shall carry out the demonstra5 tion programs under this section in a manner that—

6 (A) will protect the financial interests of

7 the Federal Government;

8 (B) will result in significant discretionary

9 cost savings through debt restructuring and

10 subsidy reduction; and

11 (C) will, in the least costly fashion, address

12 the goals of—

13 (i) maintaining existing housing stock

14 in a decent, safe, and sanitary condition;

15 (ii) minimizing the involuntary dis16 placement of tenants;

17 (iii) restructuring the mortgages of

18 such projects in a manner that is consist19 ent with local housing market conditions;

20 (iv) supporting fair housing strategies;

21 (v) minimizing any adverse income tax

22 impact on property owners; and

23 (vi) minimizing any adverse impact on

24 residential neighborhoods.
444

HR 3019 IH

1 In determining the manner in which a mortgage is

2 to be restructured or the subsidy reduced, the Sec3 retary may balance competing goals relating to indi4 vidual projects in a manner that will further the

5 purposes of this section.

6 (2) DEMONSTRATION APPROACHES.—In carry7 ing out the demonstration programs, subject to the

8 appropriation in subsection (f), the Secretary may

9 use one or more of the following approaches:

10 (A) Joint venture arrangements with third

11 parties, under which the Secretary may provide

12 for the assumption by the third parties (by del13 egation, contract, or otherwise) of some or all

14 of the functions, obligations, and benefits of the

15 Secretary.

16 (B) Subsidization of the debt service of the

17 project to a level that can be paid by an owner

18 receiving an unsubsidized market rent.

19 (C) Renewal of existing project-based as20 sistance contracts where the Secretary shall ap21 prove proposed initial rent levels that do not ex22 ceed the greater of 120 percent of fair market

23 rents or comparable market rents for the rel24 evant metropolitan market area or at rent levels

25 under a budget-based approach.
445

HR 3019 IH

1 (D) Nonrenewal of expiring existing

2 project-based assistance contracts and providing

3 tenant-based assistance to previously assisted

4 households.

5 (b) For purposes of carrying out demonstration pro6 grams under subsection (a)—

7 (1) the Secretary may manage and dispose of

8 multifamily properties owned by the Secretary as of

9 October 1, 1995 and multifamily mortgages held by

10 the Secretary as of October 1, 1995 for properties

11 assisted under section 8 with rents above 110 per12 cent of fair market rents without regard to any

13 other provision of law; and

14 (2) the Secretary may delegate to one or more

15 entities the authority to carry out some or all of the

16 functions and responsibilities of the Secretary in

17 connection with the foreclosure of mortgages held by

18 the Secretary under the National Housing Act.

19 (c) For purposes of carrying out demonstration pro20 grams under subsection (a), subject to such third party

21 consents (if any) as are necessary including but not lim22 ited to (i) consent by the Government National Mortgage

23 Association where it owns a mortgage insured by the Sec24 retary; (ii) consent by an issuer under the mortgage25 backed securities program of the Association, subject to
446

HR 3019 IH

1 the responsibilities of the issuer to its security holders and

2 the Association under such program; and (iii) parties to

3 any contractual agreement which the Secretary proposes

4 to modify or discontinue, and subject to the appropriation

5 in subsection (c), the Secretary or one or more third par6 ties designated by the Secretary may take the following

7 actions:

8 (1) Notwithstanding any other provision of law,

9 and subject to the agreement of the project owner,

10 the Secretary or third party may remove, relinquish,

11 extinguish, modify, or agree to the removal of any

12 mortgage, regulatory agreement, project-based as13 sistance contract, use agreement, or restriction that

14 had been imposed or required by the Secretary, in15 cluding restrictions on distributions of income which

16 the Secretary or third party determines would inter17 fere with the ability of the project to operate without

18 above market rents. The Secretary or third party

19 may require an owner of a property assisted under

20 the section 8 new construction/substantial rehabilita21 tion program to apply any accumulated residual re22 ceipts toward effecting the purposes of this section.

23 (2) Notwithstanding any other provision of law,

24 the Secretary of Housing and Urban Development

25 may enter into contracts to purchase reinsurance, or
447

HR 3019 IH

1 enter into participations or otherwise transfer eco2 nomic interest in contracts of insurance or in the

3 premiums paid, or due to be paid, on such insurance

4 to third parties, on such terms and conditions as the

5 Secretary may determine.

6 (3) The Secretary may offer project-based as7 sistance with rents at or below fair market rents for

8 the locality in which the project is located and may

9 negotiate such other terms as are acceptable to the

10 Secretary and the project owner.

11 (4) The Secretary may offer to pay all or a por12 tion of the project’s debt service, including payments

13 monthly from the appropriate Insurance Fund, for

14 the full remaining term of the insured mortgage.

15 (5) Notwithstanding any other provision of law,

16 the Secretary may forgive and cancel any FHA-in17 sured mortgage debt that a demonstration program

18 property cannot carry at market rents while bearing

19 full operating costs.

20 (6) For demonstration program properties that

21 cannot carry full operating costs (excluding debt

22 service) at market rents, the Secretary may approve

23 project-based rents sufficient to carry such full oper24 ating costs and may offer to pay the full debt service

25 in the manner provided in paragraph (4).
448

HR 3019 IH

1 (d) COMMUNITY AND TENANT INPUT.—In carrying

2 out this section, the Secretary shall develop procedures to

3 provide appropriate and timely notice to officials of the

4 unit of general local government affected, the community

5 in which the project is situated, and the tenants of the

6 project.

7 (e) LIMITATION ON DEMONSTRATION AUTHORITY.—

8 The Secretary may carry out demonstration programs

9 under this section with respect to mortgages not to exceed

10 15,000 units. The demonstration authorized under this

11 section shall not be expanded until the reports required

12 under subsection (g) are submitted to the Congress.

13 (f) APPROPRIATION.—For the cost of modifying loans

14 held or guaranteed by the Federal Housing Administra15 tion, as authorized by this subsection (a)(2) and sub16 section (c), $30,000,000, to remain available until Sep17 tember 30, 1997: Provided, That such costs shall be as

18 defined in section 502 of the Congressional Budget Act

19 of 1974, as amended.

20 (g) REPORT TO CONGRESS.—The Secretary shall

21 submit to the Congress every six months after the date

22 of enactment of this Act a report describing and assessing

23 the programs carried out under the demonstrations. The

24 Secretary shall also submit a final report to the Congress

25 not later than six months after the end of the demonstra-
449

HR 3019 IH

1 tions. The reports shall include findings and recommenda2 tions for any legislative action appropriate. The reports

3 shall also include a description of the status of each multi4 family housing project selected for the demonstrations

5 under this section. The final report may include—

6 (1) the size of the projects;

7 (2) the geographic locations of the projects, by

8 State and region;

9 (3) the physical and financial condition of the

10 projects;

11 (4) the occupancy profile of the projects, includ12 ing the income, family size, race, and ethnic origin

13 of current tenants, and the rents paid by such ten14 ants;

15 (5) a description of actions undertaken pursu16 ant to this section, including a description of the ef17 fectiveness of such actions and any impediments to

18 the transfer or sale of multifamily housing projects;

19 (6) a description of the extent to which the

20 demonstrations under this section have displaced

21 tenants of multifamily housing projects;

22 (7) a description of any of the functions per23 formed in connection with this section that are

24 transferred or contracted out to public or private en25 tities or to States;
450

HR 3019 IH

1 (8) a description of the impact to which the

2 demonstrations under this section have affected the

3 localities and communities where the selected multi4 family housing projects are located; and

5 (9) a description of the extent to which the

6 demonstrations under this section have affected the

7 owners of multifamily housing projects.

8 ASSESSMENT COLLECTION DATES FOR OFFICE OF

9 FEDERAL HOUSING ENTERPRISE OVERSIGHT

10 SEC. 211. Section 1316(b) of the Housing and Com11 munity Development Act of 1992 (12 U.S.C. 4516(b)) is

12 amended by striking paragraph (2) and inserting the fol13 lowing new paragraph:

14 ‘‘(2) TIMING OF PAYMENT.—The annual assessment

15 shall be payable semiannually for each fiscal year, on Oc16 tober 1 and April 1.’’.

17 MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL

18 OF EXPIRING SECTION 8 SUBSIDY CONTRACTS AND

19 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

20 SEC. 212. All remaining obligated and unobligated

21 balances in the Renewal of Expiring Section 8 Subsidy

22 Contracts account on September 30, 1995, shall imme23 diately thereafter be transferred to and merged with the

24 obligated and unobligated balances, respectively, of the

25 Annual Contributions for Assisted Housing account.
451

HR 3019 IH

1 DEBT FORGIVENESS

2 SEC. 213. (a) The Secretary of Housing and Urban

3 Development shall cancel the indebtedness of the Hubbard

4 Hospital Authority of Hubbard, Texas, relating to the

5 public facilities loan for Project Number PFL–TEX–215,

6 issued under title II of the Housing Amendments of 1955.

7 Such hospital authority is relieved of all liability to the

8 Government for the outstanding principal balance on such

9 loan, for the amount of accrued interest on such loan, and

10 for any fees and charges payable in connection with such

11 loan.

12 (b) The Secretary of Housing and Urban Develop13 ment shall cancel the indebtedness of the Groveton Texas

14 Hospital Authority relating to the public facilities loan for

15 Project Number TEX–41–PFL0162, issued under title II

16 of the Housing Amendments of 1955. Such hospital au17 thority is relieved of all liability to the Government for

18 the outstanding principal balance on such loan, for the

19 amount of accrued interest on such loan, and for any fees

20 and charges payable in connection with such loan.

21 (c) The Secretary of Housing and Urban Develop22 ment shall cancel the indebtedness of the Hepzibah Public

23 Service District of Hepzibah, West Virginia, relating to

24 the public facilities loan for Project Number WV–46–

25 PFL0031, issued under title II of the Housing Amend-
452

HR 3019 IH

1 ments of 1955. Such public service district is relieved of

2 all liability to the Government for the outstanding prin3 cipal balance on such loan, for the amount of accrued in4 terest on such loan, and for any fees and charges payable

5 in connection with such loan.

6 (d) The Secretary of Housing and Urban Develop7 ment shall cancel indebtedness of Sheehan Memorial Hos8 pital of Buffalo, New York, relating to the Federal Hous9 ing Administration insurance for Project Number 014–

10 13002 issued under section 242 of the National Housing

11 Act. Such hospital is relieved of all liability to the Govern12 ment 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. 214. For purposes of Federal law, the Paul Mi17 rabile Center in San Diego, California, including areas

18 within such Center that are devoted to the delivery of sup19 portive services, has been determined to satisfy the ‘‘con20 tinuum of care’’ requirements of the Department of Hous21 ing and 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

26 homeless individuals (within the meaning of section
453

HR 3019 IH

1 103 of the Stewart B. McKinney Homeless Assist2 ance Act (42 U.S.C. 11302), as in effect on Decem3 ber 19, 1989) to independent living within 24

4 months, (iii) are suitable for occupancy, with each

5 cubicle constituting a separate bedroom and residen6 tial unit, (iv) are used on other than a transient

7 basis, and (v) shall be originally placed in service on

8 November 1, 1995; and

9 (b) property that is entirely residential rental

10 property, namely, a project for residential rental

11 property.

12 EMPLOYMENT LIMITATIONS

13 SEC. 215. (a) By the end of fiscal year 1996 the De14 partment of Housing and Urban Development shall em15 ploy no more than seven Assistant Secretaries, notwith16 standing section 4(a) of the Department of Housing and

17 Urban Development Act.

18 (b) By the end of fiscal year 1996 the Department

19 of Housing and Urban Development shall employ no more

20 than 77 schedule C and 20 non-career senior executive

21 service employees.

22 USE OF FUNDS

23 SEC. 216. (a) Of the $93,400,000 earmarked in Pub24 lic Law 101–144 (103 Stat. 850), as amended by Public

25 Law 101–302 (104 Stat. 237), for special projects and

26 purposes, any amounts remaining of the $500,000 made
454

HR 3019 IH

1 available to Bethlehem House in Highland, California, for

2 site planning and loan acquisition shall instead be made

3 available to the County of San Bernardino in California

4 to assist with the expansion of the Los Padrinos Gang

5 Intervention Program and the Unity Home Domestic Vio6 lence Shelter.

7 (b) The amount made available for fiscal year 1995

8 for the removal of asbestos from an abandoned public

9 school building in Toledo, Ohio shall be made available

10 for the renovation and rehabilitation of an industrial

11 building at the University of Toledo in Toledo, Ohio.

12 LEAD-BASED PAINT ABATEMENT

13 SEC. 217. (a) Section 1011 of Title X—Residential

14 Lead-Based Paint Hazard Reduction Act of 1992 is

15 amended as follows: Strike ‘‘priority housing’’ wherever it

16 appears in said section and insert ‘‘housing’’.

17 (b) Section 1011(a) shall be amended as follows: At

18 the end of the subsection after the period, insert: ‘‘Grants

19 shall only be made under this section to provide assistance

20 for housing which meets the following criteria—

21 ‘‘(1) for grants made to assist rental housing,

22 at least 50 percent of the units must be occupied by

23 or made available to families with incomes at or

24 below 50 percent of the area median income level

25 and the remaining units shall be occupied or made

26 available to families with incomes at or below 80
455

HR 3019 IH

1 percent of the area median income level, and in all

2 cases the landlord shall give priority in renting units

3 assisted under this section, for not less than 3 years

4 following the completion of lead abatement activities,

5 to families with a child under the age of six years,

6 except that buildings with five or more units may

7 have 20 percent of the units occupied by families

8 with incomes above 80 percent of area median in9 come level;

10 ‘‘(2) for grants made to assist housing owned

11 by owner-occupants, all units assisted with grants

12 under this section shall be the principal residence of

13 families with income at or below 80 percent of the

14 area median income level, and not less than 90 per15 cent of the units assisted with grants under this sec16 tion shall be occupied by a child under the age of

17 six years or shall be units where a child under the

18 age of six years spends a significant amount of time

19 visiting; and

20 ‘‘(3) notwithstanding paragraphs (1) and (2),

21 Round II grantees who receive assistance under this

22 section may use such assistance for priority hous23 ing.’’.
456

HR 3019 IH

1 EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS

2 WITH PHAS

3 SEC. 218. Section 9(a)(3)(B)(i) of the United States

4 Housing Act of 1937 is amended by striking ‘‘for a period

5 not to exceed 6 years’’.

6 MORTGAGE NOTE SALES

7 SEC. 219. The first sentence of section

8 221(g)(4)(C)(viii) of the National Housing Act is amended

9 by striking ‘‘September 30, 1995’’ and inserting in lieu

10 thereof ‘‘September 30, 1996’’.

11 REPEAL OF FROST-LELAND

12 SEC. 220. Section 415 of the Department of Housing

13 and Urban Development—Independent Agencies Appro14 priations Act, 1988 (Public Law 100–202; 101 Stat.

15 1329–213) is repealed.

16 FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM

17 SEC. 221. Section 230(d) of the National Housing

18 Act is amended by striking ‘‘the Departments’’ and all

19 that follows through ‘‘1996’’ and inserting ‘‘The Balanced

20 Budget Downpayment Act, I’’.

21 SPENDING LIMITATIONS

22 SEC. 222. (a) None of the funds in this Act may be

23 used by the Secretary to impose any sanction, or penalty

24 because of the enactment of any State or local law or regu25 lation declaring English as the official language.
457

HR 3019 IH

1 (b) No part of any appropriation contained in this

2 Act shall be used for lobbying activities as prohibited by

3 law.

4 TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF

5 JUSTICE

6 SEC. 223. All functions, activities and responsibilities

7 of the Secretary of Housing and Urban Development re8 lating to title VIII of the Civil Rights Act of 1968, as

9 amended by the Fair Housing Amendments Act of 1988,

10 and the Fair Housing Act, including any rights guaran11 teed under the Fair Housing Act (including any functions

12 relating to the Fair Housing Initiatives program under

13 section 561 of the Housing and Community Development

14 Act of 1987), are hereby transferred to the Attorney Gen15 eral of the United States effective April 1, 1997: Provided,

16 That none of the aforementioned authority or responsibil17 ity for enforcement of the Fair Housing Act shall be trans18 ferred to the Attorney General until adequate personnel

19 and resources allocated to such activity at the Department

20 of Housing and Urban Development are transferred to the

21 Department of Justice.

22 SEC. 224. None of the funds provided in this Act may

23 be used during fiscal year 1996 to investigate or prosecute

24 under the Fair Housing Act (42 U.S.C. 3601, et seq.) any

25 otherwise lawful activity engaged in by one or more per26 sons, including the filing or maintaining of non-frivolous
458

HR 3019 IH

1 legal action, that is engaged in solely for the purposes of

2 achieving or preventing action by a Government official,

3 entity, or court of competent jurisdiction.

4 SEC. 225. None of the funds provided in this Act

5 many be used to take any enforcement action with respect

6 to a complaint of discrimination under the Fair Housing

7 Act (42 U.S.C. 3601, et seq.) on the basis of familial sta8 tus and which involves an occupancy standard established

9 by the housing provider except to the extent that it is

10 found that there has been discrimination in contravention

11 of the standards provided in the March 20, 1991 Memo12 randum from the General Counsel of the Department of

13 Housing and Urban Development to all Regional Counsel

14 or until such time that HUD issues a final rule in accord15 ance with section 553 of title 5, United States Code.

16 CDBG ELIGIBLE ACTIVITIES

17 SEC. 226. Section 105(a) of the Housing and Com18 munity Development Act of 1974 (42 U.S.C. 5305(a)) is

19 amended—

20 (1) in paragraph (4)—

21 (A) by inserting ‘‘reconstruction,’’ after

22 ‘‘removal,’’; and

23 (B) by striking ‘‘acquisition for rehabilita24 tion, and rehabilitation’’ and inserting ‘‘acquisi25 tion for reconstruction or rehabilitation, and re26 construction or rehabilitation’’;
459

HR 3019 IH

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 Commu13 nity Development Act of 1992) as paragraph (25).

14 TITLE III

15 INDEPENDENT AGENCIES

16 AMERICAN BATTLE MONUMENTS COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses, not otherwise provided for,

19 of the American Battle Monuments Commission, including

20 the acquisition of land or interest in land in foreign coun21 tries; purchases and repair of uniforms for caretakers of

22 national cemeteries and monuments outside of the United

23 States and its territories and possessions; rent of office

24 and garage space in foreign countries; purchase (one for

25 replacement only) and hire of passenger motor vehicles;
460

HR 3019 IH

1 and insurance of official motor vehicles in foreign coun2 tries, when required by law of such countries;

3 $20,265,000, to remain available until expended: Pro4 vided, That where station allowance has been authorized

5 by the Department of the Army for officers of the Army

6 serving the Army at certain foreign stations, the same al7 lowance shall be authorized for officers of the Armed

8 Forces assigned to the Commission while serving at the

9 same foreign stations, and this appropriation is hereby

10 made available for the payment of such allowance: Pro11 vided further, That when traveling on business of the Com12 mission, officers of the Armed Forces serving as members

13 or as Secretary of the Commission may be reimbursed for

14 expenses as provided for civilian members of the Commis15 sion: Provided further, That the Commission shall reim16 burse other Government agencies, including the Armed

17 Forces, for salary, pay, and allowances of personnel as18 signed to it.

19 CONSUMER PRODUCT SAFETY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Consumer Product

22 Safety Commission, including hire of passenger motor ve23 hicles, services as authorized by 5 U.S.C. 3109, but at

24 rates for individuals not to exceed the per diem rate equiv25 alent to the rate for GS–18, purchase of nominal awards
461

HR 3019 IH

1 to recognize non-Federal officials’ contributions to Com2 mission activities, and not to exceed $500 for official re3 ception and representation expenses, $40,000,000.

4 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

5 NATIONAL AND COMMUNITY SERVICE PROGRAMS

6 OPERATING EXPENSES

7 For necessary expenses for the Corporation for Na8 tional and Community Service in carrying out the orderly

9 termination of programs, activities, and initiatives under

10 the National and Community Service Act of 1990, as

11 amended (Public Law 103–82), $15,000,000: Provided,

12 That such amount shall be utilized to resolve all respon13 sibilities and obligations in connection with said Corpora14 tion and the Corporation’s Office of Inspector General:

15 Provided further, That such amount shall cease to be avail16 able for obligation upon the date of implementation of title

17 IV of this Act, and any portion of such amount obligated

18 before such date shall be charged against the appropria19 tion made under this heading in title IV of this Act.

20 COURT OF VETERANS APPEALS

21 SALARIES AND EXPENSES

22 For necessary expenses for the operation of the

23 United States Court of Veterans Appeals as authorized

24 by 38 U.S.C. sections 7251–7292, $9,000,000, of which

25 not to exceed $678,000, to remain available until Septem-
462

HR 3019 IH

1 ber 30, 1997, shall be available for the purpose of provid2 ing financial assistance as described, and in accordance

3 with the process and reporting procedures set forth, under

4 this head in Public Law 102–229.

5 DEPARTMENT OF DEFENSE—CIVIL

6 CEMETERIAL EXPENSES, ARMY

7 SALARIES AND EXPENSES

8 For necessary expenses, as authorized by law, for

9 maintenance, operation, and improvement of Arlington

10 National Cemetery and Soldiers’ and Airmen’s Home Na11 tional Cemetery, and not to exceed $1,000 for official re12 ception and representation expenses; $11,946,000, to re13 main available until expended.

14 ENVIRONMENTAL PROTECTION AGENCY

15 SCIENCE AND TECHNOLOGY

16 For science and technology, including research and

17 development activities, which shall include research and

18 development activities under the Comprehensive Environ19 mental Response, Compensation and Liability Act of 1980

20 (CERCLA), as amended; necessary expenses for personnel

21 and related costs and travel expenses, including uniforms,

22 or allowances therefore, as authorized by 5 U.S.C. 5901–

23 5902; services as authorized by 5 U.S.C. 3109, but at

24 rates for individuals not to exceed the per diem rate equiv25 alent to the rate for GS–18; procurement of laboratory
463

HR 3019 IH

1 equipment and supplies; other operating expenses in sup2 port of research and development; construction, alteration,

3 repair, rehabilitation and renovation of facilities, not to

4 exceed $75,000 per project; $525,000,000, which shall re5 main available until September 30, 1997.

6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

7 For environmental programs and management, in8 cluding necessary expenses, not otherwise provided for, for

9 personnel and related costs and travel expenses, including

10 uniforms, or allowances therefore, as authorized by 5

11 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

12 3109, but at rates for individuals not to exceed the per

13 diem rate equivalent to the rate for GS–18; hire of pas14 senger motor vehicles; hire, maintenance, and operation

15 of aircraft; purchase of reprints; library memberships in

16 societies or associations which issue publications to mem17 bers only or at a price to members lower than to subscrib18 ers who are not members; construction, alteration, repair,

19 rehabilitation, and renovation of facilities, not to exceed

20 $75,000 per project; and not to exceed $6,000 for official

21 reception and representation expenses; $1,550,300,000,

22 which shall remain available until September 30, 1997:

23 Provided, That, notwithstanding any other provision of

24 law, for this fiscal year and hereafter, an industrial dis25 charger that is a pharmaceutical manufacturing facility

26 and discharged to the Kalamazoo Water Reclamation
464

HR 3019 IH

1 Plant (an advanced wastewater treatment plant with acti2 vated carbon) prior to the date of enactment of this Act

3 may be exempted from categorical pretreatment standards

4 under section 307(b) of the Federal Water Pollution Con5 trol Act, as amended, if the following conditions are met:

6 (1) The owner or operator of the Kalamazoo

7 Water Reclamation Plant applies to the State of

8 Michigan for an exemption for such industrial dis9 charger.

10 (2) The State or Administrator, as applicable,

11 approves such exemption request based upon a de12 termination that the Kalamazoo Water Reclamation

13 Plant will provide treatment and pollution removal

14 equivalent to or better than that which would be re15 quired through a combination of pretreatment by

16 such industrial discharger and treatment by the

17 Kalamazoo Water Reclamation Plant in the absence

18 of the exemption.

19 (3) Compliance with paragraph (2) is addressed

20 by the provisions and conditions of a permit issued

21 to the Kalamazoo Water Reclamation Plant under

22 section 402 of such Act, and there exists an opera23 tive financial contract between the City of Kala24 mazoo and the industrial user and an approved local

25 pretreatment program, including a joint monitoring
465

HR 3019 IH

1 program and local controls to prevent against inter2 ference and pass through.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, and for construction,

7 alteration, repair, rehabilitation, and renovation of facili8 ties, not to exceed $75,000 per project, $28,500,000.

9 BUILDINGS AND FACILITIES

10 For construction, repair, improvement, extension, al11 teration, and purchase of fixed equipment or facilities of,

12 or use by, the Environmental Protection Agency,

13 $60,000,000, to remain available until expended: Pro14 vided, That notwithstanding any other provision of law,

15 the Environmental Protection Agency (EPA) shall: (1)

16 transfer all real property acquired in Bay City, Michigan,

17 for the creation of the Center for Ecology, Research and

18 Training (CERT) to the City of Bay City or other local

19 public or municipal entity; and (2) make a grant in fiscal

20 year 1996 to the recipient of the property of not less than

21 $3,000,000 from funds previously appropriated for the

22 CERT project for the purposes of environmental remedi23 ation and rehabilitation of real property included in the

24 boundaries of the CERT project: Provided further, That

25 the disposition of property shall be by donation or no-cost

26 transfer and shall be made to the City of Bay City, Michi-
466

HR 3019 IH

1 gan or other local public or municipal entity: Provided fur2 ther, That notwithstanding any other provision of law,

3 EPA shall have the authority to demolish or dispose of

4 any improvements on such real property, or to donate, sell,

5 or transfer any personal property or improvements on

6 such real property to members of the general public, by

7 auction or public sale, and to apply any funds received

8 to costs related to the transfer of the real property author9 ized hereunder.

10 HAZARDOUS SUBSTANCE SUPERFUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out the Comprehen13 sive Environmental Response, Compensation and Liability

14 Act of 1980 (CERCLA), as amended, including sections

15 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611),

16 and for construction, alteration, repair, rehabilitation, and

17 renovation of facilities, not to exceed $75,000 per project;

18 not to exceed $1,163,400,000, to remain available until

19 expended, consisting of $913,400,000 as authorized by

20 section 517(a) of the Superfund Amendments and Reau21 thorization Act of 1986 (SARA), as amended by Public

22 Law 101–508, and $250,000,000 as a payment from gen23 eral revenues to the Hazardous Substance Superfund as

24 authorized by section 517(b) of SARA, as amended by

25 Public Law 101–508: Provided, That funds appropriated

26 under this heading may be allocated to other Federal
467

HR 3019 IH

1 agencies in accordance with section 111(a) of CERCLA:

2 Provided further, That $11,000,000 of the funds appro3 priated under this heading shall be transferred to the Of4 fice of Inspector General appropriation to remain available

5 until September 30, 1996: Provided further, That notwith6 standing section 111(m) of CERCLA or any other provi7 sion of law, not to exceed $59,000,000 of the funds appro8 priated under this heading shall be available to the Agency

9 for Toxic Substances and Disease Registry to carry out

10 activities described in sections 104(i), 111(c)(4), and

11 111(c)(14) of CERCLA and section 118(f) of the

12 Superfund Amendments and Reauthorization Act of 1986:

13 Provided further, That none of the funds appropriated

14 under this heading shall be available for the Agency for

15 Toxic Substances and Disease Registry to issue in excess

16 of 40 toxicological profiles pursuant to section 104(i) of

17 CERCLA during fiscal year 1996: Provided further, That

18 none of the funds made available under this heading may

19 be used by the Environmental Protection Agency to pro20 pose for listing or to list any additional facilities on the

21 National Priorities List established by section 105 of the

22 Comprehensive Environmental Response, Compensation

23 and Liability Act (CERCLA), as amended (42 U.S.C.

24 9605), unless the Administrator receives a written request

25 to propose for listing or to list a facility from the Governor
468

HR 3019 IH

1 of the State in which the facility is located, or unless legis2 lation to reauthorize CERCLA is enacted.

3 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out leaking under6 ground storage tank cleanup activities authorized by sec7 tion 205 of the Superfund Amendments and Reauthoriza8 tion Act of 1986, and for construction, alteration, repair,

9 rehabilitation, and renovation of facilities, not to exceed

10 $75,000 per project, $45,827,000, to remain available

11 until expended: Provided, That no more than $7,000,000

12 shall be available for administrative expenses: Provided

13 further, That $500,000 shall be transferred to the Office

14 of Inspector General appropriation to remain available

15 until September 30, 1996.

16 OIL SPILL RESPONSE

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary to carry out the Environ19 mental Protection Agency’s responsibilities under the Oil

20 Pollution Act of 1990, $15,000,000, to be derived from

21 the Oil Spill Liability trust fund, and to remain available

22 until expended: Provided, That not more than $8,000,000

23 of these funds shall be available for administrative ex24 penses.
469

HR 3019 IH

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolv4 ing funds and performance partnership grants,

5 $2,323,000,000, to remain available until expended, of

6 which $1,400,000,000 shall be for making capitalization

7 grants for State revolving funds to support water infra8 structure financing; $100,000,000 for architectural, engi9 neering, design, construction and related activities in con10 nection with the construction of high priority water and

11 wastewater facilities in the area of the United States-Mex12 ico Border, after consultation with the appropriate border

13 commission; $50,000,000 for grants to the State of Texas,

14 which shall be matched by an equal amount of State funds

15 from State resources, for the purpose of improving

16 wastewater treatment for colonias; $15,000,000 for grants

17 to the State of Alaska, subject to an appropriate cost

18 share as determined by the Administrator, to address

19 wastewater infrastructure needs of rural and Alaska Na20 tive villages; and $100,000,000 for making grants for the

21 construction of wastewater treatment facilities and the de22 velopment of groundwater in accordance with the terms

23 and conditions specified for such grants in the Conference

24 Report accompanying this Act (H.R. 2099): Provided,

25 That beginning in fiscal year 1996 and each fiscal year
470

HR 3019 IH

1 thereafter, and notwithstanding any other provision of

2 law, the Administrator is authorized to make grants annu3 ally from funds appropriated under this heading, subject

4 to such terms and conditions as the Administrator shall

5 establish, to any State or federally recognized Indian tribe

6 for multimedia or single media pollution prevention, con7 trol and abatement and related environmental activities at

8 the request of the Governor or other appropriate State of9 ficial or the tribe: Provided further, That from funds ap10 propriated under this heading, the Administrator may

11 make grants to federally recognized Indian governments

12 for the development of multimedia environmental pro13 grams: Provided further, That of the $1,400,000,000 for

14 capitalization grants for State revolving funds to support

15 water infrastructure financing, $275,000,000 shall be for

16 drinking water State revolving funds, but if no drinking

17 water State revolving fund legislation is enacted by June

18 1, 1996, these funds shall immediately be available for

19 making capitalization grants under title VI of the Federal

20 Water Pollution Control Act, as amended: Provided fur21 ther, That of the funds made available in Public Law 103–

22 327 and in Public Law 103–124 for capitalization grants

23 for State revolving funds to support water infrastructure

24 financing, $225,000,000 shall be made available for cap25 italization grants for State revolving funds under title VI
471

HR 3019 IH

1 of the Federal Water Pollution Control Act, as

2 amended, if no drinking water State revolving fund legisla3 tion is enacted by June 1, 1996: Provided further, That

4 of the funds made available under this heading for capital5 ization grants for State Revolving Funds under title VI

6 of the Federal Water Pollution Control Act, as amended,

7 $50,000,000 shall be for wastewater treatment in impov8 erished communities pursuant to section 102(d) of H.R.

9 961 as approved by the United States House of Represent10 atives on May 16, 1995: Provided further, That of the

11 funds appropriated in the Construction Grants and Water

12 Infrastructure/State Revolving Funds accounts since the

13 appropriation for the fiscal year ending September 30,

14 1992, and hereafter, for making grants for wastewater

15 treatment works construction projects, portions may be

16 provided by the recipients to States for managing con17 struction grant activities, on condition that the States

18 agree to reimburse the recipients from State funding

19 sources: Provided further, That the funds made available

20 in Public Law 103–327 for a grant to the City of Mt.

21 Arlington, New Jersey, in accordance with House Report

22 103–715, shall be available for a grant to that city for

23 water and sewer improvements.

24 ADMINISTRATIVE PROVISIONS

25 SEC. 301. None of the funds provided in this Act may

26 be used within the Environmental Protection Agency for
472

HR 3019 IH

1 any final action by the Administrator or her delegate for

2 signing and publishing for promulgation of a rule concern3 ing any new standard for radon in drinking water.

4 SEC. 302. None of the funds provided in this Act may

5 be used during fiscal year 1996 to sign, promulgate, im6 plement or enforce the requirement proposed as ‘‘Regula7 tion of Fuels and Fuel Additives: Individual Foreign Re8 finery Baseline Requirements for Reformulated Gasoline’’

9 at volume 59 of the Federal Register at pages 22800

10 through 22814.

11 SEC. 303. None of the funds appropriated to the En12 vironmental Protection Agency for fiscal year 1996 may

13 be used to implement section 404(c) of the Federal Water

14 Pollution Control Act, as amended. No pending action by

15 the Environmental Protection Agency to implement sec16 tion 404(c) with respect to an individual permit shall re17 main in effect after the date of enactment of this Act.

18 SEC. 304. None of the funds appropriated under this

19 Act may be used to implement the requirements of section

20 186(b)(2), section 187(b) or section 211(m) of the Clean

21 Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m))

22 with respect to any moderate nonattainment area in which

23 the average daily winter temperature is below 0 degrees

24 Fahrenheit. The preceding sentence shall not be inter25 preted to preclude assistance from the Environmental Pro-
473

HR 3019 IH

1 tection Agency to the State of Alaska to make progress

2 toward meeting the carbon monoxide standard in such

3 areas and to resolve remaining issues regarding the use

4 of oxygenated fuels in such areas.

5 EXECUTIVE OFFICE OF THE PRESIDENT

6 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

7 For necessary expenses of the Office of Science and

8 Technology Policy, in carrying out the purposes of the Na9 tional Science and Technology Policy, Organization, and

10 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

11 of passenger motor vehicles, services as authorized by 5

12 U.S.C. 3109, not to exceed $2,500 for official reception

13 and representation expenses, and rental of conference

14 rooms in the District of Columbia, $4,981,000: Provided,

15 That the Office of Science and Technology Policy shall

16 reimburse other agencies for not less than one-half of the

17 personnel compensation costs of individuals detailed to it.

18 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

19 ENVIRONMENTAL QUALITY

20 For necessary expenses to continue functions as21 signed to the Council on Environmental Quality and Office

22 of Environmental Quality pursuant to the National Envi23 ronmental Policy Act of 1969, the Environmental Im24 provement Act of 1970 and Reorganization Plan No. 1

25 of 1977, $1,500,000.
474

HR 3019 IH

1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 DISASTER RELIEF

3 For necessary expenses in carrying out the functions

4 of the Robert T. Stafford Disaster Relief and Emergency

5 Assistance Act (42 U.S.C. 5121 et seq.), $222,000,000,

6 to remain available until expended.

7 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

8 For the cost of direct loans, $2,155,000, as author9 ized by section 319 of the Robert T. Stafford Disaster Re10 lief and Emergency Assistance Act (42 U.S.C. 5121 et

11 seq.): Provided, That such costs, including the cost of

12 modifying such loans, shall be as defined in section 502

13 of the Congressional Budget Act of 1974, as amended:

14 Provided further, That these funds are available to sub15 sidize gross obligations for the principal amount of direct

16 loans not to exceed $25,000,000.

17 In addition, for administrative expenses to carry out

18 the direct loan program, $95,000.

19 SALARIES AND EXPENSES

20 For necessary expenses, not otherwise provided for,

21 including hire and purchase of motor vehicles (31 U.S.C.

22 1343); uniforms, or allowances therefor, as authorized by

23 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

24 3109, but at rates for individuals not to exceed the per

25 diem rate equivalent to the rate for GS–18; expenses of

26 attendance of cooperating officials and individuals at
475

HR 3019 IH

1 meetings concerned with the work of emergency prepared2 ness; transportation in connection with the continuity of

3 Government programs to the same extent and in the same

4 manner as permitted the Secretary of a Military Depart5 ment under 10 U.S.C. 2632; and not to exceed $2,500

6 for official reception and representation expenses;

7 $168,900,000.

8 OFFICE OF THE INSPECTOR GENERAL

9 For necessary expenses of the Office of the Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended, $4,673,000.

12 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

13 For necessary expenses, not otherwise provided for,

14 to carry out activities under the National Flood Insurance

15 Act of 1968, as amended, and the Flood Disaster Protec16 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

19 Hazards Reduction Act of 1977, as amended (42 U.S.C.

20 7701 et seq.), the Federal Fire Prevention and Control

21 Act of 1974, as amended (15 U.S.C. 2201 et seq.), the

22 Defense Production Act of 1950, as amended (50 U.S.C.

23 App. 2061 et seq.), sections 107 and 303 of the National

24 Security Act of 1947, as amended (50 U.S.C. 404–405),

25 and Reorganization Plan No. 3 of 1978, $203,044,000.
476

HR 3019 IH

1 EMERGENCY FOOD AND SHELTER PROGRAM

2 There is hereby appropriated $100,000,000 to the

3 Federal Emergency Management Agency to carry out an

4 emergency food and shelter program pursuant to title III

5 of Public Law 100–77, as amended: Provided, That total

6 administrative costs shall not exceed three and one-half

7 per centum of the total appropriation.

8 NATIONAL FLOOD INSURANCE FUND

9 For activities under the National Flood Insurance

10 Act of 1968, the Flood Disaster Protection Act of 1973,

11 and the National Flood Insurance Reform Act of 1994,

12 not to exceed $20,562,000 for salaries and expenses asso13 ciated with flood mitigation and flood insurance oper14 ations, and not to exceed $70,464,000 for flood mitigation,

15 including up to $12,000,000 for expenses under section

16 1366 of the National Flood Insurance Act of 1968, as

17 amended, which amount shall be available until September

18 30, 1997. In fiscal year 1996, no funds in excess of (1)

19 $47,000,000 for operating expenses, (2) $292,526,000 for

20 agents’ commissions and taxes, and (3) $3,500,000 for in21 terest on Treasury borrowings shall be available from the

22 National Flood Insurance Fund without prior notice to the

23 Committees on Appropriations.

24 ADMINISTRATIVE PROVISION

25 The Director of the Federal Emergency Management

26 Agency shall promulgate through rulemaking a methodol-
477

HR 3019 IH

1 ogy for assessment and collection of fees to be assessed

2 and collected beginning in fiscal year 1996 applicable to

3 persons subject to the Federal Emergency Management

4 Agency’s radiological emergency preparedness regulations.

5 The aggregate charges assessed pursuant to this section

6 during fiscal year 1996 shall approximate, but not be less

7 than, 100 per centum of the amounts anticipated by the

8 Federal Emergency Management Agency to be obligated

9 for its radiological emergency preparedness program for

10 such fiscal year. The methodology for assessment and col11 lection of fees shall be fair and equitable, and shall reflect

12 the full amount of costs of providing radiological emer13 gency planning, preparedness, response and associated

14 services. Such fees will be assessed in a manner that re15 flects the use of agency resources for classes of regulated

16 persons and the administrative costs of collecting such

17 fees. Fees received pursuant to this section shall be depos18 ited in the general fund of the Treasury as offsetting re19 ceipts. Assessment and collection of such fees are only au20 thorized during fiscal year 1996.

21 GENERAL SERVICES ADMINISTRATION

22 CONSUMER INFORMATION CENTER

23 For necessary expenses of the Consumer Information

24 Center, including services authorized by 5 U.S.C. 3109,

25 $2,061,000, to be deposited into the Consumer Informa-
478

HR 3019 IH

1 tion Center Fund: Provided, That the appropriations, rev2 enues and collections deposited into the fund shall be

3 available for necessary expenses of Consumer Information

4 Center activities in the aggregate amount of $7,500,000.

5 Administrative expenses of the Consumer Information

6 Center in fiscal year 1996 shall not exceed $2,602,000.

7 Appropriations, revenues, and collections accruing to this

8 fund during fiscal year 1996 in excess of $7,500,000 shall

9 remain in the fund and shall not be available for expendi10 ture except as authorized in appropriations Acts.

11 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

12 HUMAN SPACE FLIGHT

13 For necessary expenses, not otherwise provided for,

14 in the conduct and support of human space flight research

15 and development activities, including research; develop16 ment; operations; services; maintenance; construction of

17 facilities including repair, rehabilitation, and modification

18 of real and personal property, and acquisition or con19 demnation of real property, as authorized by law; space

20 flight, spacecraft control and communications activities in21 cluding operations, production, and services; and pur22 chase, lease, charter, maintenance, and operation of mis23 sion and administrative aircraft; $5,456,600,000, to re24 main available until September 30, 1997.
479

HR 3019 IH

1 SCIENCE, AERONAUTICS AND TECHNOLOGY

2 For necessary expenses, not otherwise provided for,

3 for the conduct and support of science, aeronautics, and

4 technology research and development activities, including

5 research; development; operations; services; maintenance;

6 construction of facilities including repair, rehabilitation

7 and modification of real and personal property, and acqui8 sition or condemnation of real property, as authorized by

9 law; space flight, spacecraft control and communications

10 activities including operations, production, and services;

11 and purchase, lease, charter, maintenance, and operation

12 of mission and administrative aircraft; $5,845,900,000, to

13 remain available until September 30, 1997.

14 MISSION SUPPORT

15 For necessary expenses, not otherwise provided for,

16 in carrying out mission support for human space flight

17 programs and science, aeronautical, and technology pro18 grams, including research operations and support; space

19 communications activities including operations, produc20 tion, and services; maintenance; construction of facilities

21 including repair, rehabilitation, and modification of facili22 ties, minor construction of new facilities and additions to

23 existing facilities, facility planning and design, environ24 mental compliance and restoration, and acquisition or con25 demnation of real property, as authorized by law; program

26 management; personnel and related costs, including uni-
480

HR 3019 IH

1 forms or allowances therefor, as authorized by law (5

2 U.S.C. 5901–5902); travel expenses; purchase, lease,

3 charter, maintenance, and operation of mission and ad4 ministrative aircraft; not to exceed $35,000 for official re5 ception and representation expenses; and purchase (not to

6 exceed thirty-three for replacement only) and hire of pas7 senger motor vehicles; $2,502,200,000, to remain avail8 able until September 30, 1997.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of the Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended, $16,000,000.

13 ADMINISTRATIVE PROVISIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 Notwithstanding the limitation on the availability of

16 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

17 aeronautics and technology’’, or ‘‘Mission support’’ by this

18 appropriations Act, when any activity has been initiated

19 by the incurrence of obligations for construction of facili20 ties as authorized by law, the amount available for such

21 activity shall remain available until expended. This provi22 sion does not apply to the amounts appropriated in ‘‘Mis23 sion support’’ pursuant to the authorization for repair, re24 habilitation and modification of facilities, minor construc25 tion of new facilities and additions to existing facilities,

26 and facility planning and design.
481

HR 3019 IH

1 Notwithstanding the limitation on the availability of

2 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

3 aeronautics and technology’’, or ‘‘Mission support’’ by this

4 appropriations Act, the amounts appropriated for con5 struction of facilities shall remain available until Septem6 ber 30, 1998.

7 Notwithstanding the limitation on the availability of

8 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

9 Inspector General’’, amounts made available by this Act

10 for personnel and related costs and travel expenses of the

11 National Aeronautics and Space Administration shall re12 main available until September 30, 1996 and may be used

13 to enter into contracts for training, investigations, cost as14 sociated with personnel relocation, and for other services,

15 to be provided during the next fiscal year.

16 The unexpired balances of prior appropriations to

17 NASA for activities for which funds are provided under

18 this Act may be transferred to the new account established

19 for the appropriation that provides funds for such activity

20 under this Act. Balances so transferred may be merged

21 with funds in the newly established account and thereafter

22 may be accounted for as one fund to be available for the

23 same purposes and under the same terms and conditions.

24 Upon the determination by the Administrator that

25 such action is necessary, the Administrator may, with the
482

HR 3019 IH

1 approval of the Office of Management and Budget, trans2 fer not to exceed $50,000,000 of funds made available in

3 this Act to the National Aeronautics and Space Adminis4 tration between such appropriations or any subdivision

5 thereof, to be merged with and to be available for the same

6 purposes, and for the same time period, as the appropria7 tion to which transferred: Provided, That such authority

8 to transfer may not be used unless for higher priority

9 items, based on unforeseen requirements, than those for

10 which originally appropriated: Provided further, That the

11 Administrator of the National Aeronautics and Space Ad12 ministration shall notify the Congress promptly of all

13 transfers made pursuant to this authority.

14 NATIONAL CREDIT UNION ADMINISTRATION

15 CENTRAL LIQUIDITY FACILITY

16 During fiscal year 1996, gross obligations of the

17 Central Liquidity Facility for the principal amount of new

18 direct loans to member credit unions as authorized by the

19 National Credit Union Central Liquidity Facility Act (12

20 U.S.C. 1795) shall not exceed $600,000,000: Provided,

21 That administrative expenses of the Central Liquidity Fa22 cility in fiscal year 1996 shall not exceed $560,000.
483

HR 3019 IH

1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 For necessary expenses in carrying out the purposes

4 of the National Science Foundation Act of 1950, as

5 amended (42 U.S.C. 1861–1875), and the Act to establish

6 a National Medal of Science (42 U.S.C. 1880–1881); serv7 ices as authorized by 5 U.S.C. 3109; maintenance and op8 eration of aircraft and purchase of flight services for re9 search support; acquisition of aircraft; $2,274,000,000, of

10 which not to exceed $235,000,000 shall remain available

11 until expended for Polar research and operations support,

12 and for reimbursement to other Federal agencies for oper13 ational and science support and logistical and other relat14 ed activities for the United States Antarctic program; the

15 balance to remain available until September 30, 1997:

16 Provided, That receipts for scientific support services and

17 materials furnished by the National Research Centers and

18 other National Science Foundation supported research fa19 cilities may be credited to this appropriation: Provided fur20 ther, That to the extent that the amount appropriated is

21 less than the total amount authorized to be appropriated

22 for included program activities, all amounts, including

23 floors and ceilings, specified in the authorizing Act for

24 those program activities or their subactivities shall be re25 duced proportionally.
484

HR 3019 IH

1 MAJOR RESEARCH EQUIPMENT

2 For necessary expenses in carrying out major con3 struction projects, and related expenses, pursuant to the

4 purposes of the National Science Foundation Act of 1950,

5 as amended (42 U.S.C. 1861–1875), $70,000,000, to re6 main available until expended.

7 ACADEMIC RESEARCH INFRASTRUCTURE

8 For necessary expenses in carrying out an academic

9 research infrastructure program pursuant to the purposes

10 of the National Science Foundation Act of 1950, as

11 amended (42 U.S.C. 1861–1875), including services as

12 authorized by 5 U.S.C. 3109 and rental of conference

13 rooms in the District of Columbia, $100,000,000, to re14 main available until September 30, 1997.

15 EDUCATION AND HUMAN RESOURCES

16 For necessary expenses in carrying out science and

17 engineering education and human resources programs and

18 activities pursuant to the purposes of the National Science

19 Foundation Act of 1950, as amended (42 U.S.C. 1861–

20 1875), including services as authorized by 5 U.S.C. 3109

21 and rental of conference rooms in the District of Colum22 bia, $599,000,000, to remain available until September

23 30, 1997: Provided, That to the extent that the amount

24 of this appropriation is less than the total amount author25 ized to be appropriated for included program activities, all

26 amounts, including floors and ceilings, specified in the au-
485

HR 3019 IH

1 thorizing Act for those program activities or their

2 subactivities shall be reduced proportionally.

3 SALARIES AND EXPENSES

4 For necessary salaries and expenses in carrying out

5 the purposes of the National Science Foundation Act of

6 1950, as amended (42 U.S.C. 1861–1875); services au7 thorized by 5 U.S.C. 3109; hire of passenger motor vehi8 cles; not to exceed $9,000 for official reception and rep9 resentation expenses; uniforms or allowances therefor, as

10 authorized by law (5 U.S.C. 5901–5902); rental of con11 ference rooms in the District of Columbia; reimbursement

12 of the General Services Administration for security guard

13 services; $127,310,000: Provided, That contracts may be

14 entered into under salaries and expenses in fiscal year

15 1996 for maintenance and operation of facilities, and for

16 other services, to be provided during the next fiscal year.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General in carrying out the provisions of the Inspector

20 General Act of 1978, as amended, $4,490,000, to remain

21 available until September 30, 1997.

22 NATIONAL SCIENCE FOUNDATION HEADQUARTERS

23 RELOCATION

24 For necessary support of the relocation of the Na25 tional Science Foundation, $5,200,000: Provided, That

26 these funds shall be used to reimburse the General Serv-
486

HR 3019 IH

1 ices Administration for services and related acquisitions

2 in support of relocating the National Science Foundation.

3 NEIGHBORHOOD REINVESTMENT CORPORATION

4 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

5 CORPORATION

6 For payment to the Neighborhood Reinvestment Cor7 poration for use in neighborhood reinvestment activities,

8 as authorized by the Neighborhood Reinvestment Corpora9 tion Act (42 U.S.C. 8101–8107), $38,667,000.

10 SELECTIVE SERVICE SYSTEM

11 SALARIES AND EXPENSES

12 For necessary expenses of the Selective Service Sys13 tem, including expenses of attendance at meetings and of

14 training for uniformed personnel assigned to the Selective

15 Service System, as authorized by law (5 U.S.C. 4101–

16 4118) for civilian employees; and not to exceed $1,000 for

17 official reception and representation expenses;

18 $22,930,000: Provided, That during the current fiscal

19 year, the President may exempt this appropriation from

20 the provisions of 31 U.S.C. 1341, whenever he deems such

21 action to be necessary in the interest of national defense:

22 Provided further, That none of the funds appropriated by

23 the Act may be expended for or in connection with the

24 induction of any person into the Armed Forces of the

25 United States.
487

HR 3019 IH

1 TITLE IV

2 CORPORATIONS

3 Corporations and agencies of the Department of

4 Housing and Urban Development which are subject to the

5 Government Corporation Control Act, as amended, are

6 hereby authorized to make such expenditures, within the

7 limits of funds and borrowing authority available to each

8 such corporation or agency and in accord with law, and

9 to make such contracts and commitments without regard

10 to fiscal year limitations as provided by section 104 of the

11 Act as may be necessary in carrying out the programs set

12 forth in the budget for 1996 for such corporation or agen13 cy except as hereinafter provided: Provided, That collec14 tions of these corporations and agencies may be used for

15 new loan or mortgage purchase commitments only to the

16 extent expressly provided for in this Act (unless such loans

17 are in support of other forms of assistance provided for

18 in this or prior appropriations Acts), except that this pro19 viso shall not apply to the mortgage insurance or guaranty

20 operations of these corporations, or where loans or mort21 gage purchases are necessary to protect the financial in22 terest of the United States Government.
488

HR 3019 IH

1 RESOLUTION TRUST CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 For necessary expenses of the Office of Inspector

4 General in carrying out the provisions of the Inspector

5 General Act of 1978, as amended, $11,400,000.

6 TITLE V

7 GENERAL PROVISIONS

8 SEC. 501. Where appropriations in titles I, II, and

9 III of this Act are expendable for travel expenses and no

10 specific limitation has been placed thereon, the expendi11 tures for such travel expenses may not exceed the amounts

12 set forth therefor in the budget estimates submitted for

13 the appropriations: Provided, That this section shall not

14 apply to travel performed by uncompensated officials of

15 local boards and appeal boards of the Selective Service

16 System; to travel performed directly in connection with

17 care and treatment of medical beneficiaries of the Depart18 ment of Veterans Affairs; to travel performed in connec19 tion with major disasters or emergencies declared or deter20 mined by the President under the provisions of the Robert

21 T. Stafford Disaster Relief and Emergency Assistance

22 Act; to travel performed by the Offices of Inspector Gen23 eral in connection with audits and investigations; or to

24 payments to interagency motor pools where separately set

25 forth in the budget schedules: Provided further, That if
489

HR 3019 IH

1 appropriations in titles I, II, and III exceed the amounts

2 set forth in budget estimates initially submitted for such

3 appropriations, the expenditures for travel may cor4 respondingly exceed the amounts therefor set forth in the

5 estimates in the same proportion.

6 SEC. 502. Appropriations and funds available for the

7 administrative expenses of the Department of Housing

8 and Urban Development and the Selective Service System

9 shall be available in the current fiscal year for purchase

10 of uniforms, or allowances therefor, as authorized by law

11 (5 U.S.C. 5901–5902); hire of passenger motor vehicles;

12 and services as authorized by 5 U.S.C. 3109.

13 SEC. 503. Funds of the Department of Housing and

14 Urban Development subject to the Government Corpora15 tion Control Act or section 402 of the Housing Act of

16 1950 shall be available, without regard to the limitations

17 on administrative expenses, for legal services on a contract

18 or fee basis, and for utilizing and making payment for

19 services and facilities of Federal National Mortgage Asso20 ciation, Government National Mortgage Association, Fed21 eral Home Loan Mortgage Corporation, Federal Financ22 ing Bank, Resolution Trust Corporation, Federal Reserve

23 banks or any member thereof, Federal Home Loan banks,

24 and any insured bank within the meaning of the Federal
490

HR 3019 IH

1 Deposit Insurance Corporation Act, as amended (12

2 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,

11 or is part of, a voucher or abstract which de12 scribes the payee or payees and the items or

13 services for which such expenditure is being

14 made, or

15 (B) the expenditure of funds pursuant to

16 such certification, and without such a voucher

17 or abstract, is specifically authorized by law;

18 and

19 (2) unless such expenditure is subject to audit

20 by the General Accounting Office or is specifically

21 exempt by law from such audit.

22 SEC. 506. None of the funds provided in this Act to

23 any department or agency may be expended for the trans24 portation of any officer or employee of such department

25 or agency between his domicile and his place of employ-
491

HR 3019 IH

1 ment, with the exception of any officer or employee au2 thorized such transportation under title 31, United States

3 Code, section 1344.

4 SEC. 507. None of the funds provided in this Act may

5 be used for payment, through grants or contracts, to re6 cipients that do not share in the cost of conducting re7 search resulting from proposals not specifically solicited

8 by the Government: Provided, That the extent of cost

9 sharing by the recipient shall reflect the mutuality of in10 terest of the grantee or contractor and the Government

11 in the research.

12 SEC. 508. None of the funds provided in this Act may

13 be used, directly or through grants, to pay or to provide

14 reimbursement for payment of the salary of a consultant

15 (whether retained by the Federal Government or a grant16 ee) at more than the daily equivalent of the rate paid for

17 Level IV of the Executive Schedule, unless specifically au18 thorized by law.

19 SEC. 509. None of the funds in this Act shall be used

20 to pay the expenses of, or otherwise compensate, non-Fed21 eral parties intervening in regulatory or adjudicatory pro22 ceedings. Nothing herein affects the authority of the

23 Consumer Product Safety Commission pursuant to section

24 7 of the Consumer Product Safety Act (15 U.S.C. 2056

25 et seq.).
492

HR 3019 IH

1 SEC. 510. Except as otherwise provided under exist2 ing law or under an existing Executive order issued pursu3 ant to an existing law, the obligation or expenditure of

4 any appropriation under this Act for contracts for any

5 consulting service shall be limited to contracts which are

6 (1) a matter of public record and available for public in7 spection, and (2) thereafter included in a publicly available

8 list of all contracts entered into within twenty-four months

9 prior to the date on which the list is made available to

10 the public and of all contracts on which performance has

11 not been completed by such date. The list required by the

12 preceding sentence shall be updated quarterly and shall

13 include a narrative description of the work to be per14 formed under each such contract.

15 SEC. 511. Except as otherwise provided by law, no

16 part of any appropriation contained in this Act shall be

17 obligated or expended by any executive agency, as referred

18 to in the Office of Federal Procurement Policy Act (41

19 U.S.C. 401 et seq.) for a contract for services unless such

20 executive agency (1) has awarded and entered into such

21 contract in full compliance with such Act and the regula22 tions promulgated thereunder, and (2) requires any report

23 prepared pursuant to such contract, including plans, eval24 uations, studies, analyses and manuals, and any report

25 prepared by the agency which is substantially derived from
493

HR 3019 IH

1 or substantially includes any report prepared pursuant to

2 such contract, to contain information concerning (A) the

3 contract pursuant to which the report was prepared, and

4 (B) the contractor who prepared the report pursuant to

5 such contract.

6 SEC. 512. Except as otherwise provided in section

7 506, none of the funds provided in this Act to any depart8 ment or agency shall be obligated or expended to provide

9 a personal cook, chauffeur, or other personal servants to

10 any officer or employee of such department or agency.

11 SEC. 513. None of the funds provided in this Act to

12 any department or agency shall be obligated or expended

13 to procure passenger automobiles as defined in 15 U.S.C.

14 2001 with an EPA estimated miles per gallon average of

15 less than 22 miles per gallon.

16 SEC. 514. Such sums as may be necessary for fiscal

17 year 1996 pay raises for programs funded by this Act shall

18 be absorbed within the levels appropriated in this Act.

19 SEC. 515. None of the funds appropriated in title I

20 of this Act shall be used to enter into any new lease of

21 real property if the estimated annual rental is more than

22 $300,000 unless the Secretary submits, in writing, a re23 port to the Committees on Appropriations of the Congress

24 and a period of 30 days has expired following the date
494

HR 3019 IH

1 on which the report is received by the Committees on Ap2 propriations.

3 SEC. 516. (a) PURCHASE OF AMERICAN-MADE

4 EQUIPMENT AND PRODUCTS.—It is the sense of the Con5 gress that, to the greatest extent practicable, all equip6 ment and products purchased with funds made available

7 in this Act should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing financial

9 assistance to, or entering into any contract with, any en10 tity using funds made available in this Act, the head of

11 each Federal agency, to the greatest extent practicable,

12 shall provide to such entity a notice describing the state13 ment made in subsection (a) by the Congress.

14 SEC. 517. None of the funds appropriated in this Act

15 may be used to implement any cap on reimbursements to

16 grantees for indirect costs, except as published in Office

17 of Management and Budget Circular A–21.

18 SEC. 518. None of the funds made available in this

19 Act may be used for any program, project, or activity,

20 when it is made known to the Federal entity or official

21 to which the funds are made available that the program,

22 project, or activity is not in compliance with any Federal

23 law relating to risk assessment, the protection of private

24 property rights, or unfunded mandates.
495

HR 3019 IH

1 SEC. 519. In fiscal year 1996, the Director of the

2 Federal Emergency Management Agency shall sell the dis3 aster housing inventory of mobile homes and trailers, and

4 the proceeds thereof shall be deposited in the Treasury.

5 SEC. 520. Such funds as may be necessary to carry

6 out the orderly termination of the Office of Consumer Af7 fairs shall be made available from funds appropriated to

8 the Department of Health and Human Services for fiscal

9 year 1996.

10 This Act may be cited as the ‘‘Departments of Veter11 ans Affairs and Housing and Urban Development, and

12 Independent Agencies Appropriations Act, 1996’’.

13 SEC. 102. Unless otherwise provided for in this title

14 of this Act or in the applicable appropriations Act, appro15 priations and funds made available and authority granted

16 pursuant to this title of this Act shall be available until

17 (a) the enactment into law of an appropriation for any

18 project or activity provided for in this title of this Act,

19 or (b) the enactment into law of the applicable appropria20 tions Act by both Houses without any provision for such

21 project or activity, or (c) September 30, 1996, whichever

22 first occurs.

23 SEC. 103. Appropriations made and authority grant24 ed pursuant to this title of this Act shall cover all obliga25 tions or expenditures incurred for any program, project,
496

HR 3019 IH

1 or activity during the period for which funds or authority

2 for such project or activity are available under this title

3 of this Act.

4 SEC. 104. Expenditures made pursuant to this title

5 of this Act shall be charged to the applicable appropria6 tion, fund, or authorization whenever a bill in which such

7 applicable appropriation, fund, or authorization is con8 tained is enacted into law.

9 SEC. 105. Upon enactment of this Act, the following

10 provisions of Public Law 104–99, Public Law 104–92, and

11 Public Law 104–91 that would continue to have effect

12 after March 15, 1996, are superseded: section 101 of Pub13 lic Law 104–92; section 101(a) of Public Law 104–91,

14 as amended, except the paragraphs dealing with funding

15 of National Institutes of Health activities and Centers for

16 Disease Control and Prevention activities, and except for

17 the general provisions enacted in the amendment to Public

18 Law 104–91 included in Public Law 104–99; and sections

19 123, 124, and 201 of Public Law 104–99.

20 SEC. 106. Section 119 of Public Law 104–99 is here21 by repealed.

22 SEC. 107. Title I of Public Law 104–52 is hereby

23 amended by deleting ‘‘, not to exceed $1,406,000,’’ under

24 the heading ‘‘CUSTOMS SERVICES AT SMALL AIRPORTS’’.
497

HR 3019 IH

1 SEC. 108. Title I of Public Law 104–52 is hereby

2 amended by adding the following new section under the

3 heading ‘‘ADMINISTRATIVE PROVISIONS—INTERNAL REV4 ENUE SERVICE’’:

5 ‘‘SEC. 3. The funds provided in this Act shall be used

6 to provide a level of service, staffing, and funding for Tax7 payer Services Division operations which is not less than

8 that provided in fiscal year 1995.’’.

9 SEC. 109. Title III of Public Law 104–52 is hereby

10 amended by adding the following proviso before the last

11 period under the heading ‘‘OFFICE OF NATIONAL DRUG

12 CONTROL POLICY, SALARIES AND EXPENSES’’: ‘‘: Provided,

13 That of the amounts available to the Counter-Drug Tech14 nology Assessment Center, no less than $1,000,000 shall

15 be dedicated to conferences on model state drug laws’’.

16 SEC. 110. Subsection (b) of section 347 of Public

17 Law 104–50 is hereby amended by inserting after ‘‘(4)

18 section 7204, relating to antidiscrimination;’’ the follow19 ing: ‘‘(5) chapter 71, relating to labor-management rela20 tions;’’ and by renumbering items (5), (6), and (7) as

21 items (6), (7), and (8) respectively.

22 SEC. 111. EXPLORTATION OF DRUGS AND DEVICES.

23 (a) REFERENCE.—Whenever in this section (other

24 than subsection (f)) an amendment or repeal is expressed

25 in terms of an amendment to, or repeal of, a section or
498

HR 3019 IH

1 other provision, the reference shall be considered to be

2 made to a section or other provision of the Federal Food,

3 Drug, and Cosmetic Act.

4 (b) SECTION 801(d).—Section 801(d) (21 U.S.C.

5 381(d)) is amended by adding at the end the following:

6 ‘‘(3) No component, part, or accessory of a drug (in7 cluding a biological product or a drug in bulk form), de8 vice, food, or food additive shall be excluded from importa9 tion into the United States under subsection (a), if such

10 component, part, or accessory will be incorporated into the

11 drug, device, food, or food additive that will be exported

12 from the United States in accordance with subsection

13 (e)(1) or section 802 or section 351(h) of the Public

14 Health Service Act. A person shall maintain a record of

15 the import and export of such drug, device, food, or food

16 additive.’’.

17 (c) SECTION 801(e)(1).—Section 801(e)(1) (21

18 U.S.C. 381(e)(1)) is amended—

19 (1) by amending the matter preceding subpara20 graph (A) to read as follows:

21 ‘‘(e)(1) A food, drug (including a biological product),

22 device, or cosmetic intended for export shall not be deemed

23 to be adulterated or misbranded, to be in violation of sec24 tion 404, 505, or 512, or to be an unlicensed biological
499

HR 3019 IH

1 product under section 351 of the Public Health Service

2 Act if—’’; and

3 (2) by striking the second sentence.

4 (d) SECTION 801(e)(2).—Section 801(e)(2) (21

5 U.S.C. 381(e)(2)) is amended to read as follows:

6 ‘‘(2) Any person who exports a drug or device

7 under this subsection or section 802 may request

8 that the Secretary certify in writing that the export

9 is legal upon a showing that the requirements for

10 the export of such drug or device have been satis11 fied. The Secretary shall issue such a written export

12 certification within 10 days of the receipt of a re13 quest for such certification. A fee for such certifi14 cation may be charged but shall not exceed $100 for

15 each. The fees shall be retained by the agency to be

16 used to cover expenses.

17 (e) SECTION 802.—Section 802 (21 U.S.C. 382) is

18 amended to read as follows:

19 ‘‘SEC. 802. (a) A drug (including a biological prod20 uct) intended for human or animal use or a device in21 tended for human use—

22 ‘‘(1) which, in the case of a drug—

23 ‘‘(A)(i) requires approval by the Secretary

24 under section 505 or section 512 before it may
500

HR 3019 IH

1 be introduced or delivered for introduction into

2 interstate 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

6 the Act of March 4, 1913 (known as the Virus7 Serum Toxin Act) before it may be introduced

8 or delivered for introduction into interstate

9 commerce; and

10 ‘‘(B) does not have such approval or li11 cense, which is not exempt from such sections

12 or Act, and which is introduced or delivered for

13 introduction into interstate commerce, or

14 ‘‘(2) which, in the case of a device—

15 ‘‘(A) does not comply with an applicable

16 requirement under section 514 or 515,

17 ‘‘(B) is exempt from section 514 or 515

18 under section 520(g), or

19 ‘‘(C) is a banned device under section 516,

20 may only be exported under subsection (b) or (c).

21 ‘‘(b) Except as otherwise provided in this section, a

22 drug (including a biological product) or device, referred

23 to in subsection (a), may be exported to any country, if

24 the drug or device complies with the laws in any of the

25 following—
501

HR 3019 IH

1 ‘‘(1) Australia, Canada, Israel, Japan. New

2 Zealand, Switzerland, or South Africa; or

3 ‘‘(2) a country in the European Union or a

4 country in the European Economic Area (the coun5 tries in the European Union and the European Free

6 Trade Association and where such drug, device, food

7 or food additive is exported for the purpose of mar8 keting, the drug, device, food or food additive has

9 valid marketing authorization by the appropriate ap10 proval authority from the country in which it shall

11 be marketed.

12 ‘‘(c)(1) A person who intends to export an unap13 proved drug (including a biological product) or device not

14 eligible for export under subsection (b) shall submit to the

15 Secretary a notification of intent to export which shall—

16 ‘‘(A) identify the drug or device to be exported

17 and the intended use of the product in the county

18 to which it is to be exported; and

19 ‘‘(B) contain a certification by such person that

20 such person will export the drug or device only to a

21 country where the drug or device is permitted for

22 general use, investigational research, or non-clinical

23 experimental research.

24 ‘‘(2) Within 45 days of the receipt under paragraph

25 (1) of a notification of an intent to export, the Secretary
502

HR 3019 IH

1 shall issue to the person who submitted such notice an

2 order denying the request for export if—

3 ‘‘(A) the notification does not meet the require4 ments of paragraph (1); or

5 ‘‘(B) the proposed intended use of the exported

6 drug or device poses an imminent hazard to the

7 health of individuals, taking into account the risks

8 of not using the product in diagnosis or treatment,

9 and the finding of such hazard is based upon credi10 ble scientific evidence.

11 If the Secretary does not respond to such a notice within

12 45 days of its receipt, the person who submitted such no13 tice may proceed with the export of the drug or device

14 covered by such notice.

15 ‘‘(3) if the Secretary denies a request for export of

16 a drug or device under paragraph (2), the Secretary shall

17 immediately prohibit the export of the drug or device and

18 afford such person an opportunity for an informal hearing

19 on the denial. If the denial is based upon a finding of im20 minent hazard, such informal hearing shall be before the

21 Commissioner and the Secretary may not delegate the au22 thority of the Commissioner.

23 ‘‘(d) A drug or device intended for formulation, fill24 ing, packaging, labeling, or other processing in anticipa25 tion of market authorization in any country described in
503

HR 3019 IH

1 subsection (b) may be exported in accordance with the

2 laws of that country.’’.

3 ‘‘(f) PARTIALLY PROCESSED BIOLOGICAL PROD4 UCTS.—Subsection (h) of section 351 of the Public Health

5 Service Act (42 U.S.C. 262) is amended to read as follows:

6 ‘‘(h) A partially-processed biological product which—

7 ‘‘(1) is not in a form applicable to the preven8 tion, treatment, or cure of diseases or injuries of

9 man;

10 ‘‘(2) is not intended for sale in the United

11 States; and

12 ‘‘(3) is intended for further manufacture into

13 final dosage form outside the United States,

14 shall be subject to no restriction on the export of the prod15 uct under this Act or the Federal Food, Drug, and Cos16 metic Act (21 U.S.C. 321 et seq.) if the product meets

17 the requirements of section 801(e)(1) of the Federal Food,

18 Drug, and Cosmetic Act (21 U.S.C. 381(e)(1)).’’.
504

HR 3019 IH

1 TITLE II

2 EMERGENCY PEACEKEEPING APPROPRIATIONS

3 CHAPTER I

4 DEPARTMENT OF STATE

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 For an additional amount for ‘‘Diplomatic and Con8 sular Programs’’ to provide for administrative expenses re9 lated to activities in Bosnia and Herzegovina, $2,000,000,

10 notwithstanding section 15 of the State Department Basic

11 Authorities Act of 1956: Provided, That the entire amount

12 is designated by Congress as an emergency requirement

13 pursuant to section 251(b)(2)(D)(i) of the Balanced

14 Budget and Emergency Deficit Control Act of 1985, as

15 amended.

16 RELATED AGENCIES

17 UNITED STATES INFORMATION AGENCY

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’, $1,000,000, to remain available until expended,

21 to be used for United States Information Agency activities

22 in Bosnia and Herzegovina, notwithstanding section 701

23 of the United States Information and Educational Ex24 change Act of 1948: Provided, That the entire amount is

25 designated by Congress as an emergency requirement pur-
505

HR 3019 IH

1 suant to section 251(b)(2)(D)(i) of the Balanced Budget

2 and Emergency Deficit Control Act of 1985, as amended.

3 CHAPTER II

4 FOREIGN OPERATIONS, EXPORT FINANCING,

5 AND RELATED PROGRAMS

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 AGENCY FOR INTERNATIONAL DEVELOPMENT

8 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

9 STATES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For an additional amount for ‘‘Assistance for East12 ern Europe and the Baltic States’’ for Bosnia and

13 Herzegovina, including demining assistance,

14 $197,000,000, to remain available until December 31,

15 1996: Provided, That of the funds appropriated under this

16 heading by this Act that are made available for the eco17 nomic revitalization program in Bosnia and Herzegovina,

18 not less than 75 percent shall be obligated and expended

19 for programs, projects, and activities, within the sector as20 signed to American forces of the military Implementation

21 Force (IFOR) established by the North Atlantic Council

22 pursuant to the General Framework Agreement for Peace

23 in Bosnia and Herzegovina: Provided further, That none

24 of the funds appropriated under this heading by this Act

25 shall be made available for the construction of new hous-
506

HR 3019 IH

1 ing or residences in Bosnia and Herzegovina: Provided

2 further, That not to exceed $5,000,000 of the funds appro3 priated under this heading in Public Law 104–107 may

4 be transferred to ‘‘Debt Restructuring’’ to be made avail5 able only for the cost, as defined in section 502 of the

6 Congressional Budget Act of 1974, of modifying direct

7 loans and loan guarantees, notwithstanding any other pro8 vision of law: Provided further, That $5,000,000 shall be

9 transferred to ‘‘Foreign Military Financing Program’’ for

10 demining activities for Bosnia and Herzegovina: Provided

11 further, That $2,000,000 of the funds appropriated under

12 this heading in Public Law 104–107 shall be transferred

13 to ‘‘Operating Expenses of the Agency for International

14 Development’’ for administrative expenses: Provided fur15 ther, That the additional amount appropriated herein is

16 designated by Congress as an emergency requirement pur17 suant to section 251(b)(2)(D)(i) of the Balanced Budget

18 and Emergency Deficit Control Act of 1985, as amended:

19 Provided further, That, notwithstanding any other provi20 sion of law including any provision of Public Law 104–

21 107, funds appropriated under this heading by this Act

22 that are made available for economic revitalization shall

23 not be available for obligation and expenditure unless the

24 President determines and certifies to the Congress that

25 the Government of the Federation of Bosnia and
507

HR 3019 IH

1 Herzegovina has substantially complied with article III of

2 Annex 1–A of the General Framework Agreement for

3 Peace in Bosnia and Herzegovina concerning the with4 drawal of foreign forces, including advisers, freedom fight5 ers, trainers, volunteers, and personnel from neighboring

6 and other nations: Provided further, That with regard to

7 funds appropriated under this heading by this Act (and

8 local currencies generated by such funds) that are made

9 available for economic revitalization, the Administrator of

10 the Agency for International Development shall provide

11 written approval for grants and loans prior to the obliga12 tion and expenditure of funds for such purposes: Provided

13 further, That with regard to funds appropriated under this

14 heading by this Act (and local currencies generated by

15 such funds) that are made available for economic revital16 ization, the Administrator of the Agency for International

17 Development shall provide written approval for the use of

18 funds that have been returned or repaid to any lending

19 facility and grantee under the economic revitalization pro20 gram prior to the use of such returned or repaid funds.

21 MILITARY ASSISTANCE

22 FOREIGN MILITARY FINANCING PROGRAM

23 For an additional amount for ‘‘Foreign Military Fi24 nancing Program’’ for grants for Jordan pursuant to sec25 tion 23 of the Arms Export Control Act, $70,000,000:
508

HR 3019 IH

1 Provided, That such funds may be used for Jordan to fi2 nance transfers by lease of defense articles under chapter

3 6 of such Act.

4 EXPORT AND INVESTMENT ASSISTANCE

5 EXPORT-IMPORT BANK OF THE UNITED STATES

6 SUBSIDY APPROPRIATION

7 (RESCISSION)

8 Of the unobligated balances available under this

9 heading, $41,000,000 are rescinded.

10 CHAPTER III

11 DEPARTMENT OF DEFENSE

12 MILITARY CONSTRUCTION

13 For an additional amount for ‘‘North Atlantic Treaty

14 Organization Security Investment Program’’, $37,500,000

15 to remain available until expended: Provided, That the

16 Secretary of Defense may make additional contributions

17 for the North Atlantic Treaty Organization as provided

18 in section 2806 of title 10, United States Code: Provided

19 further, That such amount is designated by Congress as

20 an emergency requirement pursuant to section

21 251(b)(2)(D)(i) of the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended.
509

HR 3019 IH

1 CHAPTER IV

2 DEPARTMENT OF DEFENSE—MILITARY

3 MILITARY PERSONNEL

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel,

6 Army’’, $262,200,000, Provided, That such amount is des7 ignated by Congress as an emergency requirement pursu8 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

9 Emergency Deficit Control Act of 1985, as amended.

10 MILITARY PERSONNEL, NAVY

11 For an additional amount for ‘‘Military Personnel,

12 Navy’’, $11,800,000: Provided, That such amount is des13 ignated by Congress as an emergency requirement pursu14 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

15 Emergency Deficit Control Act of 1985, as amended.

16 MILITARY PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Military Personnel,

18 Marine Corps’’, $2,700,000: Provided, That such amount

19 is designated by Congress as an emergency requirement

20 pursuant to section 251(b)(2)(D)(i) of the Balanced

21 Budget and Emergency Deficit Control Act of 1985, as

22 amended.

23 MILITARY PERSONNEL, AIR FORCE

24 For an additional amount for ‘‘Military Personnel,

25 Air Force’’, $33,700,000: Provided, That such amount is
510

HR 3019 IH

1 designated by Congress as an emergency requirement pur2 suant to section 251(b)(2)(D)(i) of the Balanced Budget

3 and Emergency Deficit Control Act of 1985, as amended.

4 OPERATION AND MAINTENANCE

5 OPERATION AND MAINTENANCE, ARMY

6 For an additional amount for ‘‘Operation and Main7 tenance, Army’’, $235,200,000: Provided, That such

8 amount is designated by Congress as an emergency re9 quirement pursuant to section 251(b)(2)(D)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985,

11 as amended.

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps’’, $900,000: Provided, That such

15 amount is designated by Congress as an emergency re16 quirement pursuant to section 251(b)(2)(D)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985,

18 as amended.

19 OPERATION AND MAINTENANCE, AIR FORCE

20 For an additional amount for ‘‘Operation and Main21 tenance, Air Force’’, $130,200,000: Provided, That such

22 amount is designated by Congress as an emergency re23 quirement pursuant to section 251(b)(2)(D)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985,

25 as amended.
511

HR 3019 IH

1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Main3 tenance, Defense-Wide’’, $79,800,000: Provided, That

4 such amount is designated by Congress as an emergency

5 requirement pursuant to section 251(b)(2)(D)(i) of the

6 Balanced Budget and Emergency Deficit Control Act of

7 1985, as amended.

8 PROCUREMENT

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement,

11 Air Force’’, $26,000,000: Provided, That such amount is

12 designated by Congress as an emergency requirement pur13 suant to section 251(b)(2)(D)(i) of the Balanced Budget

14 and Emergency Deficit Control Act of 1985, as amended.

15 RESCISSIONS

16 PROCUREMENT

17 MISSILE PROCUREMENT, AIR FORCE

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 103–335, $310,000,000 are rescinded.

21 OTHER PROCUREMENT, AIR FORCE

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–335, $265,000,000 are rescinded.
512

HR 3019 IH

1 RESEARCH, DEVELOPMENT, TEST AND

2 EVALUATION

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 ARMY

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 104–61, $9,750,000 are rescinded: Provided,

8 That this reduction shall be applied proportionally to each

9 budget activity, activity group and subactivity group and

10 each program, project, and activity within this appropria11 tion account.

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

13 NAVY

14 (RESCISSION)

15 Of the funds made available under this heading in

16 Public Law 104–61, $17,500,000 are rescinded: Provided,

17 That this reduction shall be applied proportionally to each

18 budget activity, activity group and subactivity group and

19 each program, project, and activity within this appropria20 tion account.

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 AIR FORCE

23 (RESCISSIONS)

24 Of the funds made available under this heading in

25 Public Law 103–335, $245,000,000 are rescinded.
513

HR 3019 IH

1 Of the funds made available under this heading in

2 Public Law 104–61, $22,450,000 are rescinded: Provided,

3 That this reduction shall be applied proportionally to each

4 budget activity, activity group and subactivity group and

5 each program, project, and activity within this appropria6 tion account.

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

8 DEFENSE-WIDE

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 104–61, $20,300,000 are rescinded: Provided,

12 That this reduction shall be applied proportionally to each

13 budget activity, activity group and subactivity group and

14 each program, project, and activity within this appropria15 tion account: Provided further, That no reduction may be

16 taken against the funds made available to the Department

17 of Defense for Ballistic Missile Defense.

18 GENERAL PROVISIONS—THIS CHAPTER

19 (TRANSFER OF FUNDS)

20 SEC. 2001. Section 8005 of the Department of De21 fense Appropriations Act, 1996 (Public Law 104–61), is

22 amended by striking out ‘‘$2,400,000,000’’ and inserting

23 in lieu thereof ‘‘$3,400,000,000’’.
514

HR 3019 IH

1 CHAPTER V

2 GENERAL PROVISIONS—THIS TITLE

3 SEC. 2002. No part of any appropriation contained

4 in this title shall remain available for obligation beyond

5 the current fiscal years unless expressly so provided here6 in.

7 TITLE III

8 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

9 CHAPTER I

10 DEPARTMENT OF AGRICULTURE

11 NATURAL RESOURCES CONSERVATION SERVICE

12 WATERSHED AND FLOOD PREVENTION OPERATIONS

13 For an additional amount for ‘‘Watershed and flood

14 prevention operations’’ to repair damage to waterways and

15 watersheds resulting from flooding in the Pacific North16 west, Northeast blizzards and floods, and other natural

17 disasters, $73,200,000, to remain available until ex18 pended: Provided, That the entire amount is designated

19 by Congress as an emergency requirement pursuant to

20 section 251(b)(2)(D)(i) of the Balanced Budget and

21 Emergency Deficit Control Act of 1985, as amended.

22 CONSOLIDATED FARM SERVICE AGENCY

23 EMERGENCY CONSERVATION PROGRAM

24 For an additional amount for ‘‘Emergency conserva25 tion program’’ for expenses resulting from flooding in the
515

HR 3019 IH

1 Pacific Northwest, Northeast blizzards and floods, and

2 other natural disasters, $24,800,000, to remain available

3 until expended: Provided, That the entire amount is des4 ignated by Congress as an emergency requirement pursu5 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended.

7 EMERGENCY LIVESTOCK FEED ASSISTANCE PROGRAM

8 Notwithstanding any other provision of law, for ex9 penses resulting from flooding in the Pacific Northwest

10 and other natural disasters, not to exceed $10,000,000 of

11 Commodity Credit Corporation funds shall be available

12 until expended for implementation of cost sharing under

13 provisions consistent with the Emergency Livestock Feed

14 Assistance Program: Provided, That the entire amount is

15 designated by Congress as an emergency requirement pur16 suant to section 251(b)(2)(D)(i) of the Balanced Budget

17 and Emergency Deficit Control Act of 1985, as amended.

18 RURAL HOUSING AND COMMUNITY DEVELOPMENT

19 SERVICE

20 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

21 For an additional amount for ‘‘Rural housing insur22 ance fund program account’’ for the additional cost of di23 rect loans, including the cost of modifying loans as defined

24 in section 502 of the Congressional Budget Act of 1974,

25 for emergency expenses resulting from flooding in the Pa-
516

HR 3019 IH

1 cific Northwest, Northeast blizzards and floods, Hurricane

2 Marilyn, and other natural disasters, to be available from

3 funds in the rural housing insurance fund as follows:

4 $6,500,000 for section 502 direct loans and section 504

5 housing repair loans, to remain available until expended:

6 Provided, That the entire amount is designated by Con7 gress as an emergency requirement pursuant to section

8 251(b)(2)(D)(i) of the Balanced Budget and Emergency

9 Deficit Control Act of 1985, as amended.

10 VERY LOW-INCOME HOUSING REPAIR GRANTS

11 For an additional amount for ‘‘Very low-income hous12 ing repair grants’’ under section 504 of the Housing Act

13 of 1949, as amended, for emergency expenses resulting

14 from flooding in the Pacific Northwest, Northeast bliz15 zards and floods, Hurricane Marilyn, and other natural

16 disasters, $1,100,000, to remain available until expended:

17 Provided, That the entire amount is designated by Con18 gress as an emergency requirement pursuant to section

19 251(b)(2)(D)(i) of the Balanced Budget and Emergency

20 Deficit Control Act of 1985, as amended.

21 RURAL UTILITIES SERVICE

22 EMERGENCY COMMUNITY WATER ASSISTANCE PROGRAM

23 For an additional amount for ‘‘Emergency commu24 nity water assistance program’’ for emergency expenses

25 resulting from flooding in the Pacific Northwest, North26 east blizzards and floods, and other natural disasters,
517

HR 3019 IH

1 $5,000,000, to remain available until expended, for the

2 cost of emergency community water assistance grants, as

3 authorized by 7 U.S.C. 1926b: Provided, That the entire

4 amount is designated by Congress as an emergency re5 quirement pursuant to section 251(b)(2)(D)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985,

7 as amended.

8 RURAL UTILITIES ASSISTANCE PROGRAM

9 For an additional amount for ‘‘Rural utilities assist10 ance program’’ for the additional cost of direct loans and

11 grants, including the cost of modifying loans as defined

12 in section 502 of the Congressional Budget Act of 1974,

13 for emergency expenses resulting from flooding in the Pa14 cific Northwest, Northeast blizzards and floods, and other

15 natural disasters, $6,000,000, to remain available until ex16 pended: Provided, That the entire amount is designated

17 by Congress as an emergency requirement pursuant to

18 section 251(b)(2)(D)(i) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, as amended.

20 CHAPTER II

21 SMALL BUSINESS ADMINISTRATION

22 DISASTER LOANS PROGRAM ACCOUNT

23 For an additional amount for ‘‘Disaster Loans Pro24 gram Account’’ for the cost of direct loans authorized by

25 section 7(b) of the Small Business Act, as amended,

26 $72,300,000, to remain available until expended: Pro-
518

HR 3019 IH

1 vided, That such costs, including the cost of modifying

2 such loans, shall be as defined in section 502 of the Con3 gressional Budget Act of 1974: Provided further, That the

4 entire amount is designated by Congress as an emergency

5 requirement pursuant to section 251(b)(2)(D)(i) of the

6 Balanced Budget and Emergency Deficit Control Act of

7 1985, as amended.

8 For an additional amount for administrative expenses

9 directly related to carrying out the disaster loan program,

10 $27,700,000, to remain available until expended: Pro11 vided, That these funds shall be available only upon notifi12 cation to the Committees on Appropriations of the House

13 of Representatives and the Senate in accordance with

14 standard reprogramming procedures: Provided further,

15 That the entire amount is designated by Congress as an

16 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 CHAPTER III

20 DEPARTMENT OF DEFENSE—CIVIL

21 DEPARTMENT OF THE ARMY

22 CORPS OF ENGINEERS—CIVIL

23 OPERATION AND MAINTENANCE, GENERAL

24 For an additional amount for ‘‘Operation and Main25 tenance, General’’, for the Northeast and Northwest floods
519

HR 3019 IH

1 of 1996, $30,000,000, to remain available until expended:

2 Provided, 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 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For an additional amount for ‘‘Flood Control and

8 Coastal Emergencies’’, for the Northeast and Northwest

9 floods of 1996 and other disasters, and to replenish funds

10 transferred pursuant to Public Law 84–99, $135,000,000,

11 to remain available until expended: Provided, That the en12 tire amount is designated by Congress as an emergency

13 requirement pursuant to section 251(b)(D)(2)(i) of the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985, as amended.

16 DEPARTMENT OF THE INTERIOR

17 BUREAU OF RECLAMATION

18 CONSTRUCTION PROGRAM

19 For an additional amount for ‘‘Construction Pro20 gram’’, $9,000,000, to remain available until expended:

21 Provided, That the entire amount is designated by Con22 gress as an emergency requirement pursuant to section

23 251(b)(D)(2)(i) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended.
520

HR 3019 IH

1 DEPARTMENT OF ENERGY

2 POWER MARKETING ADMINISTRATIONS

3 CONSTRUCTION, REHABILITATION, OPERATION AND

4 MAINTENANCE, WESTERN AREA POWER ADMINIS5 TRATION

6 (TRANSFER OF FUNDS)

7 $5,500,000 of funds appropriated under this heading

8 in the Energy and Water Development Appropriations

9 Act, 1995 (Public Law 103–316), shall be transferred to

10 the appropriation account ‘‘Operation and Maintenance,

11 Alaska Power Administration’’, to remain available until

12 expended, only for necessary termination expenses.

13 CHAPTER IV

14 DEPARTMENT OF THE INTERIOR

15 BUREAU OF LAND MANAGEMENT

16 CONSTRUCTION AND ACCESS

17 For an additional amount for ‘‘Construction and Ac18 cess’’, $4,242,000, to remain available until expended, to

19 repair roads, culverts, bridges, facilities, fish and wildlife

20 protective structures, and recreation sites damaged by the

21 Pacific Northwest floods and other natural disasters: Pro22 vided, That Congress hereby designates this amount as an

23 emergency requirement pursuant to section

24 251(b)(2)(D)(i) of the Balanced Budget and Emergency

25 Deficit Control Act of 1985, as amended.
521

HR 3019 IH

1 OREGON AND CALIFORNIA GRANT LANDS

2 For an additional amount for ‘‘Oregon and California

3 Grant Lands’’, $19,548,000, to remain available until ex4 pended, to repair roads, culverts, bridges, facilities, fish

5 and wildlife protective structures, and recreation sites

6 damaged by the Pacific Northwest floods and other natu7 ral disasters: Provided, That Congress hereby designates

8 this amount as an emergency requirement pursuant to sec9 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985, as amended.

11 UNITED STATES FISH AND WILDLIFE SERVICE

12 CONSTRUCTION

13 For an additional amount for ‘‘Construction’’,

14 $20,505,000, to remain available until expended, to make

15 repairs necessitated by hurricanes, floods and other natu16 ral disasters: Provided, That Congress hereby designates

17 this amount as an emergency requirement pursuant to sec18 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985, as amended.

20 NATIONAL PARK SERVICE

21 CONSTRUCTION

22 For an additional amount for ‘‘Construction’’,

23 $33,601,000, to remain available until expended, to make

24 repairs necessitated by hurricanes, floods and other natu25 ral disasters: Provided, That Congress hereby designates
522

HR 3019 IH

1 this amount as an emergency requirement pursuant to sec2 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985, as amended.

4 UNITED STATES GEOLOGICAL SURVEY

5 SURVEYS, INVESTIGATIONS, AND RESEARCH

6 For an additional amount for ‘‘Surveys, Investiga7 tions, and Research’’, $1,176,000, to remain available

8 until September 30, 1997, for expenses necessitated by

9 hurricanes, floods and other natural disasters: Provided,

10 That Congress hereby designates this amount as an emer11 gency requirement pursuant to section 251(b)(2)(D)(i) of

12 the Balanced Budget and Emergency Deficit Control Act

13 of 1985, as amended.

14 BUREAU OF INDIAN AFFAIRS

15 OPERATION OF INDIAN PROGRAMS

16 For an additional amount for ‘‘Operation of Indian

17 Programs’’, $500,000, to remain available until Septem18 ber 30, 1997, for emergency operations and repairs neces19 sitated by winter floods: Provided, That Congress hereby

20 designates this amount as an emergency requirement pur21 suant to section 251(b)(2)(D)(i) of the Balanced Budget

22 and Emergency Deficit Control Act of 1985, as amended.

23 CONSTRUCTION

24 For an additional amount for ‘‘Construction’’,

25 $9,428,000, to remain available until expended, for emer26 gency repairs necessitated by floods in the Pacific North-
523

HR 3019 IH

1 west and other natural disasters: Provided, That Congress

2 hereby designates this amount as an emergency require3 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

4 Budget and Emergency Deficit Control Act of 1985, as

5 amended.

6 TERRITORIAL AND INTERNATIONAL AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For an additional amount for ‘‘Assistance to Terri9 tories’’, $2,000,000, to remain available until expended,

10 for recovery efforts necessitated by Hurricane Marilyn:

11 Provided, That Congress hereby designates this amount

12 as an emergency requirement pursuant to section

13 251(b)(2)(D)(i) of the Balanced Budget and Emergency

14 Deficit Control Act of 1985, as amended.

15 DEPARTMENT OF AGRICULTURE

16 FOREST SERVICE

17 NATIONAL FOREST SYSTEM

18 For an additional amount for ‘‘National Forest Sys19 tem’’, $20,000,000, to remain available until September

20 30, 1997, for expenses necessitated by floods and other

21 natural disasters: Provided, That Congress hereby des22 ignates this amount as an emergency requirement pursu23 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

24 Emergency Deficit Control Act of 1985, as amended.
524

HR 3019 IH

1 CONSTRUCTION

2 For an additional amount for ‘‘Construction’’,

3 $60,000,000, to remain available until expended, for ex4 penses necessitated by floods and other natural disasters:

5 Provided, That Congress hereby designates this amount

6 as an emergency requirement pursuant to section

7 251(b)(2)(D)(i) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985, as amended: Provided further,

9 That $20,000,000 of this amount shall be available only

10 to the extent an official budget request, for a specific dol11 lar amount, that includes designation of the entire amount

12 of the request as an emergency requirement pursuant to

13 section 251(b)(2)(D)(i) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985, as amended, is

15 transmitted by the President to the Congress.

16 CHAPTER V

17 DEPARTMENT OF TRANSPORTATION

18 FEDERAL HIGHWAY ADMINISTRATION

19 FEDERAL-AID HIGHWAYS

20 (HIGHWAY TRUST FUND)

21 For the Emergency Fund authorized by section 125

22 of title 23, United States Code, to cover expenses arising

23 from the January 1996 flooding in the Mid-Atlantic,

24 Northeast, and Northwest States, and other disasters,

25 $267,000,000, to be derived from the Highway Trust

26 Fund and to remain available until expended: Provided,
525

HR 3019 IH

1 That such amount is designated by Congress as an emer2 gency requirement pursuant to section 251(b)(2)(D)(i) of

3 the Balanced Budget and Emergency Deficit Control Act

4 of 1985, as amended.

5 DEPARTMENT OF TRANSPORTATION

6 FEDERAL TRANSIT ADMINISTRATION

7 MASS TRANSIT CAPITAL ACCOUNT

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (HIGHWAY TRUST FUND)

10 For an additional amount for payment of obligations

11 incurred in carrying out 49 U.S.C. 5338(b) administered

12 by the Federal Transit Administration, $375,000,000, to

13 be derived from the Highway Trust Fund and to remain

14 available until expended.

15 OTHER INDEPENDENT AGENCIES

16 PANAMA CANAL COMMISSION

17 PANAMA CANAL REVOLVING FUND

18 For an additional amount for administrative ex19 penses, $2,000,000, to be derived from the Panama Canal

20 Revolving Fund.

21 CHAPTER VI

22 FEDERAL EMERGENCY MANAGEMENT AGENCY

23 DISASTER RELIEF

24 (INCLUDING TRANSFER OF FUNDS)

25 For an additional amount for ‘‘Disaster Relief’’,

26 $150,000,000, to remain available until expended, which,
526

HR 3019 IH

1 in whole or in part, may be transferred to the Disaster

2 Assistance Direct Loan Program Account for the cost of

3 direct loans as authorized under section 417 of the Robert

4 T. Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5121 et seq.): Provided further, That such

6 transfer may be made to subsidize gross obligations for

7 the principal amount of direct loans not to exceed

8 $170,000,000 under section 417 of the Stafford Act: Pro9 vided further, That any such transfer of funds shall be

10 made only upon certification by the Director of the Fed11 eral Emergency Management Agency that all require12 ments of section 417 of the Stafford Act will be complied

13 with: Provided further, That the entire amount of this ap14 propriation shall be available only to the extent that an

15 official budget request for a specific dollar amount, that

16 includes designation of the entire amount of the request

17 as an emergency requirement as defined in the Balanced

18 Budget and Emergency Deficit Control Act of 1985, as

19 amended, is transmitted by the President to Congress:

20 Provided further, That the entire amount is designated by

21 Congress as an emergency requirement pursuant to sec22 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, as amended.
527

HR 3019 IH

1 CHAPTER VII

2 GENERAL PROVISIONS—THIS TITLE

3 SEC. 3002. No part of any appropriation contained

4 in this title shall remain available for obligation beyond

5 the current fiscal year unless expressly so provided herein.

6 TITLE IV

7 CONTINGENT SUPPLEMENTAL

8 APPROPRIATIONS

9 CHAPTER I

10 DEPARTMENT OF COMMERCE

11 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

12 INDUSTRIAL TECHNOLOGY SERVICES

13 For an additional amount for the Advanced Tech14 nology Program, $100,000,000, to remain available until

15 expended: Provided, That amounts made available under

16 this heading may be used only for the purpose of providing

17 continuation grants for projects awarded in fiscal year

18 1994 and prior years and related administrative expenses:

19 Provided further, That none of the funds made available

20 under this heading may be used for the purpose of carry21 ing out additional program competitions under the Ad22 vanced Technology Program.
528

HR 3019 IH

1 DEPARTMENT OF STATE

2 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

3 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

4 For an additional amount for ‘‘Contributions to

5 International Organizations’’, $158,000,000, subject to

6 the same terms and conditions as provided in the Depart7 ment of State and Related Agencies Appropriations Act,

8 1996: Provided, That 50 percent of the funds appropriated

9 in this paragraph shall be withheld from obligation and

10 expenditure unless the Secretary of State certifies that the

11 United Nations has taken no action that would cause the

12 United Nations to exceed its no-growth budget for the bi13 ennium 1996–1997 adopted in December, 1995.

14 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

15 ACTIVITIES

16 For an additional amount for ‘‘Contributions for

17 International Peacekeeping Activities’’, $200,000,000,

18 subject to the same terms and conditions as provided in

19 the Department of State and Related Agencies Appropria20 tions Act, 1996.

21 CHAPTER II

22 DEPARTMENT OF LABOR

23 EMPLOYMENT AND TRAINING ADMINISTRATION

24 TRAINING AND EMPLOYMENT SERVICES

25 For an additional amount for ‘‘Training and Employ26 ment Services’’, $111,800,000, of which $84,300,000 for
529

HR 3019 IH

1 title II, part A, of the Job Training Partnership Act shall

2 be available for obligation for the period July 1, 1996

3 through June 30, 1997 and $27,500,000 for the School4 to-Work Opportunities Act shall be available for obligation

5 for the period July 1, 1996, through September 30, 1997.

6 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

7 SERVICE OPERATIONS

8 For an additional amount for ‘‘State Unemployment

9 Insurance and Employment Service Operations’’,

10 $33,000,000 to be available for obligation for the period

11 July 1, 1996 through June 30, 1997.

12 DEPARTMENT OF HEALTH AND HUMAN

13 SERVICES

14 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

15 ADMINISTRATION

16 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

17 For an additional amount for ‘‘Substance Abuse and

18 Mental Health Services’’, $100,000,000 for carrying out

19 title XIX of the Public Health Service Act with respect

20 to substance abuse services.

21 DEPARTMENT OF EDUCATION

22 EDUCATION REFORM

23 For an additional amount for ‘‘Education Reform’’,

24 $389,500,000 for carrying out activities authorized by the

25 Goals 2000: Educate America Act and titles II and III

26 of the School-to-Work Opportunities Act which shall be-
530

HR 3019 IH

1 come available on July 1, 1996 and remain available

2 through September 30, 1997: Provided, That none of the

3 funds appropriated under this heading shall be obligated

4 or expended to carry out section 304(a)(2)(A) of the Goals

5 2000: Educate America Act.

6 EDUCATION FOR THE DISADVANTAGED

7 For an additional amount for ‘‘Education for the Dis8 advantaged’’, $961,000,000 for carrying out title I of the

9 Elementary and Secondary Education Act of 1965 which

10 shall become available on July 1, 1996 and remain avail11 able through September 30, 1997: Provided, That

12 $461,000,000 shall be available for basic grants under sec13 tion 1124, which shall be allocated without regard to sec14 tion 1124(d): Provided further, That $500,000,000 shall

15 be available for concentration grants under section

16 1124(A): Provided further, That no funds shall be reserved

17 under section 1003(a).

18 SCHOOL IMPROVEMENT PROGRAMS

19 For an additional amount for ‘‘School Improvement

20 Programs’’, $12,000,000 for carrying out title X of the

21 Elementary and Secondary Education Act of 1965.

22 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

23 For an additional amount for ‘‘Education Research,

24 Statistics, and Improvement’’, $23,000,000 for carrying

25 out section 3136 (K–12 technology learning challenges) of

26 the Elementary and Secondary Education Act of 1965.
531

HR 3019 IH

1 CHAPTER III

2 DEPARTMENT OF VETERANS AFFAIRS

3 DEPARTMENTAL ADMINISTRATION

4 CONSTRUCTION, MAJOR PROJECTS

5 For an additional amount for ‘‘Construction, Major

6 Projects’’, $70,100,000, to remain available until ex7 pended.

8 DEPARTMENT OF HOUSING AND URBAN

9 DEVELOPMENT

10 HOUSING PROGRAMS

11 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

12 For an additional amount for ‘‘Annual Contributions

13 for Assisted Housing’’, $150,000,000, to remain available

14 until expended: Provided, That of the total amount pro15 vided, $75,000,000 shall be made available, as authorized

16 by section 202 of the Housing Act of 1959; and

17 $75,000,000 shall be for supportive housing for persons

18 with disabilities, as authorized by section 811 of the Cran19 ston-Gonzalez National Affordable Housing Act.

20 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION,

21 AND REPLACEMENT HOUSING GRANTS

22 For an additional amount for ‘‘Public Housing Dem23 olition, Site Revitalization, and Replacement Housing

24 Grants’’, $220,000,000, to remain available until ex25 pended.
532

HR 3019 IH

1 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

2 PROJECTS

3 For an additional amount for ‘‘Payments for Oper4 ation of Low-Income Housing Projects’’, $50,000,000.

5 COMMUNITY PLANNING AND DEVELOPMENT

6 COMMUNITY DEVELOPMENT GRANTS

7 Of the amount provided under this heading in title

8 I of this Act, $80,000,000 shall be available for Economic

9 Development Initiative grants as authorized by section

10 108(q) of the Housing and Community Development Act

11 of 1974, as amended, on a competitive basis.

12 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

13 NATIONAL AND COMMUNITY SERVICE PROGRAMS

14 OPERATING EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 Upon the implementation of title IV of this Act, not17 withstanding the language under this heading in title I

18 of this Act or any other provision of law, effective October

19 1, 1995, and throughout the remainder of fiscal year

20 1996, appropriations made available to the Corporation

21 for National and Community Services are in toto as pro22 vided for in title IV of this Act as follows:

23 For necessary expenses for the Corporation for Na24 tional and Community Service (referred to in the matter

25 under this heading as the ‘‘Corporation’’) in carrying out

26 programs, activities, and initiatives under the National
533

HR 3019 IH

1 and Community Service Act of 1990 (referred to in the

2 matter under this heading as the ‘‘Act’’) (42 U.S.C. 12501

3 et seq.), $383,500,000, of which $234,000,000 shall be

4 available for obligation from September 1, 1996, through

5 September 30, 1997: Provided, That not more than

6 $25,000,000 shall be available for administrative expenses

7 authorized under section 501(a)(4) of the Act (42 U.S.C.

8 12681(a)(4)): Provided further, That not more than

9 $2,500 shall be for official reception and representation

10 expenses: Provided further, That not more than

11 $59,000,000, to remain available without fiscal year limi12 tation, shall be transferred to the National Service Trust

13 account for educational awards authorized under subtitle

14 D of title I of the Act (42 U.S.C. 12601 et seq.): Provided

15 further, That not more than $175,000,000 of the amount

16 provided under this heading shall be available for grants

17 under the National Service Trust program authorized

18 under subtitle C of title I of the Act (42 U.S.C. 12571

19 et seq.) (relating to activities including the AmeriCorps

20 program): Provided further, That not more than

21 $3,500,000 of the funds made available under this head22 ing shall be made available for the Points of Light Foun23 dation for activities authorized under title III of the Act

24 (42 U.S.C. 12661 et seq.): Provided further, That not

25 more than $40,000,000 of the funds made available under
534

HR 3019 IH

1 this heading may be used to administer, reimburse, or sup2 port any national service program authorized under sec3 tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), and

4 none of such funds shall be available for national service

5 programs run by Federal agencies authorized under sec6 tion 121(b) of such Act (42 U.S.C. 12581(b)): Provided

7 further, That, to the maximum extent feasible, funds ap8 propriated in the preceding proviso shall be provided in

9 a manner that is consistent with the recommendations of

10 peer review panels in order to assure that priority is given

11 to programs that demonstrate quality, innovation,

12 replicability, and sustainability: Provided further, That not

13 more than $18,000,000 of the funds made available under

14 this heading shall be available for the National Civilian

15 Community Corps authorized under subtitle E of title I

16 of the Act (42 U.S.C. 12611 et seq.): Provided further,

17 That not more than $43,000,000 shall be available for

18 school-based and community-based service-learning pro19 grams authorized under subtitle B of title I of the Act

20 (42 U.S.C. 12521 et seq.): Provided further, That not

21 more than $15,000,000 shall be available for quality and

22 innovation activities authorized under subtitle H of title

23 I of the Act (42 U.S.C. 12653 et seq.): Provided further,

24 That not more than $5,000,000 shall be available for au25 dits and other evaluations authorized under section 179
535

HR 3019 IH

1 of the Act (42 U.S.C. 12639), of which up to $500,000

2 shall be available for a study by the National Academy

3 of Public Administration on the structure, organization,

4 and management of the Corporation and activities sup5 ported by the Corporation, including an assessment of the

6 quality, innovation, replicability and sustainability without

7 Federal funds of such activities, and the Federal and non8 Federal cost of supporting participants in community

9 service activities: Provided further, That no funds from

10 any other appropriation, or from funds otherwise made

11 available to the Corporation, shall be used to pay for per12 sonnel compensation and benefits, travel, or any other ad13 ministrative expense for the Board of Directors, the Office

14 of the Chief Executive Officer, the Office of the Managing

15 Director, the Office of the Chief Financial Officer, the Of16 fice of National and Community Service Programs, the Ci17 vilian Community Corps, or any field office or staff of the

18 Corporation working on the National and Community

19 Service or National Civilian Community Corps programs:

20 Provided further, That to the maximum extent practicable,

21 the Corporation shall increase significantly the level of

22 matching funds and in-kind contributions provided by the

23 private sector, shall expand significantly the number of

24 educational awards provided under subtitle D of title I,
536

HR 3019 IH

1 and shall reduce the total Federal cost per participant in

2 all programs.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out provisions of the Inspector Gen6 eral Act of 1978, $2,000,000.

7 ENVIRONMENTAL PROTECTION AGENCY

8 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

9 For an additional amount for ‘‘Environmental Pro10 grams and Management’’, $150,000,000, to remain avail11 able until September 30, 1997: Provided, That up to

12 $40,000,000 of this amount shall be available for enforce13 ment activities under this heading.

14 BUILDING AND FACILITIES

15 For an additional amount for ‘‘Buildings and Facili16 ties’’, $50,000,000 for the construction of a new consoli17 dated research facility at Research Triangle Park, North

18 Carolina, to remain available until expended: Provided,

19 That notwithstanding any other provision of law, the En20 vironmental Protection Agency is authorized to establish

21 and construct a consolidated research facility at Research

22 Triangle Park, North Carolina, at a maximum total con23 struction cost of $232,000,000, and to obligate such mon24 ies as are made available by this Act, and hereafter, for

25 this purpose.
537

HR 3019 IH

1 HAZARDOUS SUBSTANCE SUPERFUND

2 For an additional amount for ‘‘Hazardous Substance

3 Superfund’’, $100,000,000, to remain available until ex4 pended.

5 STATE AND TRIBAL ASSISTANCE GRANTS

6 For an additional amount for ‘‘State and Tribal As7 sistance Grants’’, $3,500,000, to remain available until ex8 pended for a grant for water distribution systems in the

9 South Buffalo/Kittaning, Pennsylvania area.

10 EXECUTIVE OFFICE OF THE PRESIDENT

11 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

12 ENVIRONMENTAL QUALITY

13 For an additional amount for ‘‘Council on Environ14 mental Quality and Office of Environmental Quality’’,

15 $500,000, subject to the same terms and conditions as

16 provided under this heading in title I of this Act.

17 NATIONAL SCIENCE FOUNDATION

18 RESEARCH AND RELATED ACTIVITIES

19 For an additional amount for ‘‘Research and Related

20 Activities’’, $40,000,000, to remain available until Sep21 tember 30, 1997.
538

HR 3019 IH

1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 FUND

4 PROGRAM ACCOUNT

5 For grants, loans, and technical assistance to qualify6 ing community development financial institutions, and ad7 ministrative expenses of the Fund, $25,000,000, to re8 main available until September 30, 1997: Provided, That

9 of the funds made available under this heading not to ex10 ceed $4,000,000 may be used for the cost of direct loans,

11 and not to exceed $400,000 may be used for administra12 tive expenses to carry out the direct loan program: Pro13 vided further, That the cost of direct loans, including the

14 cost of modifying such loans, shall be defined as in section

15 502 of the Congressional Budget Act of 1974: Provided

16 further, That such funds are available to subsidize gross

17 obligation of the principal amount of direct loans not to

18 exceed $15,800,000: Provided further, That none of these

19 funds shall be used to supplement existing resources pro20 vided to the Department for activities such as external af21 fairs, general counsel, administration, finance, or office of

22 inspector general: Provided further, That none of these

23 funds shall be available for expenses of an Administrator

24 as defined in section 104 of the Community Development

25 Banking and Financial Institutions Act of 1994 (CDBFI
539

HR 3019 IH

1 Act): Provided further, That the number of staff funded

2 under this heading shall not exceed 10 full-time equiva3 lents: Provided further, That notwithstanding any other

4 provision of law, for purposes of administering the Com5 munity Development Financial Institutions Fund, the Sec6 retary of the Treasury shall have all powers and rights

7 of the Administrator of the CDBFI Act and the Fund

8 shall be within the Department of the Treasury.

9 CHAPTER IV

10 GENERAL PROVISIONS—THIS TITLE

11 SEC. 4001. No part of any appropriation contained

12 in this title shall remain available for obligation beyond

13 the current fiscal year unless expressly so provided herein.

14 SEC. 4002. Amounts appropriated in this title are

15 available for obligation only if and when legislation is en16 acted that specifically addresses the availability of these

17 amounts and that (1) makes available or causes to be

18 made available to the Committees on Appropriations of

19 the House and Senate increased budget authority and out20 lays for fiscal year 1996 under the provisions of section

21 302(a) or 602(a) of the Congressional Budget Act of 1974

22 in at least the amounts included in this title, (2) credits

23 to or causes to be credited to the budget authority and

24 outlays for fiscal year 1996 of the Committees on Appro25 priations of the House and Senate under the provisions
540

HR 3019 IH

1 of section 302(a) or 602(a) of the Congressional Budget

2 Act of 1974 offsetting savings or receipts in at least the

3 amounts included in this title, or (3) includes any com4 bination of increased budget authority and outlays or cred5 iting of offsetting savings or receipts to the spending au6 thority for fiscal year 1996 of the Committees on Appro7 priations of the House and Senate under the provisions

8 of section 302(a) or 602(a) of the Congressional Budget

9 Act of 1974 in at least the amounts included in this title.

10 Any amounts appropriated in this title that have not been

11 made available for obligation by the end of the fiscal year

12 1996 are hereby rescinded.

13 This Act may be cited as the ‘‘Balanced Budget

14 Down Payment Act, II.’’

Æ

HR 3019 IH——2

HR 3019 IH——3

HR 3019 IH——4

HR 3019 IH——5

HR 3019 IH——6

HR 3019 IH——7

HR 3019 IH——8

HR 3019 IH——9

HR 3019 IH——10

HR 3019 IH——11
541

HR 3019 IH

HR 3019 IH——12

HR 3019 IH——13

HR 3019 IH——14

HR 3019 IH——15

HR 3019 IH——16

HR 3019 IH——17

HR 3019 IH——18

HR 3019 IH——19

HR 3019 IH——20

HR 3019 IH——21

HR 3019 IH——22

HR 3019 IH——23

HR 3019 IH——24

HR 3019 IH——25

HR 3019 IH——26

HR 3019 IH——27

HR 3019 IH——28

HR 3019 IH——29

HR 3019 IH——30

HR 3019 IH——31

HR 3019 IH——32

HR 3019 IH——33

HR 3019 IH——34

HR 3019 IH——35