H. R. 2076

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 1996, and for other purposes, namely:

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Depart- ment of Justice, $74,282,000; including not to exceed $3,317,000

for the Facilities Program 2000, and including $5,000,000 for

management and oversight of Immigration and Naturalization Service activities, both sums to remain available until expended: Provided, That not to exceed 45 permanent positions and 51 fulltime equivalent workyears and $7,477,000 shall be expended for

the Department Leadership Program only for the Offices of the

Attorney General and the Deputy Attorney General, exclusive of

augmentation that occurred in these offices in fiscal year 1995:

Provided further, That not to exceed 76 permanent positions and

90 full-time equivalent workyears and $9,487,000 shall be expended

for the Executive Support program for the Offices of Legislative

Affairs, Public Affairs and Policy Development: Provided further,

That the latter three aforementioned offices shall not be augmented

by personnel details, temporary transfers of personnel on either

a reimbursable or non-reimbursable basis or any other type of

formal or informal transfer or reimbursement of personnel or funds

on either a temporary or long-term basis.

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General,

$16,898,000, to remain available until expended, to reimburse any

Department of Justice organization for (1) the costs incurred in

reestablishing the operational capability of an office or facility which

has been damaged or destroyed as a result of the bombing of

the Alfred P. Murrah Federal Building in Oklahoma City or any

domestic or international terrorist incident, (2) the costs of providing

support to counter, investigate or prosecute domestic or inter-
H. R. 2076—2

national terrorism, including payment of rewards in connection

with these activities, and (3) the costs of conducting a terrorism

threat assessment of Federal agencies and their facilities: Provided,

That funds provided under this section shall be available only

after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance

with section 605 of this Act.

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and clemency petitions and immigration related activities, $38,886,000:

Provided, That the obligated and unobligated balances of funds previously appropriated to the General Administration, Salaries

and Expenses appropriation for the Executive Office for Immigration Review and the Office of the Pardon Attorney shall be merged

with this appropriation.

VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND

APPEALS

For activities authorized by sections 130005 and 130007 of Public Law 103–322, $47,780,000, to remain available until

expended, which shall be derived from the Violent Crime Reduction

Trust Fund: Provided, That the obligated and unobligated balances

of funds previously appropriated to the General Administration,

Salaries and Expenses appropriation under title VIII of Public

Law 103–317 for the Executive Office for Immigration Review shall

be merged with this appropriation.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $28,960,000; including not to exceed $10,000 to meet

unforeseen emergencies of a confidential character, to be expended

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

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

maintenance and operation of motor vehicles without regard to

the general purchase price limitation.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission

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

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed

$20,000 for expenses of collecting evidence, to be expended under

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

of, the Attorney General; and rent of private or Government-owned

space in the District of Columbia; $401,929,000; of which not to
H. R. 2076—3

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

available until expended: Provided, That of the funds available

in this appropriation, not to exceed $22,618,000 shall remain available until expended for office automation systems for the legal

divisions covered by this appropriation, and for the United States

Attorneys, the Antitrust Division, and offices funded through ‘‘Salaries and Expenses’’, General Administration: Provided further, That

of the total amount appropriated, not to exceed $1,000 shall be

available to the United States National Central Bureau,

INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding 31 U.S.C. 1342, the Attorney

General may accept on behalf of the United States and credit

to this appropriation, gifts of money, personal property and services,

for the purpose of hosting the International Criminal Police

Organization’s (INTERPOL) American Regional Conference in the

United States during fiscal year 1996.

In addition, for reimbursement of expenses of the Department

of Justice associated with processing cases under the National

Childhood Vaccine Injury Act of 1986, not to exceed $4,028,000,

to be appropriated from the Vaccine Injury Compensation Trust

Fund, as authorized by section 6601 of the Omnibus Budget Reconciliation Act, 1989, as amended by Public Law 101–512 (104

Stat. 1289).

In addition, for Salaries and Expenses, General Legal Activities,

$12,000,000 shall be made available to be derived by transfer from

unobligated balances of the Working Capital Fund in the Department of Justice.

VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES

For the expeditious deportation of denied asylum applicants,

as authorized by section 130005 of Public Law 103–322, $7,591,000,

to remain available until expended, which shall be derived from

the Violent Crime Reduction Trust Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and

kindered laws, $65,783,000: Provided, That notwithstanding any

other provision of law, not to exceed $48,262,000 of offsetting collections derived from fees collected for premeger notification filings

under the Hart-Scott-Rodino Antitrust Improvements Act of 1976

(15 U.S.C. 18(a)) shall be retained and used for necessary expenses

in this appropriation, and shall remain available until expended:

Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received

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

appropriation from the General Fund estimated at not more than

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

of $48,262,000 in fiscal year 1996, shall remain available until

expended, but shall not be available for obligation until October

1, 1996.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Office of the United States Attorneys, including intergovernmental agreements, $895,509,000, of

which not to exceed $2,500,000 shall be available until September
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30, 1997 for the purposes of (1) providing training of personnel

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

to the Department of Justice related to locating debtors and their

property, such as title searches, debtor skiptracing, asset searches,

credit reports and other investigations, (3) paying the costs of

the Department of Justice for the sale of property not covered

by the sale proceeds, such as auctioneers’ fees and expenses, maintenance and protection of property and businesses, advertising and

title search and surveying costs, and (4) paying the costs of processing and tracking debts owed to the United States Government:

Provided, That of the total amount appropriated, not to exceed

$8,000 shall be available for official reception and representation

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

funds available for automated litigation support contracts and

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

expended: Provided further, That in addition to reimbursable fulltime equivalent workyears available to the Office of the United

States Attorneys, not to exceed 8,595 positions and 8,862 fulltime equivalent workyears shall be supported from the funds appropriated in this Act for the United States Attorneys.

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS

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

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

until expended, which shall be derived from the Violent Crime

Reduction Trust Fund, of which $20,269,000 shall be available

to help meet increased demands for litigation and related activities,

$500,000 to implement a program to appoint additional Federal

Victim’s Counselors, and $9,231,000 for expeditious deportation of

denied asylum applicants.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,

$102,390,000, as authorized by 28 U.S.C. 589a(a), to remain available until expended, for activities authorized by section 115 of

the Bankruptcy Judges, United States Trustees, and Family Farmer

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

from the United States Trustee System Fund: Provided, That

deposits to the Fund are available in such amounts as may be

necessary to pay refunds due depositors: Provided further, That,

notwithstanding any other provision of law, not to exceed

$44,191,000 of offsetting collections derived from fees collected

pursuant to section 589a(f) of title 28, United States Code, as

amended, shall be retained and used for necessary expenses in

this appropriation: Provided further, That the $102,390,000 herein

appropriated from the United States Trustee System Fund shall

be reduced as such offsetting collections are received during fiscal

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

from such Fund estimated at not more than $58,199,000: Provided

further, That any of the aforementioned fees collected in excess

of $44,191,000 in fiscal year 1996 shall remain available until

expended, but shall not be available for obligation until October

1, 1996.
H. R. 2076—5

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign

Claims Settlement Commission, including services as authorized

by 5 U.S.C. 3109, $830,000.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service;

including the acquisition, lease, maintenance, and operation of

vehicles and aircraft, and the purchase of passenger motor vehicles

for police-type use without regard to the general purchase price

limitation for the current fiscal year; $423,248,000, as authorized

by 28 U.S.C. 561(i), of which not to exceed $6,000 shall be available

for official reception and representation expenses.

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS

SERVICE

For activities authorized by section 190001(b) of Public Law

103–322, $25,000,000, to remain available until expended, which

shall be derived from the Violent Crime Reduction Trust Fund.

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

For expenses related to United States prisoners in the custody

of the United States Marshals Service as authorized in 18 U.S.C.

4013, but not including expenses otherwise provided for in appropriations available to the Attorney General; $252,820,000, as

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

In addition, for Federal Prisoner Detention, $9,000,000 shall

be made available until expended to be derived by transfer from

unobligated balances of the Working Capital Fund in the Department of Justice.

FEES AND EXPENSES OF WITNESSES

For expenses, mileage, compensation, and per diems of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for

per diems in lieu of subsistence, as authorized by law, including

advances, $85,000,000, to remain available until expended; of which

not to exceed $4,750,000 may be made available for planning,

construction, renovations, maintenance, remodeling, and repair of

buildings and the purchase of equipment incident thereto for protected witness safesites; of which not to exceed $1,000,000 may

be made available for the purchase and maintenance of armored

vehicles for transportation of protected witnesses; and of which

not to exceed $4,000,000 may be made available for the purchase,

installation and maintenance of a secure automated information

network to store and retrieve the identities and locations of protected witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,

established by title X of the Civil Rights Act of 1964, $5,319,000.
H. R. 2076—6

ASSETS FORFEITURE FUND

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

(F), and (G), as amended, $30,000,000 to be derived from the Department of Justice Assets Forfeiture Fund.

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses in accordance with the

Radiation Exposure Compensation Act, $2,655,000.

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

For payments to the Radiation Exposure Compensation Trust

Fund, $16,264,000, to become available on October 1, 1996.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the detection, investigation, and

prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, to include intergovernmental agreements with State and local law enforcement agencies engaged in

the investigation and prosecution of individuals involved in organized crime drug trafficking, $359,843,000, of which $50,000,000

shall remain available until expended: Provided, That any amounts

obligated from appropriations under this heading may be used

under authorities available to the organizations reimbursed from

this appropriation: Provided further, That any unobligated balances

remaining available at the end of the fiscal year shall revert to

the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for detection, investigation, and

prosecution of crimes against the United States; including purchase

for police-type use of not to exceed 1,815 passenger motor vehicles

of which 1,300 will be for replacement only, without regard to

the general purchase price limitation for the current fiscal year,

and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and not to exceed $70,000 to meet

unforeseen emergencies of a confidential character, to be expended

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

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

to exceed $50,000,000 for automated data processing and telecommunications and technical investigative equipment and

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

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

be for counterterrorism investigations, foreign counterintelligence,

and other activities related to our national security; of which not
H. R. 2076—7

to exceed $98,400,000 shall remain available until expended; of

which not to exceed $10,000,000 is authorized to be made available

for making payments or advances for expenses arising out of

contractual or reimbursable agreements with State and local law

enforcement agencies while engaged in cooperative activities related

to violent crime, terrorism, organized crime, and drug investigations; and of which $1,500,000 shall be available to maintain an

independent program office dedicated solely to the relocation of

the Criminal Justice Information Services Division and the automation of fingerprint identification services: Provided, That not to

exceed $45,000 shall be available for official reception and representation expenses: Provided further, That $58,000,000 shall be made

available for NCIC 2000, of which not less than $35,000,000 shall

be derived from ADP and Telecommunications unobligated balances,

and of which $22,000,000 shall be derived by transfer and available

until expended from unobligated balances in the Working Capital

Fund of the Department of Justice.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by Public Law 103–322, $218,300,000,

to remain available until expended, which shall be derived from

the Violent Crime Reduction Trust Fund, of which $208,800,000

shall be for activities authorized by section 190001(c); $4,000,000

for Training and Investigative Assistance authorized by section

210501(c)(2); and $5,500,000 for establishing DNA quality assurance

and proficiency testing standards, establishing an index to facilitate

law enforcement exchange of DNA identification information, and

related activities authorized by section 210306.

CONSTRUCTION

For necessary expenses to construct or acquire buildings and

sites by purchase, or as otherwise authorized by law (including

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;

$97,589,000, to remain available until expended.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of,

the Attorney General; expenses for conducting drug education and

training programs, including travel and related expenses for participants in such programs and the distribution of items of token

value that promote the goals of such programs; purchase of not

to exceed 1,208 passenger motor vehicles, of which 1,178 will be

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

general purchase price limitation for the current fiscal year; and

acquisition, lease, maintenance, and operation of aircraft;

$745,668,000, of which not to exceed $1,800,000 for research and

$15,000,000 for transfer to the Drug Diversion Control Fee Account

for operating expenses shall remain available until expended, and

of which not to exceed $4,000,000 for purchase of evidence and
H. R. 2076—8

payments for information, not to exceed $4,000,000 for contracting

for ADP and telecommunications equipment, and not to exceed

$2,000,000 for technical and laboratory equipment shall remain

available until September 30, 1997, and of which not to exceed

$50,000 shall be available for official reception and representation

expenses.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by sections 180104 and 190001(b)

of Public Law 103–322, $60,000,000, to remain available until

expended, which shall be derived from the Violent Crime Reduction

Trust Fund.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary for the

administration and enforcement of the laws relating to immigration,

naturalization, and alien registration, including not to exceed

$50,000 to meet unforeseen emergencies of a confidential character,

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

solely under the certificate of, the Attorney General; purchase for

police-type use (not to exceed 813 of which 177 are for replacement

only) without regard to the general purchase price limitation for

the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research

related to immigration enforcement; $1,394,825,000; of which

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

$12,100,000 shall remain available until September 30, 1997; of

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

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

available for costs associated with the training program for basic

officer training: Provided, That none of the funds available to the

Immigration and Naturalization Service shall be available for

administrative expenses to pay any employee overtime pay in an

amount in excess of $25,000 during the calendar year beginning

January 1, 1996: Provided further, That uniforms may be purchased

without regard to the general purchase price limitation for the

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

shall be available for official reception and representation expenses:

Provided further, That the Attorney General may transfer to the

Department of Labor and the Social Security Administration not

to exceed $10,000,000 for programs to verify the immigration status

of persons seeking employment in the United States: Provided

further, That none of the funds provided in this or any other

Act shall be used for the continued operation of the San Clemente

and Temecula checkpoints unless: (1) the checkpoints are open

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

(2) the Immigration and Naturalization Service undertakes a commuter lane facilitation pilot program at the San Clemente checkpoint within 90 days of enactment of this Act: Provided further,

That the Immigration and Naturalization Service shall undertake

the renovation and improvement of the San Clemente checkpoint,

to include the addition of two to four lanes, and which shall be

exempt from Federal procurement regulations for contract formation, from within existing balances in the Immigration and Natu-
H. R. 2076—9

ralization Service Construction account: Provided further, That if

renovation of the San Clemente checkpoint is not completed by

July 1, 1996, the San Clemente checkpoint will close until such

time as the renovations and improvements are completed unless

funds for the continued operation of the checkpoint are provided

and made available for obligation and expenditure in accordance

with procedures set forth in section 605 of this Act, as the result

of certification by the Attorney General that exigent circumstances

require the checkpoint to be open and delays in completion of

the renovations are not the result of any actions that are or have

been in the control of the Department of Justice: Provided further,

That the Office of Public Affairs at the Immigration and Naturalization Service shall conduct its business in areas only relating to

its central mission, including: research, analysis, and dissemination

of information, through the media and other communications outlets, relating to the activities of the Immigration and Naturalization

Service: Provided further, That the Office of Congressional Relations

at the Immigration and Naturalization Service shall conduct business in areas only relating to its central mission, including: providing services to Members of Congress relating to constituent inquiries

and requests for information; and working with the relevant

congressional committees on proposed legislation affecting immigration matters: Provided further, That in addition to amounts otherwise made available in this title to the Attorney General, the

Attorney General is authorized to accept and utilize, on behalf

of the United States, the $100,000 Innovation in American Government Award for 1995 from the Ford Foundation for the Immigration

and Naturalization Service’s Operation Jobs program.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by sections 130005, 130006, and

130007 of Public Law 103–322, $316,198,000, to remain available

until expended, which will be derived from the Violent Crime Reduction Trust Fund, of which $44,089,000 shall be for expeditious

deportation of denied asylum applicants, $231,570,000 for improving

border controls, and $40,539,000 for expanded special deportation

proceedings: Provided, That of the amounts made available,

$78,000,000 shall be for the Border Patrol.

CONSTRUCTION

For planning, construction, renovation, equipping and maintenance of buildings and facilities necessary for the administration

and enforcement of the laws relating to immigration, naturalization,

and alien registration, not otherwise provided for, $25,000,000,

to remain available until expended.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and

maintenance of Federal penal and correctional institutions, including purchase (not to exceed 853, of which 559 are for replacement

only) and hire of law enforcement and passenger motor vehicles;

and for the provision of technical assistance and advice on corrections related issues to foreign governments; $2,567,578,000: Pro-
H. R. 2076—10

vided, That there may be transferred to the Health Resources

and Services Administration such amounts as may be necessary,

in the discretion of the Attorney General, for direct expenditures

by that Administration for medical relief for inmates of Federal

penal and correctional institutions: Provided further, That the Director of the Federal Prison System (FPS), where necessary, may

enter into contracts with a fiscal agent/fiscal intermediary claims

processor to determine the amounts payable to persons who, on

behalf of the FPS, furnish health services to individuals committed

to the custody of the FPS: Provided further, That uniforms may

be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That not to exceed

$6,000 shall be available for official reception and representation

expenses: Provided further, That not to exceed $50,000,000 for

the activation of new facilities shall remain available until September 30, 1997: Provided further, That of the amounts provided for

Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements and other expenses authorized

by section 501(c) of the Refugee Education Assistance Act of 1980

for the care and security in the United States of Cuban and Haitian

entrants: Provided further, That no funds appropriated in this Act

shall be used to privatize any Federal prison facilities located in

Forrest City, Arkansas, and Yazoo City, Mississippi.

VIOLENT CRIME REDUCTION PROGRAMS

For substance abuse treatment in Federal prisons as authorized

by section 32001(e) of Public Law 103–322, $13,500,000, to remain

available until expended, which shall be derived from the Violent

Crime Reduction Trust Fund.

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; leasing the Oklahoma City Airport Trust Facility; purchase

and acquisition of facilities and remodeling and equipping of such

facilities for penal and correctional use, including all necessary

expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all

necessary expenses incident thereto, by contract or force account;

$334,728,000, to remain available until expended, of which not

to exceed $14,074,000 shall be available to construct areas for

inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation:

Provided further, That not to exceed 10 percent of the funds appropriated to ‘‘Buildings and Facilities’’ in this Act or any other Act

may be transferred to ‘‘Salaries and Expenses’’, Federal Prison

System upon notification by the Attorney General to the Committees

on Appropriations of the House of Representatives and the Senate

in compliance with provisions set forth in section 605 of this Act:

Provided further, That of the total amount appropriated, not to

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

construction of United States Marshals Service prisoner holding

facilities.
H. R. 2076—11

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby author- ized to make such expenditures, within the limits of funds and

borrowing authority available, and in accord with the law, and

to make such contracts and commitments, without regard to fiscal

year limitations as provided by section 9104 of title 31, United

States Code, as may be necessary in carrying out the program

set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement

only) and hire of passenger motor vehicles.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

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

be available for its administrative expenses, and for services as

authorized by 5 U.S.C. 3109, to be computed on an accrual basis

to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive

of depreciation, payment of claims, and expenditures which the

said accounting system requires to be capitalized or charged to

cost of commodities acquired or produced, including selling and

shipping expenses, and expenses in connection with acquisition,

construction, operation, maintenance, improvement, protection, or

disposition of facilities and other property belonging to the corporation or in which it has an interest.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assist- ance authorized by title I of the Omnibus Crime Control and Safe

Streets Act of 1968, as amended, and the Missing Children’s Assistance Act, as amended, including salaries and expenses in connection

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

$99,977,000, to remain available until expended, as authorized by

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

Streets Act, as amended by Public Law 102–534 (106 Stat. 3524).

VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE ASSISTANCE

For assistance (including amounts for administrative costs for

management and administration, which amounts shall be transferred to and merged with the ‘‘Justice Assistance’’ account) authorized by the Violent Crime Control and Law Enforcement Act of

1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime

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

and the Victims of Child Abuse Act of 1990, as amended (‘‘the

1990 Act’’); $202,400,000, to remain available until expended, which

shall be derived from the Violent Crime Reduction Trust Fund;

of which $6,000,000 shall be for the Court Appointed Special Advocate Program, as authorized by section 218 of the 1990 Act; $750,000

for Child Abuse Training Programs for Judicial Personnel and

Practitioners, as authorized by section 224 of the 1990 Act;

$130,000,000 for Grants to Combat Violence Against Women to

States, units of local governments and Indian tribal governments,

as authorized by section 1001(a)(18) of the 1968 Act; $28,000,000
H. R. 2076—12

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

governments and Indian tribal governments, as authorized by section 1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic

Violence and Child Abuse Enforcement Assistance Grants, as

authorized by section 40295 of the 1994 Act; $1,000,000 for training

programs to assist probation and parole officers who work with

released sex offenders, as authorized by section 40152(c) of the

Violent Crime Control and Law Enforcement Act of 1994; $50,000

for grants for televised testimony, as authorized by section

1001(a)(7) of the Omnibus Crime Control and Safe Streets Act

of 1968; $200,000 for the study of State databases on the incidence

of sexual and domestic violence, as authorized by section 40292

of the Violent Crime Control and Law Enforcement Act of 1994;

$1,500,000 for national stalker and domestic violence reduction,

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

grants for residential substance abuse treatment for State prisoners

authorized by section 1001(a)(17) of the 1968 Act; and $900,000

for the Missing Alzheimer’s Disease Patient Alert Program, as

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

any balances for these programs shall be transferred to and merged

with this appropriation.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by part E of title I of the Omnibus Crime Control

and Safe Streets Act of 1968, as amended, for State and Local

Narcotics Control and Justice Assistance Improvements, notwithstanding the provisions of section 511 of said Act, $388,000,000,

to remain available until expended, as authorized by section 1001

of title I of said Act, as amended by Public Law 102–534 (106

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

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

said Act, for discretionary grants under the Edward Byrne Memorial

State and Local Law Enforcement Assistance Programs: Provided,

That balances of amounts appropriated prior to fiscal year 1995

under the authorities of this account shall be transferred to and

merged with this account.

VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW

ENFORCEMENT ASSISTANCE

For assistance (including amounts for administrative costs for

management and administration, which amounts shall be transferred to and merged with the ‘‘Justice Assistance’’ account) authorized by the Violent Crime Control and Law Enforcement Act of

1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime

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

and the Victims of Child Abuse Act of 1990, as amended (‘‘the

1990 Act’’); $3,005,200,000, to remain available until expended,

which shall be derived from the Violent Crime Reduction Trust

Fund; of which $1,903,000,000 shall be for Local Law Enforcement

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

Representatives on February 14, 1995 for the purposes set forth

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

H.R. 728 and for establishing crime prevention programs involving

cooperation between community residents and law enforcement

personnel in order to control, detect, or investigate crime or the
H. R. 2076—13

prosecution of criminals: Provided, That recipients are encouraged to use these funds to hire additional law enforcement officers:

Provided further, That funds may also be used to defray the costs of indemnification insurance for law enforcement officers: Provided

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

educational expenses as set forth in section 200103 of the 1994

Act; $25,000,000 for grants to upgrade criminal records, as authorized by section 106(b) of the Brady Handgun Violence Prevention

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

Protection Act of 1993; $147,000,000 as authorized by section 1001

of title I of the 1968 Act, which shall be available to carry out

the provisions of subpart 1, part E of title I of the 1968 Act,

notwithstanding section 511 of said Act, for the Edward Byrne

Memorial State and Local Law Enforcement Assistance Programs;

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

as authorized by section 242(j) of the Immigration and Nationality

Act, as amended; $617,500,000 for Violent Offender Incarceration

and Truth in Sentencing Incentive Grants pursuant to subtitle

A of title II of the Violent Crime Control and Law Enforcement

Act of 1994 (as amended by section 114 of this Act), of which

$200,000,000 shall be available for payments to States for incarceration of criminal aliens, and of which $12,500,000 shall be available

for the Cooperative Agreement Program; $1,000,000 for grants to

States and units of local government for projects to improve DNA

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

$9,000,000 for Improved Training and Technical Automation

Grants, as authorized by section 210501(c)(1) of the 1994 Act;

$1,000,000 for Law Enforcement Family Support Programs, as

authorized by section 1001(a)(21) of the 1968 Act; $500,000 for

Motor Vehicle Theft Prevention Programs, as authorized by section

220002(h) of the 1994 Act; $1,000,000 for Gang Investigation

Coordination and Information Collection, as authorized by section

150006 of the 1994 Act; $200,000 for grants as authorized by

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

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

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

of 1968, as amended, may be obligated for programs to assist

States in the litigation processing of death penalty Federal habeas

corpus petitions: Provided further, That any 1995 balances for these programs shall be transferred to and merged with this appropriation: Provided further, That if a unit of local government uses any of the funds made available under this title to increase the

number of law enforcement officers, the unit of local government

will achieve a net gain in the number of law enforcement officers

who perform nonadministrative public safety service.

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses of the Executive Office for Weed and Seed, to implement ‘‘Weed

and Seed’’ program activities, $28,500,000, which shall be derived

from discretionary grants provided under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, to

remain available until expended for intergovernmental agreements,

including grants, cooperative agreements, and contracts, with State

and local law enforcement agencies engaged in the investigation

and prosecution of violent crimes and drug offenses in ‘‘Weed and

Seed’’ designated communities, and for either reimbursements or
H. R. 2076—14

transfers to appropriation accounts of the Department of Justice

and other Federal agencies which shall be specified by the Attorney

General to execute the ‘‘Weed and Seed’’ program strategy: Provided,

That funds designated by Congress through language for other

Department of Justice appropriation accounts for ‘‘Weed and Seed’’

program activities shall be managed and executed by the Attorney

General through the Executive Office for Weed and Seed: Provided

further, That the Attorney General may direct the use of other

Department of Justice funds and personnel in support of ‘‘Weed

and Seed’’ program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act.

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention

Act of 1974, as amended, including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $144,000,000, to remain available until

expended, as authorized by section 299 of part I of title II and

section 506 of title V of the Act, as amended by Public Law 102–

586, of which: (1) $100,000,000 shall be available for expenses

authorized by parts A, B, and C of title II of the Act; (2) $10,000,000

shall be available for expenses authorized by sections 281 and

282 of part D of title II of the Act for prevention and treatment

programs relating to juvenile gangs; (3) $10,000,000 shall be available for expenses authorized by section 285 of part E of title

II of the Act; (4) $4,000,000 shall be available for expenses authorized by part G of title II of the Act for juvenile mentoring programs;

and (5) $20,000,000 shall be available for expenses authorized by

title V of the Act for incentive grants for local delinquency prevention programs.

In addition, for grants, contracts, cooperative agreements, and

other assistance authorized by the Victims of Child Abuse Act

of 1990, as amended, $4,500,000, to remain available until

expended, as authorized by section 214B, of the Act: Provided,

That balances of amounts appropriated prior to fiscal year 1995

under the authorities of this account shall be transferred to and

merged with this account.

PUBLIC SAFETY OFFICERS BENEFITS

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

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),

as amended, such sums as are necessary, to remain available until

expended, as authorized by section 6093 of Public Law 100–690

(102 Stat. 4339–4340), and, in addition, $2,134,000, to remain available until expended, for payments as authorized by section 1201(b)

of said Act.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 101. In addition to amounts otherwise made available

in this title for official reception and representation expenses, a

total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney

General for official reception and representation expenses in accord-
H. R. 2076—15

ance with distributions, procedures, and regulations established

by the Attorney General.

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

and Related Agencies Appropriations Act, 1993, as amended by

section 112 of this Act, authorities contained in Public Law 96–

132, ‘‘The Department of Justice Appropriation Authorization Act,

Fiscal Year 1980’’, shall remain in effect until the termination

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

Justice Appropriation Authorization Act, whichever is earlier.

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

be available to pay for an abortion, except where the life of the

mother would be endangered if the fetus were carried to term,

or in the case of rape: Provided, That should this prohibition be

declared unconstitutional by a court of competent jurisdiction, this

section shall be null and void.

SEC. 104. None of the funds appropriated under this title shall

be used to require any person to perform, or facilitate in any

way the performance of, any abortion.

SEC. 105. Nothing in the preceding section shall remove the

obligation of the Director of the Bureau of Prisons to provide escort

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section

in any way diminishes the effect of section 104 intended to address

the philosophical beliefs of individual employees of the Bureau

of Prisons.

SEC. 106. Notwithstanding any other provision of law, not

to exceed $10,000,000 of the funds made available in this Act

may be used to establish and publicize a program under which

publicly-advertised, extraordinary rewards may be paid, which shall

not be subject to spending limitations contained in sections 3059

and 3072 of title 18, United States Code: Provided, That any reward

of $100,000 or more, up to a maximum of $2,000,000, may not

be made without the personal approval of the President or the

Attorney General and such approval may not be delegated.

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

available for the current fiscal year for the Department of Justice

in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations,

but no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this section shall be treated

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

shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 108. For fiscal year 1996 and each fiscal year thereafter,

amounts in the Federal Prison System’s Commissary Fund, Federal

Prisons, which are not currently needed for operations, shall be

kept on deposit or invested in obligations of, or guaranteed by,

the United States and all earnings on such investment shall be

deposited in the Commissary Fund.

SEC. 109. Section 524(c)(9) of title 28, United States Code,

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

‘‘(E) Subject to the notification procedures contained in section

605 of Public Law 103–121, and after satisfying the transfer requirement in subparagraph (B) of this paragraph, any excess unobligated

balance remaining in the Fund on September 30, 1995 shall be

available to the Attorney General, without fiscal year limitation,
H. R. 2076—16

for any Federal law enforcement, litigative/prosecutive, and correctional activities, or any other authorized purpose of the Department

of Justice. Any amounts provided pursuant to this subparagraph

may be used under authorities available to the organization receiving the funds.’’.

SEC. 110. Hereafter, notwithstanding any other provision of

law—

(1) No transfers may be made from Department of Justice

accounts other than those authorized in this Act, or in previous

or subsequent appropriations Acts for the Department of Justice, or in part II of title 28 of the United States Code, or

in section 10601 of title 42 of the United States Code; and

(2) No appropriation account within the Department of

Justice shall have its allocation of funds controlled by other

than an apportionment issued by the Office of Management

and Budget or an allotment advice issued by the Department

of Justice.

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

is amended by striking ‘‘a plan is confirmed or’’.

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

‘‘;’’ and inserting, ‘‘until a reorganization plan is confirmed;’’.

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

(1) in paragraph (2) by striking ‘‘.’’ and inserting, ‘‘until

a reorganization plan is confirmed;’’, and

(2) by inserting after paragraph (2) the following new paragraph:

‘‘(3) 100 percent of the fees collected under section

1930(a)(6) of this title after a reorganization plan is confirmed.’’.

SEC. 112. Public Law 102–395, section 102 is amended as

follows: (1) in subsection (b)(1) strike ‘‘years 1993, 1994, and 1995’’

and insert ‘‘year 1996’’; (2) in subsection (b)(1)(C) strike ‘‘years

1993, 1994, and 1995’’ and insert ‘‘year 1996’’; and (3) in subsection

(b)(5)(A) strike ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year 1996’’.

SEC. 113. Public Law 101–515 (104 Stat. 2112; 28 U.S.C. 534

note) is amended by inserting ‘‘and criminal justice information’’

after ‘‘for the automation of finger-print identification’’.

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

Violent Crime Control and Law Enforcement Act of 1994 is amended

to read as follows:

‘‘Subtitle A—Violent Offender Incarceration and Truth-in-Sentencing Incentive

Grants

‘‘SEC. 20101. DEFINITIONS.

‘‘As used in this subtitle—

‘‘(1) the term ‘indeterminate sentencing’ means a system by

which—

‘‘(A) the court may impose a sentence of a range defined

by statute; and

‘‘(B) an administrative agency, generally the parole

board, or the court, controls release within the statutory

range;

‘‘(2) the term ‘part 1 violent crime’ means murder and

nonnegligent manslaughter, forcible rape, robbery, and aggra-
H. R. 2076—17

vated assault as reported to the Federal Bureau of Investigation

for purposes of the Uniform Crime Reports; and

‘‘(3) the term ‘State’ means a State of the United States,

the District of Columbia, or any commonwealth, territory, or

possession of the United States.

‘‘SEC. 20102. AUTHORIZATION OF GRANTS.

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

to eligible States—

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

the prison bed capacity for the confinement of persons convicted

of a part 1 violent crime or adjudicated delinquent for an

act which if committed by an adult, would be a part 1 violent

crime;

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

facilities, including facilities on military bases, prison barges,

and boot camps, for the confinement of convicted nonviolent

offenders and criminal aliens, for the purpose of freeing suitable

existing prison space for the confinement of persons convicted

of a part 1 violent crime; and

‘‘(3) to build or expand jails.

‘‘(b) REGIONAL COMPACTS.—

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

enter into regional compacts to carry out this subtitle. Such

compacts shall be treated as States under this subtitle.

‘‘(2) REQUIREMENT.—To be recognized as a regional compact

for eligibility for a grant under section 20103 or 20104, each

member State must be eligible individually.

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

receive a grant under this subtitle both individually and as

part of a compact.

‘‘(c) LIMITATIONS.—

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

may receive either a general grant under section 20103 or

a truth-in-sentencing incentive grant under section 20104.

‘‘(2) EXCEPTION.—An eligible State may receive a grant

under both sections 20103 and 20104 if the amount that such

State is eligible to receive under section 20103 in a year equals

or exceeds the amount that such State is eligible to receive

under section 20104 for that year.

‘‘(d) APPLICABILITY.—Notwithstanding the eligibility requirements of sections 20103 and 20104, a State that certifies to the

Attorney General that, as of the date of enactment of the Department of Justice Appropriations Act, 1996, such State has enacted

legislation in reliance on subtitle A of title II of the Violent Crime

Control and Law Enforcement Act, as enacted on September 13,

1994, and would in fact qualify under those provisions, shall be

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

State qualifies under sections 20103 or 20104 of this subtitle.

‘‘SEC. 20103. GENERAL GRANTS.

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

section, a State shall submit an application to the Attorney General

that provides assurances that such State has, since 1993—

‘‘(1) increased the percentage of persons convicted of a

part 1 violent crime sentenced to prison;
H. R. 2076—18

‘‘(2) increased the average prison time actually to be served

in prison by persons convicted of a part 1 violent crime sentenced to prison; and

‘‘(3) increased the average percentage of time of the sentence to be actually served in prison by persons convicted

of a part 1 violent crime and sentenced to prison.

‘‘(b) INDETERMINATE SENTENCING EXCEPTION.—Notwithstanding subsection (a), a State shall be eligible for a grant under

this section if such State submits an application to the Attorney

General that provides assurances that the State on the date of

the enactment of the Departments of Commerce, Justice, and State,

the Judiciary and Related Agencies Appropriations Act, 1996—

‘‘(1) practices indeterminate sentencing with regard to any

part 1 violent crime; and

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

‘‘(A) the percentage of persons convicted of a part 1

violent crime sentenced to prison; and

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

offenses of murder, rape, and robbery under the State’s

sentencing and release guidelines for such offenses.

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

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

section, a State shall submit an application to the Attorney General

that provides assurances that—

‘‘(1) such State has implemented truth-in-sentencing laws

that require persons convicted of a part 1 violent crime to

serve not less than 85 percent of the sentence imposed (not

counting time not actually served, such as administrative or

statutory incentives for good behavior);

‘‘(2) such State has truth-in-sentencing laws that have been

enacted, but not yet implemented, that require such State,

not later than 3 years after such State submits an application

to the Attorney General, to provide that persons convicted

of a part 1 violent crime serve not less than 85 percent of

the sentence imposed; or

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

of the Departments of Commerce, Justice, and State, the

Judiciary and Related Agencies Appropriations Act, 1996, practices indeterminate sentencing with regard to any part 1 violent

crime, such State demonstrates that the average time served

for part 1 violent crimes in the State equals at least 85 percent

of the sentences established for such crimes under the State’s

sentencing and release guidelines (not counting time not actually served, such as administrative or statutory incentives for

good behavior).

‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a State may

provide that the Governor of the State may allow for the earlier

release of—

‘‘(1) a geriatric prisoner; or

‘‘(2) a prisoner whose medical condition precludes the prisoner from posing a threat to the public, but only after a public

hearing in which representatives of the public and the prisoner’s victims have had an opportunity to be heard regarding

a proposed release.
H. R. 2076—19

‘‘SEC. 20105. SPECIAL RULES.

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

OF LOCAL GOVERNMENT.— ‘‘(1) RESERVATION.—Each State shall reserve not more than

15 percent of the amount of funds allocated in a fiscal year

pursuant to section 20106 for counties and units of local government to construct, develop, expand, modify, or improve jails

and other correctional facilities.

‘‘(2) FACTORS FOR DETERMINATION OF AMOUNT.—To determine the amount of funds to be reserved under this subsection,

a State shall consider the burden placed on a county or unit

of local government that results from the implementation of

policies adopted by the State to carry out sections 20103 and

20104.

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

grant under section 20103 or 20104, a State shall provide assurances to the Attorney General that the State has implemented

or will implement not later than 18 months after the date of

the enactment of this subtitle policies that provide for the recognition of the rights and needs of crime victims. ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwithstanding any

other provision of this subtitle, if a State, or unit of local government

located in a State that otherwise meets the requirements of sections

20103 or 20104, certifies to the Attorney General that exigent

circumstances exist that require the State to expend funds to confine

juvenile offenders, the State may use funds received under this

subtitle to build or expand juvenile correctional facilities or pretrial

detention facilities for juvenile offenders. ‘‘(d) PRIVATE FACILITIES.—A State may use funds received under

this subtitle for the privatization of facilities to carry out the purposes of section 20102.

‘‘SEC. 20106. FORMULA FOR GRANTS.

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

to each State eligible to receive a grant under section 20103 or

20104, the Attorney General shall apply the following formula: ‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER SECTION 20103.— Of the amount set aside for grants for section 20103, 0.6 percent

shall be allocated to each eligible State, except that the United

States Virgin Islands, American Samoa, Guam, and the

Commonwealths of Puerto Rico and the Northern Mariana

Islands shall each be allocated 0.05 percent.

‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER SECTION 20104.— Of the amount set aside for grants for section 20104— ‘‘(A) if less than 20 States are awarded grants under

section 20104, 2.5 percent of the amounts paid shall be

allocated to each eligible State, except that the United

States Virgin Islands, American Samoa, Guam, and the

Commonwealths of Puerto Rico and the Northern Mariana

Islands shall each be allocated 0.05 percent; and

‘‘(B) if 20 or more States are awarded grants under

section 20104, 2.0 percent of the amounts awarded shall

be allocated to each eligible State in a fiscal year for

a grant under section 20104, except that the United States

Virgin Islands, American Samoa, Guam, and the Commonwealths of Puerto Rico and the Northern Mariana Islands

shall each be allocated 0.04 percent.
H. R. 2076—20

‘‘(3) ADDITIONAL AMOUNTS BASED ON NUMBER OF PART 1

VIOLENT CRIMES.—

‘‘(A) DISTRIBUTION OF REMAINING AMOUNTS.—The

amounts remaining after the application of paragraph (1)

or (2) shall be allocated to each eligible State in the ratio

that the average annual number of part 1 violent crimes

reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made bears to the average annual number

of part 1 violent crimes reported by all such States to

the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.

‘‘(B) UNAVAILABLE DATA.—If data regarding part 1 violent crimes in any State is unavailable for the 3 years

preceding the year in which the determination is made

or substantially inaccurate, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State

for the purposes of allocation of funds under this subtitle.

‘‘(4) REGIONAL COMPACTS.—In determining the funds that

States organized as a regional compact may receive, the Attorney General shall first apply the formula in either paragraph

(1) or (2) and (3) of this section to each member State of

the compact. The States organized as a regional compact may

receive the sum of the amounts so determined.

‘‘SEC. 20107. ACCOUNTABILITY.

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

this subtitle shall use accounting, audit, and fiscal procedures that

conform to guidelines prescribed by the Attorney General, and

shall ensure that any funds used to carry out the programs under

section 20102(a) shall represent the best value for the State governments at the lowest possible cost and employ the best available

technology.

‘‘(b) ADMINISTRATIVE PROVISIONS.—The administrative provisions of sections 801 and 802 of the Omnibus Crime Control and

Safe Streets Act of 1968 shall apply to the Attorney General under

this subtitle in the same manner that such provisions apply to

the officials listed in such sections.

‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORIZATIONS.—There are authorized to be appropriated to carry out this subtitle—

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

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

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

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

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

‘‘(2) DISTRIBUTION.—

‘‘(A) IN GENERAL.—Subject to section 20109, and except

as provided in subparagraph (B), of the amount appropriated pursuant to paragraph (1)—

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

pursuant to section 20106 to eligible States under section 20103; and
H. R. 2076—21

‘‘(ii) two-thirds of such amount shall be allocated

pursuant to section 20106 to eligible States under section 20104.

‘‘(B) ADDITIONAL FUNDS.—Subject to section 20109, if the amount appropriated pursuant to paragraph (1) exceeds

$750,000,000—

‘‘(i) half of such amount shall be allocated pursuant

to section 20106 to eligible States under section 20103;

and

‘‘(ii) half of such amount shall be allocated pursuant to section 20106 to eligible States under section

20104.

‘‘(b) LIMITATIONS ON FUNDS.— ‘‘(1) USES OF FUNDS.—Except as provided in section 20111,

funds made available pursuant to this section shall be used

only to carry out the purposes described in section 20102(a). ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds made available pursuant to this section shall not be used to supplant

State funds, but shall be used to increase the amount of funds

that would, in the absence of Federal funds, be made available

from State sources.

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

the funds made available pursuant to this section shall be

used for administrative costs.

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

pursuant to this section during any fiscal year shall remain

available until expended. ‘‘(5) MATCHING FUNDS.—The Federal share of a grant received under this subtitle may not exceed 90 percent of the

costs of a proposal as described in an application approved

under this subtitle.

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

‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any other provi- sion of this subtitle, from amounts appropriated under section 20108

to carry out sections 20103 and 20104, the Attorney General shall

reserve, to carry out this section— ‘‘(1) 0.3 percent in each of fiscal years 1996 and 1997; and

‘‘(2) 0.2 percent in each of fiscal years 1998, 1999, and

2000.

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

under subsection (a), the Attorney General may make grants to

Indian tribes for the purposes of constructing jails on tribal lands

for the incarceration of offenders subject to tribal jurisdiction. ‘‘(c) APPLICATIONS.—To be eligible to receive a grant under this section, an Indian tribe shall submit to the Attorney General

an application in such form and containing such information as

the Attorney General may by regulation require.

‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION

OF CRIMINAL ALIENS.

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

to each State which is eligible under section 242(j) of the Immigration and Nationality Act and which meets the eligibility requirements of section 20104, in such amount as is determined under

section 242(j) and for which payment is not made to such State

for such fiscal year under such section.
H. R. 2076—22

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any other provision of this subtitle, there are authorized to be appropriated to carry out this section from amounts authorized under

section 20108, an amount which when added to amounts appropriated to carry out section 242(j) of the Immigration and Nationality Act for fiscal year 1996 equals $500,000,000 and for each of

the fiscal years 1997 through 2000 does not exceed $650,000,000. ‘‘(c) REPORT TO CONGRESS.—Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which

contains the recommendation of the Attorney General concerning

the extension of the program under this section.

‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NONFEDERAL

INSTITUTIONS.

‘‘(a) IN GENERAL.The Attorney General may make payments to States and units of local government for the purposes authorized

in section 4013 of title 18, United States Code.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any other provision of this subtitle, there are authorized to be appropriated from amounts authorized under section 20108 for each

fiscal years 1996 through 2000 such sums as may be necessary

to carry out this section.

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

‘‘Beginning on July 1, 1996, and each July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this subtitle, including a report on the eligibility of the

States under sections 20103 and 20104, and the distribution and

use of funds under this subtitle.’’.

(b) PREFERENCE IN PAYMENTS.—Section 242(j)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(j)(4)) is amended

by adding at the end the following: ‘‘(C) in carrying out paragraph (1)(A), the Attorney General shall give preference in making payments to States

and political subdivisions of States which are ineligible

for payments under section 20110 of the Violent Crime

Control and Law Enforcement Act of 1994.’’.

(c) CONFORMING AMENDMENTS.— (1) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF

1968.—

(A) PART V.—Part V of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 is repealed. (B) FUNDING.— (i) Section 1001(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 is amended by striking

paragraph (20). (ii) Notwithstanding the provisions of subpara- graph (A), any funds that remain available to an

applicant under paragraph (20) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 shall

be used in accordance with part V of such Act as

if such Act was in effect on the day preceding the

date of enactment of this Act.

(2) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT

OF 1994.—

(A) TABLE OF CONTENTS.—The table of contents of the

Violent Crime Control and Law Enforcement Act of 1994

is amended by striking the matter relating to title V.
H. R. 2076—23

(B) COMPLIANCE.—Notwithstanding the provisions of

paragraph (1), any funds that remain available to an

applicant under title V of the Violent Crime Control and

Law Enforcement Act of 1994 shall be used in accordance

with such subtitle as if such subtitle was in effect on

the day preceding the date of enactment of this Act.

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

the Violent Crime Control and Law Enforcement Act of

1994 is amended by striking the matter relating to subtitle

A of title II and inserting the following:

‘‘SUBTITLE A—TRUTH-IN-SENTENCING GRANTS

‘‘Sec. 20101. Definitions.

‘‘Sec. 20102. Authorization of Grants.

‘‘Sec. 20103. General Grants.

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

‘‘Sec. 20105. Special rules.

‘‘Sec. 20106. Formula for grants.

‘‘Sec. 20107. Accountability.

‘‘Sec. 20108. Authorization of appropriations.

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

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

‘‘Sec. 20111. Report by the Attorney General.’’.

SEC. 115. Notwithstanding provisions of 41 U.S.C. 353 or any

other provision of law, the Federal Prison System may enter into

contracts and other agreements with private entities for a period

not to exceed 3 years and 7 additional option years for the confinement of Federal prisoners.

SEC. 116. (a) IN GENERAL.—Subsection (b) of section 4 of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg–2(b))

is amended by striking ‘‘March 11, 1993’’ each place it appears

and inserting ‘‘August 1, 1994’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in the provisions of the National

Voter Registration Act of 1993.

SEC. 117. Notwithstanding any other provision of law, a Federal, State, or local government agency may not use a voter registration card (or other related document) that evidences registration

for an election for Federal office, as evidence to prove United States

citizenship.

SEC. 118. Section 1344(b)(6) of title 31, United States Code,

is amended to read as follows:

‘‘(6) the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Administrator of the Drug Enforcement Administration;’’.

SEC. 119. (a) AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT

COMMISSION.—The Foreign Claims Settlement Commission of the

United States (the ‘‘Commission’’) is authorized to receive and determine the validity and amount of claims by nationals of the United

States against the Federal Republic of Germany covered by Article

2(2) of the Agreement Between the Government of the Federal

Republic of Germany and the Government of the United States

of America Concerning Final Benefits to Certain United States

Nationals Who Were Victims of National Socialist Measures of

Persecution, entered into force September 19, 1995 (the ‘‘Agreement’’). In deciding such claims, the Commission shall be guided

by the criteria applied by the Department of State in determining
H. R. 2076—24

the validity and amount of the claims covered by and settled under

Article 2(1) of the Agreement.

(b) APPLICATION OF OTHER LAWS.—Except to the extent

inconsistent with the provisions of this section, the provisions of

title I of the International Claims Settlement Act of 1949 (22

U.S.C. 1621 et sec.), except for section 7(b) (22 U.S.C. 1626(b)),

shall apply with respect to claims under this section. Any reference

in such provisions to ‘‘this title’’ shall be deemed to refer to those

provisions and to this section.

(c) CERTIFICATION AND PAYMENT.—

(1) Not later than two years after the entry into force

of the Agreement, the Commission shall certify to the Secretary

of State, in writing, its determinations as to the validity and

amount of the claims authorized for decision under subsection

(a).

(2) In the case of claims found to be compensable under

subsection (a), the Commission shall certify the awards entered

in the claims to the Secretary of the Treasury in accordance

with section 5 of title I of the International Claims Settlement

Act of 1949 (22 U.S.C. 1624). Such awards shall be paid in

accordance with subsections (a) and (c)–(f) of section 7 of such

title (22 U.S.C. 1626) out of a special fund established in

accordance with section 8 of such title (22 U.S.C. 1627), following conclusion of the negotiations provided for in Article 2(2)

of the Agreement.

(d) CONFIDENTIALITY OF RECORDS.—Records pertaining to the

claims received by the Commission pursuant to subsection (a) shall

not be publicly disclosed and shall not be required to be disclosed

pursuant to section 552 of title 5, United States Code.

(e) SEPARABILITY.—If any provision of this section or the

application thereof to any person or circumstances is held invalid,

the remainder of this section or the application of such provision

to other persons or circumstances shall not be affected.

This title may be cited as the ‘‘Department of Justice Appropriations Act, 1996’’.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

U.S.C. 3109, $20,889,000, of which $2,500,000 shall remain available until expended: Provided, That not to exceed $98,000 shall

be available for official reception and representation expenses.
H. R. 2076—25

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

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

and representation expenses, $40,000,000, to remain available until

expended.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the Department of Commerce provided for by law, and engaging

in trade promotional activities abroad, including expenses of grants

and cooperative agreements for the purpose of promoting exports

of United States firms, without regard to 44 U.S.C. 3702 and

3703; full medical coverage for dependent members of immediate

families of employees stationed overseas and employees temporarily

posted overseas; travel and transportation of employees of the

United States and Foreign Commercial Service between two points

abroad, without regard to 49 U.S.C. 1517; employment of Americans

and aliens by contract for services; rental of space abroad for

periods not exceeding ten years, and expenses of alteration, repair,

or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims,

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

when such claims arise in foreign countries; not to exceed $327,000

for official representation expenses abroad; purchase of passenger

motor vehicles for official use abroad, not to exceed $30,000 per

vehicle; obtain insurance on official motor vehicles; and rent tie

lines and teletype equipment; $264,885,000, to remain available

until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational

and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))

shall apply in carrying out these activities without regard to 15

U.S.C. 4912; and that for the purpose of this Act, contributions

under the provisions of the Mutual Educational and Cultural

Exchange Act shall include payment for assessments for services

provided as part of these activities.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national

security activities of the Department of Commerce, including costs

associated with the performance of export administration field

activities both domestically and abroad; full medical coverage for

dependent members of immediate families of employees stationed

overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten

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

of tort claims, in the manner authorized in the first paragraph

of 28 U.S.C. 2672 when such claims arise in foreign countries;
H. R. 2076—26

not to exceed $15,000 for official representation expenses abroad;

awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase

of passenger motor vehicles for official use and motor vehicles

for law enforcement use with special requirement vehicles eligible

for purchase without regard to any price limitation otherwise established by law; $38,604,000, to remain available until expended:

Provided, That the provisions of the first sentence of section 105(f)

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

Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply

in carrying out these activities: Provided further, That payments

and contributions collected and accepted for materials or services

provided as part of such activities may be retained for use in

covering the cost of such activities, and for providing information

to the public with respect to the export administration and national

security activities of the Department of Commerce and other export

control programs of the United States and other governments.

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided

by the Public Works and Economic Development Act of 1965, as

amended, Public Law 91–304, and such laws that were in effect

immediately before September 30, 1982, and for trade adjustment

assistance, $328,500,000: Provided, That none of the funds appropriated or otherwise made available under this heading may be

used directly or indirectly for attorneys’ or consultants’ fees in

connection with securing grants and contracts made by the Economic Development Administration: Provided further, That, notwithstanding any other provision of law, the Secretary of Commerce

may provide financial assistance for projects to be located on military installations closed or scheduled for closure or realignment

to grantees eligible for assistance under the Public Works and

Economic Development Act of 1965, as amended, without it being

required that the grantee have title or ability to obtain a lease

for the property, for the useful life of the project, when in the

opinion of the Secretary of Commerce, such financial assistance

is necessary for the economic development of the area: Provided

further, That the Secretary of Commerce may, as the Secretary

considers appropriate, consult with the Secretary of Defense regarding the title to land on military installations closed or scheduled

for closure or realignment.

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $20,000,000:

Provided, That these funds may be used to monitor projects

approved pursuant to title I of the Public Works Employment

Act of 1976, as amended, title II of the Trade Act of 1974, as

amended, and the Community Emergency Drought Relief Act of

1977.
H. R. 2076—27

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in

fostering, promoting, and developing minority business enterprise,

including expenses of grants, contracts, and other agreements with

public or private organizations, $32,000,000.

UNITED STATES TRAVEL AND TOURISM ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the United States Travel and Tourism Administration, $2,000,000, to remain available until December

31, 1995: Provided, That none of the funds appropriated by this

paragraph shall be available to carry out the provisions of section

203(a) of the International Travel Act of 1961, as amended.

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic

and statistical analysis programs of the Department of Commerce,

$45,900,000, to remain available until September 30, 1997.

ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND

The Secretary of Commerce is authorized to disseminate economic and statistical data products as authorized by 15 U.S.C.

1525–1527 and, notwithstanding 15 U.S.C. 4912, charge fees necessary to recover the full costs incurred in their production. Notwithstanding 31 U.S.C. 3302, receipts received from these data dissemination activities shall be credited to this account, to be available

for carrying out these purposes without further appropriation.

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing,

preparing, and publishing statistics, provided for by law,

$133,812,000.

PERIODIC CENSUSES AND PROGRAMS

For expenses necessary to collect and publish statistics for

periodic censuses and programs provided for by law, $150,300,000,

to remain available until expended.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

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

Telecommunications and Information Administration, $17,000,000,
H. R. 2076—28

to remain available until expended: Provided, That notwithstanding

31 U.S.C. 1535(d), the Secretary of Commerce is authorized to

retain and use as offsetting collections all funds transferred, or

previously transferred, from other Government agencies for spectrum management, analysis, and operations and for all costs

incurred in telecommunications research, engineering, and related

activities by the Institute for Telecommunication Sciences of the

NTIA in furtherance of its assigned functions under this paragraph

and such funds received from other Government agencies shall

remain available until expended.

PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION

For grants authorized by section 392 of the Communications

Act of 1934, as amended, $15,500,000, to remain available until

expended as authorized by section 391 of the Act, as amended:

Provided, That not to exceed $2,200,000 shall be available for

program administration as authorized by section 391 of the Act:

Provided further, That notwithstanding the provisions of section

391 of the Act, the prior year unobligated balances may be made

available for grants for projects for which applications have been

submitted and approved during any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications

Act of 1934, as amended, $21,500,000, to remain available until

expended as authorized by section 391 of the Act, as amended:

Provided, That not to exceed $3,000,000 shall be available for

program administration and other support activities as authorized

by section 391 of the Act including support of the Advisory Council

on National Information Infrastructure: Provided further, That of

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

available for telecommunications research activities for projects

related directly to the development of a national information infrastructure: Provided further, That notwithstanding the requirements

of section 392(a) and 392(c) of the Act, these funds may be used

for the planning and construction of telecommunications networks

for the provision of educational, cultural, health care, public

information, public safety or other social services.

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Patent and Trademark Office

provided for by law, including defense of suits instituted against

the Commissioner of Patents and Trademarks; $82,324,000, to

remain available until expended: Provided, That the funds made

available under this heading are to be derived from deposits in

the Patent and Trademark Office Fee Surcharge Fund as authorized

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

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

shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41

and 376, shall remain available until expended.
H. R. 2076—29

SCIENCE AND TECHNOLOGY

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards

and Technology, $259,000,000, to remain available until expended,

of which not to exceed $8,500,000 may be transferred to the ‘‘Working Capital Fund’’.

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology,

$80,000,000, to remain available until expended, of which not to

exceed $500,000 may be transferred to the ‘‘Working Capital Fund’’:

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

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

out additional program competitions under the Advanced Technology Program: Provided further, That any unobligated balances

available from carryover of prior year appropriations under the

Advanced Technology Program may be used only for the purposes

of providing continuation grants.

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation of existing facilities, not otherwise provided for the National Institute of Standards

and Technology, as authorized by 15 U.S.C. 278c–278e, $60,000,000,

to remain available until expended.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the

National Oceanic and Atmospheric Administration, including

acquisition, maintenance, operation, and hire of aircraft; not to

exceed 358 commissioned officers on the active list; grants, contracts, or other payments to nonprofit organizations for the purposes

of conducting activities pursuant to cooperative agreements; and

alteration, modernization, and relocation of facilities as authorized

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

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

consistent with other existing law, fees shall be assessed, collected,

and credited to this appropriation as offsetting collections to be

available until expended, to recover the costs of administering aeronautical charting programs: Provided further, That the sum herein

appropriated from the general fund shall be reduced as such additional fees are received during fiscal year 1996, so as to result

in a final general fund appropriation estimated at not more than

$1,792,677,000: Provided further, That any such additional fees

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

available for obligation until October 1, 1996: Provided further,

That fees and donations received by the National Ocean Service
H. R. 2076—30

for the management of the national marine sanctuaries may be

retained and used for the salaries and expenses associated with

those activities, notwithstanding 31 U.S.C. 3302: Provided further,

That in addition, $63,000,000 shall be derived by transfer from

the fund entitled ‘‘Promote and Develop Fishery Products and

Research Pertaining to American Fisheries’’: Provided further, That

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

Zone Management Act, as amended, shall not exceed $2,000,000.

COASTAL ZONE MANAGEMENT FUND

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

$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16

U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).

CONSTRUCTION

For repair and modification of, and additions to, existing facilities and construction of new facilities, and for facility planning

and design and land acquisition not otherwise provided for the

National Oceanic and Atmospheric Administration, $50,000,000,

to remain available until expended.

FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION

For expenses necessary for the repair, acquisition, leasing, or

conversion of vessels, including related equipment to maintain and

modernize the existing fleet and to continue planning the modernization of the fleet, for the National Oceanic and Atmospheric

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

FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND

For carrying out the provisions of section 3 of Public Law

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

until expended.

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–

372, not to exceed $999,000, to be derived from receipts collected

pursuant to that Act, to remain available until expended.

FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Atlan- tic Tunas Convention Act of 1975, as amended (Public Law 96–

339), the Magnuson Fishery Conservation and Management Act

of 1976, as amended (Public Law 100–627) and the American Fisheries Promotion Act (Public Law 96–561), there are appropriated

from the fees imposed under the foreign fishery observer program

authorized by these Acts, not to exceed $196,000, to remain available until expended.

FISHING VESSEL OBLIGATIONS GUARANTEES

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

Reform Act of 1990, of guaranteed loans authorized by the Merchant

Marine Act of 1936, as amended, $250,000: Provided, That none
H. R. 2076—31

of the funds made available under this heading may be used to

guarantee loans for any new fishing vessel that will increase the

harvesting capacity in any United States fishery.

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY

POLICY

SALARIES AND EXPENSES

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

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the general administration of the Department of Commerce provided for by law, including not to

exceed $3,000 for official entertainment, $29,100,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978,

as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–

504), $19,849,000.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

CONSTRUCTION OF RESEARCH FACILITIES

(RESCISSION)

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

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 201. During the current fiscal year, applicable appropria- tions and funds made available to the Department of Commerce

by this Act shall be available for the activities specified in the

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in

the manner prescribed by the Act, and, notwithstanding 31 U.S.C.

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

that such payments are in the public interest.

SEC. 202. During the current fiscal year, appropriations made

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343 and 1344; services as authorized

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized

by law (5 U.S.C. 5901–5902).

SEC. 203. None of the funds made available by this Act may

be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force

or the United States Air Force Reserve.

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

Act, or hereinafter made available to the Department of Commerce
H. R. 2076—32

shall be available to reimburse the Unemployment Trust Fund

or any other fund or account of the Treasury to pay for any expenses

paid before October 1, 1992, as authorized by section 8501 of title

5, United States Code, for services performed after April 20, 1990,

by individuals appointed to temporary positions within the Bureau

of the Census for purposes relating to the 1990 decennial census

of population.

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

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

SEC. 206. (a) Should legislation be enacted to dismantle or

reorganize the Department of Commerce, the Secretary of Commerce, no later than 90 days thereafter, shall submit to the Committees on Appropriations of the House and the Senate a plan for

transferring funds provided in this Act to the appropriate successor

organizations: Provided, That the plan shall include a proposal

for transferring or rescinding funds appropriated herein for agencies

or programs terminated under such legislation: Provided further,

That such plan shall be transmitted in accordance with section

605 of this Act.

(b) The Secretary of Commerce or the appropriate head of

any successor organization(s) may use any available funds to carry

out legislation dismantling or reorganizing the Department of Commerce to cover the costs of actions relating to the abolishment,

reorganization or transfer of functions and any related personnel

action, including voluntary separation incentives if authorized by

such legislation: Provided, That the authority to transfer funds

between appropriations accounts that may be necessary to carry

out this section is provided in addition to authorities included

under section 205 of this Act: Provided further, That use of funds

to carry out this section shall be treated as a reprogramming

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

for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 207. None of the funds appropriated under this Act or

any other law shall be used to implement subsections (a), (b),

(c), (e), (g), or (i) of section 4 of the Endangered Species Act of

1973 (16 U.S.C. 1533), until such time as legislation reauthorizing

the Act is enacted or until the end of fiscal year 1996, whichever

is earlier, except that monies appropriated under this Act may

be used to delist or reclassify species pursuant to subsections

4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.

SEC. 208. Notwithstanding any other provision of law (including

any regulation and including the Public Works and Economic Development Act of 1965), the transfer of title to the Rutland City

Industrial Complex to Hilinex, Vermont (as related to Economic

Development Administration Project Number 01–11–01742) shall

not require compensation to the Federal Government for the fair

share of the Federal Government of that real property.
H. R. 2076—33

SEC. 209. (a) IN GENERAL.—The Secretary of Commerce, acting

through the Assistant Secretary for Economic Development of the

Department of Commerce, shall—

(1) not later than January 1, 1996, commence the demolition of the structures on, and the cleanup and environmental

remediation on, the parcel of land described in subsection (b);

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

cleanup, and environmental remediation under paragraph (1);

and

(3) not later than April 1, 1996, convey the parcel of land

described in subsection (b), in accordance with the requirements

of section 120(h) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9620(h)), to the Tuscaloosa County Industrial Development

Authority, on receipt of payment of the fair market value for

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

and the Authority.

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

(a) is the parcel of land consisting of approximately 41 acres in

Holt, Alabama (in Tuscaloosa County), that is generally known

as the ‘‘Central Foundry Property’’, as depicted on a map, and

as described in a legal description, that the Secretary, acting

through the Assistant Secretary for Economic Development, determines to be satisfactory.

SEC. 210. Any costs incurred by a Department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

This title may be cited as the ‘‘Department of Commerce and

Related Agencies Appropriations Act, 1996’’.

TITLE III—THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

as required by law, excluding care of the building and grounds,

including purchase or hire, driving, maintenance and operation

of an automobile for the Chief Justice, not to exceed $10,000 for

the purpose of transporting Associate Justices, and hire of passenger

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

to exceed $10,000 for official reception and representation expenses;

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

may approve, $25,834,000.
H. R. 2076—34

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b),

$3,313,000, of which $500,000 shall remain available until

expended.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

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

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

by law, $14,288,000.

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

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

the officers and employees of the court, services as authorized

by 5 U.S.C. 3109, and necessary expenses of the court, as authorized

by law, $10,859,000.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges

of the territorial courts of the United States), justices and judges

retired from office or from regular active service, judges of the

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal

Judiciary not otherwise specifically provided for, and necessary

expenses of the courts, as authorized by law, $2,433,141,000 (including the purchase of firearms and ammunition); of which not to

exceed $13,454,000 shall remain available until expended for space

alteration projects; of which not to exceed $10,000,000 shall remain

available until expended for furniture and furnishings related to

new space alteration and construction projects; and of which

$500,000 is to remain available until expended for acquisition of

books, periodicals, and newspapers, and all other legal reference

materials, including subscriptions.

In addition, for expenses of the United States Court of Federal

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $2,318,000, to be

appropriated from the Vaccine Injury Compensation Trust Fund.

VIOLENT CRIME REDUCTION PROGRAMS

For activities of the Federal Judiciary as authorized by law,

$30,000,000, to remain available until expended, which shall be

derived from the Violent Crime Reduction Trust Fund, as authorized

by section 190001(a) of Public Law 103–322.
H. R. 2076—35

DEFENDER SERVICES

For the operation of Federal Public Defender and Community Defender organizations, the compensation and reimbursement of

expenses of attorneys appointed to represent persons under the

Criminal Justice Act of 1964, as amended, the compensation and

reimbursement of expenses of persons furnishing investigative,

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

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

Act maximums) and reimbursement of expenses of attorneys

appointed to assist the court in criminal cases where the defendant

has waived representation by counsel, the compensation and

reimbursement of travel expenses of guardians ad litem acting

on behalf of financially eligible minor or incompetent offenders

in connection with transfers from the United States to foreign

countries with which the United States has a treaty for the execution of penal sentences, and the compensation of attorneys

appointed to represent jurors in civil actions for the protection

of their employment, as authorized by 28 U.S.C. 1875(d),

$267,217,000, to remain available until expended as authorized

by 18 U.S.C. 3006A(i): Provided, That none of the funds provided

in this Act shall be available for Death Penalty Resource Centers

or Post-Conviction Defender Organizations after April 1, 1996.

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized

by 28 U.S.C. 1863; and compensation of commissioners appointed

in condemnation cases pursuant to rule 71A(h) of the Federal

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h));

$59,028,000, to remain available until expended: Provided, That

the compensation of land commissioners shall not exceed the daily

equivalent of the highest rate payable under section 5332 of title

5, United States Code.

COURT SECURITY

For necessary expenses, not otherwise provided for, incident

to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control,

inspection of packages, directed security patrols, and other similar

activities as authorized by section 1010 of the Judicial Improvement

and Access to Justice Act (Public Law 100–702); $102,000,000,

to be expended directly or transferred to the United States Marshals

Service which shall be responsible for administering elements of

the Judicial Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of

the United States Courts and the Attorney General.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the

United States Courts as authorized by law, including travel as

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle

as authorized by 31 U.S.C. 1343(b), advertising and rent in the
H. R. 2076—36

District of Columbia and elsewhere, $47,500,000, of which not to

exceed $7,500 is authorized for official reception and representation

expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $17,914,000; of which $1,800,000

shall remain available through September 30, 1997, to provide

education and training to Federal court personnel; and of which

not to exceed $1,000 is authorized for official reception and representation expenses.

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000,

and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $1,900,000.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $8,500,000,

of which not to exceed $1,000 is authorized for official reception

and representation expenses.

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

for services as authorized by 5 U.S.C. 3109.

Sec. 302. Appropriations made in this title shall be available

for salaries and expenses of the Special Court established under

the Regional Rail Reorganization Act of 1973, Public Law 93–

236.

Sec. 303. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Judiciary in this Act

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and other

Judicial Services, Defender Services’’, shall be increased by more

than 10 percent by any such transfers: Provided, That any transfer

pursuant to this section shall be treated as a reprogramming of

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

for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 304. Notwithstanding any other provision of law, the

salaries and expenses appropriation for district courts, courts of

appeals, and other judicial services shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $10,000 and shall be administered by the Director of
H. R. 2076—37

the Administrative Office of the United States Courts in his capacity

as Secretary of the Judicial Conference.

SEC. 305. Section 333 of title 28, United States Code, is

amended—

(1) in the first paragraph by striking ‘‘shall’’ the first, second, and fourth place it appears and inserting ‘‘may’’; and (2) in the second paragraph— (A) by striking ‘‘shall’’ the first place it appears and inserting ‘‘may’’; and (B) by striking ‘‘, and unless excused by the chief judge, shall remain throughout the conference’’. This title may be cited as ‘‘The Judiciary Appropriations Act,

1996’’.

TITLE IV—DEPARTMENT OF STATE AND RELATED

AGENCIES

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including expenses

authorized by the State Department Basic Authorities Act of 1956,

as amended; representation to certain international organizations

in which the United States participates pursuant to treaties, ratified

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

of Congress; acquisition by exchange or purchase of passenger motor

vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and

22 U.S.C. 2674; and for expenses of general administration,

$1,708,800,000: Provided, That notwithstanding section 140(a)(5), and the second sentence of section 140(a)(3) of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–

236), not to exceed $125,000,000 of fees may be collected during

fiscal year 1996 under the authority of section 140(a)(1) of that

Act: Provided further, That all fees collected under the preceding

proviso shall be deposited in fiscal year 1996 as an offsetting

collection to appropriations made under this heading to recover

the costs of providing consular services and shall remain available

until expended: Provided further, That the preceding two provisos

shall remain in effect through April 1, 1996: Provided further,

That starting in fiscal year 1997, a system shall be in place that

allocates to each department and agency the full cost of its presence

outside of the United States.

Of the funds provided under this heading, $24,856,000 shall

be available only for the Diplomatic Telecommunications Service

for operation of existing base services and not to exceed $17,144,000

shall be available only for the enhancement of the Diplomatic

Telecommunications Service and shall remain available until

expended. Of the latter amount, $9,600,000 shall not be made

available until expiration of the 15 day period beginning on the

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

Telecommunications Service submit the pilot program report

required by section 507 of Public Law 103–317.

In addition, not to exceed $700,000 in registration fees collected

pursuant to section 38 of the Arms Export Control Act, as amended,
H. R. 2076—38

may be used in accordance with section 45 of the State Department

Basic Authorities Act of 1956, 22 U.S.C. 2717; and in addition

not to exceed $1,223,000 shall be derived from fees from other

executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International

Center Act (Public Law 90–553, as amended by section 120 of

Public Law 101–246); and in addition not to exceed $15,000 which

shall be derived from reimbursements, surcharges, and fees for

use of Blair House facilities in accordance with section 46 of the

State of Department Basic Authorities Act of 1956 (22 U.S.C.

2718(a)).

Notwithstanding section 402 of this Act, not to exceed 20 percent of the amounts made available in this Act in the appropriation

accounts, ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and

Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’

may be transferred between such appropriation accounts: Provided,

That any transfer pursuant to this section shall be treated as

a reprogramming of funds under section 605 of this Act and shall

not be available for obligation or expenditure except in compliance

with the procedures set forth in that section.

For an additional amount for security enhancements to counter

the threat of terrorism, $9,720,000, to remain available until

expended.

SALARIES AND EXPENSES

For expenses necessary for the general administration of the

Department of State and the Foreign Service, provided for by law,

including expenses authorized by section 9 of the Act of August

31, 1964, as amended (31 U.S.C. 3721), and the State Department

Basic Authorities Act of 1956, as amended, $363,276,000.

For an additional amount for security enhancements to counter

the threat of terrorism, $1,870,000, to remain available until

expended.

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,

$16,400,000, to remain available until expended, as authorized in

Public Law 103–236: Provided, That section 135(e) of Public Law

103–236 shall not apply to funds appropriated under this heading.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended (5 U.S.C. App.), $27,369,000, notwithstanding section

209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465),

as it relates to post inspections: Provided, That notwithstanding

any other provision of law, (1) the Office of the Inspector General

of the United States Information Agency is hereby merged with

the Office of the Inspector General of the Department of State;

(2) the functions exercised and assigned to the Office of the Inspector

General of the United States Information Agency before the effective

date of this Act (including all related functions) are transferred

to the Office of the Inspector General of the Department of State;

and (3) the Inspector General of the Department of State shall
H. R. 2076—39

also serve as the Inspector General of the United States Information

Agency.

REPRESENTATION ALLOWANCES

For representation allowances as authorized by section 905

of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),

$4,500,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary

of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,

$8,579,000.

SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

For necessary expenses for carrying out the Foreign Service

Buildings Act of 1926, as amended (22 U.S.C. 292–300), and the

Diplomatic Security Construction Program as authorized by title

IV of the Omnibus Diplomatic Security and Antiterrorism Act of

1986 (22 U.S.C. 4851), $385,760,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c): Provided, That none

of the funds appropriated in this paragraph shall be available

for acquisition of furniture and furnishings and generators for other

departments and agencies.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e),

$6,000,000, to remain available until expended as authorized by

22 U.S.C. 2696(c), of which not to exceed $1,000,000 may be transferred to and merged with the Repatriation Loans Program Account,

subject to the same terms and conditions.

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $593,000, as authorized by 22

U.S.C. 2671: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses

necessary to carry out the direct loan program, $183,000 which

may be transferred to and merged with the Salaries and Expenses

account under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act,

Public Law 96–8 (93 Stat. 14), $15,165,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability

Fund, as authorized by law, $125,402,000.
H. R. 2076—40

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$700,000,000: Provided, That any payment of arrearages shall be

directed toward special activities that are mutually agreed upon

by the United States and the respective international organization:

Provided further, That 20 percent of the funds appropriated in

this paragraph for the assessed contribution of the United States

to the United Nations shall be withheld from obligation and

expenditure until a certification is made under section 401(b) of

Public Law 103–236 for fiscal year 1996: Provided further, That

certification under section 401(b) of Public Law 103–236 for fiscal

year 1996 may only be made if the Committees on Appropriations

and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives are notified of the steps taken, and anticipated, to meet

the requirements of section 401(b) of Public Law 103–236 at least

15 days in advance of the proposed certification: Provided further,

That none of the funds appropriated in this paragraph shall be

available for a United States contribution to an international

organization for the United States share of interest costs made

known to the United States Government by such organization for

loans incurred on or after October 1, 1984, through external borrowings.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $225,000,000:

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

may be used, and shall not be available, for obligation or expenditure for any new or expanded United Nations peacekeeping mission

unless, at least fifteen days in advance of voting for the new

or expanded mission in the United Nations Security Council (or

in an emergency, as far in advance as is practicable), (1) the

Committees on Appropriations of the House of Representatives and

the Senate and other appropriate Committees of the Congress are

notified of the estimated cost and length of the mission, the vital

national interest that will be served, and the planned exit strategy;

and (2) a reprogramming of funds pursuant to section 605 of this

Act is submitted, and the procedures therein followed, setting forth

the source of funds that will be used to pay for the cost of the

new or expanded mission: Provided further, That funds shall be

available for peacekeeping expenses only upon a certification by

the Secretary of State to the appropriate committees of the Congress

that American manufacturers and suppliers are being given

opportunities to provide equipment, services and material for United

Nations peacekeeping activities equal to those being given to foreign

manufacturers and suppliers.
H. R. 2076—41

INTERNATIONAL CONFERENCES AND CONTINGENCIES

For necessary expenses authorized by section 5 of the State

Department Basic Authorities Act of 1956, in addition to funds

otherwise available for these purposes, contributions for the United

States share of general expenses of international organizations and

conferences and representation to such organizations and conferences as provided for by 22 U.S.C. 2656 and 2672 and personal

services without regard to civil service and classification laws as

authorized by 5 U.S.C. 5102, $3,000,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c), of which not to exceed

$200,000 may be expended for representation as authorized by

22 U.S.C. 4085.

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,

$12,058,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized

projects, $6,644,000, to remain available until expended as authorized by 22 U.S.C. 2696(c).

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary

Commission, United States and Canada, as authorized by treaties

between the United States and Canada or Great Britain, and for

the Border Environment Cooperation Commission as authorized

by Public Law 103–182; $5,800,000, of which not to exceed $9,000

shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,

not otherwise provided for, as authorized by law, $14,669,000: Provided, That the United States share of such expenses may be

advanced to the respective commissions, pursuant to 31 U.S.C.

3324.
H. R. 2076—42

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by section

501 of Public Law 101–246, $5,000,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c).

RELATED AGENCIES

ARMS CONTROL AND DISARMAMENT AGENCY

ARMS CONTROL AND DISARMAMENT ACTIVITIES

For necessary expenses not otherwise provided, for arms control, nonproliferation, and disarmament activities, $35,700,000, of

which not to exceed $50,000 shall be for official reception and

representation expenses as authorized by the Act of September

26, 1961, as amended (22 U.S.C. 2551 et seq.).

UNITED STATES INFORMATION AGENCY

SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary to enable

the United States Information Agency, as authorized by the Mutual

Educational and Cultural Exchange Act of 1961, as amended (22

U.S.C. 2451 et seq.), the United States Information and Educational

Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and

Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out

international communication, educational and cultural activities;

and to carry out related activities authorized by law, including

employment, without regard to civil service and classification laws,

of persons on a temporary basis (not to exceed $700,000 of this

appropriation), as authorized by 22 U.S.C. 1471, and entertainment,

including official receptions, within the United States, not to exceed

$25,000 as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided,

That not to exceed $1,400,000 may be used for representation

abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further,

That not to exceed $7,615,000 to remain available until expended,

may be credited to this appropriation from fees or other payments

received from or in connection with English teaching, library, motion

pictures, and publication programs as authorized by section 810

of the United States Information and Educational Exchange Act

of 1948, as amended: Provided further, That not to exceed

$1,700,000 to remain available until expended may be used to

carry out projects involving security construction and related

improvements for agency facilities not physically located together

with Department of State facilities abroad.

TECHNOLOGY FUND

For expenses necessary to enable the United States Information

Agency to provide for the procurement of information technology

improvements, as authorized by the United States Information and

Educational Exchange Act of 1948, as amended (22 U.S.C. 1431

et seq.), the Mutual Educational and Cultural Exchange Act of

1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
H. R. 2076—43

Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available

until expended.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,

as authorized by the Mutual Educational and Cultural Exchange

Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $200,000,000, to remain

available until expended as authorized by 22 U.S.C. 2455.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

For necessary expenses of Eisenhower Exchange Fellowships,

Incorporated, as authorized by sections 4 and 5 of the Eisenhower

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–05), all interest

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 1996, to remain

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes

which are not in accordance with OMB Circulars A–110 (Uniform

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation

for personal services.

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program

as authorized by section 214 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest

and earnings accruing to the Israeli Arab Scholarship Fund on

or before September 30, 1996, to remain available until expended.

AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

For necessary expenses of American Studies Collections as

authorized by section 235 of the Foreign Relations Authorization

Act, Fiscal Years 1994 and 1995, all interest and earnings accruing

to the American Studies Collections Endowment Fund on or before

September 30, 1996, to remain available until expended.

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the United States Information

Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States

International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, to carry out international communication activities; $325,191,000, of which $5,000,000 shall remain available until expended, not to exceed $16,000 may be used for official

receptions within the United States as authorized by 22 U.S.C.

1474(3), not to exceed $35,000 may be used for representation

abroad as authorized by 22 U.S.C. 1452 and 4085, and not to

exceed $39,000 may be used for official reception and representation

expenses of Radio Free Europe/Radio Liberty; and in addition, not

to exceed $250,000 from fees as authorized by section 810 of the

United States Information and Educational Exchange Act of 1948,
H. R. 2076—44

as amended, to remain available until expended for carrying out

authorized purposes; and in addition, notwithstanding any other

provision of law, not to exceed $1,000,000 in monies received (including receipts from advertising, if any) by or for the use of the

United States Information Agency from or in connection with broadcasting resources owned by or on behalf of the Agency, to be

available until expended for carrying out authorized purposes.

BROADCASTING TO CUBA

For expenses necessary to enable the United States Information

Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International

Broadcasting Act of 1994, including the purchase, rent, construction,

and improvement of facilities for radio and television transmission

and reception, and purchase and installation of necessary equipment

for radio and television transmission and reception, $24,809,000

to remain available until expended: Provided, That not later than

April 1, 1996, the headquarters of the Office of Cuba Broadcasting

shall be relocated from Washington, D.C. to south Florida, and

that any funds available under the headings ‘‘International Broadcasting Operations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construction’’ may be available to carry out this relocation.

RADIO CONSTRUCTION

For an additional amount for the purchase, rent, construction,

and improvement of facilities for radio transmission and reception

and purchase and installation of necessary equipment for radio

and television transmission and reception as authorized by 22

U.S.C. 1471, $40,000,000, to remain available until expended as

authorized by 22 U.S.C. 1477b(a).

EAST-WEST CENTER

To enable the Director of the United States Information Agency

to provide for carrying out the provisions of the Center for Cultural

and Technical Interchange Between East and West Act of 1960

(22 U.S.C. 2054–2057), by grant to the Center for Cultural and

Technical Interchange Between East and West in the State of

Hawaii, $11,750,000: Provided, That none of the funds appropriated

herein shall be used to pay any salary, or enter into any contract

providing for the payment thereof, in excess of the rate authorized

by 5 U.S.C. 5376.

NORTH/SOUTH CENTER

To enable the Director of the United States Information Agency

to provide for carrying out the provisions of the North/South Center

Act of 1991 (22 U.S.C. 2075), by grant to an educational institution

in Florida known as the North/South Center, $2,000,000, to remain

available until expended.

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the United States Information Agency

to the National Endowment for Democracy as authorized by the

National Endowment for Democracy Act, $30,000,000, to remain

available until expended.
H. R. 2076—45

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCIES

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of 5 U.S.C.; for services as authorized

by 5 U.S.C. 3109; and hire of passenger transportation pursuant

to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the United States Information Agency in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 403. Funds appropriated or otherwise made available

under this Act or any other Act may be expended for compensation

of the United States Commissioner of the International Boundary

Commission, United States and Canada, only for actual hours

worked by such Commissioner.

SEC. 404. (a) No later than 90 days after enactment of legislation consolidating, reorganizing or downsizing the functions of the

Department of State, the United States Information Agency, and

the Arms Control and Disarmament Agency, the Secretary of State,

the Director of the United States Information Agency and the

Director of the Arms Control and Disarmament Agency shall submit

to the Committees on Appropriations of the House and the Senate

a proposal for transferring or rescinding funds appropriated herein

for functions that are consolidated, reorganized or downsized under

such legislation: Provided, That such plan shall be transmitted

in accordance with section 605 of this Act.

(b) The Secretary of State, the Director of the United States

Information Agency, and the Director of the Arms Control and

Disarmament Agency, as appropriate, may use any available funds

to cover the costs of actions to consolidate, reorganize or downsize

the functions under their authority required by such legislation,

and of any related personnel action, including voluntary separation

incentives if authorized by such legislation: Provided, That the

authority to transfer funds between appropriations accounts that

may be necessary to carry out this section is provided in addition

to authorities included under section 402 of this Act: Provided

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

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

shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 405. (a) Funds appropriated by this Act for the United

States Information Agency, the Arms Control and Disarmament

Agency, and the Department of State may be obligated and

expended notwithstanding section 701 of the United States Informa-
H. R. 2076—46

tion and Educational Exchange Act of 1948 and section 313 of

the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995, section 53 of the Arms Control and Disarmament Act, and

section 15 of the State Department Basic Authorities Act of 1956.

(b) Subsection (a) shall cease to be in effect after April 1,

1996.

SEC. 406. Section 36(a)(1) of the State Department Authorities

Act of 1956, as amended (22 U.S.C. 2708), is amended to delete

‘‘may pay a reward’’ and insert in lieu thereof ‘‘shall establish

and publicize a program under which rewards may be paid’’.

SEC. 407. Section 8 of the Eisenhower Exchange Fellowship

Act of 1990 is amended in the last sentence by striking ‘‘fiscal

year 1995’’ and inserting ‘‘fiscal year 1999’’.

SEC. 408. Sections 6(a) and 6(b) of Public Law 101–454 are

repealed.

SEC. 409. It is the sense of the Senate that none of the funds

appropriated or otherwise made available pursuant to this Act

should be used for the deployment of combat-equipped forces of

the Armed Forces of the United States for any ground operations

in Bosnia and Herzegovina unless—

(1) Congress approves in advance the deployment of such

forces of the Armed Forces; or

(2) the temporary deployment of such forces of the Armed

Forces of the United States into Bosnia and Herzegovina is

necessary to evacuate United Nations peacekeeping forces from

a situation of imminent danger, to undertake emergency air

rescue operations, or to provide for the airborne delivery of

humanitarian supplies, and the President reports as soon as

practicable to Congress after the initiation of the temporary

deployment, but in no case later than 48 hours after the initiation of the deployment.

SEC. 410. Any costs incurred by a Department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

This title may be cited as the ‘‘Department of State and Related

Agencies Appropriations Act, 1996’’.
H. R. 2076—47

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARTIME ADMINISTRATION

OPERATING-DIFFERENTIAL SUBSIDIES

(LIQUIDATION OF CONTRACT AUTHORITY)

For the payment of obligations incurred for operating-differen- tial subsidies as authorized by the Merchant Marine Act, 1936,

as amended, $162,610,000, to remain available until expended.

MARITIME NATIONAL SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United

States as determined by the Secretary of Defense in consultation

with the Secretary of Transportation, $46,000,000, to remain available until expended: Provided, That these funds will be available

only upon enactment of an authorization for this program.

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $66,600,000, to remain available until expended:

Provided, That notwithstanding any other provision of law, the Secretary of Transportation may use proceeds derived from the

sale or disposal of National Defense Reserve Fleet vessels that

are currently collected and retained by the Maritime Administration, to be used for facility and ship maintenance, modernization

and repair, conversion, acquisition of equipment, and fuel costs

necessary to maintain training at the United States Merchant

Marine Academy and State maritime academies and may be transferred to the Secretary of the Interior for use as provided in the

National Maritime Heritage Act (Public Law 103–451): Provided

further, That reimbursements may be made to this appropriation

from receipts to the ‘‘Federal Ship Financing Fund’’ for administrative expenses in support of that program in addition to any amount

heretofore appropriated.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by the Merchant

Marine Act of 1936, $40,000,000, to remain available until

expended: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $1,000,000,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, not to exceed $3,500,000, which shall

be transferred to and merged with the appropriation for Operations

and Training.

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Notwithstanding any other provision of this Act, the Maritime

Administration is authorized to furnish utilities and services and
H. R. 2076—48

make necessary repairs in connection with any lease, contract,

or occupancy involving Government property under control of the

Maritime Administration, and payments received therefor shall be

credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or

occupancy for items other than such utilities, services, or repairs

shall be covered into the Treasury as miscellaneous receipts.

No obligations shall be incurred during the current fiscal year

from the construction fund established by the Merchant Marine

Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and

all receipts which otherwise would be deposited to the credit of

said fund shall be covered into the Treasury as miscellaneous

receipts.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $206,000, as authorized by Public Law 99–

83, section 1303.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,

including hire of passenger motor vehicles, $8,750,000: Provided,

That not to exceed $50,000 may be used to employ consultants:

Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals

under Schedule C of the Excepted Service exclusive of one special

assistant for each Commissioner: Provided further, That none of

the funds appropriated in this paragraph shall be used to reimburse

Commissioners for more than 75 billable days, with the exception

of the Chairperson who is permitted 125 billable days.

COMMISSION ON IMMIGRATION REFORM

SALARIES AND EXPENSES

For necessary expenses of the Commission on Immigration

Reform pursuant to section 141(f) of the Immigration Act of 1990,

$1,894,000, to remain available until expended.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and

Cooperation in Europe, as authorized by Public Law 94–304,

$1,090,000, to remain available until expended as authorized by

section 3 of Public Law 99–7.
H. R. 2076—49

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity

Commission as authorized by title VII of the Civil Rights Act

of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans

with Disabilities Act of 1990 and the Civil Rights Act of 1991,

including services as authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary

awards to private citizens; not to exceed $26,500,000, for payments

to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, as

amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the

Civil Rights Act of 1991; $233,000,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–02; not to exceed

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed

$4,000 for official reception and representation expenses; purchase

(not to exceed sixteen) and hire of motor vehicles; special counsel

fees; and services as authorized by 5 U.S.C. 3109; $175,709,000,

of which not to exceed $300,000 shall remain available until September 30, 1997, for research and policy studies: Provided, That

$116,400,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, as amended, and shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated shall

be reduced as such offsetting collections are received during fiscal

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

estimated at $59,309,000: Provided further, That any offsetting

collections received in excess of $116,400,000 in fiscal year 1996

shall remain available until expended, but shall not be available

for obligation until October 1, 1996.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act of

1936, as amended (46 App. U.S.C. 1111), including services as

authorized by 5 U.S.C. 3109; hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343(b); and uniforms or allowances

therefor, as authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,

That not to exceed $2,000 shall be available for official reception

and representation expenses.
H. R. 2076—50

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception

and representation expenses; $79,568,000: Provided, That not to

exceed $300,000 shall be available for use to contract with a person

or persons for collection services in accordance with the terms

of 31 U.S.C. 3718, as amended: Provided further, That notwithstanding any other provision of law, not to exceed $48,262,000 of offsetting collections derived from fees collected for premerger notification

filings under the Hart-Scott-Rodino Antitrust Improvements Act

of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated from

the General Fund shall be reduced as such offsetting collections

are received during fiscal year 1996, so as to result in a final

fiscal year 1996 appropriation from the General Fund estimated

at not more than $31,306,000, to remain available until expended:

Provided further, That any fees received in excess of $48,262,000 in fiscal year 1996 shall remain available until expended, but shall

not be available for obligation until October 1, 1996: Provided

further, That none of the funds made available to the Federal

Trade Commission shall be available for obligation for expenses

authorized by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102–242, 105 Stat.

2282–2285).

JAPAN-UNITED STATES FRIENDSHIP COMMISSION

JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

For expenses of the Japan-United States Friendship Commission, as authorized by Public Law 94–118, as amended, from the

interest earned on the Japan-United States Friendship Trust Fund,

$1,247,000; and an amount of Japanese currency not to exceed

the equivalent of $1,420,000 based on exchange rates at the time

of payment of such amounts as authorized by Public Law 94–

118.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as

amended, $278,000,000, of which $265,000,000 is for basic field

programs; $7,000,000 is for the Office of the Inspector General,

of which $5,500,000 shall remain available until expended and

be used to contract with independent public accountants for financial audits of all recipients in accordance with the requirements

of section 509 of this Act; and $6,000,000 is for management and

administration: Provided, That $198,750,000 of the total amount

provided under this heading for basic field programs shall not

be available except for the competitive award of grants and contracts

under section 503 of this Act.
H. R. 2076—51

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION

SEC. 501. (a) Funds appropriated under this Act to the Legal

Services Corporation for basic field programs shall be distributed

as follows:

(1) The Corporation shall define geographic areas and make

the funds available for each geographic area on a per capita

basis relative to the number of individuals in poverty determined by the Bureau of the Census to be within the geographic

area, except as provided in paragraph (2)(B). Funds for such

a geographic area may be distributed by the Corporation to

1 or more persons or entities eligible for funding under section

1006(a)(1)(A) of the Legal Services Corporation Act (42 U.S.C.

2996e(a)(1)(A)), subject to sections 502 and 504.

(2) Funds for grants from the Corporation, and contracts

entered into by the Corporation for basic field programs, shall

be allocated so as to provide—

(A) except as provided in subparagraph (B), an equal

figure per individual in poverty for all geographic areas,

as determined on the basis of the most recent decennial

census of population conducted pursuant to section 141

of title 13, United States Code (or, in the case of the

Republic of Palau, the Federated States of Micronesia,

the Republic of the Marshall Islands, Alaska, Hawaii, and

the United States Virgin Islands, on the basis of the

adjusted population counts historically used as the basis

for such determinations); and

(B) an additional amount for Native American communities that received assistance under the Legal Services

Corporation Act for fiscal year 1995, so that the proportion

of the funds appropriated to the Legal Services Corporation

for basic field programs for fiscal year 1996 that is received

by the Native American communities shall be not less

than the proportion of such funds appropriated for fiscal

year 1995 that was received by the Native American

communities.

(b) As used in this section:

(1) The term ‘‘individual in poverty’’ means an individual

who is a member of a family (of 1 or more members) with

an income at or below the poverty line.

(2) The term ‘‘poverty line’’ means the poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to

a family of the size involved.

SEC. 502. None of the funds appropriated in this Act to the

Legal Services Corporation shall be used by the Corporation to

make a grant, or enter into a contract, for the provision of legal

assistance unless the Corporation ensures that the person or entity

receiving funding to provide such legal assistance is—

(1) a private attorney admitted to practice in a State or

the District of Columbia;

(2) a qualified nonprofit organization, chartered under the

laws of a State or the District of Columbia, that—

(A) furnishes legal assistance to eligible clients; and
H. R. 2076—52

(B) is governed by a board of directors or other governing body, the majority of which is comprised of attorneys

who—

(i) are admitted to practice in a State or the District of Columbia; and

(ii) are appointed to terms of office on such board

or body by the governing body of a State, county,

or municipal bar association, the membership of which

represents a majority of the attorneys practicing law

in the locality in which the organization is to provide

legal assistance;

(3) a State or local government (without regard to section

1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42

U.S.C. 2996e(a)(1)(A)(ii)); or

(4) a substate regional planning or coordination agency

that serves a substate area and whose governing board is

controlled by locally elected officials.

SEC. 503. (a)(1) Not later than April 1, 1996, the Legal Services

Corporation shall implement a system of competitive awards of

grants and contracts for all basic field programs, which shall apply

to all such grants and contracts awarded by the Corporation after

March 31, 1996, from funds appropriated in this Act.

(2) Any grant or contract awarded before April 1, 1996, by

the Legal Services Corporation to a basic field program for 1996—

(A) shall not be for an amount greater than the amount

required for the period ending March 31, 1996;

(B) shall terminate at the end of such period; and

(C) shall not be renewable except in accordance with the

system implemented under paragraph (1).

(3) The amount of grants and contracts awarded before April

1, 1996, by the Legal Services Corporation for basic field programs

for 1996 in any geographic area described in section 501 shall

not exceed an amount equal to 3⁄12 of the total amount to be

distributed for such programs for 1996 in such area.

(b) Not later than 60 days after the date of enactment of

this Act, the Legal Services Corporation shall promulgate regulations to implement a competitive selection process for the recipients

of such grants and contracts.

(c) Such regulations shall specify selection criteria for the recipients, which shall include—

(1) a demonstration of a full understanding of the basic

legal needs of the eligible clients to be served and a demonstration of the capability of serving the needs;

(2) the quality, feasibility, and cost effectiveness of a plan

submitted by an applicant for the delivery of legal assistance

to the eligible clients to be served; and

(3) the experience of the Legal Services Corporation with

the applicant, if the applicant has previously received financial

assistance from the Corporation, including the record of the

applicant of past compliance with Corporation policies, practices, and restrictions.

(d) Such regulations shall ensure that timely notice regarding

an opportunity to submit an application for such an award is

published in periodicals of local and State bar associations and

in at least 1 daily newspaper of general circulation in the area

to be served by the person or entity receiving the award.
H. R. 2076—53

(e) No person or entity that was previously awarded a grant

or contract by the Legal Services Corporation for the provision

of legal assistance may be given any preference in the competitive

selection process.

(f) For the purposes of the funding provided in this Act, rights

under sections 1007(a)(9) and 1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not

apply.

SEC. 504. (a) None of the funds appropriated in this Act to

the Legal Services Corporation may be used to provide financial

assistance to any person or entity (which may be referred to in

this section as a ‘‘recipient’’)—

(1) that makes available any funds, personnel, or equipment for use in advocating or opposing any plan or proposal,

or represents any party or participates in any other way in

litigation, that is intended to or has the effect of altering,

revising, or reapportioning a legislative, judicial, or elective

district at any level of government, including influencing the

timing or manner of the taking of a census;

(2) that attempts to influence the issuance, amendment,

or revocation of any executive order, regulation, or other statement of general applicability and future effect by any Federal,

State, or local agency;

(3) that attempts to influence any part of any adjudicatory

proceeding of any Federal, State, or local agency if such part

of the proceeding is designed for the formulation or modification

of any agency policy of general applicability and future effect;

(4) that attempts to influence the passage or defeat of

any legislation, constitutional amendment, referendum, initiative, or any similar procedure of the Congress or a State or

local legislative body; (5) that attempts to influence the conduct of oversight

proceedings of the Corporation or any person or entity receiving

financial assistance provided by the Corporation; (6) that pays for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, administrative expense, or related expense, associated with

an activity prohibited in this section; (7) that initiates or participates in a class action suit;

(8) that files a complaint or otherwise initiates or participates in litigation against a defendant, or engages in a

precomplaint settlement negotiation with a prospective defendant, unless—

(A) each plaintiff has been specifically identified, by

name, in any complaint filed for purposes of such litigation

or prior to the precomplaint settlement negotiation; and

(B) a statement or statements of facts written in English and, if necessary, in a language that the plaintiffs

understand, that enumerate the particular facts known

to the plaintiffs on which the complaint is based, have

been signed by the plaintiffs, are kept on file by the recipient, and are made available to any Federal department

or agency that is auditing or monitoring the activities

of the Corporation or of the recipient, and to any auditor

or monitor receiving Federal funds to conduct such auditing

or monitoring, including any auditor or monitor of the

Corporation:
H. R. 2076—54

Provided, That upon establishment of reasonable cause that

an injunction is necessary to prevent probable, serious harm

to such potential plaintiff, a court of competent jurisdiction

may enjoin the disclosure of the identity of any potential plaintiff pending the outcome of such litigation or negotiations after

notice and an opportunity for a hearing is provided to potential

parties to the litigation or the negotiations: Provided further,

That other parties to the litigation or negotiation shall have

access to the statement of facts referred to in subparagraph

(B) only through the discovery process after litigation has

begun;

(9) unless—

(A) prior to the provision of financial assistance—

(i) if the person or entity is a nonprofit organization, the governing board of the person or entity has

set specific priorities in writing, pursuant to section

1007(a)(2)(C)(i) of the Legal Services Corporation Act

(42 U.S.C. 2996f(a)(2)(C)(i)), of the types of matters

and cases to which the staff of the nonprofit organization shall devote time and resources; and

(ii) the staff of such person or entity has signed

a written agreement not to undertake cases or matters

other than in accordance with the specific priorities

set by such governing board, except in emergency situations defined by such board and in accordance with

the written procedures of such board for such situations; and

(B) the staff of such person or entity provides to the

governing board on a quarterly basis, and to the Corporation on an annual basis, information on all cases or matters

undertaken other than cases or matters undertaken in

accordance with such priorities;

(10) unless—

(A) prior to receiving the financial assistance, such

person or entity agrees to maintain records of time spent

on each case or matter with respect to which the person

or entity is engaged;

(B) any funds, including Interest on Lawyers Trust

Account funds, received from a source other than the Corporation by the person or entity, and disbursements of

such funds, are accounted for and reported as receipts

and disbursements, respectively, separate and distinct from

Corporation funds; and

(C) the person or entity agrees (notwithstanding section

1009(d) of the Legal Services Corporation Act (42 U.S.C.

2996h(d)) to make the records described in this paragraph

available to any Federal department or agency that is

auditing or monitoring the activities of the Corporation

or of the recipient, and to any independent auditor or

monitor receiving Federal funds to conduct such auditing

or monitoring, including any auditor or monitor of the

Corporation;

(11) that provides legal assistance for or on behalf of any

alien, unless the alien is present in the United States and

is—
H. R. 2076—55

(A) an alien lawfully admitted for permanent residence

as defined in section 101(a)(20) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(20));

(B) an alien who—

(i) is married to a United States citizen or is a

parent or an unmarried child under the age of 21

years of such a citizen; and

(ii) has filed an application to adjust the status

of the alien to the status of a lawful permanent resident

under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.), which application has not been rejected;

(C) an alien who is lawfully present in the United

States pursuant to an admission under section 207 of the

Immigration and Nationality Act (8 U.S.C. 1157) (relating

to refugee admission) or who has been granted asylum

by the Attorney General under such Act;

(D) an alien who is lawfully present in the United

States as a result of withholding of deportation by the

Attorney General pursuant to section 243(h) of the

Immigration and Nationality Act (8 U.S.C. 1253(h));

(E) an alien to whom section 305 of the Immigration

Reform and Control Act of 1986 (8 U.S.C. 1101 note)

applies, but only to the extent that the legal assistance

provided is the legal assistance described in such section;

or

(F) an alien who is lawfully present in the United

States as a result of being granted conditional entry to

the United States before April 1, 1980, pursuant to section

203(a)(7) of the Immigration and Nationality Act (8 U.S.C.

1153(a)(7)), as in effect on March 31, 1980, because of

persecution or fear of persecution on account of race, religion, or political calamity;

(12) that supports or conducts a training program for the

purpose of advocating a particular public policy or encouraging

a political activity, a labor or antilabor activity, a boycott,

picketing, a strike, or a demonstration, including the dissemination of information about such a policy or activity, except that

this paragraph shall not be construed to prohibit the provision

of training to an attorney or a paralegal to prepare the attorney

or paralegal to provide—

(A) adequate legal assistance to eligible clients; or

(B) advice to any eligible client as to the legal rights

of the client;

(13) that claims (or whose employee claims), or collects

and retains, attorneys’ fees pursuant to any Federal or State

law permitting or requiring the awarding of such fees;

(14) that participates in any litigation with respect to abortion;

(15) that participates in any litigation on behalf of a person

incarcerated in a Federal, State, or local prison;

(16) that initiates legal representation or participates in

any other way, in litigation, lobbying, or rulemaking, involving

an effort to reform a Federal or State welfare system, except

that this paragraph shall not be construed to preclude a recipient from representing an individual eligible client who is seeking specific relief from a welfare agency if such relief does
H. R. 2076—56

not involve an effort to amend or otherwise challenge existing

law in effect on the date of the initiation of the representation;

(17) that defends a person in a proceeding to evict the

person from a public housing project if—

(A) the person has been charged with the illegal sale

or distribution of a controlled substance; and

(B) the eviction proceeding is brought by a public housing agency because the illegal drug activity of the person

threatens the health or safety of another tenant residing

in the public housing project or employee of the public

housing agency;

(18) unless such person or entity agrees that the person

or entity, and the employees of the person or entity, will not

accept employment resulting from in-person unsolicited advice

to a nonattorney that such nonattorney should obtain counsel

or take legal action, and will not refer such nonattorney to

another person or entity or an employee of the person or entity,

that is receiving financial assistance provided by the Corporation; or

(19) unless such person or entity enters into a contractual

agreement to be subject to all provisions of Federal law relating

to the proper use of Federal funds, the violation of which

shall render any grant or contractual agreement to provide

funding null and void, and, for such purposes, the Corporation

shall be considered to be a Federal agency and all funds provided by the Corporation shall be considered to be Federal

funds provided by grant or contract.

(b) Nothing in this section shall be construed to prohibit a

recipient from using funds from a source other than the Legal

Services Corporation for the purpose of contacting, communicating

with, or responding to a request from, a State or local government

agency, a State or local legislative body or committee, or a member

thereof, regarding funding for the recipient, including a pending

or proposed legislative or agency proposal to fund such recipient. (c) Not later than 30 days after the date of enactment of

this Act, the Legal Services Corporation shall promulgate a suggested list of priorities that boards of directors may use in setting

priorities under subsection (a)(9).

(d)(1) The Legal Services Corporation shall not accept any

non-Federal funds, and no recipient shall accept funds from any

source other than the Corporation, unless the Corporation or the

recipient, as the case may be, notifies in writing the source of

the funds that the funds may not be expended for any purpose

prohibited by the Legal Services Corporation Act or this title. (2) Paragraph (1) shall not prevent a recipient from—

(A) receiving Indian tribal funds (including funds from

private nonprofit organizations for the benefit of Indians or

Indian tribes) and expending the tribal funds in accordance

with the specific purposes for which the tribal funds are provided; or

(B) using funds received from a source other than the

Legal Services Corporation to provide legal assistance to a

covered individual if such funds are used for the specific purposes for which such funds were received, except that such

funds may not be expended by recipients for any purpose

prohibited by this Act or by the Legal Services Corporation

Act.
H. R. 2076—57

(e) As used in this section:

(1) The term ‘‘controlled substance’’ has the meaning given

the term in section 102 of the Controlled Substances Act (21

U.S.C. 802).

(2) The term ‘‘covered individual’’ means any person who—

(A) except as provided in subparagraph (B), meets

the requirements of this Act and the Legal Services Corporation Act relating to eligibility for legal assistance; and

(B) may or may not be financially unable to afford

legal assistance.

(3) The term ‘‘public housing project’’ has the meaning

as used within, and the term ‘‘public housing agency’’ has

the meaning given the term, in section 3 of the United States

Housing Act of 1937 (42 U.S.C. 1437a).

SEC. 505. None of the funds appropriated in this Act to

the Legal Services Corporation or provided by the Corporation

to any entity or person may be used to pay membership dues

to any private or nonprofit organization.

SEC. 506. None of the funds appropriated in this Act to

the Legal Services Corporation may be used by any person or

entity receiving financial assistance from the Corporation to file

or pursue a lawsuit against the Corporation.

SEC. 507. None of the funds appropriated in this Act to

the Legal Services Corporation may be used for any purpose prohibited or contrary to any of the provisions of authorization legislation

for fiscal year 1996 for the Legal Services Corporation that is

enacted into law. Upon the enactment of such Legal Services Corporation reauthorization legislation, funding provided in this Act

shall from that date be subject to the provisions of that legislation

and any provisions in this Act that are inconsistent with that

legislation shall no longer have effect.

SEC. 508. (a) The requirements of section 504 shall apply

to the activities of a recipient described in section 504, or an

employee of such a recipient, during the provision of legal assistance

for a case or matter, if the recipient or employee begins to provide

the legal assistance on or after the date of enactment of this

Act.

(b) If the recipient or employee began to provide legal assistance

for the case or matter prior to the date of enactment of this Act—

(1) each of the requirements of section 504 (other than

paragraphs (7), (11), and (15) of subsection (a) of such section)

shall, beginning on the date of enactment of this Act, apply

to the activities of the recipient or employee during the provision of legal assistance for the case or matter; and

(2) the requirements of paragraphs (7), (11), and (15) of

section 504(a) shall apply—

(A) beginning on the date of enactment of this Act,

to the activities of the recipient or employee during the

provision of legal assistance for any additional related claim

for which the recipient or employee begins to provide legal

assistance on or after such date; and

(B) beginning July 1, 1996, to all other activities of

the recipient or employee during the provision of legal

assistance for the case or matter.

(c) The Legal Services Corporation shall, every 60 days, submit

to the Committees on Appropriations of the Senate and House
H. R. 2076—58

of Representatives a report setting forth the status of cases and

matters referred to in subsection (b)(2).

SEC. 509. (a) An audit of each person or entity receiving financial assistance from the Legal Services Corporation under this

Act (referred to in this section as a ‘‘recipient’’) shall be conducted

in accordance with generally accepted government auditing standards and shall report whether—

(1) the financial statements of the recipient present fairly

its financial position and the results of its financial operations

in accordance with generally accepted accounting principles;

(2) the recipient has internal control systems to provide

reasonable assurance that it is managing funds, regardless

of source, in compliance with Federal laws and regulations;

and

(3) the recipient has complied with Federal laws and regulations applicable to funds received, regardless of source.

(b) In carrying out the requirements of subsection (a)(3), the

auditor shall select and test a representative number of transactions. Any noncompliance found by the auditor during the audit

under this section shall be reported within 30 days to the Office

of the Inspector General.

(c) Audits conducted in accordance with this section shall be

in lieu of the financial audits otherwise required by section 1009(c)

of the Legal Services Corporation Act (42 U.S.C. 2996h(c)).

(d) Notwithstanding section 1006(b)(3) of the Legal Services

Corporation Act (42 U.S.C. 2996e(b)(3)), the Legal Services Corporation shall have access to financial records, time records, retainer

agreements, client trust fund and eligibility records, and client

names, for each recipient, except for reports or records subject

to the attorney-client privilege.

(e) The Legal Services Corporation shall not disclose any name

or document referred to in subsection (d), except to—

(1) a Federal, State, or local law enforcement official; or

(2) an official of an appropriate bar association for the

purpose of enabling the official to conduct an investigation

of a rule of professional conduct.

(f) The requirements of this section shall apply to a recipient

for its first fiscal year beginning on or after January 1, 1996.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission

as authorized by title II of Public Law 92–522, as amended,

$1,190,000.

MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Martin Luther King, Jr. Federal

Holiday Commission, as authorized by Public Law 98–399, as

amended, $350,000: Provided, That this shall be the final Federal

payment to the Martin Luther King, Jr. Federal Holiday Commission for operations and necessary closing costs.
H. R. 2076—59

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $287,738,000, of which

$3,000,000 is for the Office of Economic Analysis, to be headed

by the Chief Economist of the Commission, and of which not to

exceed $10,000 may be used toward funding a permanent secretariat

for the International Organization of Securities Commissions, and

of which not to exceed $100,000 shall be available for expenses

for consultations and meetings hosted by the Commission with

foreign governmental and other regulatory officials, members of

their delegations, appropriate representatives and staff to exchange

views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning

securities matters and provision of technical assistance for the

development of foreign securities markets, such expenses to include

necessary logistic and administrative expenses and the expenses

of Commission staff and foreign invitees in attendance at such

consultations and meetings including: (i) such incidental expenses

as meals taken in the course of such attendance, (ii) any travel

and transportation to or from such meetings, and (iii) any other

related lodging or subsistence: Provided, That immediately upon

enactment of this Act, the rate of fees under section 6(b) of the

Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from onefiftieth of one percentum to one-twenty-ninth of one percentum,

and such increase shall be deposited as an offsetting collection

to this appropriation, to remain available until expended, to recover

costs of services of the securities registration process: Provided

further, That the total amount appropriated for fiscal year 1996

under this heading shall be reduced as such fees are deposited

to this appropriation so as to result in a final total fiscal year

1996 appropriation from the General Fund estimated at not more

than $103,445,000: Provided further, That any such fees collected

in excess of $184,293,000 shall remain available until expended

but shall not be available for obligation until October 1, 1996:

Provided further, That $1,000,000 of the funds appropriated for

the Commission shall be available for the enforcement of the Investment Advisers Act of 1940 in addition to any other appropriated

funds designated by the Commission for enforcement of such Act.

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 103–403,

including hire of passenger motor vehicles as authorized by 31

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception

and representation expenses, $219,190,000: Provided, That the

Administrator is authorized to charge fees to cover the cost of

publications developed by the Small Business Administration, and

certain loan servicing activities: Provided further, That notwithstanding 31 U.S.C. 3302, revenues received from all such activities
H. R. 2076—60

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

these purposes without further appropriations.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–

504), $8,500,000.

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $4,500,000, and for the cost of

guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631

note, of which $1,216,000, to be available until expended, shall

be for the Microloan Guarantee Program, and of which $40,510,000

shall remain available until September 30, 1997: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That during fiscal year 1996, commitments to

guarantee loans under section 503 of the Small Business Investment

Act of 1958, as amended, shall not exceed the amount of financings

authorized under section 20(n)(2)(B) of the Small Business Act,

as amended.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $92,622,000, which may be transferred to and merged with the appropriations for Salaries and

Expenses.

DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the

Small Business Act, as amended, $34,432,000, to remain available

until expended: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974.

In addition, for administrative expenses to carry out the direct

loan program, $71,578,000, which may be transferred to and merged

with the appropriations for Salaries and Expenses.

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the ‘‘Surety Bond Guarantees Revolving Fund’’, authorized by the Small Business Investment Act, as

amended, $2,530,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

SEC. 510. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,

but no such appropriation shall be increased by more than 10

percent by any such transfers: Provided, That any transfer pursuant

to this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.
H. R. 2076—61

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as author- ized by The State Justice Institute Authorization Act of 1992 (Public

Law 102–572 (106 Stat. 4515–4516)), $5,000,000 to remain available

until expended: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

TITLE VI—GENERAL PROVISIONS

SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605 (a) None of the funds provided under this Act, or

provided under previous Appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 1996, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds which (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen

days in advance of such reprogramming of funds. (b) None of the funds provided under this Act, or provided

under previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 1996, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a

reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program,

project, or activity, or numbers of personnel by 10 percent as

approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change
H. R. 2076—62

in existing programs, activities, or projects as approved by Congress;

unless the Appropriations Committees of both Houses of Congress

are notified fifteen days in advance of such reprogramming of

funds.

SEC. 606. None of the funds made available in this Act may

be used for the construction, repair (other than emergency repair),

overhaul, conversion, or modernization of vessels for the National

Oceanic and Atmospheric Administration in shipyards located outside of the United States.

SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 608. None of the funds made available in this Act may

be used to implement, administer, or enforce any guidelines of

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 609. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended to pay for

any cost incurred for (1) opening or operating any United States

diplomatic or consular post in the Socialist Republic of Vietnam

that was not operating on July 11, 1995; (2) expanding any United

States diplomatic or consular post in the Socialist Republic of Vietnam that was operating on July 11, 1995; or (3) increasing the

total number of personnel assigned to United States diplomatic

or consular posts in the Socialist Republic of Vietnam above the

levels existing on July 11, 1995, unless the President certifies

within 60 days, based upon all information available to the United

States Government that the Government of the Socialist Republic

of Vietnam is fully cooperating with the United States in the

following four areas:

(1) Resolving discrepancy cases, live sightings and field

activities,

(2) Recovering and repatriating American remains,

(3) Accelerating efforts to provide documents that will help

lead to fullest possible accounting of POW/MIA’s,

(4) Providing further assistance in implementing trilateral

investigations with Laos.

SEC. 610. None of the funds made available by this Act may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds (1) that the United Nations undertaking is a peacekeeping mission, (2) that such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national, and (3) that the President’s military advisors have not

submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the
H. R. 2076—63

President has not submitted to the Congress such a recommendation.

SEC. 611. None of the funds made available in this Act shall

be used to provide the following amenities or personal comforts

in the Federal prison system—

(1) in-cell television viewing except for prisoners who are

segregated from the general prison population for their own

safety;

(2) the viewing of R, X, and NC–17 rated movies, through

whatever medium presented;

(3) any instruction (live or through broadcasts) or training

equipment for boxing, wrestling, judo, karate, or other martial

art, or any bodybuilding or weightlifting equipment of any

sort;

(4) possession of in-cell coffee pots, hot plates, or heating

elements; or

(5) the use or possession of any electric or electronic musical

instrument.

SEC. 612. None of the funds made available in title II for

the National Oceanic and Atmospheric Administration under the

heading ‘‘Fleet Modernization, Shipbuilding and Conversion’’ may

be used to implement sections 603, 604, and 605 of Public Law

102–567.

SEC. 613. None of the funds made available in this Act may

be used for ‘‘USIA Television Marti Program’’ under the Television

Broadcasting to Cuba Act or any other program of United States

Government television broadcasts to Cuba, when it is made known

to the Federal official having authority to obligate or expend such

funds that such use would be inconsistent with the applicable

provisions of the March 1995 Office of Cuba Broadcasting

Reinventing Plan of the United States Information Agency.

SEC. 614. (a)(1) Section 5002 of title 18, United States Code,

is repealed.

(2) The table of sections for chapter 401 of title 18, United

States Code, is amended by striking out the item relating to the

Advisory Corrections Council.

(b) This section shall take effect 30 days after the date of

the enactment of this Act.

SEC. 615. Any costs incurred by a Department or agency funded

under this Act resulting from personnel actions taken in response

to funding reductions included in this Act shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.
H. R. 2076—64

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$65,000,000 are rescinded.

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

(RESCISSION)

Of the unobligated balances available under this heading,

$60,000,000 are rescinded.

RELATED AGENCIES

UNITED STATES INFORMATION AGENCY

RADIO CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading,

$7,400,000 are rescinded.

TITLE VIII—PRISON LITIGATION REFORM

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Prison Litigation Reform Act

of 1995’’.

SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

(a) IN GENERAL.—Section 3626 of title 18, United States Code,

is amended to read as follows:

‘‘§ 3626. Appropriate remedies with respect to prison conditions

‘‘(a) REQUIREMENTS FOR RELIEF.—

‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective relief in any

civil action with respect to prison conditions shall extend no

further than necessary to correct the violation of the Federal

right of a particular plaintiff or plaintiffs. The court shall

not grant or approve any prospective relief unless the court

finds that such relief is narrowly drawn, extends no further

than necessary to correct the violation of the Federal right,

and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight

to any adverse impact on public safety or the operation of

a criminal justice system caused by the relief.
H. R. 2076—65

‘‘(B) The court shall not order any prospective relief that

requires or permits a government official to exceed his or her

authority under State or local law or otherwise violates State

or local law, unless—

‘‘(i) Federal law permits such relief to be ordered in

violation of State or local law;

‘‘(ii) the relief is necessary to correct the violation of

a Federal right; and

‘‘(iii) no other relief will correct the violation of the

Federal right.

‘‘(C) Nothing in this section shall be construed to authorize

the courts, in exercising their remedial powers, to order the

construction of prisons or the raising of taxes, or to repeal

or detract from otherwise applicable limitations on the remedial

powers of the courts.

‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any civil action

with respect to prison conditions, to the extent otherwise

authorized by law, the court may enter a temporary restraining

order or an order for preliminary injunctive relief. Preliminary

injunctive relief must be narrowly drawn, extend no further

than necessary to correct the harm the court finds requires

preliminary relief, and be the least intrusive means necessary

to correct that harm. The court shall give substantial weight

to any adverse impact on public safety or the operation of

a criminal justice system caused by the preliminary relief and

shall respect the principles of comity set out in paragraph

(1)(B) in tailoring any preliminary relief. Preliminary injunctive

relief shall automatically expire on the date that is 90 days

after its entry, unless the court makes the findings required

under subsection (a)(1) for the entry of prospective relief and

makes the order final before the expiration of the 90-day period.

‘‘(3) PRISONER RELEASE ORDER.—(A) In any civil action with

respect to prison conditions, no prisoner release order shall

be entered unless—

‘‘(i) a court has previously entered an order for less

intrusive relief that has failed to remedy the deprivation

of the Federal right sought to be remedied through the

prisoner release order; and

‘‘(ii) the defendant has had a reasonable amount of

time to comply with the previous court orders.

‘‘(B) In any civil action in Federal court with respect to

prison conditions, a prisoner release order shall be entered

only by a three-judge court in accordance with section 2284

of title 28, if the requirements of subparagraph (E) have been

met.

‘‘(C) A party seeking a prisoner release order in Federal

court shall file with any request for such relief, a request

for a three-judge court and materials sufficient to demonstrate

that the requirements of subparagraph (A) have been met.

‘‘(D) If the requirements under subparagraph (A) have been

met, a Federal judge before whom a civil action with respect

to prison conditions is pending who believes that a prison

release order should be considered may sua sponte request

the convening of a three-judge court to determine whether

a prisoner release order should be entered.
H. R. 2076—66

‘‘(E) The three-judge court shall enter a prisoner release

order only if the court finds by clear and convincing evidence

that—

‘‘(i) crowding is the primary cause of the violation

of a Federal right; and

‘‘(ii) no other relief will remedy the violation of the

Federal right.

‘‘(F) Any State or local official or unit of government whose

jurisdiction or function includes the appropriation of funds for

the construction, operation, or maintenance of program facilities, or the prosecution or custody of persons who may be

released from, or not admitted to, a prison as a result of

a prisoner release order shall have standing to oppose the

imposition or continuation in effect of such relief and to seek

termination of such relief, and shall have the right to intervene

in any proceeding relating to such relief.

‘‘(b) TERMINATION OF RELIEF.—

‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—(A) In any civil

action with respect to prison conditions in which prospective

relief is ordered, such relief shall be terminable upon the motion

of any party or intervener—

‘‘(i) 2 years after the date the court granted or approved

the prospective relief;

‘‘(ii) 1 year after the date the court has entered an

order denying termination of prospective relief under this

paragraph; or

‘‘(iii) in the case of an order issued on or before the

date of enactment of the Prison Litigation Reform Act,

2 years after such date of enactment.

‘‘(B) Nothing in this section shall prevent the parties from

agreeing to terminate or modify relief before the relief is terminated under subparagraph (A). ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF.—In

any civil action with respect to prison conditions, a defendant

or intervener shall be entitled to the immediate termination

of any prospective relief if the relief was approved or granted

in the absence of a finding by the court that the relief is

narrowly drawn, extends no further than necessary to correct

the violation of the Federal right, and is the least intrusive

means necessary to correct the violation of the Federal right. ‘‘(3) LIMITATION.—Prospective relief shall not terminate if

the court makes written findings based on the record that

prospective relief remains necessary to correct a current or

ongoing violation of the Federal right, extends no further than

necessary to correct the violation of the Federal right, and

that the prospective relief is narrowly drawn and the least

intrusive means to correct the violation.

‘‘(4) TERMINATION OR MODIFICATION OF RELIEF.—Nothing

in this section shall prevent any party or intervener from

seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible.

‘‘(c) SETTLEMENTS.—

‘‘(1) CONSENT DECREES.—In any civil action with respect

to prison conditions, the court shall not enter or approve a

consent decree unless it complies with the limitations on relief

set forth in subsection (a).
H. R. 2076—67

‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A) Nothing in

this section shall preclude parties from entering into a private

settlement agreement that does not comply with the limitations

on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement other than the

reinstatement of the civil proceeding that the agreement settled.

‘‘(B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached

from seeking in State court any remedy available under State

law.

‘‘(d) STATE LAW REMEDIES.—The limitations on remedies in

this section shall not apply to relief entered by a State court

based solely upon claims arising under State law.

‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPECTIVE

RELIEF.—

‘‘(1) GENERALLY.—The court shall promptly rule on any

motion to modify or terminate prospective relief in a civil action

with respect to prison conditions.

‘‘(2) AUTOMATIC STAY.—Any prospective relief subject to

a pending motion shall be automatically stayed during the

period—

‘‘(A)(i) beginning on the 30th day after such motion

is filed, in the case of a motion made under paragraph

(1) or (2) of subsection (b); or

‘‘(ii) beginning on the 180th day after such motion

is filed, in the case of a motion made under any other

law; and

‘‘(B) ending on the date the court enters a final order

ruling on the motion.

‘‘(f) SPECIAL MASTERS.—

‘‘(1) IN GENERAL.—(A) In any civil action in a Federal

court with respect to prison conditions, the court may appoint

a special master who shall be disinterested and objective and

who will give due regard to the public safety, to conduct hearings on the record and prepare proposed findings of fact.

‘‘(B) The court shall appoint a special master under this

subsection during the remedial phase of the action only upon

a finding that the remedial phase will be sufficiently complex

to warrant the appointment.

‘‘(2) APPOINTMENT.—(A) If the court determines that the

appointment of a special master is necessary, the court shall

request that the defendant institution and the plaintiff each

submit a list of not more than 5 persons to serve as a special

master.

‘‘(B) Each party shall have the opportunity to remove up

to 3 persons from the opposing party’s list.

‘‘(C) The court shall select the master from the persons

remaining on the list after the operation of subparagraph (B).

‘‘(3) INTERLOCUTORY APPEAL.—Any party shall have the

right to an interlocutory appeal of the judge’s selection of the

special master under this subsection, on the ground of partiality.

‘‘(4) COMPENSATION.—The compensation to be allowed to

a special master under this section shall be based on an hourly

rate not greater than the hourly rate established under section

3006A for payment of court-appointed counsel, plus costs
H. R. 2076—68

reasonably incurred by the special master. Such compensation

and costs shall be paid with funds appropriated to the Judiciary.

‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In any civil action

with respect to prison conditions in which a special master

is appointed under this subsection, the court shall review the

appointment of the special master every 6 months to determine

whether the services of the special master continue to be

required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of

the relief.

‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A special master

appointed under this subsection—

‘‘(A) may be authorized by a court to conduct hearings

and prepare proposed findings of fact, which shall be made

on the record;

‘‘(B) shall not make any findings or communications

ex parte;

‘‘(C) may be authorized by a court to assist in the

development of remedial plans; and

‘‘(D) may be removed at any time, but shall be relieved

of the appointment upon the termination of relief.

‘‘(g) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘consent decree’ means any relief entered

by the court that is based in whole or in part upon the consent

or acquiescence of the parties but does not include private

settlements;

‘‘(2) the term ‘civil action with respect to prison conditions’

means any civil proceeding arising under Federal law with

respect to the conditions of confinement or the effects of actions

by government officials on the lives of persons confined in

prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison; ‘‘(3) the term ‘prisoner’ means any person subject to incarceration, detention, or admission to any facility who is accused

of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program; ‘‘(4) the term ‘prisoner release order’ includes any order,

including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting

the prison population, or that directs the release from or

nonadmission of prisoners to a prison;

‘‘(5) the term ‘prison’ means any Federal, State, or local

facility that incarcerates or detains juveniles or adults accused

of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law;

‘‘(6) the term ‘private settlement agreement’ means an

agreement entered into among the parties that is not subject

to judicial enforcement other than the reinstatement of the

civil proceeding that the agreement settled;

‘‘(7) the term ‘prospective relief’ means all relief other than

compensatory monetary damages;

‘‘(8) the term ‘special master’ means any person appointed

by a Federal court pursuant to Rule 53 of the Federal Rules

of Civil Procedure or pursuant to any inherent power of the

court to exercise the powers of a master, regardless of the

title or description given by the court; and
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‘‘(9) the term ‘relief’ means all relief in any form that

may be granted or approved by the court, and includes consent

decrees but does not include private settlement agreements.’’.

(b) APPLICATION OF AMENDMENT.—

(1) IN GENERAL.—Section 3626 of title 18, United States

Code, as amended by this section, shall apply with respect

to all prospective relief whether such relief was originally

granted or approved before, on, or after the date of the enactment of this title.

(2) TECHNICAL AMENDMENT.—Subsections (b) and (d) of

section 20409 of the Violent Crime Control and Law Enforcement Act of 1994 are repealed.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter C of chapter 229 of title 18, United States

Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.

SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED

PERSONS ACT.

(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the Civil

Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred

to in this section as the ‘‘Act’’) is amended to read as follows:

‘‘(c) The Attorney General shall personally sign any complaint

filed pursuant to this section.’’.

(b) CERTIFICATION REQUIREMENTS.—Section 4 of the Act (42

U.S.C. 1997b) is amended—

(1) in subsection (a)—

(A) by striking ‘‘he’’ each place it appears and inserting

‘‘the Attorney General’’; and

(B) by striking ‘‘his’’ and inserting ‘‘the Attorney General’s’’; and

(2) by amending subsection (b) to read as follows:

‘‘(b) The Attorney General shall personally sign any certification

made pursuant to this section.’’.

(c) INTERVENTION IN ACTIONS.—Section 5 of the Act (42 U.S.C.

1997c) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘he’’ each place it

appears and inserting ‘‘the Attorney General’’; and

(B) by amending paragraph (2) to read as follows:

‘‘(2) The Attorney General shall personally sign any certification

made pursuant to this section.’’; and

(2) by amending subsection (c) to read as follows:

‘‘(c) The Attorney General shall personally sign any motion

to intervene made pursuant to this section.’’.

(d) SUITS BY PRISONERS.—Section 7 of the Act (42 U.S.C. 1997e)

is amended to read as follows:

‘‘SEC. 7. SUITS BY PRISONERS.

‘‘(a) APPLICABILITY OF ADMINISTRATIVE REMEDIES.—No action

shall be brought with respect to prison conditions under section

1979 of the Revised Statutes of the United States (42 U.S.C. 1983),

or any other Federal law, by a prisoner confined in any jail, prison,

or other correctional facility until such administrative remedies

as are available are exhausted.

‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of a State to adopt or
H. R. 2076—70

adhere to an administrative grievance procedure shall not constitute

the basis for an action under section 3 or 5 of this Act.

‘‘(c) DISMISSAL.—(1) The court shall on its own motion or on

the motion of a party dismiss any action brought with respect

to prison conditions under section 1979 of the Revised Statutes

of the United States (42 U.S.C. 1983), or any other Federal law,

by a prisoner confined in any jail, prison, or other correctional

facility if the court is satisfied that the action is frivolous, malicious,

fails to state a claim upon which relief can be granted, or seeks

monetary relief from a defendant who is immune from such relief.

‘‘(2) In the event that a claim is, on its face, frivolous, malicious,

fails to state a claim upon which relief can be granted, or seeks

monetary relief from a defendant who is immune from such relief,

the court may dismiss the underlying claim without first requiring

the exhaustion of administrative remedies.

‘‘(d) ATTORNEY’S FEES.—(1) In any action brought by a prisoner

who is confined to any jail, prison, or other correctional facility,

in which attorney’s fees are authorized under section 2 of the

Revised Statutes of the United States (42 U.S.C. 1988), such fees

shall not be awarded, except to the extent that—

‘‘(A) the fee was directly and reasonably incurred in proving

an actual violation of the plaintiff’s rights protected by a statute

pursuant to which a fee may be awarded under section 2

of the Revised Statutes; and

‘‘(B)(i) the amount of the fee is proportionately related

to the court ordered relief for the violation; or

‘‘(ii) the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.

‘‘(2) Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed

25 percent) shall be applied to satisfy the amount of attorney’s

fees awarded against the defendant. If the award of attorney’s

fees is not greater than 150 percent of the judgment, the excess

shall be paid by the defendant. ‘‘(3) No award of attorney’s fees in an action described in paragraph (1) shall be based on an hourly rate greater than 150

percent of the hourly rate established under section 3006A of title

18, United States Code, for payment of court-appointed counsel. ‘‘(4) Nothing in this subsection shall prohibit a prisoner from

entering into an agreement to pay an attorney’s fee in an amount

greater than the amount authorized under this subsection, if the

fee is paid by the individual rather than by the defendant pursuant

to section 2 of the Revised Statutes of the United States (42 U.S.C.

1988).

‘‘(e) LIMITATION ON RECOVERY.—No Federal civil action may

be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in

custody without a prior showing of physical injury.

‘‘(f) HEARINGS.—(1) To the extent practicable, in any action

brought with respect to prison conditions in Federal court pursuant

to section 1979 of the Revised Statutes of the United States (42

U.S.C. 1983), or any other Federal law, by a prisoner confined

in any jail, prison, or other correctional facility, pretrial proceedings

in which the prisoner’s participation is required or permitted shall

be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility

in which the prisoner is confined.
H. R. 2076—71

‘‘(2) Subject to the agreement of the official of the Federal,

State, or local unit of government with custody over the prisoner,

hearings may be conducted at the facility in which the prisoner

is confined. To the extent practicable, the court shall allow counsel

to participate by telephone, video conference, or other communications technology in any hearing held at the facility.

‘‘(g) WAIVER OF REPLY.—(1) Any defendant may waive the right

to reply to any action brought by a prisoner confined in any jail,

prison, or other correctional facility under section 1979 of the

Revised Statutes of the United States (42 U.S.C. 1983) or any

other Federal law. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. No relief shall be granted to

the plaintiff unless a reply has been filed.

‘‘(2) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has

a reasonable opportunity to prevail on the merits.

‘‘(h) DEFINITION.—As used in this section, the term ‘prisoner’

means any person incarcerated or detained in any facility who

is accused of, convicted of, sentenced for, or adjudicated delinquent

for, violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.’’.

(e) REPORT TO CONGRESS.—Section 8 of the Act (42 U.S.C.

1997f) is amended by striking ‘‘his report’’ and inserting ‘‘the report’’.

(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10 of the Act

(42 U.S.C. 1997h) is amended—

(1) by striking ‘‘his action’’ and inserting ‘‘the action’’; and

(2) by striking ‘‘he is satisfied’’ and inserting ‘‘the Attorney

General is satisfied’’.

SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

(a) FILING FEES.—Section 1915 of title 28, United States Code,

is amended—

(1) in subsection (a)—

(A) by striking ‘‘(a) Any’’ and inserting ‘‘(a)(1) Subject to subsection (b), any’’; (B) by striking ‘‘and costs’’;

(C) by striking ‘‘makes affidavit’’ and inserting ‘‘submits an affidavit that includes a statement of all assets

such prisoner possesses’’;

(D) by striking ‘‘such costs’’ and inserting ‘‘such fees’’;

(E) by striking ‘‘he’’ each place it appears and inserting

‘‘the person’’;

(F) by adding immediately after paragraph (1), the following new paragraph:

‘‘(2) A prisoner seeking to bring a civil action or appeal a

judgment in a civil action or proceeding without prepayment of

fees or security therefor, in addition to filing the affidavit filed

under paragraph (1), shall submit a certified copy of the trust

fund account statement (or institutional equivalent) for the prisoner

for the 6-month period immediately preceding the filing of the

complaint or notice of appeal, obtained from the appropriate official

of each prison at which the prisoner is or was confined.’’; and

(G) by striking ‘‘An appeal’’ and inserting ‘‘(3) An

appeal’’;

(2) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f), respectively;
H. R. 2076—72

(3) by inserting after subsection (a) the following new subsection:

‘‘(b)(1) Notwithstanding subsection (a), if a prisoner brings a

civil action or files an appeal in forma pauperis, the prisoner shall

be required to pay the full amount of a filing fee. The court shall

assess and, when funds exist, collect, as a partial payment of

any court fees required by law, an initial partial filing fee of

20 percent of the greater of—

‘‘(A) the average monthly deposits to the prisoner’s account;

or

‘‘(B) the average monthly balance in the prisoner’s account

for the 6-month period immediately preceding the filing of

the complaint or notice of appeal.

‘‘(2) After payment of the initial partial filing fee, the prisoner

shall be required to make monthly payments of 20 percent of

the preceding month’s income credited to the prisoner’s account.

The agency having custody of the prisoner shall forward payments

from the prisoner’s account to the clerk of the court each time

the amount in the account exceeds $10 until the filing fees are

paid.

‘‘(3) In no event shall the filing fee collected exceed the amount

of fees permitted by statute for the commencement of a civil action

or an appeal of a civil action or criminal judgment.

‘‘(4) In no event shall a prisoner be prohibited from bringing

a civil action or appealing a civil or criminal judgment for the

reason that the prisoner has no assets and no means by which

to pay the initial partial filing fee.’’;

(4) in subsection (c), as redesignated by paragraph (2), by striking ‘‘subsection (a) of this section’’ and inserting ‘‘subsections (a) and (b) and the prepayment of any partial filing

fee as may be required under subsection (b)’’; and (5) by amending subsection (e), as redesignated by para- graph (2), to read as follows:

‘‘(e)(1) The court may request an attorney to represent any

person unable to afford counsel.

‘‘(2) Notwithstanding any filing fee, or any portion thereof,

that may have been paid, the court shall dismiss the case at

any time if the court determines that— ‘‘(A) the allegation of poverty is untrue; or

‘‘(B) the action or appeal—

‘‘(i) is frivolous or malicious;

‘‘(ii) fails to state a claim on which relief may be

granted; or ‘‘(iii) seeks monetary relief against a defendant who

is immune from such relief.’’.

(b) EXCEPTION TO DISCHARGE OF DEBT IN BANKRUPTCY

PROCEEDING.—Section 523(a) of title 11, United States Code, is

amended—

(1) in paragraph (16), by striking the period at the end

and inserting ‘‘; or’’; and

(2) by adding at the end the following new paragraph:

‘‘(17) for a fee imposed by a court for the filing of a case,

motion, complaint, or appeal, or for other costs and expenses

assessed with respect to such filing, regardless of an assertion

of poverty by the debtor under section 1915 (b) or (f) of title

28, or the debtor’s status as a prisoner, as defined in section

1915(h) of title 28.’’.
H. R. 2076—73

(c) COSTS.—Section 1915(f) of title 28, United States Code (as

redesignated by subsection (a)(2)), is amended—

(1) by striking ‘‘(f) Judgment’’ and inserting ‘‘(f)(1) Judgment’’;

(2) by striking ‘‘cases’’ and inserting ‘‘proceedings’’; and

(3) by adding at the end the following new paragraph:

‘‘(2)(A) If the judgment against a prisoner includes the payment

of costs under this subsection, the prisoner shall be required to

pay the full amount of the costs ordered.

‘‘(B) The prisoner shall be required to make payments for

costs under this subsection in the same manner as is provided

for filing fees under subsection (a)(2).

‘‘(C) In no event shall the costs collected exceed the amount

of the costs ordered by the court.’’.

(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28, United States

Code, is amended by adding at the end the following new subsection:

‘‘(g) In no event shall a prisoner bring a civil action or appeal

a judgment in a civil action or proceeding under this section if

the prisoner has, on 3 or more prior occasions, while incarcerated

or detained in any facility, brought an action or appeal in a court

of the United States that was dismissed on the grounds that it

is frivolous, malicious, or fails to state a claim upon which relief

may be granted, unless the prisoner is under imminent danger

of serious physical injury.’’.

(e) DEFINITION.—Section 1915 of title 28, United States Code,

is amended by adding at the end the following new subsection:

‘‘(h) As used in this section, the term ‘prisoner’ means any

person incarcerated or detained in any facility who is accused

of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.’’.

SEC. 805. JUDICIAL SCREENING.

(a) IN GENERAL.—Chapter 123 of title 28, United States Code,

is amended by inserting after section 1915 the following new section:

‘‘§ 1915A. Screening

‘‘(a) SCREENING.—The court shall review, before docketing, if

feasible or, in any event, as soon as practicable after docketing,

a complaint in a civil action in which a prisoner seeks redress

from a governmental entity or officer or employee of a governmental

entity.

‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court shall identify cognizable claims or dismiss the complaint, or any portion

of the complaint, if the complaint—

‘‘(1) is frivolous, malicious, or fails to state a claim upon

which relief may be granted; or

‘‘(2) seeks monetary relief from a defendant who is immune

from such relief.

‘‘(c) DEFINITION.—As used in this section, the term ‘prisoner’

means any person incarcerated or detained in any facility who

is accused of, convicted of, sentenced for, or adjudicated delinquent

for, violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.’’.
H. R. 2076—74

(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of

title 28, United States Code, is amended by inserting after the

item relating to section 1915 the following new item:

‘‘1915A. Screening.’’.

SEC. 806. FEDERAL TORT CLAIMS.

Section 1346(b) of title 28, United States Code, is amended—

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

(2) by adding at the end the following: ‘‘(2) No person convicted of a felony who is incarcerated while

awaiting sentencing or while serving a sentence may bring a civil

action against the United States or an agency, officer, or employee

of the Government, for mental or emotional injury suffered while

in custody without a prior showing of physical injury.’’.

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

RESTITUTION ORDERS.

Any compensatory damages awarded to a prisoner in connection

with a civil action brought against any Federal, State, or local

jail, prison, or correctional facility or against any official or agent

of such jail, prison, or correctional facility, shall be paid directly

to satisfy any outstanding restitution orders pending against the

prisoner. The remainder of any such award after full payment

of all pending restitution orders shall be forwarded to the prisoner.

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

Prior to payment of any compensatory damages awarded to

a prisoner in connection with a civil action brought against any

Federal, State, or local jail, prison, or correctional facility or against

any official or agent of such jail, prison, or correctional facility,

reasonable efforts shall be made to notify the victims of the crime

for which the prisoner was convicted and incarcerated concerning

the pending payment of any such compensatory damages.

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

(a) IN GENERAL.—Chapter 123 of title 28, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1932. Revocation of earned release credit

‘‘In any civil action brought by an adult convicted of a crime

and confined in a Federal correctional facility, the court may order

the revocation of such earned good time credit under section 3624(b)

of title 18, United States Code, that has not yet vested, if, on

its own motion or the motion of any party, the court finds that—

‘‘(1) the claim was filed for a malicious purpose;

‘‘(2) the claim was filed solely to harass the party against

which it was filed; or

‘‘(3) the claimant testifies falsely or otherwise knowingly

presents false evidence or information to the court.’’.

(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of

title 28, United States Code, is amended by inserting after the

item relating to section 1931 the following:

‘‘1932. Revocation of earned release credit.’’.

(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Section 3624(b)

of title 18, United States Code, is amended—
H. R. 2076—75

(1) in paragraph (1)—

(A) by striking the first sentence;

(B) in the second sentence—

(i) by striking ‘‘A prisoner’’ and inserting ‘‘Subject

to paragraph (2), a prisoner’’;

(ii) by striking ‘‘for a crime of violence,’’; and

(iii) by striking ‘‘such’’;

(C) in the third sentence, by striking ‘‘If the Bureau’’

and inserting ‘‘Subject to paragraph (2), if the Bureau’’;

(D) by striking the fourth sentence and inserting the

following: ‘‘In awarding credit under this section, the

Bureau shall consider whether the prisoner, during the

relevant period, has earned, or is making satisfactory

progress toward earning, a high school diploma or an

equivalent degree.’’; and

(E) in the sixth sentence, by striking ‘‘Credit for the

last’’ and inserting ‘‘Subject to paragraph (2), credit for

the last’’; and

(2) by amending paragraph (2) to read as follows:

‘‘(2) Notwithstanding any other law, credit awarded under

this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released

from custody.’’.

SEC. 810. SEVERABILITY.

If any provision of this title, an amendment made by this

title, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the remainder

of this title, the amendments made by this title, and the application

of the provisions of such to any person or circumstance shall not

be affected thereby.

This Act may be cited as the ‘‘Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.