II

Calendar No. 184

104TH CONGRESS

1ST SESSION H. R. 2076

[Report No. 104–139]

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 12 (legislative day, SEPTEMBER 5), 1995

Reported by Mr. GRAMM, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Departments of Commerce,

Justice, and State, the Judiciary, and related agencies

for the fiscal year ending September 30, 1996, and for

other purposes.

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, for the

5 fiscal year ending September 30, 1996, and for other pur6 poses, namely:
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1 TITLE I—DEPARTMENT OF JUSTICE

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the

5 Department of Justice, $74,282,000; including not to ex6 ceed $3,317,000 for the Facilities Program 2000, and in7 cluding $5,000,000 for management and oversight of Im8 migration and Naturalization Service activities, both sums

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

10 exceed 45 permanent positions and full-time equivalent

11 workyears and $7,477,000 shall be expended for the Depart12 ment Leadership program: Provided further, That not to

13 exceed 76 permanent positions and 90 full-time equivalent

14 workyears and $9,487,000 shall be expended for the Execu15 tive Support program: Provided further, That the two afore16 mentioned programs shall not be augmented by personnel

17 details, temporary transfers of personnel on either a reim18 bursable or non-reimbursable basis or any other type of for19 mal or informal transfer or reimbursement of personnel or

20 funds on either a temporary or long-term basis.

21 (TRANSFER OF FUNDS)

22 For the Joint Automated Booking Station,

23 $11,000,000 shall be made available until expended, to be

24 derived by transfer from unobligated balances of the Work25 ing Capital Fund in the Department of Justice.
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1 POLICE CORPS

2 For police corps grants authorized by Public Law 103-

3 322, $10,000,000, to remain available until expended,

4 which shall be derived from the Violent Crime Reduction

5 Trust Fund.

6 COUNTERTERRORISM FUND

7 For necessary expenses, as determined by the Attor8 ney General, $26,898,000, to remain available until ex9 pended, to reimburse any Department of Justice organiza10 tion for (1) the costs incurred in reestablishing the oper11 ational capability of an office or facility which has been

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

13 Alfred P. Murrah Federal Building in Oklahoma City or

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

15 costs of providing support to counter, investigate or pros16 ecute domestic or international terrorism, including pay17 ment of rewards in connection with these activities, and

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

19 of Federal agencies and their facilities: Provided, That

20 funds provided under this section shall be available only

21 after the Attorney General notifies the Committees on Ap22 propriations of the House of Representatives and the Sen23 ate in accordance with section 605 of this Act.
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1 ADMINISTRATIVE REVIEW AND APPEALS

2 For expenses necessary for the administration of par3 don and clemency petitions and immigration related activi4 ties, $39,736,000 $72,319,000.

5 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

6 REVIEW AND APPEALS

7 For activities authorized by sections 130005 and sec8 tion 130007 of Public Law 103–322, $47,780,000

9 $14,347,000, to remain available until expended, which

10 shall be derived from the Violent Crime Reduction Trust

11 Fund.

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector

14 General in carrying out the provisions of the Inspector

15 General Act of 1978, as amended, $30,484,000; including

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

17 a confidential character, to be expended under the direc18 tion of, and to be accounted for solely under the certificate

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

20 maintenance and operation of motor vehicles without re21 gard to the general purchase price limitation.

22 UNITED STATES PAROLE COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Parole

25 Commission as authorized by law, $5,446,000.
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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses necessary for the legal activities of the

4 Department of Justice, not otherwise provided for, includ5 ing activities authorized by title X of the Civil Rights Act

6 of 1964, and including not to exceed $20,000 for expenses

7 of collecting evidence, to be expended under the direction

8 of, and to be accounted for solely under the certificate of,

9 the Attorney General; and rent of private or Government10 owned space in the District of Columbia; $401,929,000

11 $431,660,000; of which not to exceed $10,000,000 for liti12 gation support contracts shall remain available until ex13 pended: Provided, That of the funds available in this ap14 propriation, not to exceed $22,618,000 shall remain avail15 able until expended for office automation systems for the

16 legal divisions covered by this appropriation, and for the

17 United States Attorneys, the Antitrust Division, and of18 fices funded through ‘‘Salaries and Expenses’’, General

19 Administration: Provided further, That of the total amount

20 appropriated, not to exceed $1,000 shall be available to

21 the United States National Central Bureau, INTERPOL,

22 for official reception and representation expenses: Pro23 vided further, That notwithstanding 31 U.S.C. 1342, the

24 Attorney General may accept on behalf of the United

25 States and credit to this appropriation, gifts of money,
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1 personal property and services, for the purpose of hosting

2 the International Criminal Police Organization’s

3 (INTERPOL) American Regional Conference in the Unit4 ed States during fiscal year 1996.

5 In addition, for reimbursement of expenses of the De6 partment of Justice associated with processing cases

7 under the National Childhood Vaccine Injury Act of 1986,

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

9 Vaccine Injury Compensation Trust Fund, as authorized

10 by section 6601 of the Omnibus Budget Reconciliation

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

12 1289).

13 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

14 ACTIVITIES

15 For the expeditious deportation of denied asylum ap16 plicants, as authorized by section 130005 of Public Law

17 103–322, $7,591,000 $2,991,000, to remain available until

18 expended, which shall be derived from the Violent Crime

19 Reduction Trust Fund.

20 SALARIES AND EXPENSES, ANTITRUST DIVISION

21 For expenses necessary for the enforcement of anti22 trust and kindred laws, $69,143,000: Provided, That not23 withstanding any other provision of law, not to exceed

24 $48,262,000 of offsetting collections derived from fees col25 lected for premerger notification filings under the Hart26 Scott-Rodino Antitrust Improvements Act of 1976 (15
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1 U.S.C. 18(a)) shall be retained and used for necessary ex2 penses in this appropriation, and shall remain available

3 until expended: Provided further, That the sum herein ap4 propriated from the General Fund shall be reduced as

5 such offsetting collections are received during fiscal year

6 1996, so as to result in a final fiscal year 1996 appropria7 tion from the General Fund estimated at not more than

8 $20,881,000: Provided further, That any fees received in

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

10 available until expended, but shall not be available for obli11 gation until October 1, 1996.

12 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

13 For necessary expenses of the Office of the United

14 States Attorneys, including intergovernmental agree15 ments, $896,825,000 $920,537,000, of which not to exceed

16 $2,500,000 shall be available until September 30, 1997

17 for the purposes of (1) providing training of personnel of

18 the Department of Justice in debt collection, (2) providing

19 services to the Department of Justice related to locating

20 debtors and their property, such as title searches, debtor

21 skiptracing, asset searches, credit reports and other inves22 tigations, (3) paying the costs of the Department of Jus23 tice for the sale of property not covered by the sale pro24 ceeds, such as auctioneers’ fees and expenses, maintenance

25 and protection of property and businesses, advertising and

26 title search and surveying costs, and (4) paying the costs
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1 of processing and tracking debts owed to the United

2 States Government: Provided, That of the total amount

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

4 official reception and representation expenses: Provided

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

6 available for automated litigation support contracts and

7 $4,000,000 for security equipment shall remain available

8 until expended.

9 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

10 ATTORNEYS

11 For activities authorized by sections 190001(d),

12 40114 and 130005 of Public Law 103–322, $14,731,000,

13 to remain available until expended, which shall be derived

14 from the Violent Crime Reduction Trust Fund, of which

15 $5,000,000 shall be available to help meet increased de16 mands for litigation and related activities, $500,000 to im17 plement a program to appoint additional Federal Victim’s

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

19 denied asylum applicants.

20 For activities authorized by sections 190001(b) and

21 190001(d) of Public Law 103–322, $30,000,000, to remain

22 available until expended, which shall be derived from the

23 Violent Crime Reduction Trust Fund.

24 UNITED STATES TRUSTEE SYSTEM FUND

25 For the necessary expenses of the United States

26 Trustee Program, $101,596,000 $103,183,000, as author-
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1 ized by 28 U.S.C. 589a(a), to remain available until ex2 pended, for activities authorized by section 115 of the

3 Bankruptcy Judges, United States Trustees, and Family

4 Farmer Bankruptcy Act of 1986 (Public Law 99–554),

5 which shall be derived from the United States Trustee

6 System Fund: Provided, That deposits to the Fund are

7 available in such amounts as may be necessary to pay re8 funds due depositors: Provided further, That, notwith9 standing any other provision of law, not to exceed

10 $44,191,000 of offsetting collections derived from fees col11 lected pursuant to section 589a(f) of title 28, United

12 States Code, as amended, shall be retained and used for

13 necessary expenses in this appropriation: Provided further,

14 That the $101,596,000 $103,183,000 herein appropriated

15 from the United States Trustee System Fund shall be re16 duced as such offsetting collections are received during fis17 cal year 1996, so as to result in a final fiscal year 1996

18 appropriation from such Fund estimated at not more than

19 $57,405,000 $58,992,000: Provided further, That any of

20 the aforementioned fees collected in excess of $44,191,000

21 in fiscal year 1996 shall remain available until expended,

22 but shall not be available for obligation until October 1,

23 1996.
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1 SALARIES AND EXPENSES, FOREIGN CLAIMS

2 SETTLEMENT COMMISSION

3 For expenses necessary to carry out the activities of

4 the Foreign Claims Settlement Commission, including

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

6 $905,000.

7 SALARIES AND EXPENSES, UNITED STATES MARSHALS

8 SERVICE

9 For necessary expenses of the United States Mar10 shals Service; including the acquisition, lease, mainte11 nance, and operation of vehicles and aircraft, and the pur12 chase of passenger motor vehicles for police-type use with13 out regard to the general purchase price limitation for the

14 current fiscal year; $418,973,000 $439,639,000, as author15 ized by 28 U.S.C. 561(i), of which not to exceed $6,000

16 shall be available for official reception and representation

17 expenses.

18 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

19 MARSHALS SERVICE

20 For activities authorized by section 190001(b) of

21 Public Law 103–322, $25,000,000 $15,000,000, to remain

22 available until expended, which shall be derived from the

23 Violent Crime Reduction Trust Fund.
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1 SUPPORT OF UNITED STATES PRISONERS

2 FEDERAL PRISONER DETENTION

3 For support of expenses related to United States pris4 oners in the custody of the United States Marshals Service

5 as authorized in 18 U.S.C. 4013, but not including ex6 penses otherwise provided for in appropriations available

7 to the Attorney General; $250,331,000 $295,331,000, as

8 authorized by 28 U.S.C. 561(i), to remain available until

9 expended.

10 FEES AND EXPENSES OF WITNESSES

11 For expenses, mileage, compensation, and per diems

12 of witnesses, for expenses of contracts for the procurement

13 and supervision of expert witnesses, for private counsel ex14 penses, and for per diems in lieu of subsistence, as author15 ized by law, including advances, $85,000,000, to remain

16 available until expended; of which not to exceed

17 $4,750,000 may be made available for planning, construc18 tion, renovation, maintenance, remodeling, and repair of

19 buildings and the purchase of equipment incident thereto

20 for protected witness safesites; of which not to exceed

21 $1,000,000 may be made available for the purchase and

22 maintenance of armored vehicles for transportation of pro23 tected witnesses; and of which not to exceed $4,000,000

24 may be made available for the purchase, installation and

25 maintenance of a secure automated information network
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1 to store and retrieve the identities and locations of pro2 tected witnesses.

3 ASSETS FORFEITURE FUND

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

5 524(c)(1)(A)(ii), (B), (C), (F), and (G), as amended,

6 $35,000,000 to be derived from the Department of Justice

7 Assets Forfeiture Fund.

8 RADIATION EXPOSURE COMPENSATION

9 ADMINISTRATIVE EXPENSES

10 For necessary administrative expenses in accordance

11 with the Radiation Exposure Compensation Act,

12 $2,655,000.

13 PAYMENT TO RADIATION EXPOSURE COMPENSATION

14 TRUST FUND

15 For payments to the Radiation Exposure Compensa16 tion Trust Fund, $16,264,000, to become available on Oc17 tober 1, 1996.

18 INTERAGENCY LAW ENFORCEMENT

19 INTERAGENCY CRIME AND DRUG ENFORCEMENT

20 For necessary expenses for the detection, investiga21 tion, and prosecution of individuals involved in organized

22 crime drug trafficking not otherwise provided for, to in23 clude intergovernmental agreements with State and local

24 law enforcement agencies engaged in the investigation and

25 prosecution of individuals involved in organized crime drug

26 trafficking, $374,943,000 $359,843,000, of which
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1 $50,000,000 shall remain available until expended: Pro2 vided, That any amounts obligated from appropriations

3 under this heading may be used under authorities avail4 able to the organizations reimbursed from this appropria5 tion: Provided further, That any unobligated balances re6 maining available at the end of the fiscal year shall revert

7 to the Attorney General for reallocation among participat8 ing organizations in succeeding fiscal years, subject to the

9 reprogramming procedures described in section 605 of this

10 Act.

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For expenses necessary for detection, investigation,

14 and prosecution of crimes against the United States; in15 cluding purchase for police-type use of not to exceed 1,815

16 passenger motor vehicles of which 1,300 will be for re17 placement only, without regard to the general purchase

18 price limitation for the current fiscal year, and hire of pas19 senger motor vehicles; acquisition, lease, maintenance and

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

21 unforeseen emergencies of a confidential character, to be

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

23 solely under the certificate of, the Attorney General;

24 $2,251,481,000 $2,315,341,000, of which not to exceed

25 $50,000,000 for automated data processing and tele-
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1 communications and technical investigative equipment and

2 $1,000,000 for undercover operations shall remain avail3 able until September 30, 1997; of which not less than

4 $121,345,000 shall be for counterterrorism investigations,

5 foreign counterintelligence, and other activities related to

6 our national security; of which not to exceed $14,000,000

7 for research and development related to investigative ac8 tivities $98,400,000 shall remain available until expended;

9 and of which not to exceed $10,000,000 is authorized to

10 be made available for making payments or advances for

11 expenses arising out of contractual or reimbursable agree12 ments with State and local law enforcement agencies while

13 engaged in cooperative activities related to violent crime,

14 terrorism, organized crime, and drug investigations; and

15 of which $1,500,000 shall be available to maintain an

16 independent program office dedicated solely to the reloca17 tion of the Criminal Justice Information Services Division

18 and the automation of fingerprint identification services:

19 Provided, That not to exceed $45,000 shall be available

20 for official reception and representation expenses:–Pro21 vided further, That $50,000,000 for expenses related to

22 digital telephony shall be available for obligation only upon

23 enactment of authorization legislation.

24 VIOLENT CRIME REDUCTION PROGRAMS

25 For activities authorized by Public Law 103–322,

26 $80,600,000, to remain available until expended, which
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1 shall be derived from the Violent Crime Reduction Trust

2 Fund, of which $35,000,000 shall be for activities author3 ized by section 190001(c); $27,800,000 for activities au4 thorized by section 190001(b); $4,000,000 for Training

5 and Investigative Assistance authorized by section

6 210501(c)(2); $8,300,000 for training facility improve7 ments at the Federal Bureau of Investigation Academy

8 at Quantico, Virginia authorized by section 210501(c)(3);

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

10 and proficiency testing standards, establishing an index to

11 facilitate law enforcement exchange of DNA identification

12 information, and related activities authorized by section

13 210306.

14 For activities authorized by Public Law 103–322 or

15 Senate bill 735 as passed by the Senate on June 7, 1995,

16 $282,500,000, to remain available until expended, which

17 shall be derived from the Violent Crime Reduction Trust

18 Fund, of which $50,000,000 shall be for activities author19 ized in section 521(a)(1) of Senate bill 735; of which

20 $42,820,000 shall be for activities authorized in section

21 521(a)(2) of said Act; of which $13,900,000 shall be for ac22 tivities authorized in section 521(a)(5) of said Act; and of

23 which $148,280,000 shall be for activities authorized in sec24 tion 521(a)(7) of said Act; and of which $5,500,000 shall
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1 be for activities authorized by section 210306 of Public Law

2 103–322.

3 CONSTRUCTION

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

6 law (including equipment for such buildings); conversion

7 and extension of federally-owned buildings; and prelimi8 nary planning and design of projects; $98,400,000

9 $147,800,000, to remain available until expended.

10 DRUG ENFORCEMENT ADMINISTRATION

11 SALARIES AND EXPENSES

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

16 solely under the certificate of, the Attorney General; ex17 penses for conducting drug education and training pro18 grams, including travel and related expenses for partici19 pants in such programs and the distribution of items of

20 token value that promote the goals of such programs; pur21 chase of not to exceed 1,208 passenger motor vehicles, of

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

23 use without regard to the general purchase price limitation

24 for the current fiscal year; and acquisition, lease, mainte25 nance, and operation of aircraft; $781,488,000

26 $790,000,000, of which not to exceed $1,800,000 for re-
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1 search and $15,000,000 for transfer to the Drug Diver2 sion Control Fee Account for operating expenses shall re3 main available until expended, and of which not to exceed

4 $4,000,000 for purchase of evidence and payments for in5 formation, not to exceed $4,000,000 for contracting for

6 ADP and telecommunications equipment, and not to ex7 ceed $2,000,000 for technical and laboratory equipment

8 shall remain available until September 30, 1997, and of

9 which not to exceed $50,000 shall be available for official

10 reception and representation expenses.

11 VIOLENT CRIME REDUCTION PROGRAMS

12 For Drug Enforcement Administration agents au13 thorized by section 180104 of Public Law 103–322,

14 $12,000,000, to remain available until expended, which

15 shall be derived from the Violent Crime Reduction Trust

16 Fund.

17 For activities authorized by section 524(b) of Senate

18 bill 735 as passed by the Senate on June 7, 1995,

19 $60,000,000, to remain available until expended, which

20 shall be derived from the Violent Crime Reduction Trust

21 Fund.

22 IMMIGRATION AND NATURALIZATION SERVICE

23 SALARIES AND EXPENSES

24 For expenses, not otherwise provided for, necessary

25 for the administration and enforcement of the laws relat26 ing to immigration, naturalization, and alien registration,
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1 including not to exceed $50,000 to meet unforeseen emer2 gencies of a confidential character, to be expended under

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

4 certificate of, the Attorney General; purchase for police5 type use (not to exceed 813 of which 177 are for replace6 ment only) without regard to the general purchase price

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

8 motor vehicles; acquisition, lease, maintenance and oper9 ation of aircraft; and research related to immigration en10 forcement; $1,421,481,000 $953,934,000, of which not to

11 exceed $400,000 for research shall remain available until

12 expended, and of which not to exceed $10,000,000 shall

13 be available for costs associated with the training program

14 for basic officer training: Provided, That none of the funds

15 available to the Immigration and Naturalization Service

16 shall be available for administrative expenses to pay any

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

18 during the calendar year beginning January 1, 1996: Pro19 vided further, That uniforms may be purchased without

20 regard to the general purchase price limitation for the cur21 rent fiscal year: Provided further, That not to exceed

22 $5,000 shall be available for official reception and rep23 resentation expenses: Provided further, That the Attorney

24 General may transfer to the Department of Labor and the

25 Social Security Administration not to exceed $30,000,000
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1 $10,000,000 for programs to verify the immigration status

2 of persons seeking employment in the United States:–Pro3 vided further, That none of the funds appropriated in this

4 Act may be used to operate the Border Patrol traffic

5 checkpoints located in San Clemente, California, at inter6 state highway 5 and in Temecula, California, at interstate

7 highway 15: Provided further, That not to exceed 15 posi8 tions shall be available for the Office of Public Affairs at

9 the Immigration and Naturalization Service and not to ex10 ceed 10 positions shall be available for the Office of Congres11 sional Affairs at the Immigration and Naturalization Serv12 ice: Provided further, That the two aforementioned offices

13 shall not be augmented by personnel details, temporary

14 transfers of personnel in either a reimbursable or non-reim15 bursable basis or any other type of formal or informal

16 transfer or reimbursement of personnel or funds on either

17 a temporary or long-term basis.

18 VIOLENT CRIME REDUCTION PROGRAMS

19 For activities authorized by sections 130005,

20 130006, 130007, and 190001(b) of Public Law 103–322,

21 $303,542,000, to remain available until expended, which

22 shall be derived from the Violent Crime Reduction Trust

23 Fund, of which $44,089,000 shall be for expeditious de24 portation of denied asylum applicants, $218,800,000 for

25 improving border controls, $35,153,000 for expanded spe-
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1 cial deportation proceedings, and $5,500,000 for border

2 patrol equipment.

3 For activities authorized by sections 130005, 130006,

4 and 130007 of Public Law 103–322, $165,362,000, to re5 main available until expended, which shall be derived from

6 the Violent Crime Reduction Trust Fund, of which

7 $20,360,000 shall be for expeditious deportation of denied

8 asylum applicants, $114,463,000 for improving border con9 trols, and $40,539,000 for expanded special deportation

10 proceedings.

11 BORDER PATROL

12 SALARIES AND EXPENSES

13 For expenses necessary for Border Patrol Operations,

14 $489,200,000, to remain available until expended.

15 VIOLENT CRIME REDUCTION PROGRAMS

16 For activities authorized by section 130006 of Public

17 Law 103–322, $127,300,000, to remain available until ex18 pended, which shall be derived from the Violent Crime Re19 duction Trust Fund.

20 CONSTRUCTION

21 For planning, construction, renovation, equipping

22 and maintenance of buildings and facilities necessary for

23 the administration and enforcement of the laws relating

24 to immigration, naturalization, and alien registration, not

25 otherwise provided for, $11,000,000 $35,000,000, to re26 main available until expended.
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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 For expenses necessary for the administration, oper4 ation, and maintenance of Federal penal and correctional

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

6 which 559 are for replacement only) and hire of law en7 forcement and passenger motor vehicles; and for the provi8 sion of technical assistance and advice on corrections re9 lated issues to foreign governments; $2,574,578,000: Pro10 vided, That there may be transferred to the Health Re11 sources and Services Administration such amounts as may

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

13 for direct expenditures by that Administration for medical

14 relief for inmates of Federal penal and correctional insti15 tutions: Provided further, That the Director of the Federal

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

17 contracts with a fiscal agent/fiscal intermediary claims

18 processor to determine the amounts payable to persons

19 who, on behalf of the FPS, furnish health services to indi20 viduals committed to the custody of the FPS: Provided

21 further, That uniforms may be purchased without regard

22 to the general purchase price limitation for the current

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

24 shall be available for official reception and representation

25 expenses: Provided further, That not to exceed
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1 $50,000,000 for the activation of new facilities shall re2 main available until September 30, 1997: Provided further,

3 That of the amounts provided for Contract Confinement,

4 not to exceed $20,000,000 shall remain available until ex5 pended to make payments in advance for grants, contracts

6 and reimbursable agreements and other expenses author7 ized by section 501(c) of the Refugee Education Assist8 ance Act of 1980 for the care and security in the United

9 States of Cuban and Haitian entrants.

10 VIOLENT CRIME REDUCTION PROGRAMS

11 For substance abuse treatment in Federal prisons as

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

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

14 shall be derived from the Violent Crime Reduction Trust

15 Fund.

16 NATIONAL INSTITUTE OF CORRECTIONS

17 For carrying out the provisions of sections 4351–4353

18 of title 18, United States Code, which established a National

19 Institute of Corrections, and for the provision of technical

20 assistance and advice on corrections related issues,

21 $8,000,000, to remain available until expended.

22 BUILDINGS AND FACILITIES

23 For planning, acquisition of sites and construction of

24 new facilities; leasing the Oklahoma City Airport Trust

25 Facility; purchase and acquisition of facilities and remod26 eling and equipping of such facilities for penal and correc-
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1 tional use, including all necessary expenses incident there2 to, by contract or force account; and constructing, remod3 eling, and equipping necessary buildings and facilities at

4 existing penal and correctional institutions, including all

5 necessary expenses incident thereto, by contract or force

6 account; $323,728,000 $349,410,000, to remain available

7 until expended, of which not to exceed $14,074,000 shall

8 be available to construct areas for inmate work programs:

9 Provided, That labor of United States prisoners may be

10 used for work performed under this appropriation: Pro11 vided further, That not to exceed 10 percent of the funds

12 appropriated to ‘‘Buildings and Facilities’’ in this Act or

13 any other Act may be transferred to ‘‘Salaries and Ex14 penses,’’ Federal Prison System upon notification by the

15 Attorney General to the Committees on Appropriations of

16 the House of Representatives and the Senate in compli17 ance with provisions set forth in section 605 of this Act:

18 Provided further, That of the total amount appropriated,

19 not to exceed $22,351,000 shall be available for the ren20 ovation and construction of United States Marshals Serv21 ice prisoner holding facilities.

22 FEDERAL PRISON INDUSTRIES, INCORPORATED

23 The Federal Prison Industries, Incorporated, is here24 by authorized to make such expenditures, within the limits

25 of funds and borrowing authority available, and in accord

26 with the law, and to make such contracts and commit-
24

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1 ments, without regard to fiscal year limitations as pro2 vided by section 9104 of title 31, United States Code, as

3 may be necessary in carrying out the program set forth

4 in the budget for the current fiscal year for such corpora5 tion, including purchase of (not to exceed five for replace6 ment only) and hire of passenger motor vehicles.

7 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

8 PRISON INDUSTRIES, INCORPORATED

9 Not to exceed $3,559,000 of the funds of the corpora10 tion shall be available for its administrative expenses, and

11 for services as authorized by 5 U.S.C. 3109, to be com12 puted on an accrual basis to be determined in accordance

13 with the corporation’s current prescribed accounting sys14 tem, and such amounts shall be exclusive of depreciation,

15 payment of claims, and expenditures which the said ac16 counting system requires to be capitalized or charged to

17 cost of commodities acquired or produced, including sell18 ing and shipping expenses, and expenses in connection

19 with acquisition, construction, operation, maintenance, im20 provement, protection, or disposition of facilities and other

21 property belonging to the corporation or in which it has

22 an interest.

23 OFFICE OF JUSTICE PROGRAMS

24 JUSTICE ASSISTANCE

25 For grants, contracts, cooperative agreements, and

26 other assistance authorized by title I of the Omnibus
25

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

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

3 including salaries and expenses in connection therewith,

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

5 $97,977,000 $102,345,000, to remain available until ex6 pended, as authorized by section 1001 of title I of the Om7 nibus Crime Control and Safe Streets Act, as amended

8 by Public Law 102–534 (106 Stat. 3524).

9 VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE

10 ASSISTANCE

11 For assistance (including amounts for administrative

12 costs for management and administration, which amounts

13 shall be transferred to and merged with the ‘‘Justice As14 sistance’’ account) authorized by the Violent Crime Con15 trol and Law Enforcement Act of 1994, Public Law 103–

16 322 (‘‘the 1994 Act’’); the Omnibus Crime Control and

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

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

19 (‘‘the 1990 Act’’), $152,400,000 $100,900,000, to remain

20 available until expended, which shall be derived from the

21 Violent Crime Reduction Trust Fund; of which

22 $6,000,000 $4,250,000 shall be for the Court Appointed

23 Special Advocate Program, as authorized by section 218

24 of the 1990 Act; $750,000 for Child Abuse Training Pro25 grams for Judicial Personnel and Practitioners, as author26 ized by section 224 of the 1990 Act; $82,750,000
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1 $61,000,000 for Grants to Combat Violence Against

2 Women to States, units of local governments and Indian

3 tribal governments, as authorized by section 1001(a)(18)

4 of the 1968 Act; $28,000,000 for Grants to Encourage

5 Arrest Policies to States, units of local governments and

6 Indian tribal governments, as authorized by section

7 1001(a)(19) of the 1968 Act; $7,000,000 $6,000,000 for

8 Rural Domestic Violence and Child Abuse Enforcement

9 Assistance Grants, as authorized by section 40295 of the

10 1994 Act; $27,000,000 for grants for Residential Sub11 stance Abuse Treatment For State Prisoners, as author12 ized by section 1001(a)(17) of the 1968 Act; and

13 $900,000 for the Missing Alzheimer’s Disease Patient

14 Alert Program, as authorized by section 240001(d) of the

15 1994 Act: Provided further, That any balances for these

16 programs shall be transferred to and merged with this ap17 propriation.

18 CIVIL LEGAL ASSISTANCE

19 For grants to States for civil legal assistance as pro20 vided in section 120 of this Act, $210,000,000.

21 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

22 For grants, contracts, cooperative agreements, and

23 other assistance authorized by part E of title I of the Om24 nibus Crime Control and Safe Streets Act of 1968, as

25 amended, for State and Local Narcotics Control and Jus26 tice Assistance Improvements, notwithstanding the provi-
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1 sions of section 511 of said Act, $50,000,000

2 $225,000,000, to remain available until expended, as au3 thorized by section 1001 of title I of said Act, as amended

4 by Public Law 102–534 (106 Stat. 3524),–which shall be

5 available only: Provided, That not more than $50,000,000

6 shall be made available to carry out the provisions of chap7 ter A of subpart 2 of part E of title I of said Act, for

8 discretionary grants under the Edward Byrne Memorial

9 State and Local Law Enforcement Assistance Programs:

10 Provided further, That not more than $175,000,000 shall

11 be made available to carry out the provisions of subpart

12 1, part E of title I of said Act, for formula grants under

13 the Edward Byrne Memorial State and Local Law Enforce14 ment Assistance Programs: Provided further, That balances

15 of amounts appropriated prior to fiscal year 1995 under

16 the authorities of this account shall be transferred to and

17 merged with this account.

18 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

19 LOCAL LAW ENFORCEMENT ASSISTANCE

20 For assistance (including amounts for administrative

21 costs for management and administration, which amounts

22 shall be transferred to and merged with the ‘‘Justice As23 sistance’’ account) authorized by the Violent Crime Con24 trol and Law Enforcement Act of 1994, Public Law 103–

25 322 (‘‘the 1994 Act’’); the Omnibus Crime Control and

26 Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
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1 and the Victims of Child Abuse Act of 1990, as amended

2 (‘‘the 1990 Act’’), $3,283,343,000 $3,092,100,000, to re3 main available until expended, which shall be derived from

4 the Violent Crime Reduction Trust Fund; of which

5 $1,950,000,000 shall be for Local Law Enforcement

6 Block Grants, pursuant to H.R. 728 as passed by the

7 House of Representatives on February 14, 1995; of which

8 $1,690,000,000 shall be for State and Local Law Enforce9 ment Assistance Block Grants pursuant to title I of the Vio10 lent Crime Control and Law Enforcement Act of 1994 (as

11 amended by section 114 of this Act); $25,000,000 for

12 grants to upgrade criminal records, as authorized by sec13 tion 106(b) of the Brady Handgun Violence Prevention

14 Act of 1993, as amended, and section 4(b) of the National

15 Child Protection Act of 1993; $475,000,000 $300,000,000

16 as authorized by section 1001 of title I of the 1968 Act,

17 which shall be available to carry out the provisions of sub18 part 1, part E of title I of the 1968 Act, notwithstanding

19 section 511 of said Act, for the Edward Byrne Memorial

20 State and Local Law Enforcement Assistance Programs;

21 $300,000,000 for the State Criminal Alien Assistance

22 Program, as authorized by section 501 of the Immigration

23 Reform and Control Act of 1986, as amended;

24 $19,643,000 $15,000,000 for Youthful Offender Incarcer25 ation Grants, as authorized by section 1001(a)(16) of the
29

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1 1968 Act; $500,000,000 for Truth in Sentencing Grants

2 pursuant to section 101 of H.R. 667 as passed by the

3 House of Representatives on February 10, 1995 of which

4 not to exceed $200,000,000 is available for payments to

5 States for incarceration of criminal aliens pursuant to sec6 tion 508 as proposed by such section 101; $750,000,000

7 for Violent Offender Incarceration and Truth in Sentencing

8 Incentive Grants pursuant to subtitle A of title II of the

9 Violent Crime Control and Law Enforcement Act of 1994

10 (as amended by section 115 of this Act); $1,000,000 for

11 grants to States and units of local government for projects

12 to improve DNA analysis, as authorized by section

13 1001(a)(22) of the 1968 Act; $10,000,000 $9,000,000 for

14 Improved Training and Technical Automation Grants, as

15 authorized by section 210501(c)(1) of the 1994 Act;

16 $200,000 for grants to assist in establishing and operating

17 programs for the prevention, diagnosis, treatment and fol18 lowup care of tuberculosis among inmates of correctional

19 institutions, as authorized by section 32201(c)(3) of the

20 1994 Act; $1,000,000 for Law Enforcement Family Sup21 port Programs, as authorized by section 1001(a)(21) of

22 the Omnibus Crime Control and Safe Streets Act of 1968

23 as added by section 210201 of the 1994 Act; $500,000

24 $1,100,000 for Motor Vehicle Theft Prevention Programs,

25 as authorized by section 220002(h) of the 1994 Act;
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1 $1,000,000 for Gang Investigation Coordination and In2 formation Collection, as authorized by section 150006 of

3 the 1994 Act: Provided, That funds made available in fis4 cal year 1996 under subpart 1 of part E of title I of the

5 Omnibus Crime Control and Safe Streets Act of 1968, as

6 amended, may be obligated for programs to assist States

7 in the litigation processing of death penalty Federal ha8 beas corpus petitions: Provided further, That any 1995

9 balances for these programs shall be transferred to and

10 merged with this appropriation: Provided further, That if

11 a unit of local government uses any of the funds made

12 available under this title to increase the number of law

13 enforcement officers, the unit of local government will

14 achieve a net gain in the number of law enforcement offi15 cers who perform nonadministrative public safety service.

16 WEED AND SEED PROGRAM FUND

17 For necessary expenses, including salaries and relat18 ed expenses of the Executive Office for Weed and Seed,

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

20 $23,500,000, of which $13,500,000 shall be derived from

21 discretionary grants provided under the Edward Byrne

22 Memorial State and Local Law Enforcement Assistance

23 Programs and $10,000,000 shall be derived from discre24 tionary grants provided under part C of title II of the Ju25 venile Justice and Delinquency Prevention Act, to remain

26 available until expended for intergovernmental agree-
31

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1 ments, including grants, cooperative agreements, and con2 tracts, with State and local law enforcement agencies en3 gaged in the investigation and prosecution of violent

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

5 communities, and for either reimbursements or transfers

6 to appropriation accounts of the Department of Justice

7 and other Federal agencies which shall be specified by the

8 Attorney General to execute the ‘‘Weed and Seed’’ pro9 gram strategy: Provided, That funds designated by Con10 gress through language for other Department of Justice

11 appropriation accounts for ‘‘Weed and Seed’’ program ac12 tivities shall be managed and executed by the Attorney

13 General through the Executive Office for Weed and Seed:

14 Provided further, That the Attorney General may direct

15 the use of other Department of Justice funds and person16 nel in support of ‘‘Weed and Seed’’ program activities only

17 after the Attorney General notifies the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate in accordance with section 605 of this Act.

20 JUVENILE JUSTICE PROGRAMS

21 For grants, contracts, cooperative agreements, and

22 other assistance authorized by the Juvenile Justice and

23 Delinquency Prevention Act of 1974, as amended, includ24 ing salaries and expenses in connection therewith to be

25 transferred to and merged with the appropriations for

26 Justice Assistance, $144,000,000, to remain available
32

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

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

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

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

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

6 for expenses authorized by sections 281 and 282 of part

7 D of title II of the Act for prevention and treatment pro8 grams relating to juvenile gangs; (3) $10,000,000 shall

9 be available for expenses authorized by section 285 of part

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

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

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

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

14 Act for incentive grants for local delinquency prevention

15 programs.

16 In addition, for grants, contracts, cooperative agree17 ments, and other assistance authorized by the Victims of

18 Child Abuse Act of 1990, as amended, $4,500,000, to re19 main available until expended, as authorized by section

20 214B, of the Act: Provided, That balances of amounts ap21 propriated prior to fiscal year 1995 under the authorities

22 of this account shall be transferred to and merged with

23 this account.

24 PUBLIC SAFETY OFFICERS BENEFITS

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

26 Omnibus Crime Control and Safe Streets Act of 1968 (42
33

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

2 to remain available until expended, as authorized by sec3 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

4 and, in addition, $2,134,000, to remain available until ex5 pended, for payments as authorized by section 1201(b) of

6 said Act.

7 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

8 SEC. 101. In addition to amounts otherwise made

9 available in this title for official reception and representa10 tion expenses, a total of not to exceed $45,000 from funds

11 appropriated to the Department of Justice in this title

12 shall be available to the Attorney General for official re13 ception and representation expenses in accordance with

14 distributions, procedures, and regulations established by

15 the Attorney General.

16 SEC. 102. Subject to section 102(b) of the Depart17 ment of Justice and Related Agencies Appropriations Act,

18 1993, as amended by section 112 of this Act, authorities

19 contained in Public Law 96–132, ‘‘The Department of

20 Justice Appropriation Authorization Act, Fiscal Year

21 1980,’’ shall remain in effect until the termination date

22 of this Act or until the effective date of a Department

23 of Justice Appropriation Authorization Act, whichever is

24 earlier.
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1 SEC. 103. None of the funds appropriated by this

2 title shall be available to pay for an abortion, except where

3 the life of the mother would be endangered if the fetus

4 were carried to term, or in the case of rape: Provided,

5 That should this prohibition be declared unconstitutional

6 by a court of competent jurisdiction, this section shall be

7 null and void.

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

9 title shall be used to require any person to perform, or

10 facilitate in any way the performance of, any abortion.

11 SEC. 105. Nothing in the preceding section shall re12 move the obligation of the Director of the Bureau of Pris13 ons to provide escort services necessary for a female in14 mate to receive such service outside the Federal facility:

15 Provided, That nothing in this section in any way dimin16 ishes the effect of section 104 intended to address the phil17 osophical beliefs of individual employees of the Bureau of

18 Prisons.

19 SEC. 106. Notwithstanding any other provision of

20 law, not to exceed $10,000,000 of the funds made avail21 able in the Act may be used to pay rewards and shall not

22 be subject to spending limitations contained in sections

23 3059 and 3072 of title 18, United States Code: Provided,

24 That any reward of $100,000 or more, up to a maximum

25 of $2,000,000, may not be made without the personal ap-
35

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1 proval of the President or the Attorney General and such

2 approval may not be delegated.

3 SEC. 107. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of Justice in this Act, including those derived

6 from the Violent Crime Reduction Trust Fund, may be

7 transferred between such appropriations, but no such ap8 propriation, except as otherwise specifically provided, shall

9 be increased by more than 10 percent by any such trans10 fers: Provided, That this section shall not apply to any

11 appropriation made available in title I of this Act under

12 the heading, ‘‘Office of Justice Programs, Justice Assist13 ance’’: Provided further, That any transfer pursuant to

14 this section shall be treated as a reprogramming of funds

15 under section 605 of this Act and shall not be available

16 for obligation or expenditure except in compliance with the

17 procedures set forth in that section.

18 SEC. 108. For fiscal year 1996 and each fiscal year

19 thereafter, amounts in the Federal Prison System’s Com20 missary Fund, Federal Prisons, which are not currently

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

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

23 all earnings on such investments shall be deposited in the

24 Commissary Fund.
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1 SEC. 109. Section 524(c)(9) of title 28, United States

2 Code, is amended by adding subparagraph (E), as follows:

3 ‘‘(E) Subject to the notification procedures contained

4 in section 605 of Public Law 103–121, and after satisfy5 ing the transfer requirement in subparagraph (B) of this

6 paragraph, any excess unobligated balance remaining in

7 the Fund on September 30, 1995 shall be available to the

8 Attorney General, without fiscal year limitation, for any

9 Federal law enforcement, litigative/prosecutive, and cor10 rectional activities, or any other authorized purpose of the

11 Department of Justice. Any amounts provided pursuant

12 to this subparagraph may be used under authorities avail13 able to the organization receiving the funds.’’.

14 SEC. 110. Notwithstanding Hereafter, notwithstand15 ing any other provision of law—

16 (1) no transfers may be made from Department

17 of Justice accounts other than those authorized in

18 this Act, or in previous or subsequent appropriations

19 Acts for the Department of Justice, or in part II of

20 title 28 of the United States Code, or in section

21 10601 of title 42 of the United States Code; and

22 (2) no appropriation account within the Depart23 ment of Justice shall have its allocation of funds

24 controlled by other than an apportionment issued by
37

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1 the Office of Management and Budget or an allot2 ment advice issued by the Department of Justice.

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

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

5 or’’.

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

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

8 confirmed;’’.

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

10 (1) in paragraph (2) by striking ‘‘.’’ and insert11 ing, ‘‘until a reorganization plan is confirmed;’’, and

12 (2) by inserting after paragraph (2) the follow13 ing new paragraph:

14 ‘‘(3) 100 percent of the fees collected under sec15 tion 1930(a)(6) of this title after a reorganization

16 plan is confirmed.’’.

17 SEC. 112. Public Law 102–395, section 102 is

18 amended as follows: (1) in subsection (b)(1) strike ‘‘years

19 1993, 1994, and 1995’’ and insert ‘‘year 1996’’; (2) in

20 subsection (b)(1)(C) strike ‘‘years 1993, 1994, and 1995’’

21 and insert ‘‘year 1996’’; and (3) in subsection (b)(5)(A)

22 strike ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year

23 1996’’.

24 SEC. 113. Public Law 101–515 (104 Stat. 2112; 28

25 U.S.C. 534 note) is amended by inserting ‘‘and criminal
38

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1 justice information’’ after ‘‘for the automation of finger2 print identification’’.

3 SEC. 114. STATE AND LOCAL LAW ENFORCEMENT ASSIST4 ANCE BLOCK GRANT PROGRAM.

5 Title I of the Violent Crime Control and Law Enforce6 ment Act of 1994 is amended to read as follows:

7 ‘‘TITLE I—STATE AND LOCAL

8 LAW ENFORCEMENT ASSIST9 ANCE

10 ‘‘SEC. 10001. BLOCK GRANTS TO STATES.

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

12 grants under this title to States for use by State and local

13 governments to—

14 ‘‘(1) hire, train, and employ on a continuing

15 basis, new law enforcement officers and necessary

16 support personnel;

17 ‘‘(2) pay overtime to currently employed law en18 forcement officers and necessary support personnel;

19 ‘‘(3) procure equipment, technology, and other

20 material that is directly related to basic law enforce21 ment functions, such as the detection or investigation

22 of crime, or the prosecution of criminals; and

23 ‘‘(4) establish and operate cooperative programs

24 between community residents and law enforcement
39

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1 agencies for the control, detection, or investigation of

2 crime, or the prosecution of criminals.

3 ‘‘(b) LAW ENFORCEMENT TRUST FUNDS.—Funds re4 ceived by a State or unit of local government under this

5 title may be reserved in a trust fund established by the State

6 or unit of local government to fund the future needs of pro7 grams authorized under subsection (a).

8 ‘‘(c) ALLOCATION AND DISTRIBUTION OF FUNDS.—

9 ‘‘(1) ALLOCATION.—The amount made available

10 pursuant to section 10003 shall be allocated as fol11 lows:

12 ‘‘(A) 0.6 percent shall be allocated to each

13 of the participating States.

14 ‘‘(B) After the allocation under subpara15 graph (A), the remainder shall be allocated on

16 the basis of the population of each State as deter17 mined by the 1990 decennial census as adjusted

18 annually, by allocating to each State an amount

19 bearing the same ratio to the total amount to be

20 allocated under this subparagraph as the popu21 lation of the State bears to the population of all

22 States.

23 ‘‘(2) DISTRIBUTION TO LOCAL GOVERNMENTS.—

24 ‘‘(A) IN GENERAL.—A State receiving a

25 grant under this title shall ensure that not less
40

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1 than 85 percent of the funds received are distrib2 uted to units of local government.

3 ‘‘(B) LIMITATION.—Not more than 2.5 per4 cent of funds received by a State in any grant

5 year shall be used for costs associated with the

6 administration and distribution of grant money.

7 ‘‘(d) DISBURSEMENT.—

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

9 issue regulations establishing procedures under which

10 a State may receive assistance under this title.

11 ‘‘(2) GENERAL REQUIREMENTS FOR QUALIFICA12 TION.—A State qualifies for a payment under this

13 title for a payment period only if the State establishes

14 that—

15 ‘‘(A) the State will establish a segregated

16 account in which the government will deposit all

17 payments received under this title;

18 ‘‘(B) the State will expend the payments in

19 accordance with the laws and procedures that

20 are applicable to the expenditure of revenues of

21 the State;

22 ‘‘(C) the State will use accounting, audit,

23 and fiscal procedures that conform to guidelines

24 that shall be prescribed by the Attorney General

25 after consultation with the Comptroller General
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1 of the United States and, as applicable, amounts

2 received under this title shall be audited in com3 pliance with the Single Audit Act of 1984;

4 ‘‘(D) after reasonable notice to a State, the

5 State will make available to the Attorney Gen6 eral and the Comptroller General of the United

7 States, with the right to inspect, records that the

8 Attorney General or Comptroller General of the

9 United States reasonably requires to review com10 pliance with this title;

11 ‘‘(E) the State will make such reports as the

12 Attorney General reasonably requires, in addi13 tion to the annual reports required under this

14 title; and

15 ‘‘(F) the State will expend the funds only

16 for the purposes set forth in subsection (a).

17 ‘‘(3) SANCTIONS FOR NONCOMPLIANCE.—

18 ‘‘(A) IN GENERAL.—If the Attorney General

19 finds that a State has not complied substantially

20 with paragraph (2) or regulations prescribed

21 under such paragraph, the Attorney General

22 shall notify the State. The notice shall provide

23 that if the State does not initiate corrective ac24 tion within 30 days after the date on which the

25 State receives the notice, the Attorney General
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1 will withhold additional payments to the State

2 for the current payment period and later pay3 ment periods. Payments shall be withheld until

4 such time as the Attorney General determines

5 that the State—

6 ‘‘(i) has taken the appropriate correc7 tive action; and

8 ‘‘(ii) will comply with paragraph (2)

9 and the regulations prescribed under such

10 paragraph.

11 ‘‘(B) NOTICE.—Before giving notice under

12 subparagraph (A), the Attorney General shall

13 give the chief executive officer of the State rea14 sonable notice and an opportunity for comment.

15 ‘‘(C) PAYMENT CONDITIONS.—The Attorney

16 General shall make a payment to a State under

17 subparagraph (A) only if the Attorney General

18 determines that the State—

19 ‘‘(i) has taken the appropriate correc20 tive action; and

21 ‘‘(ii) will comply with paragraph (2)

22 and regulations prescribed under such para23 graph.
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1 ‘‘SEC. 10002. APPLICATIONS.

2 ‘‘(a) The Attorney General shall make grants under

3 this title only if a State has submitted an application to

4 the Attorney General in such form, and containing such

5 information, as is the Attorney General may reasonably

6 require.

7 ‘‘SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 this title—

10 ‘‘(1) $2,050,000,000 for fiscal year 1996;

11 ‘‘(2) $2,150,000,000 for fiscal year 1997;

12 ‘‘(3) $1,900,000,000 for fiscal year 1998;

13 ‘‘(4) $1,900,000,000 for fiscal year 1999; and

14 ‘‘(5) $468,000,000 for fiscal year 2000.

15 ‘‘SEC. 10004. LIMITATION ON USE OF FUNDS.

16 ‘‘Funds made available to States under this title shall

17 not be used to supplant State or local funds, but shall be

18 used to increase the amount of funds that would, in the

19 absence of Federal funds received under this title, be made

20 available from State or local sources.’’.

21 SEC. 115. VIOLENT OFFENDER INCARCERATION AND TRUTH

22 IN SENTENCING GRANTS.

23 Subtitle A of title II of the Violent Crime Control and

24 Law Enforcement Act of 1994 is amended to read as follows:
44

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

4 ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

5 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

6 may make grants to individual States and to States orga7 nized as multi-State compacts to construct, develop, expand,

8 modify, operate, or improve conventional correctional fa9 cilities, including prisons and jails, for the confinement of

10 violent offenders, to ensure that prison cell space is avail11 able for the confinement of violent offenders and to imple12 ment truth in sentencing laws for sentencing violent offend13 ers.

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

15 under this subtitle, a State or States organized as multi16 State compacts shall submit an application to the Attorney

17 General that includes—

18 ‘‘(1)(A) except as provided in subparagraph (B),

19 assurances that the State or States, have imple20 mented, or will implement, correctional policies and

21 programs, including truth in sentencing laws that en22 sure that violent offenders serve a substantial portion

23 of the sentences imposed, that are designed to provide

24 sufficiently severe punishment for violent offenders,

25 including violent juvenile offenders, and that the pris-
45

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1 on time served is appropriately related to the deter2 mination that the inmate is a violent offender and for

3 a period of time deemed necessary to protect the pub4 lic;

5 ‘‘(B) in the case of a State that on the date of

6 enactment of the Department of Justice Appropria7 tions Act, 1996 practices indeterminant sentencing, a

8 demonstration that average times served for the of9 fenses of murder, rape, robbery, and assault in the

10 State exceed by at least 10 percent the national aver11 age of time served for such offenses in all of the

12 States;

13 ‘‘(2) assurances that the State or States have im14 plemented policies that provide for the recognition of

15 the rights and needs of crime victims;

16 ‘‘(3) assurances that funds received under this

17 section will be used to construct, develop, expand,

18 modify, operate, or improve conventional correctional

19 facilities;

20 ‘‘(4) assurances that the State or States have in21 volved counties and other units of local government,

22 when appropriate, in the construction, development,

23 expansion, modification, operation, or improvement

24 of correctional facilities designed to ensure the incar25 ceration of violent offenders, and that the State or
46

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1 States will share funds received under this section

2 with counties and other units of local government,

3 taking into account the burden placed on the units of

4 local government when they are required to confine

5 sentenced prisoners because of overcrowding in State

6 prison facilities;

7 ‘‘(5) assurances that funds received under this

8 section will be used to supplement, not supplant,

9 other Federal, State, and local funds;

10 ‘‘(6) assurances that the State or States have im11 plemented, or will implement not later than 18

12 months after the date of enactment of the Department

13 of Justice Appropriations Act, 1996, policies to deter14 mine the veteran status of inmates and to ensure that

15 incarcerated veterans receive the veterans benefits to

16 which they are entitled; and

17 ‘‘(7) if applicable, documentation of the multi18 State compact agreement that specifies the construc19 tion, development, expansion, modification, operation,

20 or improvement of correctional facilities.

21 ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

22 ‘‘(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty

23 percent of the total amount of funds appropriated to carry

24 out this subtitle for each of fiscal years 1996, 1997, 1998,

25 1999, and 2000 shall be made available for truth in sentenc-
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1 ing incentive grants. To be eligible to receive such a grant,

2 a State must meet the requirements of section 20101(b) and

3 shall demonstrate that the State—

4 ‘‘(1) has in effect laws that require that persons

5 convicted of violent crimes serve not less than 85 per6 cent of the sentence imposed;

7 ‘‘(2) since 1993—

8 ‘‘(A) has increased the percentage of con9 victed violent offenders sentenced to prison;

10 ‘‘(B) has increased the average prison time

11 that will be served in prison by convicted violent

12 offenders sentenced to prison; and

13 ‘‘(C) has in effect at the time of application

14 laws requiring that a person who is convicted of

15 a violent crime shall serve not less than 85 per16 cent of the sentence imposed if—

17 ‘‘(i) the person has been convicted on 1

18 or more prior occasions in a court of the

19 United States or of a State of a violent

20 crime or a serious drug offense; and

21 ‘‘(ii) each violent crime or serious drug

22 offense was committed after the defendant’s

23 conviction of the preceding violent crime or

24 serious drug offense; or
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1 ‘‘(3) in the case of a State that on the date of

2 enactment of the Department of Justice Appropria3 tions Act, 1996 practices indeterminant sentencing, a

4 demonstration that average times served for the of5 fenses of murder, rape, robbery, and assault in the

6 State exceed by at least 10 percent the national aver7 age of time served for such offenses in all of the

8 States.

9 ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING INCEN10 TIVE FUNDS.—The amount available to carry out this sec11 tion for any fiscal year shall be allocated to each eligible

12 State in the ratio that the number of part 1 violent crimes

13 reported by such State to the Federal Bureau of Investiga14 tion for the previous year bears to the number of part 1

15 violent crimes reported by all States to the Federal Bureau

16 of Investigation for the previous year.

17 ‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

18 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANT

19 PROGRAM.—Fifty percent of the total amount of funds ap20 propriated to carry out this subtitle for each of fiscal years

21 1996, 1997, 1998, 1999, and 2000 shall be made available

22 for violent offender incarceration grants. To be eligible to

23 receive such a grant, a State or States must meet the re24 quirements of section 20101(b).
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1 ‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCARCER2 ATION FUNDS.—Funds made available to carry out this sec3 tion shall be allocated as follows:

4 ‘‘(1) 0.6 percent shall be allocated to each eligible

5 State, except that the United States Virgin Islands,

6 American Samoa, Guam, and the Northern Mariana

7 Islands each shall be allocated 0.05 percent.

8 ‘‘(2) The amount remaining after application of

9 paragraph (1) shall be allocated to each eligible State

10 in the ratio that the number of part 1 violent crimes

11 reported by such State to the Federal Bureau of In12 vestigation for the previous year bears to the number

13 of part 1 violent crimes reported by all States to the

14 Federal Bureau of Investigation for the previous year.

15 ‘‘SEC. 20104. RULES AND REGULATIONS.

16 ‘‘(a) IN GENERAL.—Not later than 90 days after the

17 date of enactment of the Department of Justice Appropria18 tions Act, 1996, the Attorney General shall issue rules and

19 regulations regarding the uses of grant funds received under

20 this subtitle.

21 ‘‘(b) BEST AVAILABLE DATA.—If data regarding part

22 1 violent crimes in any State for the previous year is un23 available or substantially inaccurate, the Attorney General

24 shall utilize the best available comparable data regarding

25 the number of violent crimes for the previous year for the
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1 State for the purposes of allocation of funds under this sub2 title.

3 ‘‘SEC. 20105. DEFINITIONS.

4 ‘‘In this subtitle—

5 ‘‘(1) the term ‘part 1 violent crimes’ means mur6 der and non-negligent manslaughter, forcible rape,

7 robbery, and aggravated assault as reported to the

8 Federal Bureau of Investigation for purposes of the

9 Uniform Crime Reports;

10 ‘‘(2) the term ‘State’ or ‘States’ means a State,

11 the District of Columbia, the Commonwealth of Puer12 to Rico, the United States Virgin Islands, American

13 Samoa, Guam, and the Northern Mariana Islands;

14 and

15 ‘‘(3) the term ‘indeterminate sentencing’ means a

16 system by which the court has discretion in imposing

17 the actual length of the sentence, up to the statutory

18 maximum, and an administrative agency, or the

19 court, controls release between court-ordered mini20 mum and maximum sentence.’’.

21 ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated to carry out

23 this subtitle—

24 ‘‘(1) $1,000,000,000 for fiscal year 1996;

25 ‘‘(2) $1,150,000,000 for fiscal year 1997;
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1 ‘‘(3) $2,100,000,000 for fiscal year 1998;

2 ‘‘(4) $2,200,000,000 for fiscal year 1999; and

3 ‘‘(5) $2,270,000,000 for fiscal year 2000.’’.

4 SEC. 116. Notwithstanding provisions of 41 U.S.C.

5 353 or any other provision of law, the Federal Prison Sys6 tem may enter into contracts and other agreements with

7 private entities for the confinement of Federal prisoners for

8 a period not to exceed 3 years and 7 additional option

9 years.

10 SEC. 117. Public Law 101–246 (104 Stat. 42) is

11 amended by inserting ‘‘or Federal Bureau of Investigation’’

12 after ‘‘Drug Enforcement Administration’’.

13 SEC. 118. (a) Except as provided in subsection (b), the

14 restrictions on the commercial sale of goods and services

15 produced or provided by the Federal Prison Industries pro16 vided in section 1761 of title 18, United States Code, and

17 any other provision of law shall not apply.

18 (b) Goods or services may not be sold commercially

19 pursuant to subsection (a) unless the President certifies that

20 the sale of such goods or services will not result in the loss

21 of jobs in the private sector or adversely effect the sale of

22 private sector goods or services sold on a local or regional

23 basis.

24 (c) This section shall not be construed as authorizing

25 the appropriations of any additional appropriations.
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1 SEC. 119. PROVISION RELATING TO VOTER REGISTRA2 TION.—(a) IN GENERAL.—Subsection (b) of section 4 of the

3 National Voter Registration Act of 1993 (42 U.S.C. 1973gg–

4 2(b)) is amended by striking ‘‘March 11, 1993’’ each place

5 it appears and inserting ‘‘August 1, 1994’’.

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect as if included in the provisions

8 of the National Voter Registration Act of 1993.

9 SEC. 120. (a) GRANTS TO STATES.—(1) The Attorney

10 General shall make grants to States for the provision of

11 qualified legal services. To receive a grant under this para12 graph a State shall make an application to the Attorney

13 General. Such an application shall be in such form and

14 submitted in such manner as the Attorney General may re15 quire, except that the Attorney General shall not impose a

16 requirement on an individual or person as a condition to

17 bidding on a contract under subsection (b) or to being

18 awarded such a contract which requirement is different

19 from any other requirement of paragraph (d)(1) of this sec20 tion.

21 (2) Grants shall be made to States in such proportion

22 as the number of residents of each State which receives a

23 grant who live in households having incomes equal to or

24 less than the poverty line established under section 673(2)

25 of the Community Services Block Grant Act (42 U.S.C.
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1 9902(2)) bears to the total number of residents in the

2 United States living in such households: Provided, That, in

3 States which have significant numbers of such households

4 that are also Native American households, grants to such

5 States shall be equal to an amount that is 140 percent of

6 the amount such States would otherwise receive under this

7 paragraph.

8 (3) Each State may in any fiscal year retain for ad9 ministrative costs not more than 3 percent of the amount

10 granted to the State under paragraph (1) in such fiscal

11 year. The remainder of such grant shall be paid under con12 tracts to qualified legal service providers in the State for

13 the provision in the State of qualified legal services. If a

14 State which has received a grant under paragraph (1) has

15 at the end of any fiscal year funds which have not been

16 obligated, such State shall return such funds to the Attorney

17 General.

18 (4) No State may receive a grant under paragraph (1)

19 unless the State has certified to the Attorney General that

20 the State will comply with and enforce the requirements

21 of this section.

22 (5) None of the funds provided under paragraph (1)

23 shall be used by a qualified legal service provider—

24 (A) to make available any funds, personnel, or

25 equipment for use in advocating or opposing any
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1 plan or proposal or represent any party or partici2 pate in any other way in litigation, that is intended

3 to or has the effect of altering, revising, or reappor4 tioning a legislative, judicial, or elective district at

5 any level of government, including influencing the

6 timing or manner of the taking of a census;

7 (B) to attempt to influence the issuance, amend8 ment, or revocation of any executive order, regulation,

9 policy or similar promulgation by any Federal, State,

10 or local agency;

11 (C) to attempt to influence the passage or defeat

12 of any legislation, constitutional amendment, referen13 dum, initiative, confirmation proceeding, or any

14 similar procedure of the Congress of the United States

15 or by any State or local legislative body;

16 (D) to support or conduct training programs for

17 the purpose of advocating particular public policies

18 or encouraging political activities, labor or anti-labor

19 activities, boycotts, picketing, strikes, and demonstra20 tions, including the dissemination of information

21 about such policies or activities;

22 (E) to participate in any litigation, lobbying,

23 rulemaking or any other matter with respect to abor24 tion;
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1 (F) to provide legal assistance to an eligible cli2 ent with respect to a proceeding or litigation in which

3 the client seeks to obtain a dissolution of a marriage

4 or a legal separation from a spouse;

5 (G) to participate in any litigation or provide

6 any representation on behalf of a local, State, or Fed7 eral prisoner;

8 (H) to solicit in-person any client for the pur9 pose of providing any legal service;

10 (I) to pay for any personal service, advertise11 ment, telegram, telephone communication, letter, or

12 printed or written matter or to pay administrative

13 expenses or related expenses, associated with an activ14 ity prohibited in this paragraph;

15 (J) to pay any voluntary membership dues to

16 any private or non-profit organization; or

17 (K) to provide any subgrants for the provision of

18 qualified legal services.

19 (6) A State which receives a grant under paragraph

20 (1) and which also distributes State funds for the provision

21 of legal services or which permits the distribution of interest

22 on lawyers’ trust accounts for the provision of legal services

23 shall require that such State funds and such interest on

24 lawyers’ trust accounts be used to provide qualified legal

25 services to qualified clients and shall impose on the use of
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1 such State funds and such interest on lawyers’ trust ac2 counts the limitations prescribed by paragraph (5).

3 (7) A qualified legal service provider of any qualified

4 client or any client of such provider may not claim or col5 lect attorneys’ fees from parties to any litigation initiated

6 by such client.

7 (b) AWARDING OF CONTRACTS.—(1) Each State which

8 receives a grant under subsection (a)(1) shall make funds

9 under the grant available for contracts entered into for the

10 provision of qualified legal services within the State.

11 (2)(A) The Governor of each State shall designate the

12 authority of the State which shall be responsible for solicit13 ing and awarding bids for contracts for the provision of

14 qualified legal services within such State.

15 (B) The authority of a State designated under sub16 paragraph (A) shall designate service areas within the

17 State. Such service areas shall be the counties or parishes

18 within a State but such authority may combine contiguous

19 counties or parishes to form a service area to assure the

20 most efficient provision of qualified legal services within

21 available funds.

22 (3) A State shall allocate grant funds for contracts for

23 the provision of qualified legal services in a service area

24 on the same basis as grants are made available to States

25 under subsection (a)(2).
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1 (4) A State shall award a contract for the provision

2 of qualified legal services in a service area to the applicant

3 who is best qualified, as determined by the State, and who

4 in its bid offers to provide, in accordance with subsection

5 (c), the greatest number of hours of qualified legal services

6 in such area.

7 (5) A State contract awarded under paragraph (4)

8 shall be in such form as the State requires. The contract

9 shall provide for the rendering of bills supported by time

10 records at the close of each month in which qualified legal

11 services are provided. A State shall make payment to a

12 qualified legal service provider at the contact rate only for

13 hours of qualified legal services provided and supported by

14 appropriate records. The contract rate shall be the total dol15 lar amount of the contract divided by the total hours bid

16 by the qualified legal service provider. A State shall have

17 60 days to make full payment of such bills.

18 (c) REQUIREMENTS FOR THE PROVISION OF QUALI19 FIED LEGAL SERVICES UNDER A CONTRACT.—(1) The term

20 of a contract entered into under subsection (b) shall be not

21 more than 1 year.

22 (2) A qualified legal service provider shall service the

23 legal needs of qualified clients under a contract entered into

24 under subsection (b) in a professional manner consistent

25 with applicable law.
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1 (3) A qualified legal service provider shall maintain

2 a qualified client’s case file, including any pleadings and

3 research, at least until the later of 5 years after the resolu4 tion of client’s cause of action or 5 years after the termi5 nation of the contract under which services were provided

6 to such client.

7 (4) A qualified legal service provider shall keep daily

8 time records of the provision of services to a qualified client

9 in one tenth of an hour increments identifying such client,

10 the general nature of the work performed in each increment,

11 and the account which will be charged for such work.

12 (5) Each qualified client shall be provided a self-mail13 ing customer satisfaction questionnaire in a form approved

14 by the authority granting the contract under subsection (b)

15 which identifies the qualified legal service provider and is

16 preaddressed to such authority.

17 (6) Any qualified client who receives legal services

18 other than advice or legal services provided by mail or tele19 phone shall execute with respect to such services a waiver

20 of attorney client and attorney work product privilege as

21 a condition to receiving such service. The waiver shall be

22 limited to the extent necessary to determine the quantity

23 and quality of the service rendered by the qualified legal

24 service provider.
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1 (7) A qualified legal service provider shall make and

2 maintain records detailing the basis upon which the pro3 vider determined the qualifications of qualified clients.

4 Such records shall be made and maintained for 5 years fol5 lowing the termination of a contract under subsection (b)

6 for the provision of legal services to such clients.

7 (8) A qualified legal service provider shall consent to

8 audits by the General Accounting Office, the Attorney Gen9 eral, and the authority which awarded a contract to such

10 provider. Any such audit may be conducted at the provid11 er’s principal place of business. Such an audit shall be lim12 ited to a determination of whether such provider is meeting

13 the requirements of this Act and the provider’s contract

14 under subsection (b). In addition, a qualified legal service

15 provider shall conduct an annual financial audit by a

16 qualified certified public accountant which encompasses the

17 entire term of a contract awarded under subsection (b), and

18 shall transmit a report of such audit to the authority which

19 awarded a contract to such provider within 60 days of the

20 termination of such contract.

21 (9) A contract awarded under subsection (b) shall re22 quire that all funds received by the qualified legal services

23 provider from any source be used exclusively to provide

24 qualified legal services to qualified clients and shall impose
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1 on the use of such funds the limitations prescribed by para2 graph (a)(5).

3 (10) The authority which awarded a contract shall ter4 minate a qualified legal service provider who fails to abide

5 by the terms of this section. A breach of contract by a quali6 fied legal service provider shall require the authority to ter7 minate the contract, to award a new contract to a different

8 qualified legal services provider, and to recover any funds

9 improperly expended by the provider, together with reason10 able attorneys’ fees and interest at the statutory rate in the

11 State for interest on judgments. If such a breach was willful,

12 the provider shall pay to the authority which awarded the

13 contract additional damages equal to the one half of the

14 amount improperly expended by the provider.

15 (d) For purposes of this section:

16 (1)(A) The term ‘‘qualified legal service pro17 vider’’ means—

18 (i) any individual who is licensed to prac19 tice law in a State for not less than 3 calendar

20 years, who has practiced law in such State not

21 less than 3 calendar years, and who is so li22 censed during the period of a contract under sub23 section (b); or
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1 (ii) a person who employs an individual de2 scribed in clause (i) to provide qualified legal

3 services.

4 Nothing in this subparagraph shall be interpreted to

5 prohibit a qualified legal service provider from em6 ploying an individual who is not described in clause

7 (i) to assist in providing qualified legal services.

8 (B) No individual shall be considered a qualified

9 legal service provider if such individual during the 10

10 years preceding the submission of a bid for a contract

11 under subsection (b)—

12 (i) has been convicted of a felony;

13 (ii) has been suspended or disbarred from

14 the practice of law for misconduct, incompetence,

15 or neglect of a client in any State;

16 (iii) has been found in contempt of a court

17 of competent jurisdiction in any State or Federal

18 court;

19 (iv) has been sanctioned under Federal Rule

20 of Civil Procedure 11 or an equivalent State rule

21 of procedure applicable in civil actions;

22 (v) has been sanctioned by the Legal Serv23 ices Corporation; or

24 (vi) is a subgrantee of a qualified legal serv25 ices provider; or if such individual has a crimi-
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1 nal charge pending on the date of the submission

2 of a bid for a contract under subsection (b).

3 (C) No State may impose a requirement on an

4 individual or person as a condition to bidding on a

5 contract under subsection (b) or to being awarded

6 such a contract which requirement is different from

7 any other requirement of this paragraph.

8 (2) The term ‘‘qualified legal services’’ means—

9 (A) mediation, negotiation, arbitration,

10 counseling, advice, instruction, referral, or rep11 resentation, and

12 (B) legal research or drafting in support of

13 the services described in subparagraph (A), pro14 vided by or under the supervision of a qualified

15 legal service provider to a qualified client for a

16 qualified cause of action.

17 (3) The term ‘‘qualified client’’ means any indi18 vidual who is a United States citizen or an alien ad19 mitted for permanent residence prior to the date of

20 enactment of this Act who resides in a household the

21 income of which from any source, which was received

22 or held for the benefit of a member of the household,

23 was equal to or less than the poverty line established

24 under section 673(2) of the Community Services Block
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1 Grant Act (42 U.S.C. 9902(2)). The term ‘‘household’’

2 means a dwelling occupied by at least one adult.

3 (4)(A) The term ‘‘qualified cause of action’’

4 means only a civil cause of action which results only

5 from—

6 (i) landlord and tenant disputes, including

7 an eviction from housing except an eviction

8 where the prima facie case for the eviction is

9 based on criminal conduct, including the harbor10 ing of a nuisance who has engaged in criminal

11 conduct;

12 (ii) foreclosure of a debt on a qualified cli13 ent’s residence;

14 (iii) the filing of a petition under chapter

15 7 or 12 of title 11, United States Code, or under

16 chapter 13 of such title unless a petition of evic17 tion has preceded the filing of such petition;

18 (iv) enforcement of a debt;

19 (v) enforcement of child support orders;

20 (vi) action to quiet title;

21 (vii) spousal or child abuse on behalf of the

22 abused party;

23 (viii) an insurance claim;

24 (ix) competency hearing; or

25 (x) probate.
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1 (B) Such term does not include—

2 (i) a class action under Federal, State, or

3 local law; or

4 (ii) any challenge to the constitutionality of

5 any statute.

6 (5) The term ‘‘State’’ means any State of the

7 United States, the District of Columbia, the Common8 wealth of Puerto Rico, the Virgin Islands, Guam,

9 American Samoa, the Trust Territory of the Pacific

10 Islands, and any other territory or possession of the

11 United States and includes any recognized governing

12 body of an Indian Tribe or Alaskan Native Village

13 that carries out substantial governmental powers and

14 duties.

15 (e)(1) The Legal Services Corporation Act (42 U.S.C.

16 2996 et seq.) is repealed.

17 (2) The assets, liabilities, contracts, property, records,

18 and unexpended balances of appropriations, authorizations,

19 allocations, and other funds employed, used, held, arising

20 from, available to, or to be made available in connection

21 with the Legal Services Corporation shall be transferred to

22 Office of the Attorney General.

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

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

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United

9 States Trade Representative, including the hire of pas10 senger motor vehicles and the employment of experts and

11 consultants as authorized by 5 U.S.C. 3109, $20,949,000

12 $20,889,000, of which $2,500,000 shall remain available

13 until expended: Provided, That not to exceed $98,000 shall

14 be available for official reception and representation ex15 penses.

16 INTERNATIONAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the International Trade

19 Commission, including hire of passenger motor vehicles

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

21 exceed $2,500 for official reception and representation ex22 penses, $42,500,000 $34,000,000, to remain available until

23 expended.
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1 DEPARTMENT OF COMMERCE

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

4 For necessary expenses for international trade activi5 ties of the Department of Commerce provided for by law,

6 and engaging in trade promotional activities abroad, in7 cluding expenses of grants and cooperative agreements for

8 the purpose of promoting exports of United States firms,

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

10 coverage for dependent members of immediate families of

11 employees stationed overseas and employees temporarily

12 posted overseas; travel and transportation of employees of

13 the United States and Foreign Commercial Service be14 tween two points abroad, without regard to 49 U.S.C.

15 1517; employment of Americans and aliens by contract for

16 services; rental of space abroad for periods not exceeding

17 ten years, and expenses of alteration, repair, or improve18 ment; purchase or construction of temporary demountable

19 exhibition structures for use abroad; payment of tort

20 claims, in the manner authorized in the first paragraph

21 of 28 U.S.C. 2672 when such claims arise in foreign coun22 tries; not to exceed $327,000 for official representation

23 expenses abroad; purchase of passenger motor vehicles for

24 official use abroad, not to exceed $30,000 per vehicle; ob25 tain insurance on official motor vehicles; and rent tie lines
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1 and teletype equipment; $264,885,000 $219,579,000, to

2 remain available until expended: Provided, That the provi3 sions of the first sentence of section 105(f) and all of sec4 tion 108(c) of the Mutual Educational and Cultural Ex5 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

6 apply in carrying out these activities without regard to 15

7 U.S.C. 4912; and that for the purpose of this Act, con8 tributions under the provisions of the Mutual Educational

9 and Cultural Exchange Act shall include payment for as10 sessments for services provided as part of these activities.

11 EXPORT ADMINISTRATION

12 OPERATIONS AND ADMINISTRATION

13 For necessary expenses for export administration and

14 national security activities of the Department of Com15 merce, including costs associated with the performance of

16 export administration field activities both domestically and

17 abroad; full medical coverage for dependent members of

18 immediate families of employees stationed overseas; em19 ployment of Americans and aliens by contract for services

20 abroad; rental of space abroad for periods not exceeding

21 ten years, and expenses of alteration, repair, or improve22 ment; payment of tort claims, in the manner authorized

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

24 arise in foreign countries; not to exceed $15,000 for offi25 cial representation expenses abroad; awards of compensa-
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1 tion to informers under the Export Administration Act of

2 1979, and as authorized by 22 U.S.C. 401(b); purchase

3 of passenger motor vehicles for official use and motor vehi4 cles for law enforcement use with special requirement vehi5 cles eligible for purchase without regard to any price limi6 tation otherwise established by law; $38,644,000

7 $30,504,000, to remain available until expended: Provided,

8 That the provisions of the first sentence of section 105(f)

9 and all of section 108(c) of the Mutual Educational and

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

11 2458(c)) shall apply in carrying out these activities.

12 ECONOMIC DEVELOPMENT ADMINISTRATION

13 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

14 For grants for economic development assistance as

15 provided by the Public Works and Economic Development

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

17 laws that were in effect immediately before September 30,

18 1982, and for trade adjustment assistance, $328,500,000

19 $89,000,000: Provided, That none of the funds appro20 priated or otherwise made available under this heading

21 may be used directly or indirectly for attorneys’ or consult22 ants’ fees in connection with securing grants and contracts

23 made by the Economic Development Administration: Pro24 vided further, That, notwithstanding any other provision

25 of law, the Secretary of Commerce may provide financial
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1 assistance for projects to be located on military installa2 tions closed or scheduled for closure or realignment to

3 grantees eligible for assistance under the Public Works

4 and Economic Development Act of 1965, as amended,

5 without it being required that the grantee have title or

6 ability to obtain a lease for the property, for the useful

7 life of the project, when in the opinion of the Secretary

8 of Commerce, such financial assistance is necessary for

9 the economic development of the area: Provided further,

10 That the Secretary of Commerce may, as the Secretary

11 considers appropriate, consult with the Secretary of De12 fense regarding the title to land on military installations

13 closed or scheduled for closure or realignment.

14 SALARIES AND EXPENSES

15 For necessary expenses of administering the eco16 nomic development assistance programs as provided for by

17 law, $20,000,000 $11,000,000: Provided, That these funds

18 may be used to monitor projects approved pursuant to title

19 I of the Public Works Employment Act of 1976, as

20 amended, title II of the Trade Act of 1974, as amended,

21 and the Community Emergency Drought Relief Act of

22 1977.

23 MINORITY BUSINESS DEVELOPMENT AGENCY

24 MINORITY BUSINESS DEVELOPMENT

25 For necessary expenses of the Department of Com26 merce in fostering, promoting, and developing minority
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1 business enterprise, including expenses of grants, con2 tracts, and other agreements with public or private organi3 zations, $32,000,000.

4 Of the unobligated balances contained in this account,

5 $1,000,000 shall be transferred to the Commerce Reorga6 nization Transition Fund.

7 UNITED STATES TRAVEL AND TOURISM

8 ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the United States Travel

11 and Tourism Administration for participation in the White

12 House Conference on Travel and Tourism, $2,000,000, to

13 remain available until December 31, 1995: Provided, That

14 none of the funds appropriated by this paragraph shall

15 be available to carry out the provisions of section 203(a)

16 of the International Travel Act of 1961, as amended.

17 ECONOMIC AND INFORMATION INFRASTRUCTURE

18 ECONOMIC AND STATISTICAL ANALYSIS

19 SALARIES AND EXPENSES

20 For necessary expenses, as authorized by law, of eco21 nomic and statistical analysis programs of the Department

22 of Commerce, $40,000,000 $57,220,000, to remain avail23 able until September 30, 1997.
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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, $136,000,000 $144,812,000.

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, $135,000,000 $193,450,000, to remain available until

21 expended.

22 NATIONAL TELECOMMUNICATIONS AND INFORMATION

23 ADMINISTRATION

24 SALARIES AND EXPENSES

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

26 the National Telecommunications and Information Ad-
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1 ministration, $19,709,000 $5,000,000, to remain available

2 until expended: 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 for

7 all costs incurred in telecommunications research, engi8 neering, 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 (TRANSFER OF FUNDS)

14 For spectrum management, $9,000,000 shall be made

15 available until expended to be derived by transfer from un16 obligated balances of the Working Capital Fund in the De17 partment of Justice.

18 PUBLIC BROADCASTING FACILITIES, PLANNING AND

19 CONSTRUCTION

20 For grants authorized by section 392 of the Commu21 nications Act of 1934, as amended, $19,000,000

22 $10,000,000, to remain available until expended as author23 ized by section 391 of the Act, as amended: Provided, That

24 not to exceed $2,200,000 shall be available for program

25 administration as authorized by section 391 of the Act:

26 Provided further, That notwithstanding the provisions of
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1 section 391 of the Act, the prior year unobligated balances

2 may be made available for grants for projects for which

3 applications have been submitted and approved during any

4 fiscal year.

5 INFORMATION INFRASTRUCTURE GRANTS

6 For grants authorized by section 392 of the Commu7 nications Act of 1934, as amended, $40,000,000, to re8 main available until expended as authorized by section 391

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

10 $4,000,000 shall be available for program administration

11 and other support activities as authorized by section 391

12 of the Act including support of the Advisory Council on

13 National Information Infrastructure: Provided further,

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

15 percent may be available for telecommunications research

16 activities for projects related directly to the development

17 of a national information infrastructure: Provided further,

18 That notwithstanding the requirements of section 392(a)

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

20 planning and construction of telecommunications networks

21 for the provision of educational, cultural, health care, pub22 lic information, public safety or other social services.

23 PATENT AND TRADEMARK OFFICE

24 SALARIES AND EXPENSES

25 For necessary expenses of the Patent and Trademark

26 Office provided for by law, including defense of suits insti-
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1 tuted against the Commissioner of Patents and Trade2 marks; $90,000,000 $56,324,000, to remain available until

3 expended: Provided, That the funds made available under

4 this heading are to be derived from deposits in the Patent

5 and Trademark Office Fee Surcharge Fund as authorized

6 by law: Provided further, That the amounts made available

7 under the Fund shall not exceed amounts deposited; and

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

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

10 expended.

11 SCIENCE AND TECHNOLOGY

12 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

13 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

14 For necessary expenses of the National Institute of

15 Standards and Technology, $263,000,000 $222,737,000,

16 to remain available until expended, of which not to exceed

17 $8,500,000 may be transferred to the ‘‘Working Capital

18 Fund’’.

19 INDUSTRIAL TECHNOLOGY SERVICES

20 For necessary expenses of the Manufacturing Exten21 sion Partnership of the National Institute of Standards

22 and Technology and the Advanced Technology Program,

23 $81,100,000 $76,600,000, to remain available until ex24 pended, of which not to exceed $500,000 may be trans25 ferred to the ‘‘Working Capital Fund’’: Provided, That

26 none of the funds made available under this heading in
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1 this or any other Act may be used for the purposes of

2 carrying out additional program competitions under the

3 Advanced Technology Program: Provided further, That

4 any unobligated balances available from carryover of prior

5 year appropriations under the Advanced Technology Pro6 gram may be used only for the purposes of providing con7 tinuation grants.

8 CONSTRUCTION OF RESEARCH FACILITIES

9 For construction of new research facilities, including

10 architectural and engineering design, and for renovation

11 of existing facilities, not otherwise provided for the Na12 tional Institute of Standards and Technology, as author13 ized by 15 U.S.C. 278c–278e, $60,000,000 $24,000,000,

14 to remain available until expended.

15 NATIONAL OCEANIC AND ATMOSPHERIC

16 ADMINISTRATION

17 OPERATIONS, RESEARCH, AND FACILITIES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of activities authorized by law

20 for the National Oceanic and Atmospheric Administration,

21 including acquisition, maintenance, operation, and hire of

22 aircraft; not to exceed 358 commissioned officers on the

23 active list; grants, contracts, or other payments to non24 profit organizations for the purposes of conducting activi25 ties pursuant to cooperative agreements; and alteration,

26 modernization, and relocation of facilities as authorized by
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1 33 U.S.C. 883i; $1,724,452,000 $1,809,092,000, to remain

2 available until expended: Provided, That notwithstanding

3 31 U.S.C. 3302 but consistent with other existing law,

4 fees shall be assessed, collected, and credited to this appro5 priation as offsetting collections to be available until ex6 pended, to recover the costs of administering aeronautical

7 charting programs: Provided further, That the sum herein

8 appropriated from the general fund shall be reduced as

9 such additional fees are received during fiscal year 1996,

10 so as to result in a final general fund appropriation esti11 mated at not more than $1,721,452,000 $1,806,092,000:

12 Provided further, That any such additional fees received

13 in excess of $3,000,000 in fiscal year 1996 shall not be

14 available for obligation until October 1, 1996: Provided

15 further, That fees and donations received by the National

16 Ocean Service for the management of the national marine

17 sanctuaries may be retained and used for the salaries and

18 expenses associated with those activities, notwithstanding

19 31 U.S.C. 3302: Provided further, That in addition,

20 $57,500,000 $55,500,000 shall be derived by transfer from

21 the fund entitled ‘‘Promote and Develop Fishery Products

22 and Research Pertaining to American Fisheries’’: Pro23 vided further, That grants to States pursuant to sections

24 306 and 306(a) of the Coastal Zone Management Act, as

25 amended, shall not exceed $2,000,000.
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1 COASTAL ZONE MANAGEMENT FUND

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

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

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

5 16 U.S.C. 1461(c) 1461(e).

6 CONSTRUCTION

7 For repair and modification of, and additions to, ex8 isting facilities and construction of new facilities, and for

9 facility planning and design and land acquisition not oth10 erwise provided for the National Oceanic and Atmospheric

11 Administration, $42,731,000 $50,000,000, to remain avail12 able until expended.

13 FLEET MODERNIZATION, SHIPBUILDING AND

14 CONVERSION

15 For expenses necessary for the repair,–acquisition,

16 leasing, or conversion of vessels, including related equip17 ment to maintain and modernize the existing fleet and to

18 continue planning the modernization of the fleet, for the

19 National Oceanic and Atmospheric Administration,

20 $8,000,000, to remain available until expended.

21 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

22 FUND

23 For carrying out the provisions of section 3 of Public

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

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

26 to remain available until expended.
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1 FISHERMEN’S CONTINGENCY FUND

2 For carrying out the provisions of title IV of Public

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

4 receipts collected pursuant to that Act, to remain available

5 until expended.

6 FOREIGN FISHING OBSERVER FUND

7 For expenses necessary to carry out the provisions

8 of the Atlantic Tunas Convention Act of 1975, as amend9 ed (Public Law 96–339), the Magnuson Fishery Conserva10 tion and Management Act of 1976, as amended (Public

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

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

13 fees imposed under the foreign fishery observer program

14 authorized by these Acts, not to exceed $196,000, to re15 main available until expended.

16 FISHING VESSEL OBLIGATIONS GUARANTEES

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

18 Credit Reform Act of 1990, of guaranteed loans authorized

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

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

21 heading may be used to guarantee loans for the purchase

22 of any new or existing fishing vessel.
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1 TECHNOLOGY ADMINISTRATION

2 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

3 TECHNOLOGY POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Under Secretary for

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

7 GENERAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For expenses necessary for the general administra10 tion of the Department of Commerce provided for by law,

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

12 $29,100,000.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector

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

17 as amended by Public Law 100–504), $21,849,000.

18 COMMERCE REORGANIZATION TRANSITION FUND

19 For deposit in the Commerce Reorganization Transi20 tion Fund established under section 206(c)(1) of this Act

21 for use in accordance with section 206(c)(4) of this Act,

22 $52,000,000, in addition to amounts made available by

23 transfer, which amount shall remain available until ex24 pended: Provided, That of these funds $4,000,000 shall be

25 remitted to the Office of Personnel Management for deposit
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1 in the Treasury of the United States to the credit of the

2 Civil Service Retirement and Disability Fund.

3 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

5 appropriations and funds made available to the Depart6 ment of Commerce by this Act shall be available for the

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

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

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

10 be used for advanced payments not otherwise authorized

11 only upon the certification of officials designated by the

12 Secretary that such payments are in the public interest.

13 SEC. 202. During the current fiscal year, appropria14 tions made available to the Department of Commerce by

15 this Act for salaries and expenses shall be available for

16 hire of passenger motor vehicles as authorized by 31

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

18 3109; and uniforms or allowances therefor, as authorized

19 by law (5 U.S.C. 5901–5902).

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

21 Act may be used to support the hurricane reconnaissance

22 aircraft and activities that are under the control of the

23 United States Air Force or the United States Air Force

24 Reserve.
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1 SEC. 204. None of the funds provided in this or any

2 previous Act, or hereinafter made available to the Depart3 ment of Commerce shall be available to reimburse the Un4 employment Trust Fund or any other fund or account of

5 the Treasury to pay for any expenses paid before October

6 1, 1992, as authorized by section 8501 of title 5, United

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

8 by individuals appointed to temporary positions within the

9 Bureau of the Census for purposes relating to the 1990

10 decennial census of population.

11 SEC. 205. Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for the De13 partment of Commerce in this Act may be transferred be14 tween such appropriations, but no such appropriation shall

15 be increased by more than 10 percent by any such trans16 fers: Provided, That any transfer pursuant to this section

17 shall be treated as a reprogramming of funds under sec18 tion 605 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section.

21 SEC. 206. CONSOLIDATION OF FUNCTIONS OF COMMERCE

22 DEPARTMENT.

23 (a) CONSOLIDATION.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, the Director of the Office of Manage-
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1 ment and Budget shall, in consultation with the Sec2 retary of Commerce—

3 (A) abolish, reorganize, consolidate, or

4 transfer such functions that either receive fund5 ing or are eliminated under this title as the Di6 rector considers appropriate in order to meet the

7 requirements and limitations set forth in this

8 title; and

9 (B) terminate or transfer such personnel as10 sociated with such functions as the Director con11 siders appropriate in order to meet such require12 ments and limitations.

13 (2) TRANSITION RULES.—The Director of the Of14 fice of Management and Budget shall establish such

15 rules and procedures relating to the abolishment, reor16 ganization, consolidation, or transfer of functions

17 under this subsection as the Director considers appro18 priate, including rules and procedures relating to the

19 rights and responsibilities of personnel of the Govern20 ment terminated, transferred, or otherwise affected by

21 such the abolishment, reorganization, consolidation,

22 or transfer.

23 (b) BUY OUT AUTHORITY.—

24 (1) IN GENERAL.—The Secretary of Commerce

25 may, for such officers and employees as the Secretary
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1 considers appropriate as part of the activities of the

2 Secretary under subsection (a), authorize a payment

3 to officers and employees who voluntarily separate on

4 or before December 15, 1995, whether by retirement or

5 resignation.

6 (2) PAYMENT REQUIREMENT.—Payment under

7 paragraph (1) shall be paid in accordance with the

8 provisions of sections 3 and 4 of the Federal

9 Workforce Restructuring Act of 1994 (Public Law

10 103–226; 108 Stat. 111), except that an employee of

11 the agency shall be deemed to be eligible for payment

12 of a voluntary separation incentive payment under

13 that section if the employee separates from service

14 with the agency during the period beginning on the

15 date of enactment of this Act and ending on December

16 15, 1995.

17 (3) FUNDING.—

18 (A) IN GENERAL.—The payment of vol19 untary separation incentive payments under this

20 subsection shall be made from funds in the Com21 merce Reorganization Transition Fund estab22 lished under subsection (c).

23 (B) PAYMENT DEPENDENT ON FUNDING.—

24 The Secretary of Commerce may not pay vol25 untary separation incentive payments under this
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1 subsection unless sufficient funds are available in

2 the Commerce Reorganization Fund to cover the

3 cost of such payments and the costs of any other

4 payments (including payments or deposits to re5 tirement systems) required in relation to such

6 payments.

7 (c) COMMERCE REORGANIZATION TRANSITION

8 FUND.—

9 (1) ESTABLISHMENT.—There is hereby estab10 lished on the books of the Treasury an account to be

11 known as the ‘‘Commerce Reorganization Transition

12 Fund’’.

13 (2) PURPOSE.—The purpose of the account is to

14 provide funds for the following:

15 (A) To cover the costs of actions relating to

16 the abolishment, reorganization, consolidation, or

17 transfer of functions under subsection (a).

18 (B) To the cover the costs of the payment of

19 payments under subsection (b), including any

20 payments or deposits to retirement systems re21 quired in relation to such payment.

22 (3) DEPOSITS.—There shall be deposited into the

23 account such sums as may be appropriated or trans24 ferred to the account.
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1 (4) USE OF FUNDS.—Sums in the account shall

2 be available for the purpose set forth in paragraph

3 (2).

4 (5) REPORT ON ACCOUNT.—Not later than Octo5 ber 1, 1997, the Secretary of Commerce shall transmit

6 to the Committees on Appropriations and Commerce,

7 Science, and Transportation of the Senate and the

8 Committees on Appropriations and Government Re9 form and Oversight of the House of Representatives a

10 report containing an accounting of the expenditures

11 from the account established under this subsection.

12 This title may be cited as the ‘‘Department of Com13 merce and Related Agencies Appropriations Act, 1996’’.

14 TITLE III—THE JUDICIARY

15 SUPREME COURT OF THE UNITED STATES

16 SALARIES AND EXPENSES

17 For expenses necessary for the operation of the Su18 preme Court, as required by law, excluding care of the

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

20 maintenance and operation of an automobile for the Chief

21 Justice, not to exceed $10,000 for the purpose of trans22 porting Associate Justices, and hire of passenger motor

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

24 to exceed $10,000 for official reception and representation
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1 expenses; and for miscellaneous expenses, to be expended

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

3 CARE OF THE BUILDING AND GROUNDS

4 For such expenditures as may be necessary to enable

5 the Architect of the Capitol to carry out the duties im6 posed upon him by the Act approved May 7, 1934 (40

7 U.S.C. 13a–13b), $3,313,000, of which $500,000

8 $565,000 shall remain available until expended.

9 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

10 CIRCUIT

11 SALARIES AND EXPENSES

12 For salaries of the chief judge, judges, and other offi13 cers and employees, and for necessary expenses of the

14 court, as authorized by law, $14,070,000 $14,288,000.

15 UNITED STATES COURT OF INTERNATIONAL TRADE

16 SALARIES AND EXPENSES

17 For salaries of the chief judge and eight judges, sala18 ries of the officers and employees of the court, services

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

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

21 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

22 JUDICIAL SERVICES

23 SALARIES AND EXPENSES

24 For the salaries of circuit and district judges (includ25 ing judges of the territorial courts of the United States),

26 justices and judges retired from office or from regular ac-
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1 tive service, judges of the United States Court of Federal

2 Claims, bankruptcy judges, magistrate judges, and all

3 other officers and employees of the Federal Judiciary not

4 otherwise specifically provided for, and necessary expenses

5 of the courts, as authorized by law, $2,409,024,000

6 $2,471,195,000 (including the purchase of firearms and

7 ammunition); of which not to exceed $13,454,000 shall re8 main available until expended for space alteration projects;

9 of which not to exceed $10,000,000 shall remain available

10 until expended for furniture and furnishings related to

11 new space alteration and construction projects; and of

12 which $500,000 is to remain available until expended for

13 acquisition of books, periodicals, and newspapers, and all

14 other legal reference materials, including subscriptions.

15 In addition, for expenses of the United States Court

16 of Federal Claims associated with processing cases under

17 the National Childhood Vaccine Injury Act of 1986, not

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

19 Injury Compensation Trust Fund.

20 VIOLENT CRIME REDUCTION PROGRAMS

21 For activities of the Federal Judiciary as authorized

22 by law, $41,500,000 $30,000,000, to remain available until

23 expended, which shall be derived from the Violent Crime

24 Reduction Trust Fund, as authorized by section

25 190001(a) of Public Law 103–322.
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1 DEFENDER SERVICES

2 For the operation of Federal Public Defender and

3 Community Defender organizations, the compensation and

4 reimbursement of expenses of attorneys appointed to rep5 resent persons under the Criminal Justice Act of 1964,

6 as amended, the compensation and reimbursement of ex7 penses of persons furnishing investigative, expert and

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

9 3006A(e)), the compensation (in accordance with Criminal

10 Justice Act maximums) and reimbursement of expenses

11 of attorneys appointed to assist the court in criminal cases

12 where the defendant has waived representation by counsel,

13 the compensation and reimbursement of travel expenses

14 of guardians ad litem acting on behalf of financially eligi15 ble minor or incompetent offenders in connection with

16 transfers from the United States to foreign countries with

17 which the United States has a treaty for the execution

18 of penal sentences, and the compensation of attorneys ap19 pointed to represent jurors in civil actions for the protec20 tion of their employment, as authorized by 28 U.S.C.

21 1875(d), $260,000,000 $274,433,000, to remain available

22 until expended as authorized by 18 U.S.C. 3006A(i): Pro23 vided, That none of the funds provided in this Act shall

24 be available for Death Penalty Resource Centers or Post25 Conviction Defender Organizations after April 1, 1996.
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1 FEES OF JURORS AND COMMISSIONERS

2 For fees and expenses of jurors as authorized by 28

3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases

6 pursuant to rule 71A(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71A(h)); $59,028,000,

8 to remain available until expended: Provided, That the

9 compensation of land commissioners shall not exceed the

10 daily equivalent of the highest rate payable under section

11 5332 of title 5, United States Code.

12 COURT SECURITY

13 For necessary expenses, not otherwise provided for,

14 incident to the procurement, installation, and maintenance

15 of security equipment and protective services for the Unit16 ed States Courts in courtrooms and adjacent areas, in17 cluding building ingress-egress control, inspection of pack18 ages, directed security patrols, and other similar activities

19 as authorized by section 1010 of the Judicial Improvement

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

21 $109,724,000 $102,000,000, to be expended directly or

22 transferred to the United States Marshals Service which

23 shall be responsible for administering elements of the Ju24 dicial Security Program consistent with standards or

25 guidelines agreed to by the Director of the Administrative
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1 Office of the United States Courts and the Attorney Gen2 eral.

3 ADMINISTRATIVE OFFICE OF THE UNITED STATES

4 COURTS

5 SALARIES AND EXPENSES

6 For necessary expenses of the Administrative Office

7 of the United States Courts as authorized by law, includ8 ing travel as authorized by 31 U.S.C. 1345, hire of a pas9 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

10 advertising and rent in the District of Columbia and else11 where, $47,500,000, of which not to exceed $7,500 is au12 thorized for official reception and representation expenses.

13 FEDERAL JUDICIAL CENTER

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Judicial Cen16 ter, as authorized by Public Law 90–219, $18,828,000

17 $17,000,000; of which $1,800,000 shall remain available

18 through September 30, 1997, to provide education and

19 training to Federal court personnel; and of which not to

20 exceed $1,000 is authorized for official reception and rep21 resentation expenses.

22 JUDICIAL RETIREMENT FUNDS

23 PAYMENT TO JUDICIARY TRUST FUNDS

24 For payment to the Judicial Officers’ Retirement

25 Fund, as authorized by 28 U.S.C. 377(o), $24,000,000,
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1 to the Judicial Survivors’ Annuities Fund, as authorized

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

3 States Court of Federal Claims Judges’ Retirement Fund,

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

5 UNITED STATES SENTENCING COMMISSION

6 SALARIES AND EXPENSES

7 For the salaries and expenses necessary to carry out

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

9 Code, $8,500,000 $7,040,000, of which not to exceed

10 $1,000 is authorized for official reception and representa11 tion expenses.

12 GENERAL PROVISIONS—THE JUDICIARY

13 SEC. 301. Appropriations and authorizations made in

14 this title which are available for salaries and expenses shall

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

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

17 available for salaries and expenses of the Special Court

18 established under the Regional Rail Reorganization Act of

19 1973, Public Law 93–236.

20 SEC. 303. Not to exceed 5 percent of any appropria21 tion made available for the current fiscal year for the Judi22 ciary in this Act may be transferred between such appro23 priations, but no such appropriation, except as otherwise

24 specifically provided, shall be increased by more than 10

25 percent by any such transfers: Provided, That any transfer
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1 pursuant to this section shall be treated as a

2 reprogramming of funds under section 605 of this Act and

3 shall not be available for obligation or expenditure except

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

5 SEC. 304. Notwithstanding any other provision of

6 law, the salaries and expenses appropriation for district

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

8 be available for official reception and representation ex9 penses of the Judicial Conference of the United States:

10 Provided, That such available funds shall not exceed

11 $10,000 and shall be administered by the Director of the

12 Administrative Office of the United States Courts in his

13 capacity as Secretary of the Judicial Conference.

14 This title may be cited as ‘‘The Judiciary Appropria15 tions Act, 1996’’.

16 TITLE IV—DEPARTMENT OF STATE AND

17 RELATED AGENCIES

18 DEPARTMENT OF STATE

19 ADMINISTRATION OF FOREIGN AFFAIRS

20 DIPLOMATIC AND CONSULAR PROGRAMS

21 For necessary expenses of the Department of State

22 and the Foreign Service not otherwise provided for, includ23 ing expenses authorized by the State Department Basic

24 Authorities Act of 1956, as amended; representation to

25 certain international organizations in which the United
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1 States participates pursuant to treaties, ratified pursuant

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

3 of Congress; acquisition by exchange or purchase of pas4 senger motor vehicles as authorized by 31 U.S.C. 1343,

5 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

6 of general administration $1,716,878,000 $1,552,165,000:

7 Provided, That starting in fiscal year 1997, a system shall

8 be in place that allocates to each department and agency

9 the full cost of its presence outside of the United States.

10 Of the funds provided under this heading,

11 $24,856,000 shall be available only for the Diplomatic

12 Telecommunications Service for operation of existing base

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

14 only for the enhancement of the Diplomatic Telecommuni15 cations Service (DTS), except that such latter amount

16 shall not be available for obligation until the expiration

17 of the 15-day period beginning on the date on which the

18 Secretary of State and the Director of the Diplomatic

19 Telecommunications Service Program Office submit the

20 DTS pilot program report required by section 507 of Pub21 lic Law 103–317.

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

23 fees collected pursuant to section 38 of the Arms Export

24 Control Act, as amended, may be used in accordance with

25 section 45 of the State Department Basic Authorities Act
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1 of 1956, 22 U.S.C. 2717; and in addition not to exceed

2 $1,223,000 shall be derived from fees from other executive

3 agencies for lease or use of facilities located at the Inter4 national Center in accordance with section 4 of the Inter5 national Center Act (Public Law 90–553, as amended by

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

7 to exceed $15,000 which shall be derived from reimburse8 ments, surcharges, and fees for use of Blair House facili9 ties in accordance with section 46 of the State Department

10 Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).

11 Notwithstanding section 402 of this Act, not to ex12 ceed 20 percent of the amounts made available in this Act

13 in the appropriation accounts, ‘‘Diplomatic and Consular

14 Programs’’ and ‘‘Salaries and Expenses’’ under the head15 ing ‘‘Administration of Foreign Affairs’’ may be trans16 ferred between such appropriation accounts: Provided,

17 That any transfer pursuant to this section shall be treated

18 as a reprogramming of funds under section 605 of this

19 Act and shall not be available for obligation or expenditure

20 except in compliance with the procedures set forth in that

21 section.

22 For an additional amount for security enhancement

23 enhancements, to counter the threat of terrorism,

24 $9,720,000, to remain available until expended.
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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 $335,276,000.

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 FOREIGN AFFAIRS REORGANIZATION TRANSITION FUND

12 For deposit in the Foreign Affairs Reorganization

13 Transition Fund established under section 404(c)(1) of this

14 Act for use in accordance with section 404(c)(4) of this Act,

15 $26,000,000 to remain available until expended: Provided,

16 That of these funds, $3,000,000 shall be remitted to the Of17 fice of Personnel Management for deposit in the Treasury

18 of the United States to the credit of the Civil Service Retire19 ment and Disability Fund: Provided further, That of these

20 funds $1,000,000 shall be remitted to the Office of Personnel

21 Management for deposit in the Treasury of the United

22 States to the credit of the Foreign Service Retirement and

23 Disability Fund.

24 CAPITAL INVESTMENT FUND

25 For necessary expenses of the Capital Investment

26 Fund, $16,400,000 $8,200,000, to remain available until
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1 expended, as authorized in Public Law 103–236: Provided,

2 That section 135(e) of Public Law 103–236 shall not

3 apply to funds appropriated under this heading.

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.),

8 $27,669,000 $27,350,000: Provided, That notwithstanding

9 any other provision of law, (1) the Office of the Inspector

10 General of the United States Information Agency is here11 by merged with the Office of the Inspector General of the

12 Department of State; (2) the functions exercised and as13 signed to the Office of the Inspector General of the United

14 States Information Agency before the effective date of this

15 Act (including all related functions) are transferred to the

16 Office of the Inspector General of the Department of

17 State; and (3) the Inspector General of the Department

18 of State shall also serve as the Inspector General of the

19 United States Information Agency.

20 REPRESENTATION ALLOWANCES

21 For representation allowances as authorized by sec22 tion 905 of the Foreign Service Act of 1980, as amended

23 (22 U.S.C. 4085), $4,780,000 $4,500,000.

24 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

25 For expenses, not otherwise provided, to enable the

26 Secretary of State to provide for extraordinary protective
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1 services in accordance with the provisions of section 214

2 of the State Department Basic Authorities Act of 1956

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

4 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

5 For necessary expenses for carrying out the Foreign

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

7 292–300), and the Diplomatic Security Construction Pro8 gram as authorized by title IV of the Omnibus Diplomatic

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

10 $391,760,000 $369,860,000, to remain available until ex11 pended as authorized by 22 U.S.C. 2696(c): Provided,

12 That none of the funds appropriated in this paragraph

13 shall be available for acquisition of furniture and furnish14 ings and generators for other departments and agencies.

15 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

16 SERVICE

17 For expenses necessary to enable the Secretary of

18 State to meet unforeseen emergencies arising in the Diplo19 matic and Consular Service pursuant to the requirement

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

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

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

23 merged with the Repatriation Loans Program Account,

24 subject to the same terms and conditions.
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1 REPATRIATION LOANS PROGRAM ACCOUNT

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

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

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

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

6 addition, for administrative expenses necessary to carry

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

8 transferred to and merged with the Salaries and Expenses

9 account under Administration of Foreign Affairs.

10 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

11 For necessary expenses to carry out the Taiwan Rela12 tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.

13 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

14 DISABILITY FUND

15 For payment to the Foreign Service Retirement and

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

17 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

18 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

19 For expenses, not otherwise provided for, necessary

20 to meet annual obligations of membership in international

21 multilateral organizations, pursuant to treaties ratified

22 pursuant to the advice and consent of the Senate, conven23 tions or specific Acts of Congress, $858,000,000

24 $550,000,000: Provided, That any payment of arrearages

25 shall be directed toward special activities that are mutually

26 agreed upon by the United States and the respective inter-
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1 national organization: Provided further, That 20 percent

2 of the funds appropriated in this paragraph for the as3 sessed contribution of the United States to the United Na4 tions shall be withheld from obligation and expenditure

5 until a certification is made under section 401(b) of Public

6 Law 103–236 for fiscal year 1996: Provided further, That

7 certification under section 401(b) of Public Law 103–236

8 for fiscal year 1996 may only be made if the Committees

9 on Appropriations and Foreign Relations of the Senate

10 and the Committees on Appropriations and International

11 Relations of the House of Representatives are notified of

12 the steps taken, and anticipated, to meet the requirements

13 of section 401(b) of Public Law 103–236 at least 15 days

14 in advance of the proposed certification: Provided further,

15 That none of the funds appropriated in this paragraph

16 shall be available for a United States contribution to an

17 international organization for the United States share of

18 interest costs made known to the United States Govern19 ment by such organization for loans incurred on or after

20 October 1, 1984, through external borrowings.

21 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

22 ACTIVITIES

23 For necessary expenses to pay assessed and other ex24 penses of international peacekeeping activities directed to

25 the maintenance or restoration of international peace and

26 security, $425,000,000 $250,000,000: Provided, That none
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1 of the funds made available under this Act may be used,

2 and shall not be available, for obligation or expenditure

3 for any new or expanded United Nations peacekeeping

4 mission unless, at least fifteen days in advance of voting

5 for the new or expanded mission in the United Nations

6 Security Council (or in an emergency, as far in advance

7 as is practicable), (1) the Committees on Appropriations

8 of the House of Representatives and the Senate and other

9 appropriate Committees of the Congress are notified of the

10 estimated cost and length of the mission, the vital national

11 interest that will be served, and the planned exit strategy;

12 and (2) a reprogramming of funds pursuant to section 605

13 of this Act is submitted, and the procedures therein fol14 lowed, setting forth the source of funds that will be used

15 to pay for the cost of the new or expanded mission: Pro16 vided further, That funds shall be available for peacekeep17 ing expenses only upon a certification by the Secretary of

18 State to the appropriate committees of the Congress that

19 American manufacturers and suppliers are being given op20 portunities to provide equipment, services and material for

21 United Nations peacekeeping activities equal to those

22 being given to foreign manufacturers and suppliers.

23 INTERNATIONAL CONFERENCES AND CONTINGENCIES

24 For necessary expenses authorized by section 5 of the

25 State Department Basic Authorities Act of 1956, in addi26 tion to funds otherwise available for these purposes, con-
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1 tributions for the United States share of general expenses

2 of international organizations and conferences and rep3 resentation to such organizations and conferences as pro4 vided for by 22 U.S.C. 2656 and 2672 and personal serv5 ices without regard to civil service and classification laws

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

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

8 2696(c), of which not to exceed $200,000 may be ex9 pended for representation as authorized by 22 U.S.C.

10 4085.

11 INTERNATIONAL COMMISSIONS

12 For necessary expenses, not otherwise provided for,

13 to meet obligations of the United States arising under

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

15 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

16 UNITED STATES AND MEXICO

17 For necessary expenses for the United States Section

18 of the International Boundary and Water Commission,

19 United States and Mexico, and to comply with laws appli20 cable to the United States Section, including not to exceed

21 $6,000 for representation; as follows:

22 SALARIES AND EXPENSES

23 For salaries and expenses, not otherwise provided for,

24 $12,358,000 $11,500,000.
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1 CONSTRUCTION

2 For detailed plan preparation and construction of au3 thorized projects, $6,644,000 $8,000,000, to remain avail4 able until expended as authorized by 22 U.S.C. 2696(c).

5 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

6 For necessary expenses, not otherwise provided for

7 the International Joint Commission and the International

8 Boundary Commission, United States and Canada, as au9 thorized by treaties between the United States and Can10 ada or Great Britain, and for the Border Environment

11 Cooperation Commission as authorized by Public Law

12 103–182; $5,800,000 $5,550,000, of which not to exceed

13 $9,000 shall be available for representation expenses in14 curred by the International Joint Commission.

15 INTERNATIONAL FISHERIES COMMISSIONS

16 For necessary expenses for international fisheries

17 commissions, not otherwise provided for, as authorized by

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

19 of such expenses may be advanced to the respective com20 missions, pursuant to 31 U.S.C. 3324.

21 PAYMENT TO THE ASIA FOUNDATION

22 For a grant to the Asia Foundation, as authorized

23 by section 501 of Public Law 101–246, $10,000,000 to

24 remain available until expended as authorized by 22

25 U.S.C. 2696(c).
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1 GENERAL PROVISIONS—DEPARTMENT OF STATE

2 SEC. 401. Funds appropriated under this title shall

3 be available, except as otherwise provided, for allowances

4 and differentials as authorized by subchapter 59 of 5

5 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

6 hire of passenger transportation pursuant to 31 U.S.C.

7 1343(b).

8 SEC. 402. Not to exceed 5 percent of any appropria9 tion made available for the current fiscal year for the De10 partment of State in this Act may be transferred between

11 such appropriations, but no such appropriation, except as

12 otherwise specifically provided, shall be increased by more

13 than 10 percent by any such transfers: Provided, That not

14 to exceed 5 percent of any appropriation made available

15 for the current fiscal year for the United States Informa16 tion Agency in this Act may be transferred between such

17 appropriations, but no such appropriation, except as oth18 erwise specifically provided, shall be increased by more

19 than 10 percent by any such transfers: Provided further,

20 That any transfer pursuant to this section shall be treated

21 as a reprogramming of funds under section 605 of this

22 Act and shall not be available for obligation or expenditure

23 except in compliance with the procedures set forth in that

24 section.
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1 SEC. 403. Funds appropriated or otherwise made

2 available under this Act or any other Act may be expended

3 for compensation of the United States Commissioner of

4 the International Boundary Commission, United States

5 and Canada, only for actual hours worked by such Com6 missioner.

7 SEC. 404. CONSOLIDATION OF REDUNDANT FOREIGN RELA8 TIONS FUNCTIONS.

9 (a) CONSOLIDATION OF FUNCTIONS.—

10 (1) CONSOLIDATION OF FUNCTIONS OF STATE

11 DEPARTMENT, USIA, AND ACDA.—Notwithstanding

12 any other provision of law, the Director of the Office

13 of Management and Budget shall, in consultation

14 with the Secretary of State, the Director of the United

15 States Information Agency and the Director of the

16 Arms Control and Disarmament Agency—

17 (A) identify the functions carried out by the

18 Department of State, by the United States Infor19 mation Agency, and the Arms Control and Dis20 armament Agency that are redundant by reason

21 of being carried out, in whole or in part, by two

22 or more of these entities; and

23 (B) take appropriate actions to eliminate

24 the redundancy in such functions.
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1 (2) SCOPE OF CONSOLIDATION.—In carrying out

2 the requirements of paragraph (1), the Director of the

3 Office of Management and Budget may provide for

4 the discharge of functions of the entities referred to in

5 such paragraph by a single office within one of the

6 entities.

7 (3) ADDITIONAL CONSOLIDATION AUTHORITY.—

8 In addition to the actions under paragraphs (1) and

9 (2), the Director of the Office of Management and

10 Budget may also carry out such other actions to con11 solidate and reorganize the functions of the Depart12 ment of State, the United States Information Agency,

13 and the United States Arms Control and Disar14 mament Agency as the Director and the heads of such

15 entities consider appropriate to ensure the effective

16 and efficient discharge of the responsibilities of such

17 entities.

18 (4) ACTIONS AUTHORIZED.—The actions that the

19 Director of the Office of Management and Budget

20 may take under this subsection include the following:

21 (A) The abolishment, reorganization, con22 solidation, or transfer of functions (in whole or

23 in part).
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1 (B) The termination or transfer of the per2 sonnel associated with functions so abolished, re3 organized, consolidated, or transferred.

4 (5) TRANSITION RULES.—The Director of the Of5 fice of Management and Budget shall establish such

6 rules and procedures relating to the consolidation of

7 foreign relations functions under this subsection as

8 the Director considers appropriate, including rules

9 and procedures relating to the rights and responsibil10 ities of personnel of the Government terminated,

11 transferred, or otherwise affected by actions to carry

12 out the consolidation.

13 (b) VOLUNTARY SEPARATION INCENTIVES.—

14 (1) AUTHORITY TO PAY INCENTIVES.—The head

15 of an agency referred to in paragraph (2) may pay

16 voluntary incentive payments to employees of the

17 agency in order to avoid or minimize the need for in18 voluntary separations from the agency as a result of

19 the consolidation of foreign relations functions under

20 subsection (a).

21 (2) COVERED AGENCIES.—Paragraph (1) applies

22 to the following agencies:

23 (A) The Department of State.

24 (B) The United States Information Agency.
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1 (C) The United States Arms Control and

2 Disarmament Agency.

3 (3) PAYMENT REQUIREMENTS.—

4 (A) IN GENERAL.—The head of an agency

5 referred to in paragraph (2) shall pay voluntary

6 separation incentive payments under this sub7 section in accordance with the provisions of sec8 tions 3 and 4 of the Federal Workforce Restruc9 turing Act of 1994 (Public Law 103–226; 108

10 Stat. 111), except that an employee of the agency

11 shall be deemed to be eligible for payment of a

12 voluntary separation incentive payment under

13 that section if the employee separates from serv14 ice with the agency during the period beginning

15 on the date of enactment of this Act and ending

16 on December 15, 1995.

17 (B) SUBSEQUENT EMPLOYMENT WITH GOV18 ERNMENT.—The provisions of subsection (d) of

19 such section 3 shall apply to any employee who

20 is paid a voluntary separation incentive pay21 ment under this subsection.

22 (4) FUNDING.—

23 (A) IN GENERAL.—The payment of vol24 untary separation incentive payments under this

25 subsection shall be made from funds in the For-
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1 eign Affairs Reorganization Transition Fund es2 tablished under subsection (c).

3 (B) EXERCISE OF AUTHORITY DEPENDENT

4 ON FUNDING.—The head of an agency may not

5 pay voluntary separation incentive payments

6 under this subsection unless sufficient funds are

7 available in the Foreign Affairs Reorganization

8 Fund to cover the cost of such payments and the

9 costs of any other payments (including payments

10 or deposits to retirement systems) required in re11 lation to such payments.

12 (5) TERMINATION OF AUTHORITY.—The author13 ity of the head of an agency to authorize payment of

14 voluntary separation incentive payments under this

15 subsection shall expire on December 15, 1995.

16 (c) FOREIGN AFFAIRS REORGANIZATION TRANSITION

17 FUND.—

18 (1) ESTABLISHMENT.—There is hereby estab19 lished on the books of the Treasury an account to be

20 known as the ‘‘Foreign Affairs Reorganization Tran21 sition Fund’’.

22 (2) PURPOSE.—The purpose of the account is to

23 provide funds for the following:
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1 (A) To cover the costs of actions relating to

2 the consolidation of redundant foreign relations

3 functions that are taken under subsection (a).

4 (B) To the cover the costs to the Government

5 of the payment of voluntary separation incentive

6 payments under subsection (b), including any

7 payments or deposits to retirement systems re8 quired in relation to such payment.

9 (3) DEPOSITS.—There shall be deposited into the

10 account such sums as may be appropriated to the ac11 count.

12 (4) USE OF FUNDS.—Sums in the account shall

13 remain available until expended for the purpose set

14 forth in paragraph (2).

15 (5) REPORT ON ACCOUNT.—Not later than No16 vember 15, 1996, the Secretary of State shall transmit

17 to the Committees on Appropriations and Foreign Re18 lations of the Senate and the Committees on Appro19 priations and International Relations of the House of

20 Representatives a report containing an accounting

21 of—

22 (A) the expenditures from the account estab23 lished under this subsection; and

24 (B) in the event of any transfer of funds to

25 the Department of State under paragraph (5),
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1 the functions for which the funds so transferred

2 are to be expended.

3 RELATED AGENCIES

4 ARMS CONTROL AND DISARMAMENT AGENCY

5 ARMS CONTROL AND DISARMAMENT ACTIVITIES

6 For necessary expenses not otherwise provided, for

7 arms control, nonproliferation, and disarmament activi8 ties, $40,000,000 $22,700,000, of which not to exceed

9 $50,000 shall be for official reception and representation

10 expenses as authorized by the Act of September 26, 1961,

11 as amended (22 U.S.C. 2551 et seq.).

12 UNITED STATES INFORMATION AGENCY

13 SALARIES AND EXPENSES

14 For expenses, not otherwise provided for, necessary

15 to enable the United States Information Agency, as au16 thorized by the Mutual Educational and Cultural Ex17 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

18 the United States Information and Educational Exchange

19 Act of 1948, as amended (22 U.S.C. 1431 et seq.) and

20 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

21 carry out international communication, educational and

22 cultural activities; and to carry out related activities au23 thorized by law, including employment, without regard to

24 civil service and classification laws, of persons on a tem25 porary basis (not to exceed $700,000 of this appropria-
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1 tion), as authorized by 22 U.S.C. 1471, and entertain2 ment, including official receptions, within the United

3 States, not to exceed $25,000 as authorized by 22 U.S.C.

4 1474(3); $445,645,000 $420,000,000: Provided, That not

5 to exceed $1,400,000 may be used for representation

6 abroad as authorized by 22 U.S.C. 1452 and 4085: Pro7 vided further, That not to exceed $7,615,000 to remain

8 available until expended, may be credited to this appro9 priation from fees or other payments received from or in

10 connection with English teaching, library, motion pictures,

11 and publication programs as authorized by section 810 of

12 the United States Information and Educational Exchange

13 Act of 1948, as amended: Provided further, That not to

14 exceed $1,700,000 to remain available until expended may

15 be used to carry out projects involving security construc16 tion and related improvements for agency facilities not

17 physically located together with Department of State fa18 cilities abroad.

19 TECHNOLOGY FUND

20 For expenses necessary to enable the United States

21 Information Agency to provide for the procurement of in22 formation technology improvements, as authorized by the

23 United States Information and Educational Exchange Act

24 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

25 Educational and Cultural Exchange Act of 1961, as

26 amended (22 U.S.C. 2451 et seq.), and Reorganization
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1 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000

2 $3,050,000, to remain available until expended.

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For expenses of educational and cultural exchange

5 programs, as authorized by the Mutual Educational and

6 Cultural Exchange Act of 1961, as amended (22 U.S.C.

7 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

8 Stat. 1636), $192,090,000 $190,000,000, to remain avail9 able until expended as authorized by 22 U.S.C. 2455.

10 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

11 FUND

12 For necessary expenses of Eisenhower Exchange Fel13 lowships, Incorporated as authorized by sections 4 and 5

14 of the Eisenhower Exchange Fellowship Act of 1990 (20

15 U.S.C. 5204–05), all interest and earnings accruing to the

16 Eisenhower Exchange Fellowship Program Trust Fund on

17 or before September 30, 1996, to remain available until

18 expended: Provided, That none of the funds appropriated

19 herein shall be used to pay any salary or other compensa20 tion, or to enter into any contract providing for the pay21 ment thereof, in excess of the rate authorized by 5 U.S.C.

22 5376; or for purposes which are not in accordance with

23 OMB Circulars A–110 (Uniform Administrative Require24 ments) and A–122 (Cost Principles for Non-profit Organi25 zations), including the restrictions on compensation for

26 personal services.
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1 ISRAELI ARAB SCHOLARSHIP PROGRAM

2 For necessary expenses of the Israeli Arab Scholar3 ship Program as authorized by section 214 of the Foreign

4 Relations Authorization Act, Fiscal Years 1992 and 1993

5 (22 U.S.C. 2452), all interest and earnings accruing to

6 the Israeli Arab Scholarship Fund on or before September

7 30, 1996, to remain available until expended.

8 AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

9 For necessary expenses of American Studies Collec10 tions as authorized by section 235 of the Foreign Rela11 tions Authorization Act, Fiscal Years 1994 and 1995, all

12 interest and earnings accruing to the American Studies

13 Collections Endowment Fund on or before September 30,

14 1996, to remain available until expended.

15 INTERNATIONAL BROADCASTING OPERATIONS

16 For expenses necessary to enable the United States

17 Information Agency, as authorized by the United States

18 Information and Educational Exchange Act of 1948, as

19 amended, the Radio Broadcasting to Cuba Act, as amend20 ed, the Television Broadcasting to Cuba Act, the United

21 States International Broadcasting Act of 1994, as amend22 ed, and Reorganization Plan No. 2 of 1977, to carry out

23 international communication activities; $341,000,000

24 $330,191,000, of which $5,000,000 shall remain available

25 until expended, not to exceed $16,000 may be used for

26 official receptions within the United States as authorized
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1 by 22 U.S.C. 1474(3), not to exceed $35,000 may be used

2 for representation abroad as authorized by 22 U.S.C.

3 1452 and 4085, and not to exceed $39,000 may be used

4 for official reception and representation expenses of Radio

5 Free Europe/Radio Liberty; and in addition, not to exceed

6 $250,000 from fees as authorized by section 810 of the

7 United States Information and Educational Exchange Act

8 of 1948, as amended, to remain available until expended

9 for carrying out authorized purposes:–Provided, That

10 funds provided for broadcasting to Cuba may be used for

11 the purchase, rent, construction, and improvement of fa12 cilities for radio and television transmission and reception,

13 and purchase and installation of necessary equipment for

14 radio and television transmission and reception.

15 BROADCASTING TO CUBA

16 For expenses necessary to enable the United States In17 formation Agency to carry out the Radio Broadcasting to

18 Cuba Act, as amended, the Television Broadcasting to Cuba

19 Act, and the International Broadcasting Act of 1994, in20 cluding the purchase, rent, construction, and improvement

21 of facilities for radio and television transmission and recep22 tion, and purchase and installation of necessary equipment

23 for radio and television transmission and reception,

24 $24,809,000 to remain available until expended: Provided,

25 That funds may be used to purchase or lease, maintain,

26 and operate such aircraft (including aerostats) as may be
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1 required to house and operate necessary television broad2 casting equipment.

3 RADIO CONSTRUCTION

4 For an additional amount for the purchase, rent, con5 struction, and improvement of facilities for radio trans6 mission and reception and purchase and installation of

7 necessary equipment for radio and television transmission

8 and reception as authorized by 22 U.S.C. 1471,

9 $70,164,000 $40,000,000, to remain available until ex10 pended as authorized by 22 U.S.C. 1477b(a).

11 EAST-WEST CENTER

12 To enable the Director of the United States Informa13 tion Agency to provide for carrying out the provisions of

14 the Center for Cultural and Technical Interchange Between

15 East and West Act of 1960 (22 U.S.C. 2054–2057), by grant

16 to the Center for Cultural and Technical Interchange Be17 tween East and West in the State of Hawaii, $10,000,000:

18 Provided, That none of the funds appropriated herein shall

19 be used to pay any salary, or enter into any contract pro20 viding for the payment thereof, in excess of the rate author21 ized by 5 U.S.C. 5376.

22 NORTH/SOUTH CENTER

23 To enable the Director of the United States Informa24 tion Agency to provide for carrying out the provisions of

25 the North/South Center Act of 1991 (22 U.S.C. 2075), by

26 grant to an educational institution in Florida known as
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1 the North/South Center, $1,000,000, to remain available

2 until expended.

3 NATIONAL ENDOWMENT FOR DEMOCRACY

4 For grants made by the United States Information

5 Agency to the National Endowment for Democracy as au6 thorized by the National Endowment for Democracy Act,

7 $30,000,000, to remain available until expended.

8 This title may be cited as the ‘‘Department of State

9 and Related Agencies Appropriations Act, 1996’’.

10 TITLE V—RELATED AGENCIES

11 DEPARTMENT OF TRANSPORTATION

12 MARITIME ADMINISTRATION

13 OPERATING-DIFFERENTIAL SUBSIDIES

14 (LIQUIDATION OF CONTRACT AUTHORITY)

15 For the payment of obligations incurred for operat16 ing-differential subsidies as authorized by the Merchant

17 Marine Act, 1936, as amended, $162,610,000, to remain

18 available until expended.

19 OPERATIONS AND TRAINING

20 For necessary expenses of operations and training ac21 tivities authorized by law, $64,600,000 $68,600,000, to re22 main available until expended: Provided, That notwith23 standing any other provision of law, the Secretary of

24 Transportation may use proceeds derived from the sale or

25 disposal of National Defense Reserve Fleet vessels that

26 are currently collected and retained by the Maritime Ad-
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1 ministration, to be used for facility and ship maintenance,

2 modernization and repair, conversion, acquisition of equip3 ment, and fuel costs necessary to maintain training at the

4 United States Merchant Marine Academy and State mari5 time academies: Provided further, That reimbursements

6 may be made to this appropriation from receipts to the

7 ‘‘Federal Ship Financing Fund’’ for administrative ex8 penses in support of that program in addition to any

9 amount heretofore appropriated.

10 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

11 ACCOUNT

12 For the cost of guaranteed loans, as authorized by

13 the Merchant Marine Act of 1936, $48,000,000, to remain

14 available until expended: Provided, That such costs, in15 cluding the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of

17 1974, as amended: Provided further, That these funds are

18 available to subsidize total loan principal, any part of

19 which is to be guaranteed, not to exceed $1,000,000,000.

20 In addition, for For administrative expenses to carry

21 out the guaranteed loan program, not to exceed

22 $4,000,000 $2,000,000, which shall be transferred to and

23 merged with the appropriation for Operations and Train24 ing.
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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.
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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 $8,500,000 $9,000,000: Provided, That not to exceed

12 $50,000 may be used to employ consultants: Provided fur13 ther, That none of the funds appropriated in this para14 graph shall be used to employ in excess of four full-time

15 individuals under Schedule C of the Excepted Service ex16 clusive of one special assistant for each Commissioner:

17 Provided further, That none of the funds appropriated in

18 this paragraph shall be used to reimburse Commissioners

19 for more than 75 billable days, with the exception of the

20 Chairperson who 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-
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1 gration Act of 1990, $2,377,000 $1,894,000, to remain

2 available until 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
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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 structures;

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 $185,232,000 $166,185,000, of which not to exceed

16 $300,000 shall remain available until September 30, 1997,

17 for research and policy studies: Provided, That

18 $116,400,000 of offsetting collections shall be assessed

19 and collected pursuant to section 9 of title I of the Com20 munications Act of 1934, as amended, and shall be re21 tained and used for necessary expenses in this appropria22 tion, and shall remain available until expended: Provided

23 further, That the sum herein appropriated shall be reduced

24 as such offsetting collections are received during fiscal

25 year 1996 so as to result in a final fiscal year 1996 appro-
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1 priation estimated at $68,832,000 $49,785,000: Provided

2 further, That any offsetting collections received in excess

3 of $116,400,000 in fiscal year 1996 shall remain available

4 until expended, but shall not be available for obligation

5 until October 1, 1996.

6 FEDERAL MARITIME COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Maritime

9 Commission as authorized by section 201(d) of the Mer10 chant Marine Act of 1936, as amended (46 App. U.S.C.

11 1111), including services as authorized by 5 U.S.C. 3109;

12 hire of passenger motor vehicles as authorized by 31

13 U.S.C. 1343(b); and uniforms or allowances therefor, as

14 authorized by 5 U.S.C. 5901–02; $15,000,000

15 $14,855,000: Provided, That not to exceed $2,000 shall be

16 available for official reception and representation ex17 penses.

18 FEDERAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Trade Com21 mission, including uniforms or allowances therefor, as au22 thorized by 5 U.S.C. 5901–5902; services as authorized

23 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

24 not to exceed $2,000 for official reception and representa25 tion expenses; $82,928,000 $63,142,000: Provided, That
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1 not to exceed $3,000,000 shall be available for use to con2 tract with a person or persons for collection services in ac3 cordance with the terms of 31 U.S.C. 3718, as amended:

4 Provided further, That notwithstanding any other provi5 sion of law, not to exceed $48,262,000 of offsetting collec6 tions derived from fees collected for premerger notification

7 filings under the Hart-Scott-Rodino Antitrust Improve8 ments Act of 1976 (15 U.S.C. 18(a)) shall be retained

9 and used for necessary expenses in this appropriation, and

10 shall remain available until expended: Provided further,

11 That the sum herein appropriated from the General Fund

12 shall be reduced as such offsetting collections are received

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

14 year 1996 appropriation from the General Fund estimated

15 at not more than $34,666,000 $14,880,000, to remain

16 available until expended: Provided further, That any fees

17 received in excess of $48,262,000 in fiscal year 1996 shall

18 remain available until expended, but shall not be available

19 for obligation until October 1, 1996: Provided further,

20 That none of the funds made available to the Federal

21 Trade Commission shall be available for obligation for ex22 penses authorized by section 151 of the Federal Deposit

23 Insurance Corporation Improvement Act of 1991 (Public

24 Law 102–242, 105 Stat. 2282–2285).
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1 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

2 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

3 For expenses of the Japan-United States Friendship

4 Commission as authorized by Public Law 94–118, as

5 amended, from the interest earned on the Japan-United

6 States Friendship Trust Fund, $1,247,000; and an

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 $265,000,000 is for basic field programs; $8,000,000 is

17 for the Office of the Inspector General, of which

18 $5,750,000 shall be used to contract with independent au19 diting agencies for annual financial and program audits

20 of all grantees in accordance with Office of Management

21 and Budget Circular A–133; and $5,000,000 is for man22 agement and administration.

23 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

24 CORPORATION

25 SEC. 501. Funds appropriated under this Act to the

26 Legal Services Corporation shall be distributed as follows:
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1 (1) The Corporation shall define geographic

2 areas and funds available for each geographic area

3 shall be on a per capita basis pursuant to the num4 ber of poor people determined by the Bureau of the

5 Census to be within that geographic area: Provided,

6 That funds for a geographic area may be distributed

7 by the Corporation to one or more persons or enti8 ties eligible for funding under section 1006(a)(1)(A)

9 of the Legal Services Corporation Act, subject to

10 sections 502 and 504 of this Act.

11 (2) The amount of the grants from the Cor12 poration and of the contracts entered into by the

13 Corporation in accordance with paragraph (1) shall

14 be an equal figure per poor person for all geographic

15 areas, based on the most recent decennial census of

16 population conducted pursuant to section 141 of title

17 13, United States Code.

18 SEC. 502. None of the funds appropriated in this Act

19 to the Legal Services Corporation shall be used by the

20 Corporation in making grants or entering into contracts

21 for the provision of legal assistance unless the Corporation

22 ensures that the person or entity receiving funding to pro23 vide such legal assistance is—
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1 (1) a private attorney or attorneys admitted to

2 practice in one of the States or the District of Co3 lumbia;

4 (2) a qualified nonprofit organization chartered

5 under the laws of one of the States or the District

6 of Columbia, a purpose of which is furnishing legal

7 assistance to eligible clients, the majority of the

8 board of directors or other governing body of which

9 is comprised of attorneys who are admitted to prac10 tice in one of the States or the District of Columbia

11 and who are appointed to terms of office on such

12 board or body by the governing bodies of State,

13 county, or municipal bar associations the member14 ship of which represents a majority of the attorneys

15 practicing law in the locality in which the organiza16 tion is to provide legal assistance;

17 (3) a State or local government (without regard

18 to section 1006(a)(1)(A)(ii) of the Legal Services

19 Corporation Act); or

20 (4) a substate regional planning or coordination

21 agency which is composed of a substate area whose

22 governing board is controlled by locally elected offi23 cials.

24 SEC. 503. None of the funds appropriated in this Act

25 to the Legal Services Corporation for grants or contracts
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1 to basic field programs may be obligated unless such

2 grants or contracts are awarded on a competitive basis:

3 Provided, That not later than sixty days after enactment

4 of this Act, the Legal Services Corporation shall promul5 gate regulations to implement a competitive selection proc6 ess: Provided further, That such regulations shall include,

7 but not be limited to, the following selection criteria:

8 (1) The demonstration of a full understanding

9 of the basic legal needs of the eligible clients to be

10 served and a demonstration of the capability of serv11 ing those needs.

12 (2) The quality, feasibility, and cost effective13 ness of plans submitted by the applicant for the de14 livery of legal assistance to the eligible clients to be

15 served.

16 (3) The experiences of the Corporation with the

17 applicant, if the applicant has previously received fi18 nancial assistance from the Corporation, including

19 the applicant’s record of past compliance with Cor20 poration policies, practices, and restrictions:

21 Provided further, That, such regulations shall ensure that

22 timely notice for the submission of applications for awards

23 is published in periodicals of local and State bar associa24 tions and in at least one daily newspaper of general cir25 culation in the area to be served by the person or entity
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1 receiving the award: Provided further, No person or entity

2 that was previously awarded a grant or contract by the

3 Legal Services Corporation for the provision of legal as4 sistance may be given any preference in the competitive

5 selection process: Provided further, That for the purposes

6 of the funding provided in this Act, rights under sections

7 1007(a)(9) and 1011 of the Legal Services Corporation

8 Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall

9 not apply.

10 SEC. 504. None of the funds appropriated in this Act

11 to the Legal Services Corporation may be used to provide

12 financial assistance to any person or entity—

13 (1) that makes available any funds, personnel,

14 or equipment for use in advocating or opposing any

15 plan or proposal, or represents any party or partici16 pates in any other way in litigation, that is intended

17 to or has the effect of altering, revising, or reappor18 tioning a legislative, judicial, or elective district at

19 any level of government, including influencing the

20 timing or manner of the taking of a census;

21 (2) that attempts to influence the issuance,

22 amendment, or revocation of any executive order,

23 regulation, or similar promulgation by any Federal,

24 State, or local agency;
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1 (3) that attempts to influence any decision by

2 a Federal, State, or local agency, except when legal

3 assistance is provided by an employee of a grantee

4 to an eligible client on a particular application,

5 claim, or case, which directly involves the client’s

6 legal rights or responsibilities, and which does not

7 involve the issuance, amendment, or revocation of

8 any agency promulgation described in paragraph (2);

9 (4) that attempts to influence the passage or

10 defeat of any legislation, constitutional amendment,

11 referendum, initiative, or any similar procedure of

12 the Congress of the United States, or by any State

13 or local legislative body;

14 (5) that attempts to influence the conduct of

15 oversight proceedings of the Corporation or any per16 son or entity receiving financial assistance provided

17 by the Corporation;

18 (6) that pays for any personal service, adver19 tisement, telegram, telephone communication, letter,

20 printed or written matter, administrative expenses,

21 or related expenses, associated with an activity pro22 hibited in paragraph (1), (2), (3), (4), or (5);

23 (7) that brings a class action suit against the

24 Federal Government or any State or local govern25 ment;
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1 (8) that files a complaint or otherwise pursues

2 litigation against a defendant, or engages in

3 precomplaint settlement negotiations with a prospec4 tive defendant, unless—

5 (A) all plaintiffs have been specifically

6 identified, by name, in any complaint filed for

7 purposes of litigation; and

8 (B) a statement or statements of facts

9 written in English and, if necessary, in a lan10 guage which the plaintiffs understand, which

11 enumerate the particular facts known to the

12 plaintiffs on which the complaint is based, have

13 been signed by the plaintiffs (including named

14 plaintiffs in a class action), are kept on file by

15 the person or entity provided financial assist16 ance by the Corporation, and are made avail17 able to any Federal department or agency that

18 is auditing the activities of the Corporation or

19 of any recipient, and to any auditor receiving

20 Federal funds to conduct such auditing, includ21 ing any auditor or monitor of the Corporation:

22 Provided, That upon establishment of reasonable

23 cause that an injunction is necessary to prevent

24 probable, serious harm to such potential plaintiff, a

25 court of competent jurisdiction may enjoin the dis-
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1 closure of the identity of any potential plaintiff

2 pending the outcome of such litigation or negotia3 tions after notice and an opportunity for a hearing

4 is provided to potential parties to the litigation or

5 the negotiations: Provided further, That other parties

6 shall have access to the statement of facts referred

7 to in subparagraph (B) only through the discovery

8 process after litigation has begun;

9 (9) unless, after January 1, 1996, and prior to

10 the provision of financial assistance—

11 (A) the governing board of a person or en12 tity receiving financial assistance provided by

13 the Legal Services Corporation has set specific

14 priorities in writing, pursuant to section

15 1007(a)(2)(C)(i) of the Legal Services Corpora16 tion Act, of the types of matters and cases to

17 which the staff of the nonprofit organization

18 shall devote its time and resources; and

19 (B) the staff of such person or entity re20 ceiving financial assistance provided by the

21 Legal Services Corporation has signed a written

22 agreement not to undertake cases or matters

23 other than in accordance with the specific prior24 ities set by such governing board, except in

25 emergency situations defined by such board and
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1 in accordance with such board’s written proce2 dures for such situations:

3 Provided, That the staff of such person or entity re4 ceiving financial assistance provided by the Legal

5 Services Corporation shall provide to their respective

6 governing board on a quarterly basis, and to the

7 Corporation on an annual basis, all cases undertaken

8 other than those in accordance with such priorities:

9 Provided further, That not later than 30 days after

10 enactment of this Act, the Corporation shall promul11 gate a suggested list of priorities which boards of di12 rectors may use in setting priorities under this para13 graph;

14 (10) unless, prior to receiving financial assist15 ance provided by the Legal Services Corporation,

16 such person or entity agrees to maintain records of

17 time spent on each case or matter with respect to

18 which that person or entity is engaged in activities:

19 Provided, That any non-Federal funds received by

20 any person or entity provided financial assistance by

21 the Corporation shall be accounted for and reported

22 as receipts and disbursements separate and distinct

23 from Corporation funds: Provided further, That such

24 person or entity receiving financial assistance pro25 vided by the Corporation agrees (notwithstanding
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1 section 1009(d) of the Legal Services Corporation

2 Act) to make such records described in this para3 graph available to any Federal department, or agen4 cy or independent auditor receiving Federal funds to

5 conduct an audit of the activities of the Corporation

6 or recipient receiving funding under this Act;

7 (11) that provides legal assistance for or on be8 half of any alien, unless the alien is present in the

9 United States and is—

10 (A) an alien lawfully admitted for perma11 nent residence as defined in section 101(a)(20)

12 of the Immigration and Nationality Act (8

13 U.S.C. 1101(a)(20));

14 (B) an alien who is either married to a

15 United States citizen or is a parent or an un16 married child under the age of twenty-one years

17 of such a citizen and who has filed an applica18 tion for adjustment of status to permanent resi19 dent under the Immigration and Nationality

20 Act, and such application has not been rejected;

21 (C) an alien who is lawfully present in the

22 United States pursuant to an admission under

23 section 207 of the Immigration and Nationality

24 Act (8 U.S.C. 1157, relating to refugee admis-
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1 sion) or who has been granted asylum by the

2 Attorney General under such Act;

3 (D) an alien who is lawfully present in the

4 United States as a result of the Attorney Gen5 eral’s withholding of deportation pursuant to

6 section 243(h) of the Immigration and Nation7 ality Act (8 U.S.C. 1253(h)); or

8 (E) an alien to whom section 305 of the

9 Immigration Reform and Control Act of 1986

10 applies but only to the extent that the legal as11 sistance provided is that described in such sec12 tion:

13 Provided, That an alien who is lawfully present in

14 the United States as a result of being granted condi15 tional entry pursuant to section 203(a)(7) of the Im16 migration and Nationality Act (8 U.S.C. 1153(a)(7))

17 before April 1, 1980, because of persecution or fear

18 of persecution on account of race, religion, or politi19 cal calamity shall be deemed, for purposes of this

20 section, to be an alien described in subparagraph

21 (C);

22 (12) that supports or conducts training pro23 grams for the purpose of advocating particular pub24 lic policies or encouraging political activities, labor

25 or anti-labor activities, boycotts, picketing, strikes,
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1 and demonstrations, including the dissemination of

2 information about such policies or activities, except

3 that this paragraph shall not be construed to pro4 hibit the training of attorneys or paralegal personnel

5 to prepare them to provide adequate legal assistance

6 to eligible clients or to advise any eligible client as

7 to the nature of the legislative process or inform any

8 eligible client of his or her rights under statute,

9 order, or regulation;

10 (13) that provides legal assistance with respect

11 to any fee-generating case: Provided, That for the

12 purposes of this paragraph the term ‘‘fee-generating

13 case’’ means any case which, if undertaken on behalf

14 of an eligible client by an attorney in private prac15 tice may reasonably be expected to result in a fee for

16 legal services from an award to a client from public

17 funds, from the opposing party, or from any other

18 source;

19 (14) that claims, or whose employees or clients

20 claim, or collect attorneys’ fees from nongovern21 mental parties to litigation initiated by such client

22 with the assistance of such recipient or its employ23 ees;

24 (15) that participates in any litigation with re25 spect to abortion;
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1 (16) that participates in any litigation on behalf

2 of a local, State, or Federal prisoner;

3 (17) that provides legal representation for any

4 person, or participates in any other way, in litiga5 tion, lobbying, or rulemaking involving efforts to re6 form a State or Federal welfare system, except that

7 this paragraph shall not preclude a recipient from

8 representing an individual client who is seeking spe9 cific relief from a welfare agency where such relief

10 does not involve an effort to amend or otherwise

11 challenge existing law;

12 (18) that defends a person in a proceeding to

13 evict that person from a public housing project if

14 that person has been charged with the illegal sale or

15 distribution of a controlled substance and if the evic16 tion proceeding is brought by a public housing agen17 cy because the illegal drug activity of that person

18 threatens the health or safety of other tenants resid19 ing in the public housing project or employees of the

20 public housing agency: Provided, That for the pur21 poses of this paragraph, the term ‘‘controlled sub22 stance’’ has the meaning given that term in section

23 102 of the Controlled Substances Act (21 U.S.C.

24 802): Provided further, That for the purposes of this

25 paragraph, the terms ‘‘public housing project’’ and
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1 ‘‘public housing agency’’ have the meanings given

2 those terms in section 3 of the United States Hous3 ing Act of 1937 (42 U.S.C. 1437a);

4 (19) unless such person or entity agrees that it

5 and its employees will not accept employment result6 ing from in-person unsolicited advice to a

7 nonattorney that such nonattorney should obtain

8 counsel or take legal action: Provided, That such

9 person or entity or its employees receiving financial

10 assistance provided by the Corporation shall also

11 agree that such person or entity will not refer such

12 nonattorney to another person or entity or its em13 ployees that are receiving financial assistance pro14 vided by the Legal Services Corporation; or

15 (20) unless such person or entity enters into a

16 contractual agreement to be subject to all provisions

17 of Federal law relating to the proper use of Federal

18 funds, the violation of which shall render any grant

19 or contractual agreement to provide funding null

20 and void: Provided, That for such purposes the Cor21 poration shall be considered to be a Federal agency

22 and all funds provided by the Corporation shall be

23 considered to be Federal funds provided by grant or

24 contract.
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1 SEC. 505. None of the funds appropriated in this Act

2 to the Legal Services Corporation or provided by the Cor3 poration to any entity or person may be used to pay mem4 bership dues to any private or non-profit organization.

5 SEC. 506. None of the funds appropriated in this Act

6 to the Legal Services Corporation may be used by any per7 son or entity receiving financial assistance from the Cor8 poration to file or pursue a lawsuit against the Corpora9 tion.

10 SEC. 507. None of the funds appropriated in this Act

11 to the Legal Services Corporation may be used for any

12 purpose prohibited or contrary to any of the provisions

13 of authorization legislation for fiscal year 1996 for the

14 Legal Services Corporation that is enacted into law: Pro15 vided, That, upon enactment of Legal Services Corpora16 tion reauthorization legislation, funding provided in this

17 Act shall from that date be subject to the provisions of

18 that legislation and any provisions in this Act that are

19 inconsistent with that legislation shall no longer have ef20 fect.

21 MARINE MAMMAL COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Marine Mammal Com24 mission as authorized by title II of Public Law 92–522,

25 as amended, $1,000,000.
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1 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY

2 COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Martin Luther King,

5 Jr. Federal Holiday Commission, as authorized by Public

6 Law 98–399, as amended, $250,000 $350,000.

7 SECURITIES AND EXCHANGE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses for the Securities and Ex10 change Commission, including services as authorized by

11 5 U.S.C. 3109, the rental of space (to include multiple

12 year leases) in the District of Columbia and elsewhere, and

13 not to exceed $3,000 for official reception and representa14 tion expenses, $103,445,000 $105,257,000, of which

15 $3,600,000 are for the Office of Economic Analysis, to be

16 headed by the Chief Economist of the Commission, and of

17 which not to exceed $10,000 may be used toward funding

18 a permanent secretariat for the International Organiza19 tion of Securities Commissions, and of which not to exceed

20 $100,000 shall be available for expenses for consultations

21 and meetings hosted by the Commission with foreign gov22 ernmental and other regulatory officials, members of their

23 delegations, appropriate representatives and staff to ex24 change views concerning developments relating to securi25 ties matters, development and implementation of coopera-
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1 tion agreements concerning securities matters and provi2 sion of technical assistance for the development of foreign

3 securities markets, such expenses to include necessary lo4 gistic and administrative expenses and the expenses of

5 Commission staff and foreign invitees in attendance at

6 such consultations and meetings including: (i) such inci7 dental expenses as meals taken in the course of such at8 tendance, (ii) any travel or transportation to or from such

9 meetings, and (iii) any other related lodging or subsist10 ence: Provided, That immediately upon enactment of this

11 Act, the rate of fees under section 6(b) of the Securities

12 Act of 1933 (15 U.S.C. 77f(b)) shall increase from one13 fiftieth of 1 per centum to one twenty-ninth thirty-fourth

14 of 1 per centum and such increase shall be deposited as

15 an offsetting collection to this appropriation, to remain

16 available until expended, to recover costs of services of the

17 securities registration process: Provided further, That no

18 funds may be used for the Office of Investor Education and

19 Assistance, and that $1,500,000 of the funds appropriated

20 for the Commission shall be available for the enforcement

21 of the Investment Advisers Act of 1940 in addition to any

22 other appropriated funds designated by the Commission for

23 enforcement of such Act.
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1 SMALL BUSINESS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses, not otherwise provided for,

4 of the Small Business Administration as authorized by

5 Public Law 103–403, including hire of passenger motor

6 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

7 not to exceed $3,500 for official reception and representa8 tion expenses, $222,325,000 $197,903,000: Provided fur9 ther, That the Administrator is authorized to charge fees

10 to cover the cost of publications developed by the Small

11 Business Administration, and certain loan servicing activi12 ties: Provided further, That notwithstanding 31 U.S.C.

13 3302, revenues received from all such activities shall be

14 credited to this account, to be available for carrying out

15 these purposes without further appropriations.

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector

18 General in carrying out the provisions of the Inspector

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

20 as amended by Public Law 100–504), $8,750,000

21 $8,500,000.

22 BUSINESS LOANS PROGRAM ACCOUNT

23 For the cost of direct loans, $5,000,000, and for the

24 cost of guaranteed loans, $146,710,000 $174,726,000, as

25 authorized by 15 U.S.C. 631 note, of which $1,700,000

26 $1,216,000, to be available until expended, shall be for the
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1 Microloan Guarantee Program, and of which $40,510,000

2 shall remain available until September 30, 1997: Provided,

3 That such costs, including the cost of modifying such

4 loans, shall be as defined in section 502 of the Congres5 sional Budget Act of 1974.

6 In addition, for administrative expenses to carry out

7 the direct and guaranteed loan programs, $92,622,000

8 $77,600,000, which may be transferred to and merged with

9 the appropriations for Salaries and Expenses.

10 DISASTER LOANS PROGRAM ACCOUNT

11 For the cost of direct loans authorized by section 7(b)

12 of the Small Business Act, as amended, $34,432,000, to

13 remain available until expended: 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.

17 In addition, for administrative expenses to carry out

18 the direct loan program, $78,000,000 $62,400,000, which

19 may be transferred to and merged with the appropriations

20 for Salaries and Expenses.

21 SURETY BOND GUARANTEES REVOLVING FUND

22 For additional capital for the ‘‘Surety Bond Guaran23 tees Revolving Fund’’, authorized by the Small Business

24 Investment Act, as amended, $2,530,000, to remain avail25 able without fiscal year limitation as authorized by 15

26 U.S.C. 631 note.
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1 ADMINISTRATIVE PROVISION PROVISIONS—SMALL

2 BUSINESS ADMINISTRATION

3 SEC. 508. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the

5 Small Business Administration in this Act may be trans6 ferred between such appropriations, but no such appro7 priation shall be increased by more than 10 percent by

8 any such transfers: Provided, That any transfer pursuant

9 to this section shall be treated as a reprogramming of

10 funds under section 605 of this Act and shall not be avail11 able for obligation or expenditure except in compliance

12 with the procedures set forth in that section.

13 SEC. 509. (1) Notwithstanding any other provision of

14 law, no funds appropriated under this Act may be used in

15 violation of this subsection.

16 (2) Notwithstanding section 8 of the Small Business

17 Act or any other provision of law, in carrying out sub18 sections (a) and (d) of section 8 of the Small Business Act,

19 the Administrator shall provide assistance only to qualified

20 small business concerns.

21 (3) As used in this subsection—

22 (A) The term ‘‘Administrator’’ means the Ad23 ministrator of the Small Business Administration.

24 (B) The term ‘‘area of pervasive poverty, unem25 ployment, and general economic distress’’ means an
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1 area that, based on the most recent decennial census

2 data available from the Bureau of the Census, meets

3 the following criteria—

4 (i) The unemployment rate for the area (as

5 determined by the appropriate available data) is

6 not less than 1.5 times the national unemploy7 ment rate, and

8 (ii) The poverty rate for the area (as deter9 mined by the most recent census data available)

10 for not less than 90 percent of the population

11 census tract (or where not tracted, the equivalent

12 county divisions as defined by the Bureau of the

13 Census for the purposes of defining poverty

14 areas) located entirely within the area is not less

15 than 20 percent.

16 (C) The term ‘‘small business concern’’ has the

17 same meaning as in section 3 of the Small Business

18 Act.

19 (D) Except as otherwise provided in this sub20 paragraph, the term ‘‘qualified business’’ means any

21 trade or business that is a qualified business under

22 the Small Business Act on the date of enactment of

23 this Act, except that such a business that fails to meet

24 the applicable location and employment requirements

25 under such Act shall not be a qualified business.
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1 (E) The term ‘‘qualified small business concern’’

2 means, with respect to any fiscal year of the small

3 business concern, any small business concern, if for

4 such year—

5 (i) every trade or business of such small

6 business concern is the active conduct of a quali7 fied business within an area of pervasive pov8 erty, unemployment, and general economic dis9 tress;

10 (ii) not less than 80 percent of the total

11 gross income of such small business concern is

12 derived from the active conduct of such business;

13 and

14 (iii) not less than 35 percent of the total

15 payroll of such small business concern is paid to

16 employees who are residents of an area of perva17 sive poverty, unemployment, and general eco18 nomic distress.

19 STATE JUSTICE INSTITUTE

20 SALARIES AND EXPENSES

21 For necessary expenses of the State Justice Institute,

22 as authorized by The State Justice Institute Authorization

23 Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),

24 $5,000,000 to remain available until expended: Provided,
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1 That not to exceed $2,500 shall be available for official re2 ception and representation expenses.

3 TITLE VI—GENERAL PROVISIONS

4 SEC. 601. No part of any appropriation contained in

5 this Act shall be used for publicity or propaganda purposes

6 not authorized by the Congress.

7 SEC. 602. No part of any appropriation contained in

8 this Act shall remain available for obligation beyond the

9 current fiscal year unless expressly so provided herein.

10 SEC. 603. 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. 604. If any provision of this Act or the applica18 tion of such provision to any person or circumstances shall

19 be held invalid, the remainder of the Act and the applica20 tion of each provision to persons or circumstances other

21 than those as to which it is held invalid shall not be af22 fected thereby.

23 SEC. 605. (a) None of the funds provided under this

24 Act, or provided under previous Appropriations Acts to the

25 agencies funded by this Act that remain available for obli-
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1 gation or expenditure in fiscal year 1996, or provided from

2 any accounts in the Treasury of the United States derived

3 by the collection of fees available to the agencies funded

4 by this Act, shall be available for obligation or expenditure

5 through a reprogramming of funds which (1) creates new

6 programs; (2) eliminates a program, project, or activity;

7 (3) increases funds or personnel by any means for any

8 project or activity for which funds have been denied or

9 restricted; (4) relocates an office or employees; (5) reorga10 nizes offices, programs, or activities; or (6) contracts out

11 or privatizes any functions or activities presently per12 formed by Federal employees; unless the Appropriations

13 Committees of both Houses of Congress are notified fif14 teen days in advance of such reprogramming of funds.

15 (b) None of the funds provided under this Act, or

16 provided under previous Appropriations Acts to the agen17 cies funded by this Act that remain available for obligation

18 or expenditure in fiscal year 1996, or provided from any

19 accounts in the Treasury of the United States derived by

20 the collection of fees available to the agencies funded by

21 this Act, shall be available for obligation or expenditure

22 for activities, programs, or projects through a

23 reprogramming of funds in excess of $500,000 or 10 per24 cent, whichever is less, that (1) augments existing pro25 grams, projects, or activities; (2) reduces by 10 percent
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1 funding for any existing program, project, or activity, or

2 numbers of personnel by 10 percent as approved by Con3 gress; or (3) results from any general savings from a re4 duction in personnel which would result in a change in

5 existing programs, activities, or projects as approved by

6 Congress; unless the Appropriations Committees of both

7 Houses of Congress are notified fifteen days in advance

8 of such reprogramming of funds.

9 SEC. 606. None of the funds made available in this

10 Act may be used for the construction, repair (other than

11 emergency repair), overhaul, conversion, or modernization

12 of vessels for the National Oceanic and Atmospheric Ad13 ministration in shipyards located outside of the United

14 States.

15 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

16 EQUIPMENT AND PRODUCTS.—It is the sense of the Con17 gress that, to the greatest extent practicable, all equip18 ment and products purchased with funds made available

19 in this Act should be American-made.

20 (b) NOTICE REQUIREMENT.—In providing financial

21 assistance to, or entering into any contract with, any en22 tity using funds made available in this Act, the head of

23 each Federal agency, to the greatest extent practicable,

24 shall provide to such entity a notice describing the state25 ment made in subsection (a) by the Congress.
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1 SEC. 608. None of the funds made available in this

2 Act may be used to implement, administer, or enforce any

3 guidelines of the Equal Employment Opportunity Com4 mission covering harassment based on religion, when it is

5 made known to the Federal entity or official to which such

6 funds are made available that such guidelines do not differ

7 in any respect from the proposed guidelines published by

8 the Commission on October 1, 1993 (58 Fed. Reg.

9 51266).

10 SEC. 609. LIMITATION ON THE USE OF FUNDS FOR

11 DIPLOMATIC FACILITIES IN VIETNAM.—None of the

12 funds appropriated or otherwise made available by this

13 Act may be obligated or expended to pay for any cost in14 curred for (1) opening or operating any United States dip15 lomatic or consular post in the Socialist Republic of Viet16 nam that was not operating on July 11, 1995; (2) expand17 ing any United States diplomatic or consular post in the

18 Socialist Republic of Vietnam that was operating on July

19 11, 1995; or (3) increasing the total number of personnel

20 assigned to United States diplomatic or consular posts in

21 the Socialist Republic of Vietnam above the levels existing

22 on July 11, 1995.

23 SEC. 610. None of the funds made available by this

24 Act may be used for any United Nations undertaking

25 when it is made known to the Federal official having au-
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1 thority to obligate or expend such funds (1) that the Unit2 ed Nations undertaking is a peacekeeping mission, (2)

3 that such undertaking will involve United States Armed

4 Forces under the command or operational control of a for5 eign national, and (3) that the President’s military advi6 sors have not submitted to the President a recommenda7 tion that such involvement is in the national security inter8 ests of the United States and the President has not sub9 mitted to the Congress such a recommendation.

10 SEC. 611. None of the funds made available in this

11 Act shall be used to provide the following amenities or per12 sonal comforts in the Federal prison system—

13 (1) in-cell television viewing except for prisoners

14 who are segregated from the general prison popu15 lation for their own safety;

16 (2) the viewing of R, X, and NC–17 rated mov17 ies, through whatever medium presented;

18 (3) any instruction (live or through broadcasts)

19 or training equipment for boxing, wrestling, judo,

20 karate, or other martial art, or any bodybuilding or

21 weightlifting equipment of any sort;

22 (4) possession of in-cell coffee pots, hot plates,

23 or heating elements; or

24 (5) the use or possession of any electric or elec25 tronic musical instrument.
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1 SEC. 612. None of the funds made available in title

2 II for the National Oceanic and Atmospheric Administra3 tion under the heading ‘‘Fleet Modernization, Shipbuild4 ing and Conversion’’ may be used to implement sections

5 603, 604, and 605 of Public Law 102–567.

6 SEC. 613. None of the funds made available in this

7 Act may be used for ‘‘USIA Television Marti Program’’

8 under the Television Broadcasting to Cuba Act or any

9 other program of United States Government television

10 broadcasts to Cuba, when it is made known to the Federal

11 official having authority to obligate or expend such funds

12 that such use would be inconsistent with the applicable

13 provisions of the March 1995 Office of Cuba Broadcasting

14 Reinventing Plan of the United States Information

15 Agency.

16 SEC. 614. (1) Notwithstanding any other provision of

17 law, no funds appropriated under this Act may be used in

18 violation of the provisions of paragraphs (2) and (3).

19 (2) Notwithstanding any other provision of law, nei20 ther the Federal Government nor any officer, employee, or

21 department or agency of the Federal Government—

22 (A) may intentionally discriminate against, or

23 may grant a preference to, any individual or group

24 based in whole or in part on race, color, national ori25 gin, or sex, in connection with—
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1 (i) a Federal contract or subcontract;

2 (ii) Federal employment; or

3 (iii) any other federally conducted program

4 or activity;

5 (B) may require or encourage any Federal con6 tractor or subcontractor to intentionally discriminate

7 against, or grant a preference to, any individual or

8 group based in whole or in part on race, color, na9 tional origin, or sex; or

10 (C) may enter into a consent decree that re11 quires, authorizes, or permits any activity prohibited

12 by subparagraph (A) or (B).

13 (3) Nothing in this subsection shall be construed to

14 prohibit or limit any effort by the Federal Government or

15 any officer, employee, or department or agency of the Fed16 eral Government—

17 (A) to recruit qualified women or qualified mi18 norities into an applicant pool for Federal employ19 ment or to encourage businesses owned by women or

20 by minorities to bid for Federal contracts or sub21 contracts, if such recruitment or encouragement does

22 not involve using a numerical objective, or otherwise

23 granting a preference, based in whole or in part on

24 race, color, national origin, or sex, in selecting any

25 individual or group for the relevant employment, con-
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1 tract or subcontract, benefit, opportunity, or program;

2 or

3 (B) to require or encourage any Federal contrac4 tor or subcontractor to recruit qualified women or

5 qualified minorities into an applicant pool for em6 ployment or to encourage businesses owned by women

7 or by minorities to bid for Federal contracts or sub8 contracts, if such requirement or encouragement does

9 not involve using a numerical objective, or otherwise

10 granting a preference, based in whole or in part on

11 race, color, national origin, or sex, in selecting any

12 individual or group for the relevant employment, con13 tract or subcontract, benefit, opportunity, or program.

14 (4)(A) Nothing in this subsection shall be construed to

15 prohibit or limit any Act that is designated to benefit an

16 institution that is a historically Black college or university

17 on the basis that the institution is a historically Black col18 lege or university.

19 (B) Nothing in this subsection shall be construed to

20 prohibit or limit any action taken—

21 (i) pursuant to a law enacted under the constitu22 tional papers of Congress relating to the Indian

23 tribes; or

24 (ii) under a treaty between an Indian tribe and

25 the United States.
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1 (C) Nothing in this subsection shall be construed to

2 prohibit or limit any classification based on sex if—

3 (i) sex is a bona fide occupational qualification

4 reasonably necessary to the normal operation of the

5 Federal Government entity or Federal contractor or

6 subcontractor involved;

7 (ii) the classification is designed to protect the

8 privacy of individuals; or

9 (iii)(I) the occupancy of the position for which

10 the classification is made, or access to the premises in

11 or on which any part of the duties of such position

12 is performed or is to be performed, is subject to any

13 requirement imposed in the interest of the national

14 security of the United States under any security pro15 gram in effect pursuant to or administered under any

16 Act or any Executive order of the President; or

17 (II) the classification is applied with respect to

18 a member of the Armed Forces serving on active duty

19 in a theatre of combat operations (as determined by

20 the Secretary of Defense).

21 (5)(A) In any action involving a violation of this sub22 section, a court may award only injunctive or equitable re23 lief (including but not limited to back pay), a reasonable

24 attorney’s fee, and costs.
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1 (B) Nothing in this paragraph shall be construed to

2 affect any remedy available under any other law.

3 (6)(A) This subsection shall not affect any case pend4 ing on the date of enactment of this Act.

5 (B) This subsection shall not affect any contract, sub6 contract, or consent decree in effect on the date of enactment

7 of this Act, including any option exercised under such con8 tract or subcontract before or after such date of enactment.

9 (7) This subsection does not prohibit or limit the avail10 ability of funds to implement a—

11 (A) court order or consent decree issued before

12 the date of enactment of this Act; or

13 (B) court order or consent decree that—

14 (i) is issued on or after the date of enact15 ment of this Act; and

16 (ii) provides a remedy based on a finding

17 or discrimination by a person to whom the order

18 applies.

19 (8) As used in this subsection—

20 (A) The term ‘‘Federal Government’’ means the

21 executive and legislative branches of the Government

22 of the United States.

23 (B) The term ‘‘grant a preference’’ means use of

24 any preferential treatment and includes but is not
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1 limited to any use of a quota, set-aside, numerical

2 goal, timetable, or other numerical objective.

3 (C) The term ‘‘historically Black college or uni4 versity’’ means a part B institution, as defined in

5 section 322(2) of the Higher Education Act of 1965

6 (920 U.S.C. 1061(2)).

7 SEC. 615. (1) This Act may be cited as the ‘‘Stop

8 Turning Out Prisoners Act’’.

9 (2) IN GENERAL.—Section 3626 of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘§ 3626. Appropriate remedies with respect to prison

12 conditions

13 ‘‘(a) REQUIREMENTS FOR RELIEF.—

14 ‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.—

15 Prospective relief in a civil action with respect to

16 prison conditions shall extend no further than nec17 essary to remove the conditions that are causing the

18 deprivation of the Federal rights of individual plain19 tiffs in that civil action. The court shall not grant or

20 approve any prospective relief unless the court finds

21 that such relief is narrowly drawn and the least in22 trusive means to remedy the violation of the Federal

23 right. In determining the intrusiveness of the relief,

24 the court shall give substantial weight to any adverse
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1 impact on public safety or the operation of a crimi2 nal justice system caused by the relief.

3 ‘‘(2) PRISON POPULATION REDUCTION RELIEF.—

4 In any civil action with respect to prison conditions,

5 the court shall not grant or approve any relief the

6 purpose or effect of which is to reduce or limit the

7 prison population, unless the plaintiff proves that

8 crowding is the primary cause of the deprivation of

9 the Federal right and no other relief will remedy that

10 deprivation.

11 ‘‘(b) TERMINATION OF RELIEF.—

12 ‘‘(1) AUTOMATIC TERMINATION OF PROSPECTIVE

13 RELIEF AFTER 2-YEAR PERIOD.—In any civil action

14 with respect to prison conditions, any prospective re15 lief shall automatically terminate 2 years after the

16 later of—

17 ‘‘(A) the date the court found the violation

18 of a Federal right that was the basis for the re19 lief; or

20 ‘‘(B) the date of the enactment of the Stop

21 Turning Out Prisoners Act.

22 ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE

23 RELIEF.—In any civil action with respect to prison

24 conditions, a defendant or intervenor shall be entitled

25 to the immediate termination of any prospective re-
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1 lief, if that relief was approved or granted in the ab2 sence of a finding by the court that prison conditions

3 violated a Federal right.

4 ‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PROSPEC5 TIVE RELIEF.—

6 ‘‘(1) GENERALLY.—The court shall promptly

7 rule on any motion to modify or terminate prospec8 tive relief in a civil action with respect to prison con9 ditions.

10 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

11 subject to a pending motion shall be automatically

12 stayed during the period—

13 ‘‘(A) beginning on the 30th day after such

14 motion is filed, in the case of a motion made

15 under subsection (b); and

16 ‘‘(B) beginning on the 180th day after such

17 motion is filed, in the case of a motion made

18 under any other law;

19 and ending on the date the court enters a final order

20 ruling on that motion.

21 ‘‘(d) STANDING.—Any Federal, State, or local official

22 or unit of government—

23 ‘‘(1) whose jurisdiction or function includes the

24 prosecution or custody of persons in a prison subject

25 to; or
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1 ‘‘(2) who otherwise is or may be affected by;

2 any relief the purpose or effect of which is to reduce or limit

3 the prison population shall have standing to oppose the im4 position or continuation in effect of that relief and may

5 intervene in any proceeding relating to that relief. Standing

6 shall be liberally conferred under this subsection so as to

7 effectuate the remedial purposes of this section.

8 ‘‘(e) SPECIAL MASTERS.—In any civil action in a

9 Federal court with respect to prison conditions, any special

10 master or monitor shall be a United States magistrate and

11 shall make proposed findings on the record on complicated

12 factual issues submitted to that special master or monitor

13 by the court, but shall have no other function. The parties

14 may not by consent extend the function of a special master

15 beyond that permitted under this subsection.

16 ‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under sec17 tion 722 of the Revised Statutes of the United States (42

18 U.S.C. 1988) may be granted to a plaintiff in a civil action

19 with respect to prison conditions except to the extent such

20 fee is—

21 ‘‘(1) directly and reasonably incurred in proving

22 an actual violation of the plaintiff’s Federal rights;

23 and
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1 ‘‘(2) proportionally related to the extent the

2 plaintiff obtains court ordered relief for that viola3 tion.

4 ‘‘(g) DEFINITIONS.—As used in this section—

5 ‘‘(1) the term ‘prison’ means any Federal, State,

6 or local facility that incarcerates or detains juveniles

7 or adults accused of, convicted of, sentenced for, or ad8 judicated delinquent for, violations of criminal law;

9 ‘‘(2) the term ‘relief’ means all relief in any form

10 which may be granted or approved by the court, and

11 includes consent decrees and settlement agreements;

12 and

13 ‘‘(3) the term ‘prospective relief’ means all relief

14 other than compensatory monetary damages.’’.

15 (3) APPLICATION OF AMENDMENT.—Section 3626 of

16 title 18, United States Code, as amended by this section,

17 shall apply with respect to all relief (as defined in such

18 section) whether such relief was originally granted or ap19 proved before, on, or after the date of the enactment of this

20 Act.

21 (4) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of subchapter C of chapter 229 of title 18,

23 United States Code, is amended by striking ‘‘crowding’’ and

24 inserting ‘‘conditions’’.
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1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF JUSTICE

3 GENERAL ADMINISTRATION

4 WORKING CAPITAL FUND

5 (RESCISSION)

6 Of the unobligated balances available under this head7 ing, $35,000,000 are rescinded.

8 DEPARTMENT OF COMMERCE

9 NATIONAL TELECOMMUNICATIONS AND INFORMATION

10 ADMINISTRATION

11 INFORMATION INFRASTRUCTURE GRANTS

12 (RESCISSION)

13 Of the unobligated balances available under this head14 ing, $36,769,000 are rescinded.

15 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

16 CONSTRUCTION OF RESEARCH FACILITIES

17 (RESCISSION)

18 Of the unobligated balances available under this head19 ing, $152,993,000 are rescinded.

20 DEPARTMENT OF STATE

21 ADMINISTRATION OF FOREIGN AFFAIRS

22 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

23 (RESCISSION)

24 Of the unobligated balances available under this head25 ing, $115,000,000 are rescinded.
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1 RELATED AGENCIES

2 UNITED STATES INFORMATION AGENCY

3 RADIO CONSTRUCTION

4 (RESCISSION)

5 Of the unobligated balances available under this head6 ing, $7,400,000 are rescinded.

7 This Act may be cited as the ‘‘Departments of Com8 merce, Justice, and State, the Judiciary, and Related

9 Agencies Appropriations Act, 1996’’.

Passed the House of Representatives July 26, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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Calendar No. 184

104TH CONGRESS

1ST SESSION H. R. 2076

[Report No. 104–139]

AN ACT

Making appropriations for the Departments of

tember 30, 1996, and for other purposes.related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and

JULY 27 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 12 (legislative day, SEPTEMBER 5), 1995

Reported with amendments