In the Senate of the United States,

September 29 (legislative day, September 25), 1995.

Resolved, That the bill from the House of Representatives (H.R. 2076) entitled ‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1996, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF JUSTICE

6 GENERAL ADMINISTRATION

7 SALARIES AND EXPENSES

8 For expenses necessary for the administration of the

9 Department of Justice, $74,282,000; including not to exceed
2

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1 $3,317,000 for the Facilities Program 2000, and including

2 $5,000,000 for management and oversight of Immigration

3 and Naturalization Service activities, both sums to remain

4 available until expended: Provided, That not to exceed 45

5 permanent positions and full-time equivalent workyears

6 and $7,477,000 shall be expended for the Department Lead7 ership program: Provided further, That not to exceed 76

8 permanent positions and 90 full-time equivalent workyears

9 and $9,487,000 shall be expended for the Executive Support

10 program: Provided further, That the two aforementioned

11 programs shall not be augmented by personnel details, tem12 porary transfers of personnel on either a reimbursable or

13 non-reimbursable basis or any other type of formal or infor14 mal transfer or reimbursement of personnel or funds on ei15 ther a temporary or long-term basis.

16 (TRANSFER OF FUNDS)

17 For the Joint Automated Booking Station,

18 $11,000,000 shall be made available until expended, to be

19 derived by transfer from unobligated balances of the Work20 ing Capital Fund in the Department of Justice.

21 POLICE CORPS

22 For police corps grants authorized by Public Law 103-

23 322, $10,000,000, to remain available until expended,

24 which shall be derived from the Violent Crime Reduction

25 Trust Fund.
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1 COUNTERTERRORISM FUND

2 For necessary expenses, as determined by the Attorney

3 General, $26,898,000, to remain available until expended,

4 to reimburse any Department of Justice organization for

5 (1) the costs incurred in reestablishing the operational ca6 pability of an office or facility which has been damaged

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

8 Murrah Federal Building in Oklahoma City or any domes9 tic or international terrorist incident, (2) the costs of pro10 viding support to counter, investigate or prosecute domestic

11 or international terrorism, including payment of rewards

12 in connection with these activities, and (3) the costs of con13 ducting a terrorism threat assessment of Federal agencies

14 and their facilities: Provided, That funds provided under

15 this section shall be available only after the Attorney Gen16 eral notifies the Committees on Appropriations of the House

17 of Representatives and the Senate in accordance with sec18 tion 605 of this Act.

19 ADMINISTRATIVE REVIEW AND APPEALS

20 For expenses necessary for the administration of par21 don and clemency petitions and immigration related activi22 ties, $72,319,000.

23 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

24 REVIEW AND APPEALS

25 For activities authorized by section 130007 of Public

26 Law 103–322, $14,347,000, to remain available until ex-
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1 pended, which shall be derived from the Violent Crime Re2 duction Trust Fund.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General

6 Act of 1978, as amended, $27,436,000; including not to ex7 ceed $10,000 to meet unforeseen emergencies of a confiden8 tial character, to be expended under the direction of, and

9 to be accounted for solely under the certificate of, the Attor10 ney General; and for the acquisition, lease, maintenance

11 and operation of motor vehicles without regard to the gen12 eral purchase price limitation.

13 UNITED STATES PAROLE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Parole

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

17 LEGAL ACTIVITIES

18 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

19 For expenses necessary for the legal activities of the

20 Department of Justice, not otherwise provided for, includ21 ing activities authorized by title X of the Civil Rights Act

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

23 of collecting evidence, to be expended under the direction

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

25 the Attorney General; and rent of private or Government26 owned space in the District of Columbia; $406,529,000; of
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1 which not to exceed $10,000,000 for litigation support con2 tracts shall remain available until expended: Provided,

3 That of the funds available in this appropriation, not to

4 exceed $22,618,000 shall remain available until expended

5 for office automation systems for the legal divisions covered

6 by this appropriation, and for the United States Attorneys,

7 the Antitrust Division, and offices funded through ‘‘Salaries

8 and Expenses’’, General Administration: Provided further,

9 That of the total amount appropriated, not to exceed $1,000

10 shall be available to the United States National Central Bu11 reau, INTERPOL, for official reception and representation

12 expenses: Provided further, That notwithstanding 31 U.S.C.

13 1342, the Attorney General may accept on behalf of the

14 United States and credit to this appropriation, gifts of

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

16 hosting the International Criminal Police Organization’s

17 (INTERPOL) American Regional Conference in the United

18 States during fiscal year 1996.

19 In addition, for reimbursement of expenses of the De20 partment of Justice associated with processing cases under

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

22 exceed $4,028,000, to be appropriated from the Vaccine In23 jury Compensation Trust Fund, as authorized by section

24 6601 of the Omnibus Budget Reconciliation Act, 1989, as

25 amended by Public Law 101–512 (104 Stat. 1289).
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1 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

2 ACTIVITIES

3 For the expeditious deportation of denied asylum ap4 plicants, as authorized by section 130005 of Public Law

5 103–322, $2,991,000, to remain available until expended,

6 which shall be derived from the Violent Crime Reduction

7 Trust Fund.

8 SALARIES AND EXPENSES, ANTITRUST DIVISION

9 For expenses necessary for the enforcement of antitrust

10 and kindred laws, $69,143,000: Provided, That notwith11 standing any other provision of law, not to exceed

12 $48,262,000 of offsetting collections derived from fees col13 lected for premerger notification filings under the Hart14 Scott-Rodino Antitrust Improvements Act of 1976 (15

15 U.S.C. 18(a)) shall be retained and used for necessary ex16 penses in this appropriation, and shall remain available

17 until expended: Provided further, That the sum herein ap18 propriated from the General Fund shall be reduced as such

19 offsetting collections are received during fiscal year 1996,

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

21 from the General Fund estimated at not more than

22 $20,881,000: Provided further, That any fees received in ex23 cess of $48,262,000 in fiscal year 1996, shall remain avail24 able until expended, but shall not be available for obligation

25 until October 1, 1996.
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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Office of the United

3 States Attorneys, including intergovernmental agreements,

4 $909,463,000, of which not to exceed $2,500,000 shall be

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

6 providing training of personnel of the Department of Jus7 tice in debt collection, (2) providing services to the Depart8 ment of Justice related to locating debtors and their prop9 erty, such as title searches, debtor skiptracing, asset

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

11 the costs of the Department of Justice for the sale of prop12 erty not covered by the sale proceeds, such as auctioneers’

13 fees and expenses, maintenance and protection of property

14 and businesses, advertising and title search and surveying

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

16 debts owed to the United States Government: Provided,

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

18 shall be available for official reception and representation

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

20 of those funds available for automated litigation support

21 contracts and $4,000,000 for security equipment shall re22 main available until expended.

23 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

24 ATTORNEYS

25 For activities authorized by sections 190001(b) and

26 190001(d) of Public Law 103–322, $30,000,000, to remain
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1 available until expended, which shall be derived from the

2 Violent Crime Reduction Trust Fund.

3 UNITED STATES TRUSTEE SYSTEM FUND

4 For the necessary expenses of the United States Trustee

5 Program, $103,183,000, as authorized by 28 U.S.C.

6 589a(a), to remain available until expended, for activities

7 authorized by section 115 of the Bankruptcy Judges, United

8 States Trustees, and Family Farmer Bankruptcy Act of

9 1986 (Public Law 99–554), which shall be derived from the

10 United States Trustee System Fund: Provided, That depos11 its to the Fund are available in such amounts as may be

12 necessary to pay refunds due depositors: Provided further,

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

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

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

16 States Code, as amended, shall be retained and used for nec17 essary expenses in this appropriation: Provided further,

18 That the $103,183,000 herein appropriated from the United

19 States Trustee System Fund shall be reduced as such offset20 ting collections are received during fiscal year 1996, so as

21 to result in a final fiscal year 1996 appropriation from

22 such Fund estimated at not more than $58,992,000: Pro23 vided further, That any of the aforementioned fees collected

24 in excess of $44,191,000 in fiscal year 1996 shall remain

25 available until expended, but shall not be available for obli26 gation until October 1, 1996.
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1 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

2 COMMISSION

3 For expenses necessary to carry out the activities of

4 the Foreign Claims Settlement Commission, including serv5 ices as authorized by 5 U.S.C. 3109, $905,000.

6 SALARIES AND EXPENSES, UNITED STATES MARSHALS

7 SERVICE

8 For necessary expenses of the United States Marshals

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

10 operation of vehicles and aircraft, and the purchase of pas11 senger motor vehicles for police-type use without regard to

12 the general purchase price limitation for the current fiscal

13 year; $439,639,000, as authorized by 28 U.S.C. 561(i), of

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

15 reception and representation expenses.

16 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

17 MARSHALS SERVICE

18 For activities authorized by section 190001(b) of Pub19 lic Law 103–322, $15,000,000, to remain available until

20 expended, which shall be derived from the Violent Crime

21 Reduction Trust Fund.

22 FEDERAL PRISONER DETENTION

23 For expenses related to United States prisoners in the

24 custody of the United States Marshals Service as authorized

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

26 provided for in appropriations available to the Attorney
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1 General; $295,331,000, as authorized by 28 U.S.C. 561(i),

2 to remain available until expended.

3 FEES AND EXPENSES OF WITNESSES

4 For expenses, mileage, compensation, and per diems

5 of witnesses, for expenses of contracts for the procurement

6 and supervision of expert witnesses, for private counsel ex7 penses, and for per diems in lieu of subsistence, as author8 ized by law, including advances, $85,000,000, to remain

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

10 may be made available for planning, construction, renova11 tion, maintenance, remodeling, and repair of buildings and

12 the purchase of equipment incident thereto for protected

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

14 made available for the purchase and maintenance of ar15 mored vehicles for transportation of protected witnesses;

16 and of which not to exceed $4,000,000 may be made avail17 able for the purchase, installation and maintenance of a

18 secure automated information network to store and retrieve

19 the identities and locations of protected witnesses.

20 COMMUNITY RELATIONS SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the Community Relations

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

24 1964, $10,638,000: Provided, That such additional funds

25 as may be necessary for the resettlement of Cuban and Hai26 tian entrants shall be available to the Community Relations
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1 Service, without fiscal year limitation, to be reimbursed

2 from the Immigration Examinations Fee Account.

3 ASSETS FORFEITURE FUND

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

5 (B), (C), (F), and (G), as amended, $35,000,000 to be de6 rived from the Department of Justice Assets Forfeiture

7 Fund.

8 RADIATION EXPOSURE COMPENSATION

9 ADMINISTRATIVE EXPENSES

10 For necessary administrative expenses in accordance

11 with the Radiation Exposure Compensation Act,

12 $2,655,000.

13 PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST

14 FUND

15 For payments to the Radiation Exposure Compensa16 tion Trust Fund, $16,264,000, to become available on Octo17 ber 1, 1996.

18 INTERAGENCY LAW ENFORCEMENT

19 INTERAGENCY CRIME AND DRUG ENFORCEMENT

20 For necessary expenses for the detection, investigation,

21 and prosecution of individuals involved in organized crime

22 drug trafficking not otherwise provided for, to include inter23 governmental agreements with State and local law enforce24 ment agencies engaged in the investigation and prosecution

25 of individuals involved in organized crime drug trafficking,

26 $359,843,000, of which $50,000,000 shall remain available
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1 until expended: Provided, That any amounts obligated from

2 appropriations under this heading may be used under au3 thorities available to the organizations reimbursed from this

4 appropriation: Provided further, That any unobligated bal5 ances remaining available at the end of the fiscal year shall

6 revert to the Attorney General for reallocation among par7 ticipating organizations in succeeding fiscal years, subject

8 to the reprogramming procedures described in section 605

9 of this Act.

10 FEDERAL BUREAU OF INVESTIGATION

11 SALARIES AND EXPENSES

12 For expenses necessary for detection, investigation, and

13 prosecution of crimes against the United States; including

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

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

16 without regard to the general purchase price limitation for

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

18 acquisition, lease, maintenance and operation of aircraft;

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

20 of a confidential character, to be expended under the direc21 tion of, and to be accounted for solely under the certificate

22 of, the Attorney General; $2,304,171,000, of which not to

23 exceed $50,000,000 for automated data processing and tele24 communications and technical investigative equipment and

25 $1,000,000 for undercover operations shall remain available
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1 until September 30, 1997; of which not less than

2 $121,345,000 shall be for counterterrorism investigations,

3 foreign counterintelligence, and other activities related to

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

5 shall remain available until expended; and of which not to

6 exceed $10,000,000 is authorized to be made available for

7 making payments or advances for expenses arising out of

8 contractual or reimbursable agreements with State and

9 local law enforcement agencies while engaged in cooperative

10 activities related to violent crime, terrorism, organized

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

12 shall be available to maintain an independent program of13 fice dedicated solely to the relocation of the Criminal Justice

14 Information Services Division and the automation of fin15 gerprint identification services: Provided, That not to ex16 ceed $45,000 shall be available for official reception and

17 representation expenses.

18 VIOLENT CRIME REDUCTION PROGRAMS

19 For activities authorized by Public Law 103–322 or

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

21 $202,500,000, to remain available until expended, which

22 shall be derived from the Violent Crime Reduction Trust

23 Fund, of which $50,000,000 shall be for activities author24 ized in section 521(a)(1) of Senate bill 735; of which

25 $42,820,000 shall be for activities authorized in section

26 521(a)(2) of said Act; of which $13,900,000 shall be for ac-
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1 tivities authorized in section 521(a)(5) of said Act; and of

2 which $88,280,000 shall be for activities authorized in sec3 tion 521(a)(7) of said Act; of which $5,500,000 shall be for

4 activities authorized by section 210306 of Public Law 103–

5 322; and of which $2,000,000 shall be for activities author6 ized by section 210501 of Public Law 103–322.

7 CONSTRUCTION

8 For necessary expenses to construct or acquire build9 ings and sites by purchase, or as otherwise authorized by

10 law (including equipment for such buildings); conversion

11 and extension of federally-owned buildings; and prelimi12 nary planning and design of projects; $98,800,000, to re13 main available until expended.

14 DRUG ENFORCEMENT ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Drug Enforcement Ad17 ministration, including not to exceed $70,000 to meet un18 foreseen emergencies of a confidential character, to be ex19 pended under the direction of, and to be accounted for solely

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

21 conducting drug education and training programs, includ22 ing travel and related expenses for participants in such pro23 grams and the distribution of items of token value that pro24 mote the goals of such programs; purchase of not to exceed

25 1,208 passenger motor vehicles, of which 1,178 will be for

26 replacement only, for police-type use without regard to the
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1 general purchase price limitation for the current fiscal year;

2 and acquisition, lease, maintenance, and operation of air3 craft; $790,000,000, of which not to exceed $1,800,000 for

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

5 Control Fee Account for operating expenses shall remain

6 available until expended, and of which not to exceed

7 $4,000,000 for purchase of evidence and payments for infor8 mation, not to exceed $4,000,000 for contracting for ADP

9 and telecommunications equipment, and not to exceed

10 $2,000,000 for technical and laboratory equipment shall re11 main available until September 30, 1997, and of which not

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

13 and representation expenses.

14 VIOLENT CRIME REDUCTION PROGRAMS

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

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

17 $60,000,000, to remain available until expended, which

18 shall be derived from the Violent Crime Reduction Trust

19 Fund.

20 IMMIGRATION AND NATURALIZATION SERVICE

21 SALARIES AND EXPENSES

22 For expenses, not otherwise provided for, necessary for

23 the administration and enforcement of the laws relating to

24 immigration, naturalization, and alien registration, in25 cluding not to exceed $50,000 to meet unforeseen emer26 gencies of a confidential character, to be expended under
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1 the direction of, and to be accounted for solely under the

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

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

4 only) without regard to the general purchase price limita5 tion for the current fiscal year, and hire of passenger motor

6 vehicles; acquisition, lease, maintenance and operation of

7 aircraft; and research related to immigration enforcement;

8 $953,934,000, of which not to exceed $400,000 for research

9 shall remain available until expended, and of which not to

10 exceed $10,000,000 shall be available for costs associated

11 with the training program for basic officer training: Pro12 vided, That none of the funds available to the Immigration

13 and Naturalization Service shall be available for adminis14 trative expenses to pay any employee overtime pay in an

15 amount in excess of $25,000 during the calendar year begin16 ning January 1, 1996: Provided further, That uniforms

17 may be purchased without regard to the general purchase

18 price limitation for the current fiscal year: Provided fur19 ther, That not to exceed $5,000 shall be available for official

20 reception and representation expenses: Provided further,

21 That the Attorney General may transfer to the Department

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

24 status of persons seeking employment in the United States:

25 Provided further, That the Office of Public Affairs at the
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1 Immigration and Naturalization Service shall conduct its

2 business in areas only relating to its central mission, in3 cluding: research, analysis, and dissemination of informa4 tion, through the media and other communications outlets,

5 relating to the activities of the Immigration and Natu6 ralization Service: Provided further, That the Office of Con7 gressional Relations at the Immigration and Naturaliza8 tion Service shall conduct business in areas only relating

9 to its central mission, including: providing services to Mem10 bers of Congress relating to constituent inquiries and re11 quests for information; and working with the relevant con12 gressional committees on proposed legislation affecting im13 migration matters.

14 VIOLENT CRIME REDUCTION PROGRAMS

15 For activities authorized by sections 130005, 130006,

16 and 130007 of Public Law 103–322, $165,362,000, to re17 main available until expended, which shall be derived from

18 the Violent Crime Reduction Trust Fund, of which

19 $20,360,000 shall be for expeditious deportation of denied

20 asylum applicants, $104,463,000 for improving border con21 trols, and $40,539,000 for expanded special deportation

22 proceedings.

23 BORDER PATROL

24 SALARIES AND EXPENSES

25 For expenses necessary for Border Patrol Operations,

26 $489,200,000, to remain available until expended.
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1 VIOLENT CRIME REDUCTION PROGRAMS

2 Section 245(i) of the Immigration and Nationality Act

3 (8 U.S.C. 1255(i)) is amended—

4 (1) in the second sentence of paragraph (1), by

5 striking ‘‘five’’ and inserting ‘‘ten’’; and

6 (2) in paragraph (3), by inserting before the pe7 riod at the end the following: ‘‘or, notwithstanding

8 any other provision of law, may be deposited as off9 setting collections in the Immigration and Natu10 ralization Service ‘‘Salaries and Expenses’’ appro11 priations account to be available to support border

12 enforcement and control programs’’.

13 The amendments made by this section shall apply to

14 funds remitted with applications for adjustment of status

15 which were filed on or after the date of enactment of this

16 Act.

17 For activities authorized by section 130016 of Public

18 Law 103–322, $10,300,000, to remain available until ex19 pended, which shall be derived from the Violent Crime Re20 duction Trust Fund.

21 CONSTRUCTION

22 For planning, construction, renovation, equipping and

23 maintenance of buildings and facilities necessary for the ad24 ministration and enforcement of the laws relating to immi25 gration, naturalization, and alien registration, not other-
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1 wise provided for, $35,000,000, to remain available until

2 expended.

3 FEDERAL PRISON SYSTEM

4 SALARIES AND EXPENSES

5 For expenses necessary for the administration, oper6 ation, and maintenance of Federal penal and correctional

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

8 559 are for replacement only) and hire of law enforcement

9 and passenger motor vehicles; and for the provision of tech10 nical assistance and advice on corrections related issues to

11 foreign governments; $2,574,578,000: Provided, That there

12 may be transferred to the Health Resources and Services

13 Administration such amounts as may be necessary, in the

14 discretion of the Attorney General, for direct expenditures

15 by that Administration for medical relief for inmates of

16 Federal penal and correctional institutions: Provided fur17 ther, That the Director of the Federal Prison System (FPS),

18 where necessary, may enter into contracts with a fiscal

19 agent/fiscal intermediary claims processor to determine the

20 amounts payable to persons who, on behalf of the FPS, fur21 nish health services to individuals committed to the custody

22 of the FPS: Provided further, That uniforms may be pur23 chased without regard to the general purchase price limita24 tion for the current fiscal year: Provided further, That not

25 to exceed $6,000 shall be available for official reception and
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1 representation expenses: Provided further, That not to ex2 ceed $50,000,000 for the activation of new facilities shall

3 remain available until September 30, 1997: Provided fur4 ther, That of the amounts provided for Contract Confine5 ment, not to exceed $20,000,000 shall remain available

6 until expended to make payments in advance for grants,

7 contracts and reimbursable agreements and other expenses

8 authorized by section 501(c) of the Refugee Education As9 sistance Act of 1980 for the care and security in the United

10 States of Cuban and Haitian entrants: Provided further,

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

12 privatize any Federal prison facilities located in Forrest

13 City, Arkansas, and Yazoo City, Mississippi.

14 VIOLENT CRIME REDUCTION PROGRAMS

15 For substance abuse treatment in Federal prisons as

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

17 $13,500,000, to remain available until expended, which

18 shall be derived from the Violent Crime Reduction Trust

19 Fund.

20 NATIONAL INSTITUTE OF CORRECTIONS

21 For carrying out the provisions of sections 4351–4353

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

23 Institute of Corrections, and for the provision of technical

24 assistance and advice on corrections related issues,

25 $8,000,000, to remain available until expended.
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1 BUILDINGS AND FACILITIES

2 For planning, acquisition of sites and construction of

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

5 and equipping of such facilities for penal and correctional

6 use, including all necessary expenses incident thereto, by

7 contract or force account; and constructing, remodeling,

8 and equipping necessary buildings and facilities at existing

9 penal and correctional institutions, including all necessary

10 expenses incident thereto, by contract or force account;

11 $349,410,000, to remain available until expended, of which

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

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

14 United States prisoners may be used for work performed

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

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

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

19 notification by the Attorney General to the Committees on

20 Appropriations of the House of Representatives and the

21 Senate in compliance with provisions set forth in section

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

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

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

2 The Federal Prison Industries, Incorporated, is hereby

3 authorized to make such expenditures, within the limits of

4 funds and borrowing authority available, and in accord

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

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

9 for the current fiscal year for such corporation, including

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

11 hire of passenger motor vehicles.

12 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

13 PRISON INDUSTRIES, INCORPORATED

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

15 shall be available for its administrative expenses, and for

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

17 on an accrual basis to be determined in accordance with

18 the corporation’s current prescribed accounting system, and

19 such amounts shall be exclusive of depreciation, payment

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

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

2 JUSTICE ASSISTANCE

3 For grants, contracts, cooperative agreements, and

4 other assistance authorized by title I of the Omnibus Crime

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

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

7 salaries and expenses in connection therewith, and with the

8 Victims of Crime Act of 1984, as amended, $102,345,000,

9 to remain available until expended, as authorized by section

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

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

12 3524).

13 VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE

14 ASSISTANCE

15 For assistance (including amounts for administrative

16 costs for management and administration, which amounts

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

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

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

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

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

23 $242,900,000, to remain available until expended, which

24 shall be derived from the Violent Crime Reduction Trust

25 Fund; of which $30,000,000 shall be for the Local Crime

26 Prevention Block Grant Program, as authorized by section
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1 30201 of the Violent Crime Control and Law Enforcement

2 Act of 1994; $6,000,000 shall be for the Court Appointed

3 Special Advocate Program, as authorized by section 218 of

4 the 1990 Act; $750,000 for Child Abuse Training Programs

5 for Judicial Personnel and Practitioners, as authorized by

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

7 Combat Violence Against Women to States, units of local

8 governments and Indian tribal governments, as authorized

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

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

11 governments and Indian tribal governments, as authorized

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

13 Rural Domestic Violence and Child Abuse Enforcement As14 sistance Grants, as authorized by section 40295 of the 1994

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

16 and parole officers who work with released sex offenders,

17 as authorized by section 40152(c) of the Violent Crime Con18 trol and Law Enforcement Act of 1994; $500,000 for Fed19 eral victim’s counselors, as authorized by section 40114 of

20 that Act; $50,000 for grants for televised testimony, as au21 thorized by section 1001(a)(7) of the Omnibus Crime Con22 trol and Safe Streets Act of 1968; $200,000 for the study

23 of State databases on the incidence of sexual and domestic

24 violence, as authorized by section 40292 of the Violent

25 Crime Control and Law Enforcement Act of 1994;
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1 $1,500,000 for national stalker and domestic violence reduc2 tion, as authorized by section 40603 of that Act;

3 $27,000,000 for grants for residential substance abuse treat4 ment for State prisoners pursuant to section 1001(a)(17)

5 of the 1968 Act; $10,000,000 for grants for rural drug en6 forcement assistance pursuant to section 1001(a)(9) of the

7 1968 Act; and $900,000 for the Missing Alzheimer’s Disease

8 Patient Alert Program, as authorized by section 240001(d)

9 of the 1994 Act: Provided further, That any balances for

10 these programs shall be transferred to and merged with this

11 appropriation.

12 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

13 For grants, contracts, cooperative agreements, and

14 other assistance authorized by part E of title I of the Omni15 bus Crime Control and Safe Streets Act of 1968, as amend16 ed, for State and Local Narcotics Control and Justice As17 sistance Improvements, notwithstanding the provisions of

18 section 511 of said Act, $300,000,000, to remain available

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

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

21 3524): Provided, That not more than $30,000,000 shall be

22 made available to carry out the provisions of chapter A of

23 subpart 2 of part E of title I of said Act, for discretionary

24 grants under the Edward Byrne Memorial State and Local

25 Law Enforcement Assistance Programs: Provided further,

26 That not more than $250,000,000 shall be made available
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1 to carry out the provisions of subpart 1, part E of title

2 I of said Act, for formula grants under the Edward Byrne

3 Memorial State and Local Law Enforcement Assistance

4 Programs: Provided further, That balances of amounts ap5 propriated prior to fiscal year 1995 under the authorities

6 of this account shall be transferred to and merged with this

7 account.

8 To carry out chapter A of subpart 2 of part E of title

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

10 1968, for discretionary grants under the Edward Byrne Me11 morial State and Local Law Enforcement Assistance Pro12 grams, $50,000,000, which shall be derived from the Violent

13 Crime Reduction Trust Fund.

14 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL

15 LAW ENFORCEMENT ASSISTANCE

16 For assistance (including amounts for administrative

17 costs for management and administration, which amounts

18 shall be transferred to and merged with the ‘‘Justice Assist19 ance’’ account) authorized by the Violent Crime Control and

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

21 1994 Act’’); the Omnibus Crime Control and Safe Streets

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

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

24 $3,097,100,000, to remain available until expended, which

25 shall be derived from the Violent Crime Reduction Trust

26 Fund; of which $1,690,000,000 shall be for Public Safety
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1 Partnership and Community Policing pursuant to title I

2 of the Violent Crime Control and Law Enforcement Act of

3 1994; $100,000,000 shall be for drug courts pursuant to title

4 V of the 1994 Act; $25,000,000 for grants to upgrade crimi5 nal records, as authorized by section 106(b) of the Brady

6 Handgun Violence Prevention Act of 1993, as amended, and

7 section 4(b) of the National Child Protection Act of 1993;

8 $225,000,000 as authorized by section 1001 of title I of the

9 1968 Act, which shall be available to carry out the provi10 sions of subpart 1, part E of title I of the 1968 Act, notwith11 standing section 511 of said Act, for the Edward Byrne Me12 morial State and Local Law Enforcement Assistance Pro13 grams; $300,000,000 for the State Criminal Alien Assist14 ance Program, as authorized by section 242(j) of the Immi15 gration and Nationality Act, as amended; $15,000,000 for

16 Youthful Offender Incarceration Grants, as authorized by

17 section 1001(a)(16) of the 1968 Act; $2,000,000 for the

18 Ounce of Prevention Council pursuant to subtitle A of title

19 III of the Violent Crime Control and Law Enforcement Act

20 (Public Law 103–322); $726,800,000 for Violent Offender

21 Incarceration and Truth in Sentencing Incentive Grants

22 pursuant to subtitle A of title II of the Violent Crime Con23 trol and Law Enforcement Act of 1994 (as amended by sec24 tion 114 of this Act); $1,000,000 for grants to States and

25 units of local government for projects to improve DNA anal-
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1 ysis, as authorized by section 1001(a)(22) of the 1968 Act;

2 $9,000,000 for Improved Training and Technical Automa3 tion Grants, as authorized by section 210501(c)(1) of the

4 1994 Act; $1,200,000 for Law Enforcement Family Support

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

6 Act; $1,100,000 for Motor Vehicle Theft Prevention Pro7 grams, as authorized by section 220002(h) of the 1994 Act;

8 $1,000,000 for Gang Investigation Coordination and Infor9 mation Collection, as authorized by section 150006 of the

10 1994 Act: Provided, That funds made available in fiscal

11 year 1996 under subpart 1 of part E of title I of the Omni12 bus Crime Control and Safe Streets Act of 1968, as amend13 ed, may be obligated for programs to assist States in the

14 litigation processing of death penalty Federal habeas corpus

15 petitions: Provided further, That any 1995 balances for

16 these programs shall be transferred to and merged with this

17 appropriation: Provided further, That if a unit of local gov18 ernment uses any of the funds made available under this

19 title to increase the number of law enforcement officers, the

20 unit of local government will achieve a net gain in the num21 ber of law enforcement officers who perform nonadministra22 tive public safety service.

23 WEED AND SEED PROGRAM FUND

24 For necessary expenses, including salaries and related

25 expenses of the Executive Office for Weed and Seed, to im26 plement ‘‘Weed and Seed’’ program activities, $43,500,000,
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1 of which $43,500,000 shall be derived from discretionary

2 grants provided under the Edward Byrne Memorial State

3 and Local Law Enforcement Assistance Programs funded

4 by the Violent Crime Reduction Trust Fund, to remain

5 available until expended for intergovernmental agreements,

6 including grants, cooperative agreements, and contracts,

7 with State and local law enforcement agencies engaged in

8 the investigation and prosecution of violent crimes and

9 drug offenses in ‘‘Weed and Seed’’ designated communities,

10 and for either reimbursements or transfers to appropriation

11 accounts of the Department of Justice and other Federal

12 agencies which shall be specified by the Attorney General

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

14 That funds designated by Congress through language for

15 other Department of Justice appropriation accounts for

16 ‘‘Weed and Seed’’ program activities shall be managed and

17 executed by the Attorney General through the Executive Of18 fice for Weed and Seed: Provided further, That the Attorney

19 General may direct the use of other Department of Justice

20 funds and personnel in support of ‘‘Weed and Seed’’ pro21 gram activities only after the Attorney General notifies the

22 Committees on Appropriations of the House of Representa23 tives and the Senate in accordance with section 605 of this

24 Act.
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1 JUVENILE JUSTICE PROGRAMS

2 For grants, contracts, cooperative agreements, and

3 other assistance authorized by the Juvenile Justice and De4 linquency Prevention Act of 1974, as amended, including

5 salaries and expenses in connection therewith to be trans6 ferred to and merged with the appropriations for Justice

7 Assistance, $164,000,000, to remain available until ex8 pended, as authorized by section 299 of part I of title II

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

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

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

12 of the Act; (2) $30,000,000 shall be available for expenses

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

14 of the Act for prevention and treatment programs relating

15 to juvenile gangs, of which $20,000,000 shall be derived

16 from the discretionary grants provided under the Edward

17 Byrne Memorial State and Local Law Enforcement Assist18 ance Programs funded by the Violent Crime Reduction

19 Trust Fund; (3) $10,000,000 shall be available for expenses

20 authorized by section 285 of part E of title II of the Act;

21 (4) $4,000,000 shall be available for expenses authorized by

22 part G of title II of the Act for juvenile mentoring pro23 grams; and (5) $20,000,000 shall be available for expenses

24 authorized by title V of the Act for incentive grants for local

25 delinquency prevention programs.
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1 In addition, for grants, contracts, cooperative agree2 ments, and other assistance authorized by the Victims of

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

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

5 the Act: Provided, That balances of amounts appropriated

6 prior to fiscal year 1995 under the authorities of this ac7 count shall be transferred to and merged with this account.

8 PUBLIC SAFETY OFFICERS BENEFITS

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

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

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

12 remain available until expended, as authorized by section

13 6093 of Public Law 100–690 (102 Stat. 4339–4340), and,

14 in addition, $2,134,000, to remain available until ex15 pended, for payments as authorized by section 1201(b) of

16 said Act.

17 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

18 SEC. 101. In addition to amounts otherwise made

19 available in this title for official reception and representa20 tion expenses, a total of not to exceed $45,000 from funds

21 appropriated to the Department of Justice in this title shall

22 be available to the Attorney General for official reception

23 and representation expenses in accordance with distribu24 tions, procedures, and regulations established by the Attor25 ney General.
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1 SEC. 102. Subject to section 102(b) of the Department

2 of Justice and Related Agencies Appropriations Act, 1993,

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

4 in Public Law 96–132, ‘‘The Department of Justice Appro5 priation Authorization Act, Fiscal Year 1980,’’ shall re6 main in effect until the termination date of this Act or until

7 the effective date of a Department of Justice Appropriation

8 Authorization Act, whichever is earlier.

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

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

11 life of the mother would be endangered if the fetus were car12 ried to term, or in the case of rape: Provided, That should

13 this prohibition be declared unconstitutional by a court of

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

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

16 title shall be used to require any person to perform, or fa17 cilitate in any way the performance of, any abortion.

18 SEC. 105. Nothing in the preceding section shall re19 move the obligation of the Director of the Bureau of Prisons

20 to provide escort services necessary for a female inmate to

21 receive such service outside the Federal facility: Provided,

22 That nothing in this section in any way diminishes the

23 effect of section 104 intended to address the philosophical

24 beliefs of individual employees of the Bureau of Prisons.
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1 SEC. 106. Notwithstanding any other provision of law,

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

3 the Act may be used to pay rewards and shall not be subject

4 to spending limitations contained in sections 3059 and

5 3072 of title 18, United States Code: Provided, That any

6 reward of $100,000 or more, up to a maximum of

7 $2,000,000, may not be made without the personal approval

8 of the President or the Attorney General and such approval

9 may not be delegated.

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

11 made available for the current fiscal year for the Depart12 ment of Justice in this Act, including those derived from

13 the Violent Crime Reduction Trust Fund, may be trans14 ferred between such appropriations, but no such appropria15 tion, except as otherwise specifically provided, shall be in16 creased by more than 10 percent by any such transfers: Pro17 vided, That any transfer pursuant to this section shall be

18 treated as a reprogramming of funds under section 605 of

19 this Act and shall not be available for obligation or expendi20 ture except in compliance with the procedures set forth in

21 that section.

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

23 thereafter, amounts in the Federal Prison System’s Com24 missary Fund, Federal Prisons, which are not currently

25 needed for operations, shall be kept on deposit or invested
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1 in obligations of, or guaranteed by, the United States and

2 all earnings on such investments shall be deposited in the

3 Commissary Fund.

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

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

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

7 in section 605 of Public Law 103–121, and after satisfying

8 the transfer requirement in subparagraph (B) of this para9 graph, any excess unobligated balance remaining in the

10 Fund on September 30, 1995 shall be available to the Attor11 ney General, without fiscal year limitation, for any Federal

12 law enforcement, litigative/prosecutive, and correctional ac13 tivities, or any other authorized purpose of the Department

14 of Justice. Any amounts provided pursuant to this subpara15 graph may be used under authorities available to the orga16 nization receiving the funds.’’.

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

19 (1) no transfers may be made from Department

20 of Justice accounts other than those authorized in this

21 Act, or in previous or subsequent appropriations Acts

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

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

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

4 Office of Management and Budget or an allotment

5 advice issued by the Department of Justice.

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

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

8 or’’.

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

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

11 confirmed;’’.

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

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

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

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

19 plan is confirmed.’’.

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

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

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

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

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

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

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

5 SEC. 114. VIOLENT OFFENDER INCARCERATION AND TRUTH

6 IN SENTENCING GRANTS.

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

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

9 ‘‘Subtitle A—Violent Offender In10 carceration and Truth in Sen11 tencing Incentive Grants

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

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

14 may make grants to individual States and to States orga15 nized as multi-State compacts to construct, develop, expand,

16 modify, operate, or improve correctional facilities, includ17 ing prisons and jails, or boot camp facilities and other low

18 cost correctional facilities for nonviolent offenders that can

19 free conventional prison space for the confinement of violent

20 offenders, to ensure that prison cell space is available for

21 the confinement of violent offenders and to implement truth

22 in sentencing laws for sentencing violent offenders.

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

24 under this subtitle, a State or States organized as multi-
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1 State compacts shall submit an application to the Attorney

2 General that includes—

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

4 assurances that the State or States, have imple5 mented, or will implement, correctional policies and

6 programs, including truth in sentencing laws that en7 sure that violent offenders serve a substantial portion

8 of the sentences imposed, that are designed to provide

9 sufficiently severe punishment for violent offenders,

10 including violent juvenile offenders, and that the pris11 on time served is appropriately related to the deter12 mination that the inmate is a violent offender and for

13 a period of time deemed necessary to protect the pub14 lic;

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

16 enactment of the Department of Justice Appropria17 tions Act, 1996 practices indeterminant sentencing, a

18 demonstration that average times served for the of19 fenses of murder, rape, robbery, and assault in the

20 State exceed by at least 10 percent the national aver21 age of time served for such offenses in all of the

22 States;

23 ‘‘(2) assurances that the State or States have im24 plemented policies that provide for the recognition of

25 the rights and needs of crime victims;
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1 ‘‘(3) assurances that funds received under this

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

3 modify, operate, or improve conventional correctional

4 facilities;

5 ‘‘(4) assurances that the State or States have in6 volved counties and other units of local government,

7 when appropriate, in the construction, development,

8 expansion, modification, operation, or improvement

9 of correctional facilities designed to ensure the incar10 ceration of violent offenders, and that the State or

11 States will share funds received under this section

12 with counties and other units of local government,

13 taking into account the burden placed on the units of

14 local government when they are required to confine

15 sentenced prisoners because of overcrowding in State

16 prison facilities;

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

18 section will be used to supplement, not supplant,

19 other Federal, State, and local funds;

20 ‘‘(6) assurances that the State or States have im21 plemented, or will implement not later than 18

22 months after the date of enactment of the Department

23 of Justice Appropriations Act, 1996, policies to deter24 mine the veteran status of inmates and to ensure that
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1 incarcerated veterans receive the veterans benefits to

2 which they are entitled; and

3 ‘‘(7) if applicable, documentation of the multi4 State compact agreement that specifies the construc5 tion, development, expansion, modification, operation,

6 or improvement of correctional facilities.

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

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

9 percent of the total amount of funds appropriated to carry

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

11 1999, and 2000 shall be made available for truth in sentenc12 ing incentive grants. To be eligible to receive such a grant,

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

14 shall demonstrate that the State—

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

16 convicted of violent crimes serve not less than 85 per17 cent of the sentence imposed;

18 ‘‘(2) since 1993—

19 ‘‘(A) has increased the percentage of con20 victed violent offenders sentenced to prison;

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

22 that will be served in prison by convicted violent

23 offenders sentenced to prison; and

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

25 laws requiring that a person who is convicted of
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1 a violent crime shall serve not less than 85 per2 cent of the sentence imposed if—

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

4 or more prior occasions in a court of the

5 United States or of a State of a violent

6 crime or a serious drug offense; and

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

8 offense was committed after the defendant’s

9 conviction of the preceding violent crime or

10 serious drug offense; or

11 ‘‘(3) in the case of a State that on the date of

12 enactment of the Department of Justice Appropria13 tions Act, 1996 practices indeterminant sentencing, a

14 demonstration that average times served for the of15 fenses of murder, rape, robbery, and assault in the

16 State exceed by at least 10 percent the national aver17 age of time served for such offenses in all of the

18 States.

19 ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING INCEN20 TIVE FUNDS.—The amount available to carry out this sec21 tion for any fiscal year shall be allocated to each eligible

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

23 reported by such State to the Federal Bureau of Investiga24 tion for the previous year bears to the number of part 1
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1 violent crimes reported by all States to the Federal Bureau

2 of Investigation for the previous year.

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

4 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANT

5 PROGRAM.—Fifty percent of the total amount of funds ap6 propriated to carry out this subtitle for each of fiscal years

7 1996, 1997, 1998, 1999, and 2000 shall be made available

8 for violent offender incarceration grants. To be eligible to

9 receive such a grant, a State or States must meet the re10 quirements of section 20101(b).

11 ‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCARCER12 ATION FUNDS.—Funds made available to carry out this sec13 tion shall be allocated as follows:

14 ‘‘(1) 0.6 percent shall be allocated to each eligible

15 State, except that the United States Virgin Islands,

16 American Samoa, Guam, and the Northern Mariana

17 Islands each shall be allocated 0.05 percent.

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

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

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

21 reported by such State to the Federal Bureau of In22 vestigation for the previous year bears to the number

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

24 Federal Bureau of Investigation for the previous year.
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1 ‘‘SEC. 20104. RULES AND REGULATIONS.

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

3 date of enactment of the Department of Justice Appropria4 tions Act, 1996, the Attorney General shall issue rules and

5 regulations regarding the uses of grant funds received under

6 this subtitle.

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

8 1 violent crimes in any State for the previous year is un9 available or substantially inaccurate, the Attorney General

10 shall utilize the best available comparable data regarding

11 the number of violent crimes for the previous year for the

12 State for the purposes of allocation of funds under this sub13 title.

14 ‘‘SEC. 20105. DEFINITIONS.

15 ‘‘In this subtitle—

16 ‘‘(1) the term ‘part 1 violent crimes’ means mur17 der and non-negligent manslaughter, forcible rape,

18 robbery, and aggravated assault as reported to the

19 Federal Bureau of Investigation for purposes of the

20 Uniform Crime Reports;

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

22 the District of Columbia, the Commonwealth of Puer23 to Rico, the United States Virgin Islands, American

24 Samoa, Guam, and the Northern Mariana Islands;

25 and
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1 ‘‘(3) the term ‘indeterminate sentencing’ means a

2 system by which the court has discretion in imposing

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

4 maximum, and an administrative agency, or the

5 court, controls release between court-ordered mini6 mum and maximum sentence.’’.

7 ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

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

9 this subtitle—

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

11 ‘‘(2) $1,150,000,000 for fiscal year 1997;

12 ‘‘(3) $2,100,000,000 for fiscal year 1998;

13 ‘‘(4) $2,200,000,000 for fiscal year 1999; and

14 ‘‘(5) $2,270,000,000 for fiscal year 2000.’’.

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

16 353 or any other provision of law, the Federal Prison Sys17 tem may enter into contracts and other agreements with

18 private entities for the confinement of Federal prisoners for

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

20 years.

21 SEC. 116. Public Law 101–246 (104 Stat. 42) is

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

23 after ‘‘Drug Enforcement Administration’’.

24 SEC. 117. (a) Except as provided in subsection (b), the

25 restrictions on the commercial sale of goods and services
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1 produced or provided by the Federal Prison Industries pro2 vided in section 1761 of title 18, United States Code, and

3 any other provision of law shall not apply.

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

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

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

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

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

9 basis.

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

11 the appropriations of any additional appropriations.

12 SEC. 118. PROVISION RELATING TO VOTER REGISTRA13 TION.—(a) IN GENERAL.—Subsection (b) of section 4 of the

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

15 2(b)) is amended by striking ‘‘March 11, 1993’’ each place

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

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall take effect as if included in the provisions

19 of the National Voter Registration Act of 1993.

20 SEC. 119. (a) STATE COMPATIBILITY WITH FEDERAL

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

22 General shall make funds available to the chief executive

23 officer of each State to carry out the activities described

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

2 the funds made available under this subsection in conjunc3 tion with units of local government, other States, or com4 binations thereof, to carry out all or part of a program to

5 establish, develop, update, or upgrade—

6 (A) computerized identification systems that are

7 compatible and integrated with the databases of the

8 National Crime Information Center of the Federal

9 Bureau of Investigation;

10 (B) ballistics identification programs that are

11 compatible and integrated with the Drugfire Program

12 of the Federal Bureau of Investigation;

13 (C) the capability to analyze deoxyribonucleic

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

15 compatible and integrated with the combined DNA

16 Identification System (CODIS) of the Federal Bureau

17 of Investigation; and

18 (D) automated fingerprint identification systems

19 that are compatible and integrated with the Inte20 grated Automated Fingerprint Identification System

21 (IAFIS) of the Federal Bureau of Investigation.

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

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

24 convicted of a felony of a sexual nature shall provide a sam25 ple of blood, saliva, or other specimen necessary to conduct
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1 a DNA analysis consistent with the standards established

2 for DNA testing by the Director of the Federal Bureau of

3 Investigation.

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

5 a compact or compacts with another State or States to

6 carry out this section.

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

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

9 based on the following formula:

10 (1) .25 percent shall be allocated to each of the

11 participating States.

12 (2) Of the total funds remaining after the alloca13 tion under paragraph (1), each State shall be allo14 cated an amount that bears the same ratio to the

15 amount of such funds as the population of such State

16 bears to the population of all States.

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

18 hereby appropriated to carry out this section $60,000,000

19 for fiscal year 1996.

20 SEC. 120. EVALUATION OF CRIME PREVENTION PROGRAMS

21 AND DEVELOPMENT OF NATIONAL CRIME

22 PREVENTION RESEARCH AND EVALUATION

23 STRATEGY

24 (a) EVALUATION OF CRIME PREVENTION PRO25 GRAMS.—The Attorney General shall provide, directly or
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1 through grants and contracts, for the comprehensive and

2 thorough evaluation of the effectiveness of the following pro3 grams funded by this title:

4 (1) The Local Crime Prevention Block Grant

5 program under subtitle B of title III of the Violent

6 Crime Control and Law Enforcement Act of 1994.

7 (2) The Weed and Seed Program.

8 (3) The Youth Gangs Program under part D of

9 title II of the Juvenile Justice and Delinquency Pre10 vention Act of 1974.

11 (b) NATIONAL CRIME PREVENTION RESEARCH AND

12 EVALUATION STRATEGY.—

13 (1) STRATEGY.—Not later than 9 months after

14 the date of enactment of this Act, the Attorney Gen15 eral shall formulate and publish a unified national

16 crime prevention research and evaluation strategy

17 that will result in timely reports to Congress and to

18 State and local governments regarding the impact

19 and effectiveness of the crime and violence prevention

20 initiatives described in subsection (a).

21 (2) STUDIES.—Consistent with the strategy de22 veloped pursuant to paragraph (1), the Attorney Gen23 eral may use crime prevention research and evalua24 tion funds reserved under subsection (e) to conduct

25 studies and demonstrations regarding the effectiveness
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1 of crime prevention programs and strategies that are

2 designed to achieve the same purposes as the pro3 grams under this section, without regard to whether

4 such programs receive Federal funding.

5 (c) EVALUATION AND RESEARCH CRITERIA.—

6 (1) INDEPENDENT EVALUATIONS AND RE7 SEARCH.—Evaluations and research studies con8 ducted pursuant to this section shall be independent

9 in nature, and shall employ rigorous and scientif10 ically recognized standards and methodologies.

11 (2) CONTENT OF EVALUATIONS.—Evaluations

12 conducted pursuant to this section shall include meas13 ures of—

14 (A) reductions in delinquency, juvenile

15 crime, youth gang activity, youth substance

16 abuse, and other high risk-factors;

17 (B) reductions in risk factors in young peo18 ple that contribute to juvenile violence, including

19 academic failure, excessive school absenteeism,

20 and dropping out of school;

21 (C) reductions in risk factors in the commu22 nity, schools, and family environments that con23 tribute to juvenile violence; and
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1 (D) the increase in the protective factors

2 that reduce the likelihood of delinquency and

3 criminal behavior.

4 (d) COMPLIANCE WITH EVALUATION MANDATE.—The

5 Attorney General may require the recipients of Federal as6 sistance under this Act to collect, maintain, and report in7 formation considered to be relevant to any evaluation con8 ducted pursuant to subsection (a), and to conduct and par9 ticipate in specified evaluation and assessment activities

10 and functions.

11 (e) RESERVATION OF FUNDS FOR EVALUATION AND

12 RESEARCH

13 (1) IN GENERAL.—The Attorney General shall

14 reserve not less than 2 percent, and not more than 3

15 percent, of the amounts appropriated to carry out the

16 programs described in subsection (a) in each fiscal

17 year to carry out the evaluation and research re18 quired by this section.

19 (2) ASSISTANCE TO GRANTEES AND EVALUATED

20 PROGRAMS.—To facilitate the conduct and defray the

21 costs of crime prevention program evaluation and re22 search, the Attorney General shall use funds reserved

23 under this subsection to provide compliance assistance

24 to—
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1 (A) grantees under this programs described

2 in subsection (a) who are selected to participate

3 in evaluations pursuant to subsection (d); and

4 (B) other agencies and organizations that

5 are requested to participate in evaluations and

6 research pursuant to subsection (b)(2).

7 SEC. 121. Notwithstanding any other provision of law,

8 a Federal, State, or local government agency may not use

9 a voter registration card (or other related document) that

10 evidences registration for an election for Federal office, as

11 evidence to prove United States citizenship.

12 SEC. 122. Notwithstanding any other provision of law,

13 amounts appropriated for fiscal year 1996 under this Act

14 to carry out section 242(j) of the Immigration and Nation15 ality Act shall be allocated by the Attorney General in a

16 manner which ensures that each eligible State and political

17 subdivision of a State shall be reimbursed for their total

18 aggregate costs for the incarceration of undocumented

19 criminal aliens during fiscal years 1995 and 1996 at the

20 same pro rata rate.

21 SEC. 123. TRANSPORTATION OF ADMINISTRATOR OF THE

22 DRUG ENFORCEMENT ADMINISTRATION.

23 Section 1344(b)(6) of title 31, United States Code, is

24 amended to read as follows:
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1 ‘‘(6) the Director of the Central Intelligence

2 Agency, the Director of the Federal Bureau of Inves3 tigation, and the Administrator of the Drug Enforce4 ment Administration;’’.

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

6 Appropriations Act, 1996’’.

7 TITLE II—DEPARTMENT OF COMMERCE AND

8 RELATED AGENCIES

9 TRADE AND INFRASTRUCTURE DEVELOPMENT

10 RELATED AGENCIES

11 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the United

14 States Trade Representative, including the hire of passenger

15 motor vehicles and the employment of experts and consult16 ants as authorized by 5 U.S.C. 3109, $20,889,000, of which

17 $2,500,000 shall remain available until expended: Provided,

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

19 reception and representation expenses.

20 INTERNATIONAL TRADE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the International Trade

23 Commission, including hire of passenger motor vehicles and

24 services as authorized by 5 U.S.C. 3109, and not to exceed
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1 $2,500 for official reception and representation expenses,

2 $34,000,000, to remain available until expended.

3 DEPARTMENT OF COMMERCE

4 INTERNATIONAL TRADE ADMINISTRATION

5 OPERATIONS AND ADMINISTRATION

6 For necessary expenses for international trade activi7 ties of the Department of Commerce provided for by law,

8 and engaging in trade promotional activities abroad, in9 cluding expenses of grants and cooperative agreements for

10 the purpose of promoting exports of United States firms,

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

12 coverage for dependent members of immediate families of

13 employees stationed overseas and employees temporarily

14 posted overseas; travel and transportation of employees of

15 the United States and Foreign Commercial Service between

16 two points abroad, without regard to 49 U.S.C. 1517; em17 ployment of Americans and aliens by contract for services;

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

19 and expenses of alteration, repair, or improvement; pur20 chase or construction of temporary demountable exhibition

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

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

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

24 $327,000 for official representation expenses abroad; pur25 chase of passenger motor vehicles for official use abroad, not
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1 to exceed $30,000 per vehicle; obtain insurance on official

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

3 $266,079,000, to remain available until expended: Pro4 vided, That the provisions of the first sentence of section

5 105(f) and all of section 108(c) of the Mutual Educational

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

7 2458(c)) shall apply in carrying out these activities without

8 regard to 15 U.S.C. 4912; and that for the purpose of this

9 Act, contributions under the provisions of the Mutual Edu10 cational and Cultural Exchange Act shall include payment

11 for assessments for services provided as part of these activi12 ties.

13 EXPORT ADMINISTRATION

14 OPERATIONS AND ADMINISTRATION

15 For necessary expenses for export administration and

16 national security activities of the Department of Commerce,

17 including costs associated with the performance of export

18 administration field activities both domestically and

19 abroad; full medical coverage for dependent members of im20 mediate families of employees stationed overseas; employ21 ment of Americans and aliens by contract for services

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

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

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

25 first paragraph of 28 U.S.C. 2672 when such claims arise
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1 in foreign countries; not to exceed $15,000 for official rep2 resentation expenses abroad; awards of compensation to in3 formers under the Export Administration Act of 1979, and

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

5 motor vehicles for official use and motor vehicles for law

6 enforcement use with special requirement vehicles eligible

7 for purchase without regard to any price limitation other8 wise established by law; $38,604,000, to remain available

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

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

11 Mutual Educational and Cultural Exchange Act of 1961

12 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying

13 out these activities.

14 ECONOMIC DEVELOPMENT ADMINISTRATION

15 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

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

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

20 $89,000,000, $7,500,000 of which shall be for trade adjust21 ment assistance: Provided, That none of the funds appro22 priated or otherwise made available under this heading

23 may be used directly or indirectly for attorneys’ or consult24 ants’ fees in connection with securing grants and contracts

25 made by the Economic Development Administration: Pro-
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1 vided further, That, notwithstanding any other provision

2 of law, the Secretary of Commerce may provide financial

3 assistance for projects to be located on military installations

4 closed or scheduled for closure or realignment to grantees

5 eligible for assistance under the Public Works and Eco6 nomic Development Act of 1965, as amended, without it

7 being required that the grantee have title or ability to ob8 tain a lease for the property, for the useful life of the project,

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

10 financial assistance is necessary for the economic develop11 ment of the area: Provided further, That the Secretary of

12 Commerce may, as the Secretary considers appropriate,

13 consult with the Secretary of Defense regarding the title to

14 land on military installations closed or scheduled for clo15 sure or realignment.

16 SALARIES AND EXPENSES

17 For necessary expenses of administering the economic

18 development assistance programs as provided for by law,

19 $11,000,000: Provided, That these funds may be used to

20 monitor projects approved pursuant to title I of the Public

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

22 Trade Act of 1974, as amended, and the Community Emer23 gency Drought Relief Act of 1977.
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1 MINORITY BUSINESS DEVELOPMENT AGENCY

2 MINORITY BUSINESS DEVELOPMENT

3 The following sum is appropriated for Minority Busi4 ness Development in addition to such sums provided else5 where in this Act, $32,789,000.

6 Of the unobligated balances contained in this account,

7 $1,000,000 shall be transferred to the Commerce Reorga8 nization Transition Fund.

9 UNITED STATES TRAVEL AND TOURISM ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses of the United States Travel and

12 Tourism Administration, for implementing the rec13 ommendations from the White House Conference on Travel

14 and Tourism and for carrying out the transition of that

15 Administration into a public-private partnership,

16 $12,000,000.

17 ECONOMIC AND INFORMATION INFRASTRUCTURE

18 ECONOMIC AND STATISTICAL ANALYSIS

19 SALARIES AND EXPENSES

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

22 of Commerce, $46,896,000, to remain available until Sep23 tember 30, 1997.
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1 ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING

2 FUND

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

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

6 4912, charge fees necessary to recover the full costs incurred

7 in their production. Notwithstanding 31 U.S.C. 3302, re8 ceipts received from these data dissemination activities

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

10 out these purposes without further appropriation.

11 BUREAU OF THE CENSUS

12 SALARIES AND EXPENSES

13 For expenses necessary for collecting, compiling, ana14 lyzing, preparing, and publishing statistics, provided for by

15 law, $133,812,000.

16 PERIODIC CENSUSES AND PROGRAMS

17 For expenses necessary to collect and publish statistics

18 for periodic censuses and programs provided for by law,

19 $193,450,000, to remain available until expended.

20 NATIONAL TELECOMMUNICATIONS AND INFORMATION

21 ADMINISTRATION

22 SALARIES AND EXPENSES

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

24 National Telecommunications and Information Adminis25 tration, $8,000,000, to remain available until expended:

26 Provided, That notwithstanding 31 U.S.C. 1535(d), the Sec-
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1 retary of Commerce is authorized to retain and use as offset2 ting collections all funds transferred, or previously trans3 ferred, from other Government agencies for spectrum man4 agement, analysis, and operations and for all costs incurred

5 in telecommunications research, engineering, and related

6 activities by the Institute for Telecommunication Sciences

7 of the NTIA in furtherance of its assigned functions under

8 this paragraph and such funds received from other Govern9 ment agencies shall remain available until expended.

10 (TRANSFER OF FUNDS)

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

12 available until expended to be derived by transfer from un13 obligated balances of the Working Capital Fund in the De14 partment of Justice.

15 PUBLIC BROADCASTING FACILITIES, PLANNING AND

16 CONSTRUCTION

17 For grants authorized by section 392 of the Commu18 nications Act of 1934, as amended, $10,000,000, to remain

19 available until expended as authorized by section 391 of the

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

21 shall be available for program administration as authorized

22 by section 391 of the Act: Provided further, That notwith23 standing the provisions of section 391 of the Act, the prior

24 year unobligated balances may be made available for grants

25 for projects for which applications have been submitted and

26 approved during any fiscal year.
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1 INFORMATION INFRASTRUCTURE GRANTS

2 For grants authorized by section 392 of the Commu3 nications Act of 1934, as amended, $18,900,000, to remain

4 available until expended as authorized by section 391 of the

5 Act, as amended: Provided, That not to exceed $900,000

6 shall be available for program administration and other

7 support activities as authorized by section 391 of the Act

8 including support of the Advisory Council on National In9 formation Infrastructure: Provided further, That of the

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

11 available for telecommunications research activities for

12 projects related directly to the development of a national

13 information infrastructure: Provided further, That notwith14 standing the requirements of section 392(a) and 392(c) of

15 the Act, these funds may be used for the planning and con16 struction of telecommunications networks for the provision

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

18 public safety, or other social services: Provided further, That

19 in reviewing proposals for funding, the Telecommunications

20 and Information and Infrastructure Assistance Program

21 (also known as the National Information Infrastructure

22 program) shall add to the factors taken into consideration

23 the following: (1) the extent to which the proposed project

24 is consistent with State plans and priorities for the deploy25 ment of the telecommunications and information infra-
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1 structure and services; and (2) the extent to which the appli2 cant has planned and coordinated the proposed project with

3 other telecommunications and information entities in the

4 State.

5 PATENT AND TRADEMARK OFFICE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Patent and Trademark

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

11 Provided, That the funds made available under this heading

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

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

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

17 41 and 376, shall remain available until expended.

18 SCIENCE AND TECHNOLOGY

19 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

20 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

21 For necessary expenses of the National Institute of

22 Standards and Technology, $222,737,000, to remain avail23 able until expended, of which not to exceed $8,500,000 may

24 be transferred to the ‘‘Working Capital Fund’’, and of which

25 $1,200,000 shall be available for continuation of the pro-
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1 gram to integrate energy efficient building technology with

2 the use of structural materials made from underutilized or

3 waste products.

4 INDUSTRIAL TECHNOLOGY SERVICES

5 For necessary expenses of the Manufacturing Exten6 sion Partnership of the National Institute of Standards and

7 Technology and the Advanced Technology Program,

8 $101,600,000, to remain available until expended, of which

9 not to exceed $500,000 may be transferred to the ‘‘Working

10 Capital Fund’’: Provided, That none of the funds made

11 available under this heading in this or any other Act may

12 be used for the purposes of carrying out additional program

13 competitions under the Advanced Technology Program:

14 Provided further, That any unobligated balances available

15 from carryover of prior year appropriations under the Ad16 vanced Technology Program may be used only for the pur17 poses of providing continuation grants: Provided further,

18 That of the amounts provided in this paragraph

19 $76,300,000 is for the Manufacturing Extension Partner20 ship program.

21 CONSTRUCTION OF RESEARCH FACILITIES

22 For renovation of existing facilities, not otherwise pro23 vided for the National Institute of Standards and Tech24 nology, as authorized by 15 U.S.C. 278c–278e, $27,000,000,

25 to remain available until expended.
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1 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

2 OPERATIONS, RESEARCH, AND FACILITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of activities authorized by law

5 for the National Oceanic and Atmospheric Administration,

6 including acquisition, maintenance, operation, and hire of

7 aircraft; not to exceed 358 commissioned officers on the ac8 tive list; grants, contracts, or other payments to nonprofit

9 organizations for the purposes of conducting activities pur10 suant to cooperative agreements; and alteration, moderniza11 tion, and relocation of facilities as authorized by 33 U.S.C.

12 883i; $1,809,092,000, to remain available until expended:

13 Provided, That notwithstanding 31 U.S.C. 3302 but con14 sistent with other existing law, fees shall be assessed, col15 lected, and credited to this appropriation as offsetting col16 lections to be available until expended, to recover the costs

17 of administering aeronautical charting programs: Provided

18 further, That the sum herein appropriated from the general

19 fund shall be reduced as such additional fees are received

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

21 fund appropriation estimated at not more than

22 $1,806,092,000: Provided further, That any such additional

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

24 not be available for obligation until October 1, 1996: Pro25 vided further, That fees and donations received by the Na26 tional Ocean Service for the management of the national
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1 marine sanctuaries may be retained and used for the sala2 ries and expenses associated with those activities, notwith3 standing 31 U.S.C. 3302: Provided further, That in addi4 tion, $62,000,000 shall be derived by transfer from the fund

5 entitled ‘‘Promote and Develop Fishery Products and Re6 search Pertaining to American Fisheries’’: Provided fur7 ther, That grants to States pursuant to sections 306 and

8 306(a) of the Coastal Zone Management Act, as amended,

9 shall not exceed $2,000,000: Provided further, That the Na10 tional Weather Service shall expend not more than $700,000

11 to operate and maintain agricultural weather service cen12 ters.

13 COASTAL ZONE MANAGEMENT FUND

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

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

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

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

18 CONSTRUCTION

19 For repair and modification of, and additions to, ex20 isting facilities and construction of new facilities, and for

21 facility planning and design and land acquisition not oth22 erwise provided for the National Oceanic and Atmospheric

23 Administration, $50,000,000, to remain available until ex24 pended.
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1 FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION

2 For expenses necessary for the repair of vessels, includ3 ing related equipment to maintain the existing fleet for the

4 National Oceanic and Atmospheric Administration,

5 $8,000,000, to remain available until expended.

6 FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND

7 For carrying out the provisions of section 3 of Public

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

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

10 to remain available until expended.

11 FISHERMEN’S CONTINGENCY FUND

12 For carrying out the provisions of title IV of Public

13 Law 95–372, not to exceed $999,000, to be derived from re14 ceipts collected pursuant to that Act, to remain available

15 until expended.

16 FOREIGN FISHING OBSERVER FUND

17 For expenses necessary to carry out the provisions of

18 the Atlantic Tunas Convention Act of 1975, as amended

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

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

21 100–627) and the American Fisheries Promotion Act (Pub22 lic Law 96–561), there are appropriated from the fees im23 posed under the foreign fishery observer program authorized

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

25 until expended.
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1 FISHING VESSEL OBLIGATIONS GUARANTEES

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

3 Credit Reform Act of 1990, of guaranteed loans authorized

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

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

6 heading may be used to guarantee loans for the purchase

7 of any new or existing fishing vessel.

8 TECHNOLOGY ADMINISTRATION

9 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

10 TECHNOLOGY POLICY

11 SALARIES AND EXPENSES

12 For necessary expenses for the Under Secretary for

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

14 GENERAL ADMINISTRATION

15 SALARIES AND EXPENSES

16 For expenses necessary for the general administration

17 of the Department of Commerce provided for by law, includ18 ing not to exceed $3,000 for official entertainment,

19 $29,100,000.

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector Gen22 eral in carrying out the provisions of the Inspector General

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

24 by Public Law 100–504), $19,849,000.
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1 COMMERCE REORGANIZATION TRANSITION FUND

2 For deposit in the Commerce Reorganization Transi3 tion Fund established under section 206(c)(1) of this Act

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

5 $20,000,000, in addition to amounts made available by

6 transfer, which amount shall remain available until ex7 pended: Provided, That of these funds $4,000,000 shall be

8 remitted to the Office of Personnel Management for deposit

9 in the Treasury of the United States to the credit of the

10 Civil Service Retirement and Disability Fund.

11 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

13 appropriations and funds made available to the Depart14 ment of Commerce by this Act shall be available for the

15 activities specified in the Act of October 26, 1949 (15 U.S.C.

16 1514), to the extent and in the manner prescribed by the

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

18 advanced payments not otherwise authorized only upon the

19 certification of officials designated by the Secretary that

20 such payments are in the public interest.

21 SEC. 202. During the current fiscal year, appropria22 tions made available to the Department of Commerce by

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

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

25 and 1344; services as authorized by 5 U.S.C. 3109; and uni-
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1 forms or allowances therefor, as authorized by law (5 U.S.C.

2 5901–5902).

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

4 Act may be used to support the hurricane reconnaissance

5 aircraft and activities that are under the control of the

6 United States Air Force or the United States Air Force Re7 serve.

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

9 previous Act, or hereinafter made available to the Depart10 ment of Commerce shall be available to reimburse the Un11 employment Trust Fund or any other fund or account of

12 the Treasury to pay for any expenses paid before October

13 1, 1992, as authorized by section 8501 of title 5, United

14 States Code, for services performed after April 20, 1990, by

15 individuals appointed to temporary positions within the

16 Bureau of the Census for purposes relating to the 1990 de17 cennial census of population.

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

19 made available for the current fiscal year for the Depart20 ment of Commerce in this Act may be transferred between

21 such appropriations, but no such appropriation shall be in22 creased by more than 10 percent by any such transfers: Pro23 vided, That any transfer pursuant to this section shall be

24 treated as a reprogramming of funds under section 605 of

25 this Act and shall not be available for obligation or expendi-
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1 ture except in compliance with the procedures set forth in

2 that section.

3 SEC. 206. CONSOLIDATION OF FUNCTIONS OF COMMERCE

4 DEPARTMENT.

5 (a) CONSOLIDATION.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of law, the Director of the Office of Manage8 ment and Budget shall, in consultation with the Sec9 retary of Commerce—

10 (A) abolish, reorganize, consolidate, or

11 transfer such functions that either receive fund12 ing or are eliminated under this title as the Di13 rector considers appropriate in order to meet the

14 requirements and limitations set forth in this

15 title; and

16 (B) terminate or transfer such personnel as17 sociated with such functions as the Director con18 siders appropriate in order to meet such require19 ments and limitations.

20 (2) TRANSITION RULES.—The Director of the Of21 fice of Management and Budget shall establish such

22 rules and procedures relating to the abolishment, reor23 ganization, consolidation, or transfer of functions

24 under this subsection as the Director considers appro25 priate, including rules and procedures relating to the
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1 rights and responsibilities of personnel of the Govern2 ment terminated, transferred, or otherwise affected by

3 such the abolishment, reorganization, consolidation,

4 or transfer.

5 (b) BUY OUT AUTHORITY.—

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

7 may, for such officers and employees as the Secretary

8 considers appropriate as part of the activities of the

9 Secretary under subsection (a), authorize a payment

10 to officers and employees who voluntarily separate on

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

12 resignation.

13 (2) PAYMENT REQUIREMENT.—Payment under

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

15 provisions of sections 3 and 4 of the Federal

16 Workforce Restructuring Act of 1994 (Public Law

17 103–226; 108 Stat. 111), except that an employee of

18 the agency shall be deemed to be eligible for payment

19 of a voluntary separation incentive payment under

20 that section if the employee separates from service

21 with the agency during the period beginning on the

22 date of enactment of this Act and ending on December

23 15, 1995.

24 (3) FUNDING.—
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1 (A) IN GENERAL.—The payment of vol2 untary separation incentive payments under this

3 subsection shall be made from funds in the Com4 merce Reorganization Transition Fund estab5 lished under subsection (c).

6 (B) PAYMENT DEPENDENT ON FUNDING.—

7 The Secretary of Commerce may not pay vol8 untary separation incentive payments under this

9 subsection unless sufficient funds are available in

10 the Commerce Reorganization Fund to cover the

11 cost of such payments and the costs of any other

12 payments (including payments or deposits to re13 tirement systems) required in relation to such

14 payments.

15 (c) COMMERCE REORGANIZATION TRANSITION

16 FUND.—

17 (1) ESTABLISHMENT.—There is hereby estab18 lished on the books of the Treasury an account to be

19 known as the ‘‘Commerce Reorganization Transition

20 Fund’’.

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

22 provide funds for the following:

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

24 the abolishment, reorganization, consolidation, or

25 transfer of functions under subsection (a).
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1 (B) To the cover the costs of the payment of

2 payments under subsection (b), including any

3 payments or deposits to retirement systems re4 quired in relation to such payment.

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

6 account such sums as may be appropriated or trans7 ferred to the account.

8 (4) USE OF FUNDS.—Sums in the account shall

9 be available for the purpose set forth in paragraph

10 (2).

11 (5) REPORT ON ACCOUNT.—Not later than Octo12 ber 1, 1997, the Secretary of Commerce shall transmit

13 to the Committees on Appropriations and Commerce,

14 Science, and Transportation of the Senate and the

15 Committees on Appropriations and Government Re16 form and Oversight of the House of Representatives a

17 report containing an accounting of the expenditures

18 from the account established under this subsection.

19 SEC. 207. REPORT ON THE DOPPLER WEATHER SURVEIL20 LANCE RADAR.

21 (a) STUDY REQUIRED.—The Secretary of Commerce

22 shall conduct a study on the Doppler weather surveillance

23 radar (WSR–88D). The study shall include the following

24 elements:
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1 (1) An analysis of the property value lost by

2 property owners within 5 miles of the weather surveil3 lance radar as a result of the construction of the

4 weather surveillance radar.

5 (2) A statement of the cost of relocating a weath6 er surveillance radar to another location in any case

7 in which the Department has been asked to inves8 tigate such a relocation.

9 (b) REPORT.—The Secretary shall submit to Congress

10 a report on the study required under section (a) not later

11 than 90 days after the date of enactment of this Act.

12 SEC. 208. None of the funds appropriated under this

13 Act or any other law shall be used to implement subsections

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

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

16 legislation reauthorizing the Act is enacted or until the end

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

18 appropriated under this Act may be used to delist or reclas19 sify species pursuant to subsections 4(a)(2)(B),

20 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.

21 SEC. 209. TRANSFER OF TITLE TO THE RUTLAND CITY IN22 DUSTRIAL COMPLEX.

23 Notwithstanding any other provision of law (including

24 any regulation and including the Public Works and Eco25 nomic Development Act of 1965), the transfer of title to the
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1 Rutland City Industrial Complex to Hilinex, Vermont (as

2 related to Economic Development Administration Project

3 Number 01–11–01742) shall not require compensation to

4 the Federal Government for the fair share of the Federal

5 Government of that real property.

6 SEC. 210. LAND TRANSFER.

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

8 through the Assistant Secretary for Economic Development

9 of the Department of Commerce, shall—

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

11 the demolition of the structures on, and the cleanup

12 and environmental remediation on, the parcel of land

13 described in subsection (b);

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

15 demolition, cleanup, and environmental remediation

16 under paragraph (1); and

17 (3) not later than April 1, 1996, convey the par18 cel of land described in subsection (b), in accordance

19 with the requirements of section 120(h) of the Com20 prehensive Environmental Response, Compensation,

21 and Liability Act of 1980 (42 U.S.C. 9620(h)), to the

22 Tuscaloosa County Industrial Development Authority,

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

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

25 and the Authority.
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1 (b) LAND PARCEL.—The parcel of land referred to in

2 subsection (a) is the parcel of land consisting of approxi3 mately 41 acres in Holt, Alabama (in Tuscaloosa County),

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

5 as depicted on a map, and as described in a legal descrip6 tion, that the Secretary, acting through the Assistant Sec7 retary for Economic Development, determines to be satisfac8 tory.

9 SEC. 211. SENSE OF THE CONGRESS ON ECONOMIC DEVEL10 OPMENT ADMINISTRATION.

11 (a) FINDINGS.—The Congress finds that—

12 (1) assistance from the Economic Development

13 Administration (hereafter in this section referred to

14 as the ‘‘EDA’’) within the Department of Commerce

15 is an investment in the economic vitality of the Unit16 ed States;

17 (2) funding for the EDA within the Department

18 of Commerce is reduced by almost 80 percent in this

19 Act;

20 (3) the EDA serves a unique governmental func21 tion by providing grants, which are matched by local

22 funds, to distressed urban and rural areas that would

23 not otherwise receive funding;

24 (4) every EDA $1 invested generates $3 in out25 side investments, and during the past 30 years pre-
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1 ceding the date of enactment of this Act, the EDA has

2 invested more than $15,600,000,000 in depressed com3 munities, creating 2,800,000 jobs in the United

4 States;

5 (5) the EDA is one of a very few governmental

6 agencies that assists communities impacted by mili7 tary base closings and defense downsizing;

8 (6) the EDA has—

9 (A) become a more efficient and effective

10 agency by reducing regulations by 60 percent;

11 (B) trimmed the period for application

12 processing down to a 60-day period; and

13 (C) reduced its operating expenses; and

14 (7) the House of Representatives, on July 26,

15 1995, voiced strong bipartisan support for the EDA

16 by a vote of 315 to 110.

17 (b) SENSE OF THE CONGRESS.—It is the sense of the

18 Congress that the appropriation for the EDA for fiscal year

19 1996 should be at the House of Representatives-passed level

20 of $348,500,000.

21 This title may be cited as the ‘‘Department of Com22 merce and Related Agencies Appropriations Act, 1996’’.
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1 TITLE III—THE JUDICIARY

2 SUPREME COURT OF THE UNITED STATES

3 SALARIES AND EXPENSES

4 For expenses necessary for the operation of the Su5 preme Court, as required by law, excluding care of the

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

7 maintenance and operation of an automobile for the Chief

8 Justice, not to exceed $10,000 for the purpose of transport9 ing Associate Justices, and hire of passenger motor vehicles

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

11 $10,000 for official reception and representation expenses;

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

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

14 CARE OF THE BUILDING AND GROUNDS

15 For such expenditures as may be necessary to enable

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

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

18 13a–13b), $3,313,000, of which $565,000 shall remain

19 available until expended.

20 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

21 CIRCUIT

22 SALARIES AND EXPENSES

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

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

25 authorized by law, $14,288,000.
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1 UNITED STATES COURT OF INTERNATIONAL TRADE

2 SALARIES AND EXPENSES

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

4 of the officers and employees of the court, services as author5 ized by 5 U.S.C. 3109, and necessary expenses of the court,

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

7 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

8 JUDICIAL SERVICES

9 SALARIES AND EXPENSES

10 For the salaries of circuit and district judges (includ11 ing judges of the territorial courts of the United States),

12 justices and judges retired from office or from regular active

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

14 bankruptcy judges, magistrate judges, and all other officers

15 and employees of the Federal Judiciary not otherwise spe16 cifically provided for, and necessary expenses of the courts,

17 as authorized by law, $2,446,194,665 (including the pur18 chase of firearms and ammunition); of which not to exceed

19 $13,454,000 shall remain available until expended for space

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

21 remain available until expended for furniture and furnish22 ings related to new space alteration and construction

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

24 expended for acquisition of books, periodicals, and news-
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1 papers, and all other legal reference materials, including

2 subscriptions.

3 In addition, for expenses of the United States Court

4 of Federal Claims associated with processing cases under

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

6 exceed $2,318,000, to be appropriated from the Vaccine In7 jury Compensation Trust Fund.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For activities of the Federal Judiciary as authorized

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

11 which shall be derived from the Violent Crime Reduction

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

13 Law 103–322.

14 DEFENDER SERVICES

15 For the operation of Federal Public Defender and

16 Community Defender organizations, the compensation and

17 reimbursement of expenses of attorneys appointed to rep18 resent persons under the Criminal Justice Act of 1964, as

19 amended, the compensation and reimbursement of expenses

20 of persons furnishing investigative, expert and other services

21 under the Criminal Justice Act (18 U.S.C. 3006A(e)), the

22 compensation (in accordance with Criminal Justice Act

23 maximums) and reimbursement of expenses of attorneys ap24 pointed to assist the court in criminal cases where the de25 fendant has waived representation by counsel, the com26 pensation and reimbursement of travel expenses of guard-
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1 ians ad litem acting on behalf of financially eligible minor

2 or incompetent offenders in connection with transfers from

3 the United States to foreign countries with which the Unit4 ed States has a treaty for the execution of penal sentences,

5 and the compensation of attorneys appointed to represent

6 jurors in civil actions for the protection of their employ7 ment, as authorized by 28 U.S.C. 1875(d), $274,433,000,

8 to remain available until expended as authorized by 18

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

10 in this Act shall be available for Death Penalty Resource

11 Centers or Post-Conviction Defender Organizations after

12 April 1, 1996.

13 FEES OF JURORS AND COMMISSIONERS

14 For fees and expenses of jurors as authorized by 28

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

16 as authorized by 28 U.S.C. 1863; and compensation of com17 missioners appointed in condemnation cases pursuant to

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

19 U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain

20 available until expended: Provided, That the compensation

21 of land commissioners shall not exceed the daily equivalent

22 of the highest rate payable under section 5332 of title 5,

23 United States Code.

24 COURT SECURITY

25 For necessary expenses, not otherwise provided for, in26 cident to the procurement, installation, and maintenance
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1 of security equipment and protective services for the United

2 States Courts in courtrooms and adjacent areas, including

3 building ingress-egress control, inspection of packages, di4 rected security patrols, and other similar activities as au5 thorized by section 1010 of the Judicial Improvement and

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

7 to be expended directly or transferred to the United States

8 Marshals Service which shall be responsible for administer9 ing elements of the Judicial Security Program consistent

10 with standards or guidelines agreed to by the Director of

11 the Administrative Office of the United States Courts and

12 the Attorney General.

13 ADMINISTRATIVE OFFICE OF THE UNITED STATES

14 COURTS

15 SALARIES AND EXPENSES

16 For necessary expenses of the Administrative Office of

17 the United States Courts as authorized by law, including

18 travel as authorized by 31 U.S.C. 1345, hire of a passenger

19 motor vehicle as authorized by 31 U.S.C. 1343(b), advertis20 ing and rent in the District of Columbia and elsewhere,

21 $47,500,000, of which not to exceed $7,500 is authorized

22 for official reception and representation expenses.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Center,

4 as authorized by Public Law 90–219, $17,000,000; of which

5 $1,800,000 shall remain available through September 30,

6 1997, to provide education and training to Federal court

7 personnel; and of which not to exceed $1,000 is authorized

8 for official reception and representation expenses.

9 JUDICIAL RETIREMENT FUNDS

10 PAYMENT TO JUDICIARY TRUST FUNDS

11 For payment to the Judicial Officers’ Retirement

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

13 the Judicial Survivors’ Annuities Fund, as authorized by

14 28 U.S.C. 376(c), $7,000,000, and to the United States

15 Court of Federal Claims Judges’ Retirement Fund, as au16 thorized by 28 U.S.C. 178(l), $1,900,000.

17 UNITED STATES SENTENCING COMMISSION

18 SALARIES AND EXPENSES

19 For the salaries and expenses necessary to carry out

20 the provisions of chapter 58 of title 28, United States Code,

21 $8,500,000, of which not to exceed $1,000 is authorized for

22 official reception and representation expenses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

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

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

6 available for salaries and expenses of the Special Court es7 tablished under the Regional Rail Reorganization Act of

8 1973, Public Law 93–236.

9 SEC. 303. Not to exceed 5 percent of any appropriation

10 made available for the current fiscal year for the Judiciary

11 in this Act may be transferred between such appropriations,

12 but no such appropriation, except as otherwise specifically

13 provided, shall be increased by more than 10 percent by

14 any such transfers: Provided, That any transfer pursuant

15 to this section shall be treated as a reprogramming of funds

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

17 obligation or expenditure except in compliance with the

18 procedures set forth in that section.

19 SEC. 304. Notwithstanding any other provision of law,

20 the salaries and expenses appropriation for district courts,

21 courts of appeals, and other judicial services shall be avail22 able for official reception and representation expenses of the

23 Judicial Conference of the United States: Provided, That

24 such available funds shall not exceed $10,000 and shall be

25 administered by the Director of the Administrative Office
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1 of the United States Courts in his capacity as Secretary

2 of the Judicial Conference.

3 SEC. 305. (a) Notwithstanding any other provision of

4 law, none of the funds made available under this title shall

5 be used for any conference or meeting authorized under sec6 tion 333 of title 28, United States Code, if such conference

7 or meeting takes place at a location outside the geographic

8 boundaries of the circuit court of appeals over which the

9 chief judge presides, except in the case of the Court of Ap10 peals for the District of Columbia Circuit, which shall be

11 permitted to host conferences or meetings within a 50 mile

12 radius of the District of Columbia without regard to the

13 geographic boundaries of the circuit.

14 (b) Of the funds appropriated under this title, no cir15 cuit shall receive more than $100,000 for conferences con16 vened under section 333 of title 28, United States Code, dur17 ing any year.

18 SEC. 306. (a) Section 333 of title 28, United States

19 Code, is amended—

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

21 the first, second, and fourth place it appears and in22 serting ‘‘may’’; and

23 (2) in the second paragraph—

24 (A) by striking ‘‘shall’’ the first place it ap25 pears and inserting ‘‘may’’; and
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1 (B) by striking ‘‘, and unless excused by the

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

4 (b) In the interest of saving taxpayer dollars and re5 ducing the cost of Government, it is the sense of the Senate

6 that the chief judges of the various United States circuit

7 courts should use new communications technologies to con8 duct judicial conferences.

9 (c) This section shall apply only to contracts entered

10 into after the date of enactment of this Act.

11 SEC. 307. DISAPPROVAL OF AMENDMENTS RELATING TO

12 LOWERING OF CRACK SENTENCES AND SEN13 TENCES FOR MONEY LAUNDERING AND

14 TRANSACTIONS IN PROPERTY DERIVED FROM

15 UNLAWFUL ACTIVITY.

16 In accordance with section 994(p) of title 28, United

17 States Code, amendments numbered 5 and 18 of the

18 ‘‘Amendments to the Sentencing Guidelines, Policy State19 ments, and Official Commentary’’, submitted by the United

20 States Sentencing Commission to Congress on May 1, 1995,

21 are hereby disapproved and shall not take effect.

22 SEC. 308. Of the funds made available under this Act

23 or any other Act, no funds shall be expended by the Director

24 of the Administrative Office of the United States Courts to

25 implement the National Fine Center prior to March 1,
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1 1996, except for the funds necessary to maintain National

2 Fine Center services at their current level, to complete the

3 conversion of existing cases for the courts participating in

4 the National Fine Center as of the date of enactment of this

5 Act, and to complete the Linked Area network pilot projects

6 in progress as of the date of enactment of this Act.

7 This title may be cited as ‘‘The Judiciary Appropria8 tions Act, 1996’’.

9 TITLE IV—DEPARTMENT OF STATE AND

10 RELATED AGENCIES

11 DEPARTMENT OF STATE

12 ADMINISTRATION OF FOREIGN AFFAIRS

13 DIPLOMATIC AND CONSULAR PROGRAMS

14 For necessary expenses of the Department of State and

15 the Foreign Service not otherwise provided for, including

16 expenses authorized by the State Department Basic Au17 thorities Act of 1956, as amended; representation to certain

18 international organizations in which the United States

19 participates pursuant to treaties, ratified pursuant to the

20 advice and consent of the Senate, or specific Acts of Con21 gress; acquisition by exchange or purchase of passenger

22 motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.

23 481(c) and 22 U.S.C. 2674; and for expenses of general ad24 ministration $1,687,800,000: Provided, That, notwith25 standing the second sentence of section 140(a)(3) of the For-
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1 eign Relations Authorization Act, Fiscal Years 1994 and

2 1995 (Public Law 103–236), not to exceed $125,000,000 of

3 fees may be collected during fiscal year 1996 under the au4 thority of section 140(a)(1) of that Act: Provided further,

5 That all fees collected under the preceding proviso shall be

6 deposited in fiscal year 1996 as an offsetting collection to

7 appropriations made under this heading to recover the costs

8 of providing consular services and shall remain available

9 until expended: Provided further, That starting in fiscal

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

11 department and agency the full cost of its presence outside

12 of the United States: Provided further, That by May 31,

13 1996, the State Department will report to the President and

14 to Congress on potential cost savings generated by extending

15 foreign service officer tours of duty in nations for which

16 the State Department requires two-year language study

17 programs, but specifically including China, Korea, and

18 Japan. This study should consider extending terms on the

19 following basis: junior officers from the current two year

20 maximum term to a three-year tour; and mid to senior for21 eign service officers from the current three year minimum

22 term to four year minimum with a possible employee-initi23 ated one year extension.

24 Of the funds provided under this heading, $24,856,000

25 shall be available only for the Diplomatic Telecommuni-
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1 cations Service for operation of existing base services and

2 not to exceed $17,144,000 shall be available only for the en3 hancement of the Diplomatic Telecommunications Service

4 (DTS), except that such latter amount shall not be available

5 for obligation until the expiration of the 15-day period be6 ginning on the date on which the Secretary of State and

7 the Director of the Diplomatic Telecommunications Service

8 Program Office submit the DTS pilot program report re9 quired by section 507 of Public Law 103–317.

10 In addition, not to exceed $700,000 in registration fees

11 collected pursuant to section 38 of the Arms Export Control

12 Act, as amended, may be used in accordance with section

13 45 of the State Department Basic Authorities Act of 1956,

14 22 U.S.C. 2717; and in addition not to exceed $1,223,000

15 shall be derived from fees from other executive agencies for

16 lease or use of facilities located at the International Center

17 in accordance with section 4 of the International Center

18 Act (Public Law 90–553, as amended by section 120 of Pub19 lic Law 101–246); and in addition not to exceed $15,000

20 which shall be derived from reimbursements, surcharges,

21 and fees for use of Blair House facilities in accordance with

22 section 46 of the State Department Basic Authorities Act

23 of 1956 (22 U.S.C. 2718(a)).

24 Notwithstanding section 402 of this Act, not to exceed

25 20 percent of the amounts made available in this Act in
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1 the appropriation accounts, ‘‘Diplomatic and Consular

2 Programs’’ and ‘‘Salaries and Expenses’’ under the heading

3 ‘‘Administration of Foreign Affairs’’ may be transferred be4 tween such appropriation accounts: Provided, That any

5 transfer pursuant to this section shall be treated as a

6 reprogramming of funds under section 605 of this Act and

7 shall not be available for obligation or expenditure except

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

9 For an additional amount for security enhancements,

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

11 available until expended.

12 SALARIES AND EXPENSES

13 For expenses necessary for the general administration

14 of the Department of State and the Foreign Service, pro15 vided for by law, including expenses authorized by section

16 9 of the Act of August 31, 1964, as amended (31 U.S.C.

17 3721), and the State Department Basic Authorities Act of

18 1956, as amended, $368,000,000.

19 For an additional amount for security enhancements

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

21 available until expended.

22 FOREIGN AFFAIRS REORGANIZATION TRANSITION FUND

23 For deposit in the Foreign Affairs Reorganization

24 Transition Fund established under section 404(c)(1) of this

25 Act for use in accordance with section 404(c)(4) of this Act,

26 $5,000,000 to remain available until expended: Provided,
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1 That of these funds, $3,000,000 shall be remitted to the Of2 fice of Personnel Management for deposit in the Treasury

3 of the United States to the credit of the Civil Service Retire4 ment and Disability Fund: Provided further, That of these

5 funds $1,000,000 shall be remitted to the Office of Personnel

6 Management for deposit in the Treasury of the United

7 States to the credit of the Foreign Service Retirement and

8 Disability Fund.

9 CAPITAL INVESTMENT FUND

10 For necessary expenses of the Capital Investment

11 Fund, $16,400,000, to remain available until expended, as

12 authorized in Public Law 103–236: Provided, That section

13 135(e) of Public Law 103–236 shall not apply to funds ap14 propriated under this heading.

15 OFFICE OF INSPECTOR GENERAL

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

18 Act of 1978, as amended (5 U.S.C. App.), $24,350,000: Pro19 vided, That notwithstanding any other provision of law, (1)

20 the Office of the Inspector General of the United States In21 formation Agency is hereby merged with the Office of the

22 Inspector General of the Department of State; (2) the func23 tions exercised and assigned to the Office of the Inspector

24 General of the United States Information Agency before the

25 effective date of this Act (including all related functions)

26 are transferred to the Office of the Inspector General of the
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1 Department of State; and (3) the Inspector General of the

2 Department of State shall also serve as the Inspector Gen3 eral of the United States Information Agency.

4 REPRESENTATION ALLOWANCES

5 For representation allowances as authorized by section

6 905 of the Foreign Service Act of 1980, as amended (22

7 U.S.C. 4085), $4,500,000.

8 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

9 For expenses, not otherwise provided, to enable the Sec10 retary of State to provide for extraordinary protective serv11 ices in accordance with the provisions of section 214 of the

12 State Department Basic Authorities Act of 1956 (22 U.S.C.

13 4314) and 3 U.S.C. 208, $8,579,000.

14 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

15 For necessary expenses for carrying out the Foreign

16 Service Buildings Act of 1926, as amended (22 U.S.C. 292–

17 300), and the Diplomatic Security Construction Program

18 as authorized by title IV of the Omnibus Diplomatic Secu19 rity and Antiterrorism Act of 1986 (22 U.S.C. 4851),

20 $369,860,000, to remain available until expended as au21 thorized by 22 U.S.C. 2696(c): Provided, That none of the

22 funds appropriated in this paragraph shall be available for

23 acquisition of furniture and furnishings and generators for

24 other departments and agencies.
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1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For expenses necessary to enable the Secretary of State

4 to meet unforeseen emergencies arising in the Diplomatic

5 and Consular Service pursuant to the requirement of 31

6 U.S.C. 3526(e), $6,000,000, to remain available until ex7 pended as authorized by 22 U.S.C. 2696(c), of which not

8 to exceed $1,000,000 may be transferred to and merged with

9 the Repatriation Loans Program Account, subject to the

10 same terms and conditions.

11 REPATRIATION LOANS PROGRAM ACCOUNT

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

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

14 the cost of modifying such loans, shall be as defined in sec15 tion 502 of the Congressional Budget Act of 1974. In addi16 tion, for administrative expenses necessary to carry out the

17 direct loan program, $183,000 which may be transferred

18 to and merged with the Salaries and Expenses account

19 under Administration of Foreign Affairs.

20 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

21 For necessary expenses to carry out the Taiwan Rela22 tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.

23 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

24 DISABILITY FUND

25 For payment to the Foreign Service Retirement and

26 Disability Fund, as authorized by law, $125,402,000.
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1 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For expenses, not otherwise provided for, necessary to

4 meet annual obligations of membership in international

5 multilateral organizations, pursuant to treaties ratified

6 pursuant to the advice and consent of the Senate, conven7 tions or specific Acts of Congress, $550,000,000: Provided,

8 That any payment of arrearages shall be directed toward

9 special activities that are mutually agreed upon by the

10 United States and the respective international organiza11 tion: Provided further, That 20 percent of the funds appro12 priated in this paragraph for the assessed contribution of

13 the United States to the United Nations shall be withheld

14 from obligation and expenditure until a certification is

15 made under section 401(b) of Public Law 103–236 for fiscal

16 year 1996: Provided further, That certification under sec17 tion 401(b) of Public Law 103–236 for fiscal year 1996 may

18 only be made if the Committees on Appropriations and For19 eign Relations of the Senate and the Committees on Appro20 priations and International Relations of the House of Rep21 resentatives are notified of the steps taken, and anticipated,

22 to meet the requirements of section 401(b) of Public Law

23 103–236 at least 15 days in advance of the proposed certifi24 cation: Provided further, That none of the funds appro25 priated in this paragraph shall be available for a United
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1 States contribution to an international organization for the

2 United States share of interest costs made known to the

3 United States Government by such organization for loans

4 incurred on or after October 1, 1984, through external bor5 rowings: Provided further, That funds appropriated or oth6 erwise made available under this heading may be available

7 for the International Labor Organization.

8 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

9 ACTIVITIES

10 For necessary expenses to pay assessed and other ex11 penses of international peacekeeping activities directed to

12 the maintenance or restoration of international peace and

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

14 made available under this Act may be used, and shall not

15 be available, for obligation or expenditure for any new or

16 expanded United Nations peacekeeping mission unless, at

17 least fifteen days in advance of voting for the new or ex18 panded mission in the United Nations Security Council (or

19 in an emergency, as far in advance as is practicable), (1)

20 the Committees on Appropriations of the House of Rep21 resentatives and the Senate and other appropriate Commit22 tees of the Congress are notified of the estimated cost and

23 length of the mission, the vital national interest that will

24 be served, and the planned exit strategy; and (2) a

25 reprogramming of funds pursuant to section 605 of this Act

26 is submitted, and the procedures therein followed, setting
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1 forth the source of funds that will be used to pay for the

2 cost of the new or expanded mission: Provided further, That

3 funds shall be available for peacekeeping expenses only upon

4 a certification by the Secretary of State to the appropriate

5 committees of the Congress that American manufacturers

6 and suppliers are being given opportunities to provide

7 equipment, services and material for United Nations peace8 keeping activities equal to those being given to foreign man9 ufacturers and suppliers.

10 INTERNATIONAL CONFERENCES AND CONTINGENCIES

11 For necessary expenses authorized by section 5 of the

12 State Department Basic Authorities Act of 1956, in addi13 tion to funds otherwise available for these purposes, con14 tributions for the United States share of general expenses

15 of international organizations and conferences and rep16 resentation to such organizations and conferences as pro17 vided for by 22 U.S.C. 2656 and 2672 and personal services

18 without regard to civil service and classification laws as

19 authorized by 5 U.S.C. 5102, $3,000,000, to remain avail20 able until expended as authorized by 22 U.S.C. 2696(c), of

21 which not to exceed $200,000 may be expended for represen22 tation as authorized by 22 U.S.C. 4085.

23 INTERNATIONAL COMMISSIONS

24 For necessary expenses, not otherwise provided for, to

25 meet obligations of the United States arising under treaties,

26 or specific Acts of Congress, as follows:
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1 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section

4 of the International Boundary and Water Commission,

5 United States and Mexico, and to comply with laws appli6 cable to the United States Section, including not to exceed

7 $6,000 for representation; as follows:

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for,

10 $11,500,000.

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $8,000,000, to remain available until ex14 pended as authorized by 22 U.S.C. 2696(c).

15 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

16 For necessary expenses, not otherwise provided for the

17 International Joint Commission and the International

18 Boundary Commission, United States and Canada, as au19 thorized by treaties between the United States and Canada

20 or Great Britain, and for the Border Environment Coopera21 tion Commission as authorized by Public Law 103–182;

22 $5,800,000, of which not to exceed $9,000 shall be available

23 for representation expenses incurred by the International

24 Joint Commission.
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1 INTERNATIONAL FISHERIES COMMISSIONS

2 For necessary expenses for international fisheries com3 missions, not otherwise provided for, as authorized by law,

4 $15,119,000: Provided, That the United States share of such

5 expenses may be advanced to the respective commissions,

6 pursuant to 31 U.S.C. 3324.

7 RELATED AGENCIES

8 ARMS CONTROL AND DISARMAMENT AGENCY

9 ARMS CONTROL AND DISARMAMENT ACTIVITIES

10 For necessary expenses not otherwise provided, for

11 arms control, nonproliferation, and disarmament activities,

12 $22,700,000, of which not to exceed $50,000 shall be for offi13 cial reception and representation expenses as authorized by

14 the Act of September 26, 1961, as amended (22 U.S.C. 2551

15 et seq.).

16 UNITED STATES INFORMATION AGENCY

17 SALARIES AND EXPENSES

18 For expenses, not otherwise provided for, necessary to

19 enable the United States Information Agency, as authorized

20 by the Mutual Educational and Cultural Exchange Act of

21 1961, as amended (22 U.S.C. 2451 et seq.), the United

22 States Information and Educational Exchange Act of 1948,

23 as amended (22 U.S.C. 1431 et seq.) and Reorganization

24 Plan No. 2 of 1977 (91 Stat. 1636), to carry out inter25 national communication, educational and cultural activi-
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1 ties; and to carry out related activities authorized by law,

2 including employment, without regard to civil service and

3 classification laws, of persons on a temporary basis (not

4 to exceed $700,000 of this appropriation), as authorized by

5 22 U.S.C. 1471, and entertainment, including official re6 ceptions, within the United States, not to exceed $25,000

7 as authorized by 22 U.S.C. 1474(3); $429,000,000: Pro8 vided, That not to exceed $1,400,000 may be used for rep9 resentation abroad as authorized by 22 U.S.C. 1452 and

10 4085: Provided further, That not to exceed $7,615,000 to

11 remain available until expended, may be credited to this

12 appropriation from fees or other payments received from

13 or in connection with English teaching, library, motion pic14 tures, and publication programs as authorized by section

15 810 of the United States Information and Educational Ex16 change Act of 1948, as amended: Provided further, That not

17 to exceed $1,700,000 to remain available until expended

18 may be used to carry out projects involving security con19 struction and related improvements for agency facilities not

20 physically located together with Department of State facili21 ties abroad.

22 TECHNOLOGY FUND

23 For expenses necessary to enable the United States In24 formation Agency to provide for the procurement of infor25 mation technology improvements, as authorized by the

26 United States Information and Educational Exchange Act
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1 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

2 Educational and Cultural Exchange Act of 1961, as amend3 ed (22 U.S.C. 2451 et seq.), and Reorganization Plan No.

4 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available

5 until expended.

6 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

7 For expenses of educational and cultural exchange pro8 grams, as authorized by the Mutual Educational and Cul9 tural Exchange Act of 1961, as amended (22 U.S.C. 2451

10 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.

11 1636), $210,000,000, to remain available until expended as

12 authorized by 22 U.S.C. 2455.

13 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

14 FUND

15 For necessary expenses of Eisenhower Exchange Fel16 lowships, Incorporated as authorized by sections 4 and 5

17 of the Eisenhower Exchange Fellowship Act of 1990 (20

18 U.S.C. 5204–05), all interest and earnings accruing to the

19 Eisenhower Exchange Fellowship Program Trust Fund on

20 or before September 30, 1996, to remain available until ex21 pended: Provided, That none of the funds appropriated

22 herein shall be used to pay any salary or other compensa23 tion, or to enter into any contract providing for the pay24 ment thereof, in excess of the rate authorized by 5 U.S.C.

25 5376; or for purposes which are not in accordance with

26 OMB Circulars A–110 (Uniform Administrative Require-
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1 ments) and A–122 (Cost Principles for Non-profit Organi2 zations), including the restrictions on compensation for per3 sonal services.

4 ISRAELI ARAB SCHOLARSHIP PROGRAM

5 For necessary expenses of the Israeli Arab Scholarship

6 Program as authorized by section 214 of the Foreign Rela7 tions Authorization Act, Fiscal Years 1992 and 1993 (22

8 U.S.C. 2452), all interest and earnings accruing to the Is9 raeli Arab Scholarship Fund on or before September 30,

10 1996, to remain available until expended.

11 AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

12 For necessary expenses of American Studies Collections

13 as authorized by section 235 of the Foreign Relations Au14 thorization Act, Fiscal Years 1994 and 1995, all interest

15 and earnings accruing to the American Studies Collections

16 Endowment Fund on or before September 30, 1996, to re17 main available until expended.

18 INTERNATIONAL BROADCASTING OPERATIONS

19 For expenses necessary to enable the United States In20 formation Agency, as authorized by the United States Infor21 mation and Educational Exchange Act of 1948, as amend22 ed, the United States International Broadcasting Act of

23 1994, as amended, and Reorganization Plan No. 2 of 1977,

24 to carry out international communication activities;

25 $294,191,000, of which $5,000,000 shall remain available

26 until expended, not to exceed $16,000 may be used for offi-
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1 cial receptions within the United States as authorized by

2 22 U.S.C. 1474(3), not to exceed $35,000 may be used for

3 representation abroad as authorized by 22 U.S.C. 1452 and

4 4085, and not to exceed $29,000,000 may be used for nec5 essary expenses of Radio Free Europe/Radio Liberty, of

6 which not more than $39,000 may be used for official recep7 tion and representation expenses of Radio Free Europe/

8 Radio Liberty; and in addition, not to exceed $250,000

9 from fees as authorized by section 810 of the United States

10 Information and Educational Exchange Act of 1948, as

11 amended, to remain available until expended for carrying

12 out authorized purposes

13 BROADCASTING TO CUBA

14 For expenses necessary to enable the United States In15 formation Agency to carry out the Radio Broadcasting to

16 Cuba Act, as amended, the Television Broadcasting to Cuba

17 Act, and the International Broadcasting Act of 1994, in18 cluding the purchase, rent, construction, and improvement

19 of facilities for radio and television transmission and recep20 tion, and purchase and installation of necessary equipment

21 for radio and television transmission and reception,

22 $24,809,000 to remain available until expended: Provided,

23 That funds may be used to purchase or lease, maintain,

24 and operate such aircraft (including aerostats) as may be

25 required to house and operate necessary television broad26 casting equipment: Provided further, That not later than
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1 April 1, 1996, the headquarters of the Office of Cuba Broad2 casting shall be relocated from Washington, D.C. to south

3 Florida, and that any funds available to the United States

4 Information Agency may be available to carry out this relo5 cation.

6 RADIO CONSTRUCTION

7 For an additional amount for the purchase, rent, con8 struction, and improvement of facilities for radio trans9 mission and reception and purchase and installation of nec10 essary equipment for radio and television transmission and

11 reception as authorized by 22 U.S.C. 1471, $22,000,000, to

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

13 1477b(a).

14 EAST-WEST CENTER

15 To enable the Director of the United States Informa16 tion Agency to provide for carrying out the provisions of

17 the Center for Cultural and Technical Interchange Between

18 East and West Act of 1960 (22 U.S.C. 2054–2057), by grant

19 to the Center for Cultural and Technical Interchange Be20 tween East and West in the State of Hawaii, $18,000,000:

21 Provided, That none of the funds appropriated herein shall

22 be used to pay any salary, or enter into any contract pro23 viding for the payment thereof, in excess of the rate author24 ized by 5 U.S.C. 5376.
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1 NORTH/SOUTH CENTER

2 To enable the Director of the United States Informa3 tion Agency to provide for carrying out the provisions of

4 the North/South Center Act of 1991 (22 U.S.C. 2075), by

5 grant to an educational institution in Florida known as

6 the North/South Center, $4,000,000, to remain available

7 until expended.

8 NATIONAL ENDOWMENT FOR DEMOCRACY

9 For grants made by the United States Information

10 Agency to the National Endowment for Democracy as au11 thorized by the National Endowment for Democracy Act,

12 $30,000,000, to remain available until expended.

13 GENERAL PROVISIONS—DEPARTMENT OF STATE

14 SEC. 401. Funds appropriated under this title shall

15 be available, except as otherwise provided, for allowances

16 and differentials as authorized by subchapter 59 of 5

17 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

18 hire of passenger transportation pursuant to 31 U.S.C.

19 1343(b).

20 SEC. 402. Not to exceed 5 percent of any appropriation

21 made available for the current fiscal year for the Depart22 ment of State in this Act may be transferred between such

23 appropriations, but no such appropriation, except as other24 wise specifically provided, shall be increased by more than

25 10 percent by any such transfers: Provided, That not to ex26 ceed 5 percent of any appropriation made available for the
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1 current fiscal year for the United States Information Agen2 cy in this Act may be transferred between such appropria3 tions, but no such appropriation, except as otherwise spe4 cifically provided, shall be increased by more than 10 per5 cent by any such transfers: Provided further, That any

6 transfer pursuant to this section shall be treated as a

7 reprogramming of funds under section 605 of this Act and

8 shall not be available for obligation or expenditure except

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

10 SEC. 403. Funds appropriated or otherwise made

11 available under this Act or any other Act may be expended

12 for compensation of the United States Commissioner of the

13 International Boundary Commission, United States and

14 Canada, only for actual hours worked by such Commis15 sioner.

16 SEC. 404. CONSOLIDATION OF REDUNDANT FOREIGN RELA17 TIONS FUNCTIONS.

18 (a) CONSOLIDATION OF FUNCTIONS.—

19 (1) CONSOLIDATION OF FUNCTIONS OF STATE

20 DEPARTMENT, USIA, AND ACDA.—Notwithstanding

21 any other provision of law, the Director of the Office

22 of Management and Budget shall, in consultation

23 with the Secretary of State, the Director of the United

24 States Information Agency and the Director of the

25 Arms Control and Disarmament Agency—
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1 (A) identify the functions carried out by the

2 Department of State, by the United States Infor3 mation Agency, and the Arms Control and Dis4 armament Agency that are redundant by reason

5 of being carried out, in whole or in part, by two

6 or more of these entities; and

7 (B) take appropriate actions to eliminate

8 the redundancy in such functions.

9 (2) SCOPE OF CONSOLIDATION.—In carrying out

10 the requirements of paragraph (1), the Director of the

11 Office of Management and Budget may provide for

12 the discharge of functions of the entities referred to in

13 such paragraph by a single office within one of the

14 entities.

15 (3) ADDITIONAL CONSOLIDATION AUTHORITY.—

16 In addition to the actions under paragraphs (1) and

17 (2), the Director of the Office of Management and

18 Budget may also carry out such other actions to con19 solidate and reorganize the functions of the Depart20 ment of State, the United States Information Agency,

21 and the United States Arms Control and Disar22 mament Agency as the Director and the heads of such

23 entities consider appropriate to ensure the effective

24 and efficient discharge of the responsibilities of such

25 entities.
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1 (4) ACTIONS AUTHORIZED.—The actions that the

2 Director of the Office of Management and Budget

3 may take under this subsection include the following:

4 (A) The abolishment, reorganization, con5 solidation, or transfer of functions (in whole or

6 in part).

7 (B) The termination or transfer of the per8 sonnel associated with functions so abolished, re9 organized, consolidated, or transferred.

10 (5) TRANSITION RULES.—The Director of the Of11 fice of Management and Budget shall establish such

12 rules and procedures relating to the consolidation of

13 foreign relations functions under this subsection as

14 the Director considers appropriate, including rules

15 and procedures relating to the rights and responsibil16 ities of personnel of the Government terminated,

17 transferred, or otherwise affected by actions to carry

18 out the consolidation.

19 (b) VOLUNTARY SEPARATION INCENTIVES.—

20 (1) AUTHORITY TO PAY INCENTIVES.—The head

21 of an agency referred to in paragraph (2) may pay

22 voluntary incentive payments to employees of the

23 agency in order to avoid or minimize the need for in24 voluntary separations from the agency as a result of
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1 the consolidation of foreign relations functions under

2 subsection (a).

3 (2) COVERED AGENCIES.—Paragraph (1) applies

4 to the following agencies:

5 (A) The Department of State.

6 (B) The United States Information Agency.

7 (C) The United States Arms Control and

8 Disarmament Agency.

9 (3) PAYMENT REQUIREMENTS.—

10 (A) IN GENERAL.—The head of an agency

11 referred to in paragraph (2) shall pay voluntary

12 separation incentive payments under this sub13 section in accordance with the provisions of sec14 tions 3 and 4 of the Federal Workforce Restruc15 turing Act of 1994 (Public Law 103–226; 108

16 Stat. 111), except that an employee of the agency

17 shall be deemed to be eligible for payment of a

18 voluntary separation incentive payment under

19 that section if the employee separates from serv20 ice with the agency during the period beginning

21 on the date of enactment of this Act and ending

22 on December 15, 1995.

23 (B) SUBSEQUENT EMPLOYMENT WITH GOV24 ERNMENT.—The provisions of subsection (d) of

25 such section 3 shall apply to any employee who
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1 is paid a voluntary separation incentive pay2 ment under this subsection.

3 (4) FUNDING.—

4 (A) IN GENERAL.—The payment of vol5 untary separation incentive payments under this

6 subsection shall be made from funds in the For7 eign Affairs Reorganization Transition Fund es8 tablished under subsection (c).

9 (B) EXERCISE OF AUTHORITY DEPENDENT

10 ON FUNDING.—The head of an agency may not

11 pay voluntary separation incentive payments

12 under this subsection unless sufficient funds are

13 available in the Foreign Affairs Reorganization

14 Fund to cover the cost of such payments and the

15 costs of any other payments (including payments

16 or deposits to retirement systems) required in re17 lation to such payments.

18 (5) TERMINATION OF AUTHORITY.—The author19 ity of the head of an agency to authorize payment of

20 voluntary separation incentive payments under this

21 subsection shall expire on December 15, 1995.

22 (c) FOREIGN AFFAIRS REORGANIZATION TRANSITION

23 FUND.—

24 (1) ESTABLISHMENT.—There is hereby estab25 lished on the books of the Treasury an account to be
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1 known as the ‘‘Foreign Affairs Reorganization Tran2 sition Fund’’.

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

4 provide funds for the following:

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

6 the consolidation of redundant foreign relations

7 functions that are taken under subsection (a).

8 (B) To the cover the costs to the Government

9 of the payment of voluntary separation incentive

10 payments under subsection (b), including any

11 payments or deposits to retirement systems re12 quired in relation to such payment.

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

14 account such sums as may be appropriated to the ac15 count.

16 (4) USE OF FUNDS.—Sums in the account shall

17 remain available until expended for the purpose set

18 forth in paragraph (2).

19 (5) REPORT ON ACCOUNT.—Not later than No20 vember 15, 1996, the Secretary of State shall transmit

21 to the Committees on Appropriations and Foreign Re22 lations of the Senate and the Committees on Appro23 priations and International Relations of the House of

24 Representatives a report containing an accounting

25 of—
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1 (A) the expenditures from the account estab2 lished under this subsection; and

3 (B) in the event of any transfer of funds to

4 the Department of State under paragraph (5),

5 the functions for which the funds so transferred

6 are to be expended.

7 SEC. 405. (a) Subject to subsection (b), section 15(a)

8 of the State Department Basic Authorities Act of 1956 (22

9 U.S.C. 2680(a)) and section 701 of the United States Infor10 mation and Educational Exchange Act of 1948 and section

11 313 of the Foreign Relations Authorization Act, Fiscal

12 Years 1994 and 1995 and section 53 of the Arms Control

13 and Disarmament Act, shall not apply to appropriations

14 made available for the Department of State in this Act.

15 (b) The waiver of subsection (a) shall cease to apply

16 December 1, 1995.

17 SEC. 406. FUNDS FOR THE TENTH PARALYMPIAD GAMES.

18 Of the aggregate amount appropriated under this title

19 for the United States Information Agency under the head20 ings ‘‘SALARIES AND EXPENSES’’, ‘‘EDUCATIONAL AND CUL21 TURAL EXCHANGE PROGRAMS’’, and ‘‘INTERNATIONAL

22 BROADCASTING OPERATIONS’’, $5,000,000 shall be available

23 only for the Tenth Paralympiad games for individuals with

24 disabilities, scheduled to be held in Atlanta, Georgia, in

25 1996, consistent with section 242 of the Foreign Relations
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1 Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

2 2452 note).

3 SEC. 407. GREAT LAKES FISHERY COMMISSION.

4 Notwithstanding any other provision of law—

5 (1) the Department of State shall continue to

6 carry out its authority, function, duty, and respon7 sibility in the conduct of foreign affairs of the United

8 States in connection with the Great Lakes Fishery

9 Commission in the same manner as that Department

10 has carried out that function, duty, and responsibility

11 since the Convention on Great Lakes Fisheries be12 tween the United States and Canada entered into

13 force on October 11, 1955; and

14 (2) the authority, function, duty, and respon15 sibility of the Department of State referred to in

16 paragraph (1) shall not be transferred to any other

17 Federal agency or terminated during any fiscal year

18 in which the Convention referred to in paragraph (1)

19 is in force.

20 SEC. 408. Section 36(a)(1) of the State Department

21 Authorities Act of 1956, as amended (22 U.S.C. 2708), is

22 amended to delete ‘‘may pay a reward’’ and insert in lieu

23 thereof ‘‘shall establish and publicize a program under

24 which rewards may be paid’’.
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1 SEC. 409. It is the sense of Congress that, in order to

2 facilitate enhanced command and control of Department of

3 Defense counter-drug activities in the Western Hemisphere,

4 the President should designate the commander of one uni5 fied combatant command established under chapter 6 of

6 title 10, United States Code, to perform the mission of car7 rying out all counter-drug operations of the Department of

8 Defense in the areas of the Western Hemisphere that are

9 south of the southern border of the United States, including

10 Mexico, and the areas off the coasts of Central America and

11 South America that are within 300 miles of such coasts,

12 but not to include the Caribbean Sea.

13 SEC. 410. It is the sense of the Senate that the United

14 States should continue to provide logistic and warehouse

15 support for non-governmental, non-profit organizations un16 dertaking donated book programs abroad, including those

17 organizations utilizing on-line information technologies to

18 complement the traditional hard cover donation program.

19 SEC. 411. EXTENSION OF AU PAIR PROGRAMS.

20 Section 8 of the Eisenhower Exchange Fellowship Act

21 of 1990 is amended in the last sentence by striking ‘‘fiscal

22 year 1995’’ and inserting ‘‘fiscal year 1999’’.

23 SEC. 412. Sections 6(a) and 6(b) of Public Law 101–

24 454 are repealed. In addition, notwithstanding any other

25 provision of law, Eisenhower Exchange Fellowships, Incor-
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1 porated, may use any earned but unused trust income from

2 the period 1992 through 1995 for Fellowship purposes.

3 SEC. 413. It is the sense of the Senate that none of

4 the funds appropriated or otherwise made available pursu5 ant to this Act should be used for the deployment of combat6 equipped forces of the Armed Forces of the United States

7 for any ground operations in Bosnia and Herzegovina un8 less—

9 (1) Congress approves in advance the deployment

10 of such forces of the Armed Forces; or

11 (2) the temporary deployment of such forces of

12 the Armed Forces of the United States into Bosnia

13 and Herzegovina is necessary to evacuate United Na14 tions peacekeeping forces from a situation of immi15 nent danger, to undertake emergency air rescue oper16 ations, or to provide for the airborne delivery of hu17 manitarian supplies, and the President reports as

18 soon as practicable to Congress after the initiation of

19 the temporary deployment, but in no case later than

20 48 hours after the initiation of the deployment.

21 SEC. 414. It is the Sense of the Senate that the Presi22 dent of the United States should insist on the full compli23 ance of the Russian Federation with the terms of the Treaty

24 on Conventional Armed Forces in Europe and seek the ad25 vice and consent of the Senate for any treaty modifications.
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1 SEC. 415. RESTRICTIONS ON THE TERMINATION OF SANC2 TIONS AGAINST SERBIA AND MONTENEGRO.

3 (a) RESTRICTIONS.—Section 1511 of the National De4 fense Authorization Act for Fiscal Year 1994 (Public Law

5 103–160) is amended by striking subsection (e) and insert6 ing the following:

7 ‘‘(e) CERTIFICATION.—A certification described in this

8 subsection is a certification by the President to Congress

9 of his determination that:

10 ‘‘(1) the elected Government of Kosova is exercis11 ing its legitimate right to democratic self-government,

12 and the political autonomy of Kosova, as exercised

13 prior to 1984 under the 1974 Constitution of the So14 cialist Federal Republic of Yugoslavia, has been re15 stored;

16 ‘‘(2) systematic violations of the civil and human

17 rights of the people of Kosova, including institutional18 ized discrimination and structural repression, have

19 ended;

20 ‘‘(3) monitors from the Organization for Secu21 rity and Cooperation in Europe, other human rights

22 monitors, and United States and international relief

23 officials are free to operate in Kosova and Serbia, in24 cluding the Sandjak and Vojvodina, and enjoy the full

25 cooperation and support of Serbia and local authori26 ties;
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1 ‘‘(4) full civil and human rights have been re2 stored to ethnic non-Serbs in Serbia, including the

3 Sandjak and Vojvodina;

4 ‘‘(5) the Federal Republic of Yugoslavia has halt5 ed aggression against the Republic of Bosnia and

6 Herzegovina;

7 ‘‘(6) the Federal Republic of Yugoslavia has ter8 minated all forms of support, including manpower,

9 arms, fuel, financial subsidies, and war material, by

10 land or air, for Serbian separatists and their leaders

11 in the Republic of Bosnia and Herzegovina and the

12 Republic of Croatia;

13 ‘‘(7) the Federal Republic of Yugoslavia has ex14 tended full respect for the territorial integrity and

15 independence of the Republic of Bosnia and

16 Herzegovina, the Republic of Croatia, and the former

17 Yugoslav Republic of Macedonia; and

18 ‘‘(8) the Federal Republic of Yugoslavia has co19 operated fully with the United Nations war crimes

20 tribunal for the former Yugoslavia, including by sur21 rendering all available and requested evidence and

22 those indicted individuals who are residing in the ter23 ritory of Serbia and Montenegro.’’.

24 (b) FOREIGN ASSISTANCE ACT AMENDMENT.—Section

25 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
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1 2227(a)) is amended by inserting ‘‘Serbia and

2 Montenegro,’’ after ‘‘Cuba,’’.

3 (c) CONFORMING AMENDMENT.—Section 1511(a) of

4 such Act is amended by striking ‘‘subsections (d) and (e))

5 remain in effect until changed by law’’ and inserting ‘‘sub6 section (d)) remain in effect until the certification require7 ments of subsection (e) have been met’’.

8 (d) SENSE OF THE CONGRESS.—It is the sense of the

9 Congress that the conditions specified in section 1511(e) of

10 the National Defense Authorization Act for Fiscal Year

11 1994, as amended by this section, should also be applied

12 by the United Nations for the termination of sanctions

13 against Serbia and Montenegro.

14 This title may be cited as the ‘‘Department of State

15 and Related Agencies Appropriations Act, 1996’’.

16 TITLE V—RELATED AGENCIES

17 DEPARTMENT OF TRANSPORTATION

18 MARITIME ADMINISTRATION

19 MARITIME SECURITY

20 For necessary expenses of maritime security services

21 authorized by law, $46,000,000, to remain available until

22 expended.

23 OPERATING-DIFFERENTIAL SUBSIDIES

24 (LIQUIDATION OF CONTRACT AUTHORITY)

25 For the payment of obligations incurred for operating26 differential subsidies as authorized by the Merchant Marine
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1 Act, 1936, as amended, $162,610,000, to remain available

2 until expended.

3 OPERATIONS AND TRAINING

4 For necessary expenses of operations and training ac5 tivities authorized by law, $68,600,000, to remain available

6 until expended: Provided, That notwithstanding any other

7 provision of law, the Secretary of Transportation may use

8 proceeds derived from the sale or disposal of National De9 fense Reserve Fleet vessels that are currently collected and

10 retained by the Maritime Administration, to be used for

11 facility and ship maintenance, modernization and repair,

12 conversion, acquisition of equipment, and fuel costs nec13 essary to maintain training at the United States Merchant

14 Marine Academy and State maritime academies and may

15 be transferred to the Secretary of the Interior for use as

16 provided in the National Maritime Heritage Act (P.L. 103–

17 451): Provided further, That reimbursements may be made

18 to this appropriation from receipts to the ‘‘Federal Ship

19 Financing Fund’’ for administrative expenses in support

20 of that program in addition to any amount heretofore ap21 propriated.

22 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

23 ACCOUNT

24 For the cost of guaranteed loans, as authorized by the

25 Merchant Marine Act, 1936, $25,000,000, to remain avail26 able until expended: Provided, That such costs, including
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1 the cost of modifying such loans, shall be as defined in sec2 tion 502 of the Congressional Budget Act of 1974, as

3 amended: Provided further, That these funds are available

4 to subsidize total loan principal, any part of which is to

5 be guaranteed, not to exceed $500,000,000.

6 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

7 Notwithstanding any other provision of this Act, the

8 Maritime Administration is authorized to furnish utilities

9 and services and make necessary repairs in connection with

10 any lease, contract, or occupancy involving Government

11 property under control of the Maritime Administration,

12 and payments received therefor shall be credited to the ap13 propriation charged with the cost thereof: Provided, That

14 rental payments under any such lease, contract, or occu15 pancy for items other than such utilities, services, or repairs

16 shall be covered into the Treasury as miscellaneous receipts.

17 No obligations shall be incurred during the current fis18 cal year from the construction fund established by the Mer19 chant Marine Act, 1936, or otherwise, in excess of the ap20 propriations and limitations contained in this Act or in

21 any prior appropriation Act, and all receipts which other22 wise would be deposited to the credit of said fund shall be

23 covered into the Treasury as miscellaneous receipts.
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1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation

5 of America’s Heritage Abroad, $206,000, as authorized by

6 Public Law 99–83, section 1303.

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil

10 Rights, including hire of passenger motor vehicles,

11 $9,000,000: Provided, That not to exceed $50,000 may be

12 used to employ consultants: Provided further, That none of

13 the funds appropriated in this paragraph shall be used to

14 employ in excess of four full-time individuals under Sched15 ule C of the Excepted Service exclusive of one special assist16 ant for each Commissioner: Provided further, That none of

17 the funds appropriated in this paragraph shall be used to

18 reimburse Commissioners for more than 75 billable days,

19 with the exception of the Chairperson who is permitted 125

20 billable days.

21 COMMISSION ON IMMIGRATION REFORM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Immi24 gration Reform pursuant to section 141(f) of the Immigra-
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1 tion Act of 1990, $1,894,000, to remain available until ex2 pended.

3 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

4 SALARIES AND EXPENSES

5 For necessary expenses of the Commission on Security

6 and Cooperation in Europe, as authorized by Public Law

7 94–304, $1,090,000, to remain available until expended as

8 authorized by section 3 of Public Law 99–7.

9 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Equal Employment Op12 portunity Commission as authorized by title VII of the

13 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

14 and 621–634), the Americans with Disabilities Act of 1990,

15 and the Civil Rights Act of 1991, including services as au16 thorized by 5 U.S.C. 3109; hire of passenger motor vehicles

17 as authorized by 31 U.S.C. 1343(b); nonmonetary awards

18 to private citizens; not to exceed $26,500,000, for payments

19 to State and local enforcement agencies for services to the

20 Commission pursuant to title VII of the Civil Rights Act

21 of 1964, as amended, sections 6 and 14 of the Age Discrimi22 nation in Employment Act, the Americans with Disabilities

23 Act of 1990, and the Civil Rights Act of 1991; $233,000,000:

24 Provided, That the Commission is authorized to make
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1 available for official reception and representation expenses

2 not to exceed $2,500 from available funds.

3 FEDERAL COMMUNICATIONS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Communications

6 Commission, as authorized by law, including uniforms and

7 allowances therefor, as authorized by 5 U.S.C. 5901–02; not

8 to exceed $600,000 for land and structures; not to exceed

9 $500,000 for improvement and care of grounds and repair

10 to buildings; not to exceed $4,000 for official reception and

11 representation expenses; purchase (not to exceed sixteen)

12 and hire of motor vehicles; special counsel fees; and services

13 as authorized by 5 U.S.C. 3109; $166,185,000, of which not

14 to exceed $300,000 shall remain available until September

15 30, 1997, for research and policy studies: Provided, That

16 $116,400,000 of offsetting collections shall be assessed and

17 collected pursuant to section 9 of title I of the Communica18 tions Act of 1934, as amended, and shall be retained and

19 used for necessary expenses in this appropriation, and shall

20 remain available until expended: Provided further, That the

21 sum herein appropriated shall be reduced as such offsetting

22 collections are received during fiscal year 1996 so as to re23 sult in a final fiscal year 1996 appropriation estimated at

24 $49,785,000: Provided further, That any offsetting collec25 tions received in excess of $116,400,000 in fiscal year 1996
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1 shall remain available until expended, but shall not be

2 available for obligation until October 1, 1996.

3 FEDERAL MARITIME COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Maritime Com6 mission as authorized by section 201(d) of the Merchant

7 Marine Act of 1936, as amended (46 App. U.S.C. 1111),

8 including services as authorized by 5 U.S.C. 3109; hire of

9 passenger motor vehicles as authorized by 31 U.S.C.

10 1343(b); and uniforms or allowances therefor, as authorized

11 by 5 U.S.C. 5901–02; $14,855,000: Provided, That not to

12 exceed $2,000 shall be available for official reception and

13 representation expenses.

14 FEDERAL TRADE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Federal Trade Commis17 sion, including uniforms or allowances therefor, as author18 ized by 5 U.S.C. 5901–5902; services as authorized by 5

19 U.S.C. 3109; hire of passenger motor vehicles; and not to

20 exceed $2,000 for official reception and representation ex21 penses; $73,035,000: Provided, That not to exceed $300,000

22 shall be available for use to contract with a person or per23 sons for collection services in accordance with the terms of

24 31 U.S.C. 3718, as amended: Provided further, That not25 withstanding any other provision of law, not to exceed
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1 $48,262,000 of offsetting collections derived from fees col2 lected for premerger notification filings under the Hart3 Scott-Rodino Antitrust Improvements Act of 1976 (15

4 U.S.C. 18(a)) shall be retained and used for necessary ex5 penses in this appropriation, and shall remain available

6 until expended: Provided further, That the sum herein ap7 propriated from the General Fund shall be reduced as such

8 offsetting collections are received during fiscal year 1996,

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

10 from the General Fund estimated at not more than

11 $24,773,000, to remain available until expended: Provided

12 further, That any fees received in excess of $48,262,000 in

13 fiscal year 1996 shall remain available until expended, but

14 shall not be available for obligation until October 1, 1996:

15 Provided further, That none of the funds made available

16 to the Federal Trade Commission shall be available for obli17 gation for expenses authorized by section 151 of the Federal

18 Deposit Insurance Corporation Improvement Act of 1991

19 (Public Law 102–242, 105 Stat. 2282–2285).

20 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

21 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

22 For expenses of the Japan-United States Friendship

23 Commission as authorized by Public Law 94–118, as

24 amended, from the interest earned on the Japan-United

25 States Friendship Trust Fund, $1,247,000; and an amount
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1 of Japanese currency not to exceed the equivalent of

2 $1,420,000 based on exchange rates at the time of payment

3 of such amounts as authorized by Public Law 94–118.

4 LEGAL SERVICES CORPORATION

5 PAYMENT TO THE LEGAL SERVICES CORPORATION

6 For payment to the Legal Services Corporation to

7 carry out the Legal Services Corporation Act, $340,000,000,

8 of which $327,000,000 is for direct delivery of legal assist9 ance, including basic field programs; and $13,000,000 (to

10 be allocated by the Board of Directors of the Corporation)

11 is for management, administration, and the Office of In12 spector General: Provided, That $115,000,000 of the total

13 amount provided under this heading shall not be available

14 until the date on which the Corporation commences imple15 mentation of the system of competitive awards of grants

16 and contracts under section 13.

17 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

18 CORPORATION

19 SEC. 11. Funds appropriated under this Act to the

20 Legal Services Corporation for basic field programs shall

21 be distributed as follows:

22 (1) The Corporation shall define geographic

23 areas and make the funds available for each geo24 graphic area on a per capita basis relative to the

25 number of individuals in poverty determined by the

26 Bureau of the Census to be within the geographic
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1 area, except as provided in paragraph (2)(B). Funds

2 for such a geographic area may be distributed by the

3 Corporation to 1 or more persons or entities eligible

4 for funding under section 1006(a)(1)(A) of the Legal

5 Services Corporation Act (42 U.S.C. 2996e(a)(1)(A)),

6 subject to sections 12 and 14.

7 (2) Funds for grants from the Corporation, and

8 contracts entered into by the Corporation, for basic

9 field programs shall be allocated so as to provide—

10 (A) except as provided in subparagraph

11 (B), an equal figure per individual in poverty

12 for all geographic areas, as determined on the

13 basis of the most recent decennial census of popu14 lation conducted pursuant to section 141 of title

15 13, United States Code (or, in the case of the Re16 public of Palau, the Federated States of Microne17 sia, the Republic of the Marshall Islands, Alaska,

18 Hawaii, and the United States Virgin Islands,

19 on the basis of the adjusted population counts

20 historically used as the basis for such determina21 tions); and

22 (B) an additional amount for Native Amer23 ican communities that received assistance under

24 the Legal Services Corporation Act for fiscal

25 year 1995, so that the proportion of the funds
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1 appropriated to the Legal Services Corporation

2 for basic field programs for fiscal year 1996 that

3 is received by the Native American communities

4 shall be not less than the proportion of such

5 funds appropriated for fiscal year 1995 that was

6 received by the Native American communities.

7 SEC. 12. None of the funds appropriated under this

8 Act to the Legal Services Corporation shall be used by the

9 Corporation to make a grant, or enter into a contract, for

10 the provision of legal assistance unless the Corporation en11 sures that the person or entity receiving funding to provide

12 such legal assistance is—

13 (1) a private attorney admitted to practice in a

14 State or the District of Columbia;

15 (2) a qualified nonprofit organization, chartered

16 under the laws of a State or the District of Columbia,

17 that—

18 (A) furnishes legal assistance to eligible cli19 ents; and

20 (B) is governed by a board of directors or

21 other governing body, the majority of which is

22 comprised of attorneys who—

23 (i) are admitted to practice in a State

24 or the District of Columbia; and
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1 (ii) are appointed to terms of office on

2 such board or body by the governing body of

3 a State, county, or municipal bar associa4 tion, the membership of which represents a

5 majority of the attorneys practicing law in

6 the locality in which the organization is to

7 provide legal assistance;

8 (3) a State or local government (without regard

9 to section 1006(a)(1)(A)(ii) of the Legal Services Cor10 poration Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or

11 (4) a substate regional planning or coordination

12 agency that serves a substate area and whose govern13 ing board is controlled by locally elected officials.

14 SEC. 13. (a) Not later than September 1, 1996, the

15 Corporation shall implement a system of competitive

16 awards of grants and contracts that will apply to all grants

17 and contracts for the delivery of legal assistance awarded

18 by the Corporation after the date of implementation of the

19 system.

20 (b) Not later than 60 days after the date of enactment

21 of this Act, the Legal Services Corporation shall promulgate

22 regulations to implement a competitive selection process for

23 the recipients of such grants and contracts.

24 (c) Such regulations shall specify selection criteria for

25 the recipients, which shall include—
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1 (1) a demonstration of a full understanding of

2 the basic legal needs of the eligible clients to be served

3 and a demonstration of the capability of serving the

4 needs;

5 (2) the quality, feasibility, and cost effectiveness

6 of a plan submitted by an applicant for the delivery

7 of legal assistance to the eligible clients to be served;

8 and

9 (3) the experience of the Corporation with the

10 applicant, if the applicant has previously received fi11 nancial assistance from the Corporation, including

12 the record of the applicant of past compliance with

13 Corporation policies, practices, and restrictions.

14 (d) Such regulations shall ensure that timely notice

15 regarding an opportunity to submit an application for such

16 an award is published in periodicals of local and State bar

17 associations and in at least 1 daily newspaper of general

18 circulation in the area to be served by the person or entity

19 receiving the award.

20 (e) No person or entity that was previously awarded

21 a grant or contract by the Legal Services Corporation for

22 the provision of legal assistance may be given any pref23 erence in the competitive selection process.

24 (f) Sections 1007(a)(9) and 1011 of the Legal Services

25 Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C.
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1 2996j) shall not apply to grants and contracts awarded

2 under the system of competitive awards for grants and con3 tracts for the delivery of legal assistance.

4 SEC. 14. (a) None of the funds appropriated under this

5 Act to the Legal Services Corporation may be used to pro6 vide financial assistance to any person or entity (which

7 may be referred to in this section as a ‘‘recipient’’)—

8 (1) that makes available any funds, personnel, or

9 equipment for use in advocating or opposing any

10 plan or proposal, or represents any party or partici11 pates in any other way in litigation, that is intended

12 to or has the effect of altering, revising, or reappor13 tioning a legislative, judicial, or elective district at

14 any level of government, including influencing the

15 timing or manner of the taking of a census;

16 (2) that attempts to influence the issuance,

17 amendment, or revocation of any executive order, reg18 ulation, or similar promulgation by any Federal,

19 State, or local agency, except as permitted in para20 graph (3);

21 (3) that attempts to influence any decision by a

22 Federal, State, or local agency, except when legal as23 sistance is provided by an employee of a recipient to

24 an eligible client on a particular application, claim,

25 or case—
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1 (A) that directly involves a legal right or re2 sponsibility of the client; and

3 (B) that does not involve the issuance,

4 amendment, or revocation of any agency promul5 gation described in paragraph (2);

6 (4) that attempts to influence the passage or de7 feat of any legislation, constitutional amendment, ref8 erendum, initiative, or any similar procedure of Con9 gress or a State or local legislative body;

10 (5) that attempts to influence the conduct of

11 oversight proceedings of the Corporation or any per12 son or entity receiving financial assistance provided

13 by the Corporation;

14 (6) that pays for any personal service, advertise15 ment, telegram, telephone communication, letter,

16 printed or written matter, administrative expense, or

17 related expense, associated with an activity prohibited

18 in this section;

19 (7) that initiates or participates in a class ac20 tion suit;

21 (8) that files a complaint or otherwise initiates

22 litigation against a defendant, or engages in a

23 precomplaint settlement negotiation with a prospec24 tive defendant, unless—
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1 (A) each plaintiff has been specifically iden2 tified, by name, in any complaint filed for pur3 poses of such litigation or prior to the

4 precomplaint settlement negotiation; and

5 (B) a statement of facts written in English

6 and, if necessary, in a language that the plain7 tiff understands, that enumerates the particular

8 facts known to the plaintiff on which the com9 plaint is based, has been signed by the plaintiff,

10 is kept on file by the recipient, and is made

11 available to any Federal department or agency

12 that is auditing or monitoring the activities of

13 the Corporation or of the recipient, and to any

14 auditor or monitor receiving Federal funds to

15 conduct such auditing or monitoring, including

16 any auditor or monitor of the Corporation, ex17 cept that—

18 (i) on establishment of reasonable cause

19 that an injunction is necessary to prevent

20 probable, serious harm to a potential plain21 tiff, a court of competent jurisdiction may

22 enjoin the disclosure of the identity of the

23 potential plaintiff pending the outcome of

24 such litigation or negotiation after notice

25 and an opportunity for a hearing is pro-
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1 vided to potential parties to the litigation

2 or the negotiation; and

3 (ii) other parties to the litigation or

4 negotiation shall have access to the state5 ment of facts only through the discovery

6 process after litigation has begun;

7 (9) unless—

8 (A) prior to the provision of financial as9 sistance—

10 (i) if the person or entity is a non11 profit organization, the governing board of

12 the person or entity has set specific prior13 ities in writing, pursuant to section

14 1007(a)(2)(C)(i) of the Legal Services Cor15 poration Act (42 U.S.C. 2996f(a)(2)(C)(i)),

16 of the types of matters and cases to which

17 the staff of the nonprofit organization shall

18 devote time and resources; and

19 (ii) the staff of such person or entity

20 has signed a written agreement not to un21 dertake cases or matters other than in ac22 cordance with the specific priorities set by

23 such governing board, except in emergency

24 situations defined by such board and in ac-
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1 cordance with the written procedures of

2 such board for such situations; and

3 (B) the staff of such person or entity pro4 vides to the governing board on a quarterly

5 basis, and to the Corporation on an annual

6 basis, information on all cases or matters under7 taken other than cases or matters undertaken in

8 accordance with such priorities;

9 (10) unless—

10 (A) prior to receiving the financial assist11 ance, such person or entity agrees to maintain

12 records of time spent on each case or matter with

13 respect to which the person or entity is engaged;

14 (B) any funds, including Interest on Law15 yers Trust Account funds, received from a source

16 other than the Corporation by the person or en17 tity, and disbursements of such funds, are ac18 counted for and reported as receipts and dis19 bursements, respectively, separate and distinct

20 from Corporation funds; and

21 (C) the person or entity agrees (notwith22 standing section 1009(d) of the Legal Services

23 Corporation Act (42 U.S.C. 2996h(d)) to make

24 the records described in subparagraph (A) avail25 able to any Federal department or agency that
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1 is auditing or monitoring the activities of the

2 Corporation or of the recipient, and to any audi3 tor or monitor receiving Federal funds to con4 duct such auditing or monitoring, including any

5 auditor or monitor of the Corporation;

6 (11) that provides legal assistance for or on be7 half of any alien, unless the alien is present in the

8 United States and is—

9 (A) an alien lawfully admitted for perma10 nent residence as defined in section 101(a)(20) of

11 the Immigration and Nationality Act (8 U.S.C.

12 1101(a)(20));

13 (B) an alien who—

14 (i) is married to a United States citi15 zen or is a parent or an unmarried child

16 under the age of 21 years of such a citizen;

17 and

18 (ii) has filed an application to adjust

19 the status of the alien to the status of a law20 ful permanent resident under the Immigra21 tion and Nationality Act (8 U.S.C. 1101 et

22 seq.), which application has not been re23 jected;

24 (C) an alien who is lawfully present in the

25 United States pursuant to an admission under
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1 section 207 of the Immigration and Nationality

2 Act (8 U.S.C. 1157) (relating to refugee admis3 sion) or who has been granted asylum by the At4 torney General under such Act;

5 (D) an alien who is lawfully present in the

6 United States as a result of withholding of de7 portation by the Attorney General pursuant to

8 section 243(h) of the Immigration and National9 ity Act (8 U.S.C. 1253(h));

10 (E) an alien to whom section 305 of the Im11 migration Reform and Control Act of 1986 (8

12 U.S.C. 1101 note) applies, but only to the extent

13 that the legal assistance provided is the legal as14 sistance described in such section; or

15 (F) an alien who is lawfully present in the

16 United States as a result of being granted condi17 tional entry to the United States before April 1,

18 1980, pursuant to section 203(a)(7) of the Immi19 gration and Nationality Act (8 U.S.C.

20 1153(a)(7)), as in effect on such date, because of

21 persecution or fear of persecution on account of

22 race, religion, or political calamity;

23 (12) that supports or conducts a training pro24 gram for the purpose of advocating a particular pub25 lic policy or encouraging a political activity, a labor
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1 or antilabor activity, a boycott, picketing, a strike, or

2 a demonstration, including the dissemination of in3 formation about such a policy or activity, except that

4 this paragraph shall not be construed to prohibit the

5 provision of training to an attorney or a paralegal to

6 prepare the attorney or paralegal to provide—

7 (A) adequate legal assistance to eligible cli8 ents; or

9 (B) advice to any eligible client as to the

10 legal rights of the client;

11 (13) that provides legal assistance with respect to

12 any fee-generating case, if a private attorney is avail13 able and willing to take the case;

14 (14) that claims, or whose employee or eligible

15 client claims, or collects, attorneys’ fees from a non16 governmental party to litigation, initiated after Jan17 uary 1, 1996, by such client with the assistance of

18 such recipient or an employee of the recipient;

19 (15) that participates in any litigation with re20 spect to abortion;

21 (16) that participates in any litigation on behalf

22 of a person incarcerated in a Federal, State, or local

23 prison;

24 (17) that initiates legal representation or par25 ticipates in any other way, in litigation, lobbying, or
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1 rulemaking, involving an effort to reform a Federal or

2 State welfare system, except that this paragraph shall

3 not be construed to preclude a recipient from rep4 resenting an individual eligible client who is seeking

5 specific relief from a welfare agency, if such relief

6 does not involve an effort to amend or otherwise chal7 lenge existing law (as of the date of the effort);

8 (18) that defends a person in a proceeding to

9 evict the person from a public housing project if—

10 (A) the person has been charged with the il11 legal sale or distribution of a controlled sub12 stance; and

13 (B) the eviction proceeding is brought by a

14 public housing agency because the illegal drug

15 activity of the person threatens the health or

16 safety of another tenant residing in the public

17 housing project or employee of the public housing

18 agency; or

19 (19) unless such person or entity agrees that the

20 person or entity, and the employees of the person or

21 entity, will not accept employment resulting from in22 person unsolicited advice to a nonattorney that such

23 nonattorney should obtain counsel or take legal ac24 tion, and will not refer such nonattorney to a second

25 person or entity or an employee of the person or en-
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1 tity, that is receiving financial assistance provided by

2 the Legal Services Corporation, except that this para3 graph shall not be construed to prohibit such first

4 person or entity or an employee of the person or en5 tity from referring such nonattorney to the appro6 priate Federal, State, or local agency with jurisdic7 tion over the matter involved.

8 (b) Nothing in this section shall be interpreted to pro9 hibit—

10 (1) a recipient from using funds from a source

11 other than the Corporation for the purpose of contact12 ing, communicating with, or responding to a request

13 from, a State or local government agency, a State or

14 local legislative body or committee, or a member

15 thereof, regarding funding for the recipient, including

16 a pending or proposed legislative or agency proposal

17 to fund such recipient; or

18 (2) the Corporation from responding to a request

19 for comments regarding a Federal funding proposal.

20 (c) Not later than 30 days after the date of enactment

21 of this Act, the Corporation shall promulgate a suggested

22 list of priorities that boards of directors may use in setting

23 priorities under subsection (a)(9).

24 (d)(1) The Corporation shall not accept any non-Fed25 eral funds, and no recipient shall accept funds from any
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1 source other than the Corporation, unless the Corporation

2 or the recipient, as the case may be, notifies in writing the

3 source of the funds that the funds may not be expended for

4 any purpose prohibited by the Legal Services Corporation

5 Act or this title.

6 (2) Paragraph (1) shall not prevent a recipient from—

7 (A) receiving Indian tribal funds (including

8 funds from private nonprofit organizations for the

9 benefit of Indians or Indian tribes) and expending the

10 tribal funds in accordance with the specific purposes

11 for which the tribal funds are provided; or

12 (B) using funds received from a source other

13 than the Corporation to provide legal assistance to a

14 client who is not an eligible client if such funds are

15 used for the specific purposes for which such funds

16 were received, except that such funds may not be ex17 pended by recipients for any purpose prohibited by

18 the Legal Services Corporation Act or this title (other

19 than any requirement regarding the eligibility of cli20 ents).

21 (e) As used in this section:

22 (1) The term ‘‘controlled substance’’ has the

23 meaning given the term in section 102 of the Con24 trolled Substances Act (21 U.S.C. 802).
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1 (2) The term ‘‘fee-generating case’’ means a case

2 that, if undertaken on behalf of an eligible client by

3 a private attorney would reasonably be expected to re4 sult in a fee for legal services from an award to an

5 eligible client from public funds, from the opposing

6 party, or from any other source.

7 (3) The term ‘‘individual in poverty’’ means an

8 individual who is a member of a family (of 1 or more

9 members) with an income at or below the poverty

10 line.

11 (4) The term ‘‘poverty line’’ means the poverty

12 line (as defined by the Office of Management and

13 Budget, and revised annually in accordance with sec14 tion 673(2) of the Community Services Block Grant

15 Act (42 U.S.C. 9902(2)) applicable to a family of the

16 size involved.

17 (5) The term ‘‘public housing project’’ has the

18 meaning as used within section 3, and the term ‘‘pub19 lic housing agency’’ has the meaning given the term

20 in section 3, of the United States Housing Act of 1937

21 (42 U.S.C. 1437a).

22 SEC. 15. None of the funds appropriated under this

23 Act to the Legal Services Corporation or provided by the

24 Corporation to any entity or person may be used to pay

25 membership dues to any private or nonprofit organization.
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1 SEC. 16. The requirements of sections 14 and 15 shall

2 apply to the activities of a recipient described in section

3 14, or an employee of such a recipient, during the provision

4 of legal assistance for a case or matter, if the recipient or

5 employee begins to provide the legal assistance on or after

6 the date of enactment of this Act. If the recipient or em7 ployee began to provide legal assistance for the case or mat8 ter prior to such date, and begins to provide legal assistance

9 for an additional related claim on or after such date, the

10 requirements shall apply to the activities of the recipient

11 or employee during the provision of legal assistance for the

12 claim.

13 MARINE MAMMAL COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Marine Mammal Com16 mission as authorized by title II of Public Law 92–522,

17 as amended, $1,384,000.

18 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY

19 COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Martin Luther King, Jr.

22 Federal Holiday Commission, as authorized by Public Law

23 98–399, as amended, $350,000.
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1 SECURITIES AND EXCHANGE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Securities and Exchange

4 Commission, including services as authorized by 5 U.S.C.

5 3109, the rental of space (to include multiple year leases)

6 in the District of Columbia and elsewhere, and not to exceed

7 $3,000 for official reception and representation expenses,

8 $134,997,000, of which $3,600,000 are for the Office of Eco9 nomic Analysis, to be headed by the Chief Economist of the

10 Commission, and of which not to exceed $10,000 may be

11 used toward funding a permanent secretariat for the Inter12 national Organization of Securities Commissions, and of

13 which not to exceed $100,000 shall be available for expenses

14 for consultations and meetings hosted by the Commission

15 with foreign governmental and other regulatory officials,

16 members of their delegations, appropriate representatives

17 and staff to exchange views concerning developments relat18 ing to securities matters, development and implementation

19 of cooperation agreements concerning securities matters and

20 provision of technical assistance for the development of for21 eign securities markets, such expenses to include necessary

22 logistic and administrative expenses and the expenses of

23 Commission staff and foreign invitees in attendance at such

24 consultations and meetings including: (i) such incidental

25 expenses as meals taken in the course of such attendance,
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1 (ii) any travel or transportation to or from such meetings,

2 and (iii) any other related lodging or subsistence: Provided,

3 That immediately upon enactment of this Act, the rate of

4 fees under section 6(b) of the Securities Act of 1933 (15

5 U.S.C. 77f(b)) shall increase from one-fiftieth of 1 per cen6 tum to one thirty-fourth of 1 per centum and such increase

7 shall be deposited as an offsetting collection to this appro8 priation, to remain available until expended, to recover

9 costs of services of the securities registration process: Pro10 vided further, That no funds may be used for the Office of

11 Investor Education and Assistance, and that $1,500,000 of

12 the funds appropriated for the Commission shall be avail13 able for the enforcement of the Investment Advisers Act of

14 1940 in addition to any other appropriated funds des15 ignated by the Commission for enforcement of such Act.

16 SMALL BUSINESS ADMINISTRATION

17 The following sum is appropriated for the Small Busi18 ness Administration in addition to such sums provided else19 where in this Act, $30,000,000.

20 SALARIES AND EXPENSES

21 For necessary expenses, not otherwise provided for, of

22 the Small Business Administration as authorized by Public

23 Law 103–403, including hire of passenger motor vehicles

24 as authorized by 31 U.S.C. 1343 and 1344, and not to ex25 ceed $3,500 for official reception and representation ex26 penses, $197,903,000: Provided further, That the Adminis-
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1 trator is authorized to charge fees to cover the cost of publi2 cations developed by the Small Business Administration,

3 and certain loan servicing activities: Provided further, That

4 notwithstanding 31 U.S.C. 3302, revenues received from all

5 such activities shall be credited to this account, to be avail6 able for carrying out these purposes without further appro7 priations.

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector Gen10 eral in carrying out the provisions of the Inspector General

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

12 by Public Law 100–504), $8,500,000.

13 BUSINESS LOANS PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $174,726,000, as au15 thorized by 15 U.S.C. 631 note, of which $1,216,000, to be

16 available until expended, shall be for the Microloan Guar17 antee Program, and of which $40,510,000 shall remain

18 available until September 30, 1997: Provided, That such

19 costs, including the cost of modifying such loans, shall be

20 as defined in section 502 of the Congressional Budget Act

21 of 1974.

22 In addition, for administrative expenses to carry out

23 guaranteed loan programs, $77,600,000, which may be

24 transferred to and merged with the appropriations for Sala25 ries and Expenses.
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1 DISASTER LOANS PROGRAM ACCOUNT

2 For the cost of direct loans authorized by section 7(b)

3 of the Small Business Act, as amended, $34,432,000, to re4 main available until expended: Provided, That such costs,

5 including the cost of modifying such loans, shall be as de6 fined in section 502 of the Congressional Budget Act of

7 1974.

8 In addition, for administrative expenses to carry out

9 the direct loan program, $62,400,000, which may be trans10 ferred to and merged with the appropriations for Salaries

11 and Expenses.

12 SURETY BOND GUARANTEES REVOLVING FUND

13 For additional capital for the ‘‘Surety Bond Guaran14 tees Revolving Fund’’, authorized by the Small Business In15 vestment Act, as amended, $2,530,000, to remain available

16 without fiscal year limitation as authorized by 15 U.S.C.

17 631 note.

18 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

19 ADMINISTRATION

20 SEC. 508. Not to exceed 5 percent of any appropriation

21 made available for the current fiscal year for the Small

22 Business Administration in this Act may be transferred be23 tween such appropriations, but no such appropriation shall

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

25 Provided, That any transfer pursuant to this section shall

26 be treated as a reprogramming of funds under section 605
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1 of this Act and shall not be available for obligation or ex2 penditure except in compliance with the procedures set forth

3 in that section.

4 STATE JUSTICE INSTITUTE

5 SALARIES AND EXPENSES

6 For necessary expenses of the State Justice Institute,

7 as authorized by The State Justice Institute Authorization

8 Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),

9 $5,000,000 to remain available until expended: Provided,

10 That not to exceed $2,500 shall be available for official re11 ception and representation expenses.

12 TITLE VI—GENERAL PROVISIONS

13 SEC. 601. No part of any appropriation contained in

14 this Act shall be used for publicity or propaganda purposes

15 not authorized by the Congress.

16 SEC. 602. No part of any appropriation contained in

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

19 SEC. 603. The expenditure of any appropriation under

20 this Act for any consulting service through procurement

21 contract, pursuant to 5 U.S.C. 3109, shall be limited to

22 those contracts where such expenditures are a matter of pub23 lic record and available for public inspection, except where

24 otherwise provided under existing law, or under existing

25 Executive order issued pursuant to existing law.
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1 SEC. 604. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other

5 than those as to which it is held invalid shall not be affected

6 thereby.

7 SEC. 605. (a) None of the funds provided under this

8 Act, or provided under previous Appropriations Acts to the

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 1996, or provided from

11 any accounts in the Treasury of the United States derived

12 by the collection of fees available to the agencies funded by

13 this Act, shall be available for obligation or expenditure

14 through a reprogramming of funds which (1) creates new

15 programs; (2) eliminates a program, project, or activity;

16 (3) increases funds or personnel by any means for any

17 project or activity for which funds have been denied or re18 stricted; (4) relocates an office or employees; (5) reorganizes

19 offices, programs, or activities; or (6) contracts out or

20 privatizes any functions or activities presently performed

21 by Federal employees; unless the Appropriations Commit22 tees of both Houses of Congress are notified fifteen days in

23 advance of such reprogramming of funds.

24 (b) None of the funds provided under this Act, or pro25 vided under previous Appropriations Acts to the agencies
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1 funded by this Act that remain available for obligation or

2 expenditure in fiscal year 1996, or provided from any ac3 counts in the Treasury of the United States derived by the

4 collection of fees available to the agencies funded by this

5 Act, shall be available for obligation or expenditure for ac6 tivities, programs, or projects through a reprogramming of

7 funds in excess of $500,000 or 10 percent, whichever is less,

8 that (1) augments existing programs, projects, or activities;

9 (2) reduces by 10 percent funding for any existing program,

10 project, or activity, or numbers of personnel by 10 percent

11 as approved by Congress; or (3) results from any general

12 savings from a reduction in personnel which would result

13 in a change in existing programs, activities, or projects as

14 approved by Congress; unless the Appropriations Commit15 tees of both Houses of Congress are notified fifteen days in

16 advance of such reprogramming of funds.

17 SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP18 MENT AND PRODUCTS.—It is the sense of the Congress that,

19 to the greatest extent practicable, all equipment and prod20 ucts purchased with funds made available in this Act should

21 be American-made.

22 (b) NOTICE REQUIREMENT.—In providing financial

23 assistance to, or entering into any contract with, any entity

24 using funds made available in this Act, the head of each

25 Federal agency, to the greatest extent practicable, shall pro-
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1 vide to such entity a notice describing the statement made

2 in subsection (a) by the Congress.

3 SEC. 608. None of the funds made available in this

4 Act may be used to implement, administer, or enforce any

5 guidelines of the Equal Employment Opportunity Commis6 sion covering harassment based on religion, when it is made

7 known to the Federal entity or official to which such funds

8 are made available that such guidelines do not differ in any

9 respect from the proposed guidelines published by the Com10 mission on October 1, 1993 (58 Fed. Reg. 51266).

11 SEC. 609. None of the funds made available by this

12 Act may be used for any United Nations undertaking when

13 it is made known to the Federal official having authority

14 to obligate or expend such funds (1) that the United Nations

15 undertaking is a peacekeeping mission, (2) that such under16 taking will involve United States Armed Forces under the

17 command or operational control of a foreign national, and

18 (3) that the President’s military advisors have not submit19 ted to the President a recommendation that such involve20 ment is in the national security interests of the United

21 States and the President has not submitted to the Congress

22 such a recommendation.

23 SEC. 610. None of the funds made available in this

24 Act shall be used to provide the following amenities or per25 sonal comforts in the Federal prison system—
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1 (1) in-cell television viewing except for prisoners

2 who are segregated from the general prison popu3 lation for their own safety;

4 (2) the viewing of R, X, and NC–17 rated mov5 ies, through whatever medium presented;

6 (3) any instruction (live or through broadcasts)

7 or training equipment for boxing, wrestling, judo, ka8 rate, or other martial art, or any bodybuilding or

9 weightlifting equipment of any sort;

10 (4) possession of in-cell coffee pots, hot plates, or

11 heating elements; or

12 (5) the use or possession of any electric or elec13 tronic musical instrument.

14 SEC. 611. None of the funds made available in title

15 II for the National Oceanic and Atmospheric Administra16 tion under the heading ‘‘Fleet Modernization, Shipbuilding

17 and Conversion’’ may be used to implement sections 603,

18 604, and 605 of Public Law 102–567.

19 SEC. 612. None of the funds made available in this

20 Act may be used for ‘‘USIA Television Marti Program’’

21 under the Television Broadcasting to Cuba Act or any other

22 program of United States Government television broadcasts

23 to Cuba, when it is made known to the Federal official hav24 ing authority to obligate or expend such funds that such

25 use would be inconsistent with the applicable provisions of
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1 the March 1995 Office of Cuba Broadcasting Reinventing

2 Plan of the United States Information Agency.

3 SEC. 613. (a) The Regulatory Coordination Advisory

4 Committee for the Commodity Futures Trading Commis5 sion is terminated.

6 (b) Section 5(h) of the Export Administration Act of

7 1979 is repealed.

8 (c)(1) Section 5002 of title 18, United States Code, is

9 repealed.

10 (2) The table of sections for chapter 401 of title 18,

11 United States Code, is amended by striking out the item

12 relating to the Advisory Corrections Council.

13 (d) This section shall take effect 30 days after the date

14 of the enactment of this Act.

15 SEC. 614. SENSE OF THE SENATE ON UNITED STATES-CANA16 DIAN COOPERATION CONCERNING AN OUT17 LET TO RELIEVE FLOODING AT DEVILS LAKE

18 IN NORTH DAKOTA.

19 (a) FINDINGS.—The Senate finds that—

20 (1) flooding in Devils Lake Basin, North Dakota,

21 has resulted in water levels in the lake reaching their

22 highest point in 120 years;

23 (2) basements are flooded and the town of Devils

24 Lake is threatened with lake water reaching the limits

25 of the protective dikes of the lake;
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1 (3) the Army Corps of Engineers and the Bureau

2 of Reclamation are now studying the feasibility of

3 constructing an outlet from Devils Lake Basin;

4 (4) an outlet from Devils Lake Basin will allow

5 the transfer of water from Devils Lake Basin to the

6 Red River of the North watershed that the United

7 States shares with Canada; and

8 (5) the Treaty Relating to the Boundary Waters

9 and Questions Arising Along the Boundary Between

10 the United States and Canada, signed at Washington

11 on January 11, 1909 (36 Stat. 2448; TS 548) (com12 monly known as the ‘‘Boundary Water Treaty of

13 1909’’), provides that ‘‘waters flowing across the

14 boundary shall not be polluted on either side to the

15 injury of health or property on the other.’’ (36 Stat.

16 2450).

17 (b) SENSE OF THE SENATE.—It is the sense of the Sen18 ate that the United States Government should seek to estab19 lish a joint United States-Canadian technical committee to

20 review the Devils Lake Basin outlet project to consider op21 tions for an outlet that would meet Canadian concerns with

22 regard to the Boundary Water Treaty of 1909.

23 SEC. 615. Competitive Bidding for Assignment of DBS

24 Licenses.—No funds provided in this or any other Act shall

25 be expended to take any action regarding the applications
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1 that bear Federal Communications Commission File Num2 bers DBS–94–11EXT, DBS–94–15ACP, and DBS–94–

3 16MP: Provided, That funds shall be made available for

4 any action taken by the Federal Communications Commis5 sion to use the competitive bidding process prescribed in

6 section 309(j) of the Communications Act of 1934 (47

7 U.S.C. section 309(j)) regarding the disposition of the 27

8 channels at 110 degrees W.L. orbital location: Provided fur9 ther, That the provisions of this section apply unless the

10 Federal Communications Commission determines that an

11 alternative adjudication would yield more money for the

12 United States Treasury.

13 SEC. 616. ENERGY SAVINGS AT FEDERAL FACILITIES.

14 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

15 (1) IN GENERAL.—The head of each agency for

16 which funds are made available under this Act

17 shall—

18 (A) take all actions necessary to achieve

19 during fiscal year 1996 a 5 percent reduction,

20 from fiscal year 1995 levels, in the energy costs

21 of the facilities used by the agency; or

22 (B) enter into a sufficient number of energy

23 savings performance contracts with private sec24 tor energy service companies under title VIII of

25 the National Energy Conservation Policy Act (42
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1 U.S.C. 8287 et seq.) to achieve during fiscal year

2 1996 at least a 5 percent reduction, from fiscal

3 year 1995 levels, in the energy use of the facili4 ties used by the agency.

5 (2) GOAL.—The activities described in para6 graph (1) should be a key component of agency pro7 grams that will by the year 2000 result in a 20 per8 cent reduction, from fiscal year 1985 levels, in the en9 ergy use of the facilities used by the agency, as re10 quired by section 543 of the National Energy Con11 servation Policy Act (42 U.S.C. 8253).

12 (b) USE OF COST SAVINGS.—An amount equal to the

13 amount of cost savings realized by an agency under sub14 section (a) shall remain available for obligation through the

15 end of fiscal year 2000, without further authorization or

16 appropriation, as follows:

17 (1) CONSERVATION MEASURES.—Fifty percent of

18 the amount shall remain available for the implemen19 tation of additional energy conservation measures

20 and for water conservation measures at such facilities

21 used by the agency as are designated by the head of

22 the agency.

23 (2) OTHER PURPOSES.—Fifty percent of the

24 amount shall remain available for use by the agency
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1 for such purposes as are designated by the head of the

2 agency, consistent with applicable law.

3 (c) REPORTS.—

4 (1) BY AGENCY HEADS.—The head of each agen5 cy for which funds are made available under this Act

6 shall include in each report of the agency to the Sec7 retary of Energy under section 548(a) of the National

8 Energy Conservation Policy Act (42 U.S.C. 8258(a))

9 a description of the results of the activities carried out

10 under subsection (a) and recommendations concerning

11 how to further reduce energy costs and energy con12 sumption in the future.

13 (2) BY SECRETARY OF ENERGY.—The reports re14 quired under paragraph (1) shall be included in the

15 annual reports required to be submitted to Congress

16 by the Secretary of Energy under section 548(b) of the

17 Act (42 U.S.C. 8258(b)).

18 (3) CONTENTS.—With respect to the period since

19 the date of the preceding report, a report under para20 graph (1) or (2) shall—

21 (A) specify the total energy costs of the fa22 cilities used by the agency;

23 (B) identify the reductions achieved;

24 (C) specify the actions that resulted in the

25 reductions;
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1 (D) with respect to the procurement proce2 dures of the agency, specify what actions have

3 been taken to—

4 (i) implement the procurement au5 thorities provided by subsections (a) and (c)

6 of section 546 of the National Energy Con7 servation Policy Act (42 U.S.C. 8256); and

8 (ii) incorporate directly, or by ref9 erence, the requirements of the regulations

10 issued by the Secretary of Energy under

11 title VIII of the Act (42 U.S.C. 8287 et

12 seq.); and

13 (E) specify—

14 (i) the actions taken by the agency to

15 achieve the goal specified in subsection

16 (a)(2);

17 (ii) the procurement procedures and

18 methods used by the agency under section

19 546(a)(2) of the Act (42 U.S.C. 8256(a)(2));

20 and

21 (iii) the number of energy savings per22 formance contracts entered into by the agen23 cy under title VIII of the Act (42 U.S.C.

24 8287 et seq.).
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1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF JUSTICE

3 GENERAL ADMINISTRATION

4 WORKING CAPITAL FUND

5 (RESCISSION)

6 Of the unobligated balances available under this head7 ing, $55,000,000 are rescinded.

8 DEPARTMENT OF COMMERCE

9 NATIONAL TELECOMMUNICATIONS AND INFORMATION

10 ADMINISTRATION

11 INFORMATION INFRASTRUCTURE GRANTS

12 (RESCISSION)

13 Of the unobligated balances available under this head14 ing, $36,769,000 are rescinded.

15 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

16 CONSTRUCTION OF RESEARCH FACILITIES

17 (RESCISSION)

18 Of the unobligated balances available under this head19 ing, $152,993,000 are rescinded.

20 DEPARTMENT OF STATE

21 ADMINISTRATION OF FOREIGN AFFAIRS

22 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

23 (RESCISSION)

24 Of the unobligated balances available under this head25 ing, $140,000,000 are rescinded.
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1 RELATED AGENCIES

2 UNITED STATES INFORMATION AGENCY

3 RADIO CONSTRUCTION

4 (RESCISSION)

5 Of the unobligated balances available under this head6 ing, $7,400,000 are rescinded.

7 TITLE VIII—PRISON LITIGATION

8 REFORM

9 SEC. 801. SHORT TITLE.

10 This title may be cited as the ‘‘Prison Litigation Re11 form Act of 1995’’.

12 SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI13 TIONS.

14 (a) IN GENERAL.—Section 3626 of title 18, United

15 States Code, is amended to read as follows:

16 ‘‘§ 3626. Appropriate remedies with respect to prison

17 conditions

18 ‘‘(a) REQUIREMENTS FOR RELIEF.—

19 ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re20 lief in any civil action with respect to prison condi21 tions shall extend no further than necessary to correct

22 the violation of the Federal right of a particular

23 plaintiff or plaintiffs. The court shall not grant or

24 approve any prospective relief unless the court finds

25 that such relief is narrowly drawn, extends no further

26 than necessary to correct the violation of the Federal
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1 right, and is the least intrusive means necessary to

2 correct the violation of the Federal right. The court

3 shall give substantial weight to any adverse impact

4 on public safety or the operation of a criminal justice

5 system caused by the relief.

6 ‘‘(B) Nothing in this section shall be construed to

7 authorize the courts, in exercising their remedial pow8 ers, to order the construction of prisons or the raising

9 of taxes, or to repeal or detract from otherwise appli10 cable limitations on the remedial powers of the courts.

11 ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any

12 civil action with respect to prison conditions, to the

13 extent otherwise authorized by law, the court may

14 enter a temporary restraining order or an order for

15 preliminary injunctive relief. Preliminary injunctive

16 relief must be narrowly drawn, extend no further

17 than necessary to correct the harm the court finds re18 quires preliminary relief, and be the least intrusive

19 means necessary to correct that harm. Preliminary

20 injunctive relief shall automatically expire on the

21 date that is 90 days after its entry, unless the court

22 makes the findings required under subsection (a)(1)

23 for the entry of prospective relief and makes the order

24 final before the expiration of the 90-day period.
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1 ‘‘(3) PRISONER RELEASE ORDER.—(A) In any

2 civil action with respect to prison conditions, no pris3 oner release order shall be entered unless—

4 ‘‘(i) a court has previously entered an order

5 for less intrusive relief that has failed to remedy

6 the deprivation of the Federal right sought to be

7 remedied through the prisoner release order; and

8 ‘‘(ii) the defendant has had a reasonable

9 amount of time to comply with the previous

10 court orders.

11 ‘‘(B) In any civil action in Federal court with

12 respect to prison conditions, a prisoner release order

13 shall be entered only by a three-judge court in accord14 ance with section 2284 of title 28, if the requirements

15 of subparagraph (E) have been met.

16 ‘‘(C) A party seeking a prisoner release order in

17 Federal court shall file with any request for such re18 lief, a request for a three-judge court and materials

19 sufficient to demonstrate that the requirements of sub20 paragraph (A) have been met.

21 ‘‘(D) If the requirements under subparagraph

22 (A) have been met, a Federal judge before whom a

23 civil action with respect to prison conditions is pend24 ing who believes that a prison release order should be

25 considered may sua sponte request the convening of a
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1 three-judge court to determine whether a prisoner re2 lease order should be entered.

3 ‘‘(E) The court shall enter a prisoner release

4 order only if the court finds—

5 ‘‘(i) by clear and convincing evidence—

6 ‘‘(I) that crowding is the primary

7 cause of the violation of a Federal right;

8 and

9 ‘‘(II) that no other relief will remedy

10 the violation of the Federal right; and

11 ‘‘(ii) by a preponderance of the evidence—

12 ‘‘(I) that crowding has deprived a par13 ticular plaintiff or plaintiffs of at least one

14 essential, identifiable human need; and

15 ‘‘(II) that prison officials have acted

16 with obduracy and wantonness in depriving

17 the particular plaintiff or plaintiffs of the

18 one essential, identifiable human need

19 caused by the crowding.

20 ‘‘(F) Any State or local official or unit of gov21 ernment whose jurisdiction or function includes the

22 prosecution or custody of persons who may be released

23 from, or not admitted to, a prison as a result of a

24 prisoner release order shall have standing to oppose

25 the imposition or continuation in effect of such relief
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1 and to seek termination of such relief, and shall have

2 the right to intervene in any proceeding relating to

3 such relief.

4 ‘‘(b) TERMINATION OF RELIEF.—

5 ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—

6 (A) In any civil action with respect to prison condi7 tions in which prospective relief is ordered, such relief

8 shall be terminable upon the motion of any party—

9 ‘‘(i) 2 years after the date the court granted

10 or approved the prospective relief;

11 ‘‘(ii) 1 year after the date the court has en12 tered an order denying termination of prospec13 tive relief under this paragraph; or

14 ‘‘(iii) in the case of an order issued on or

15 before the date of enactment of the Prison Litiga16 tion Reform Act, 2 years after such date of en17 actment.

18 ‘‘(B) Nothing in this section shall prevent the

19 parties from agreeing to terminate or modify relief

20 before the relief is terminated under subparagraph

21 (A).

22 ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE

23 RELIEF.—In any civil action with respect to prison

24 conditions, a defendant or intervener shall be entitled

25 to the immediate termination of any prospective relief
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1 if the relief was approved or granted in the absence

2 of a finding by the court that the relief is narrowly

3 drawn, extends no further than necessary to correct

4 the violation of the Federal right, and is the least in5 trusive means necessary to correct the violation of the

6 Federal right.

7 ‘‘(3) LIMITATION.—Prospective relief shall not

8 terminate if the court makes written findings based

9 on the record that prospective relief remains necessary

10 to correct a current or ongoing violation of the Fed11 eral right, extends no further than necessary to correct

12 the violation of the Federal right, and that the pro13 spective relief is narrowly drawn and the least intru14 sive means to correct the violation.

15 ‘‘(4) TERMINATION OR MODIFICATION OF RE16 LIEF.—Nothing in this section shall prevent any

17 party from seeking modification or termination before

18 the relief is terminable under paragraph (1) or (2),

19 to the extent that modification or termination would

20 otherwise be legally permissible.

21 ‘‘(c) SETTLEMENTS.—

22 ‘‘(1) CONSENT DECREES.—In any civil action

23 with respect to prison conditions, the court shall not

24 enter or approve a consent decree unless it complies
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1 with the limitations on relief set forth in subsection

2 (a).

3 ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)

4 Nothing in this section shall preclude parties from en5 tering into a private settlement agreement that does

6 not comply with the limitations on relief set forth in

7 subsection (a), if the terms of that agreement are not

8 subject to court enforcement other than the reinstate9 ment of the civil proceeding that the agreement set10 tled.

11 ‘‘(B) Nothing in this section shall preclude any

12 party claiming that a private settlement agreement

13 has been breached from seeking in State court any

14 remedy for breach of contract available under State

15 law.

16 ‘‘(d) STATE LAW REMEDIES.—The limitations on rem17 edies in this section shall not apply to relief entered by a

18 State court based solely upon claims arising under State

19 law.

20 ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPEC21 TIVE RELIEF.—

22 ‘‘(1) GENERALLY.—The court shall promptly

23 rule on any motion to modify or terminate prospec24 tive relief in a civil action with respect to prison con25 ditions.
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1 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

2 subject to a pending motion shall be automatically

3 stayed during the period—

4 ‘‘(A)(i) beginning on the 30th day after

5 such motion is filed, in the case of a motion

6 made under paragraph (1) or (2) of subsection

7 (b); or

8 ‘‘(ii) beginning on the 180th day after such

9 motion is filed, in the case of a motion made

10 under subsection (b)(4); and

11 ‘‘(B) ending on the date the court enters a

12 final order ruling on the motion.

13 ‘‘(f) SPECIAL MASTERS.—

14 ‘‘(1) IN GENERAL.—(A) In any civil action in a

15 Federal court with respect to prison conditions, the

16 court may appoint a disinterested and objective spe17 cial master, who will give due regard to the public

18 safety, to conduct hearings on the record and prepare

19 proposed findings of fact.

20 ‘‘(B) The court shall appoint a special master

21 under this subsection during the remedial phase of the

22 action only upon a finding that the remedial phase

23 will be sufficiently complex to warrant the appoint24 ment.
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1 ‘‘(2) APPOINTMENT.—(A) If the court determines

2 that the appointment of a special master is necessary,

3 the court shall request that the defendant institution

4 and the plaintiff each submit a list of not more than

5 5 persons to serve as a special master.

6 ‘‘(B) Each party shall have the opportunity to

7 remove up to 3 persons from the opposing party’s list.

8 ‘‘(C) The court shall select the master from the

9 persons remaining on the list after the operation of

10 subparagraph (B).

11 ‘‘(3) INTERLOCUTORY APPEAL.—Any party shall

12 have the right to an interlocutory appeal of the

13 judge’s selection of the special master under this sub14 section, on the ground of partiality.

15 ‘‘(4) COMPENSATION.—The compensation to be

16 allowed to a special master under this section shall be

17 based on an hourly rate not greater than the hourly

18 rate established under section 3006A for payment of

19 court-appointed counsel, plus costs reasonably in20 curred by the special master. Such compensation and

21 costs shall be paid with funds appropriated to the

22 Federal Judiciary.

23 ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In

24 any civil action with respect to prison conditions in

25 which a special master is appointed under this sub-
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1 section, the court shall review the appointment of the

2 special master every 6 months to determine whether

3 the services of the special master continue to be re4 quired under paragraph (1). In no event shall the ap5 pointment of a special master extend beyond the ter6 mination of the relief.

7 ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A

8 special master appointed under this subsection—

9 ‘‘(A) shall make any findings based on the

10 record as a whole;

11 ‘‘(B) shall not make any findings or com12 munications ex parte; and

13 ‘‘(C) may be removed at any time, but shall

14 be relieved of the appointment upon the termi15 nation of relief.

16 ‘‘(g) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘consent decree’ means any relief

18 entered by the court that is based in whole or in part

19 upon the consent or acquiescence of the parties but

20 dues not include private settlements;

21 ‘‘(2) the term ‘civil action with respect to prison

22 conditions’ means any civil proceeding arising under

23 Federal law with respect to the conditions of confine24 ment or the effects of actions by government officials

25 on the lives of persons confined in prison, but does
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1 not include habeas corpus proceedings challenging the

2 fact or duration of confinement in prison;

3 ‘‘(3) the term ‘prisoner’ means any person sub4 ject to incarceration, detention, or admission to any

5 facility who is accused of, convicted of, sentenced for,

6 or adjudicated delinquent for, violations of criminal

7 law or the terms and conditions of parole, probation,

8 pretrial release, or diversionary program;

9 ‘‘(4) the term ‘prisoner release order’ includes

10 any order, including a temporary restraining order

11 or preliminary injunctive relief, that has the purpose

12 or effect of reducing or limiting the prison popu13 lation, or that directs the release from or

14 nonadmission of prisoners to a prison;

15 ‘‘(5) the term ‘prison’ means any Federal, State,

16 or local facility that incarcerates or detains juveniles

17 or adults accused of, convicted of, sentenced for, or ad18 judicated delinquent for, violations of criminal law;

19 ‘‘(6) the term ‘private settlement agreement’

20 means an agreement entered into among the parties

21 that is not subject to judicial enforcement other than

22 the reinstatement of the civil proceeding that the

23 agreement settled;

24 ‘‘(7) the term ‘prospective relief’ means all relief

25 other than compensatory monetary damages; and
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1 ‘‘(8) the term ‘relief’ means all relief in any form

2 that may be granted or approved by the court, and

3 includes consent decrees but does not include private

4 settlement agreements.’’.

5 (b) APPLICATION OF AMENDMENT.—

6 (1) IN GENERAL.—Section 3626 of title 18, Unit7 ed States Code, as amended by this section, shall

8 apply with respect to all prospective relief whether

9 such relief was originally granted or approved before,

10 on, or after the date of the enactment of this title.

11 (2) TECHNICAL AMENDMENT.—Subsections (b)

12 and (d) of section 20409 of the Violent Crime Control

13 and Law Enforcement Act of 1994 are repealed.

14 (c) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of subchapter C of chapter 229 of title 18,

16 United States Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.

17 SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU18 TIONALIZED PERSONS ACT.

19 (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the

20 Civil Rights of Institutionalized Persons Act (42 U.S.C.

21 1997a(c)) (referred to in this section as the ‘‘Act’’) is

22 amended to read as follows:

23 ‘‘(c) The Attorney General shall personally sign any

24 complaint filed pursuant to this section.’’.
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1 (b) CERTIFICATION REQUIREMENTS.—Section 4 of the

2 Act (42 U.S.C. 1997b) is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘he’’ each place it appears

5 and inserting ‘‘the Attorney General’’; and

6 (B) by striking ‘‘his’’ and inserting ‘‘the At7 torney General’s’’; and

8 (2) by amending subsection (b) to read as fol9 lows:

10 ‘‘(b) The Attorney General shall personally sign any

11 certification made pursuant to this section.’’.

12 (c) INTERVENTION IN ACTIONS.—Section 5 of the Act

13 (42 U.S.C. 1997c) is amended—

14 (1) in subsection (b)—

15 (A) in paragraph (1), by striking ‘‘he’’ each

16 place it appears and inserting ‘‘the Attorney

17 General’’; and

18 (B) by amending paragraph (2) to read as

19 follows:

20 ‘‘(2) The Attorney General shall personally sign any

21 certification made pursuant to this section.’’; and

22 (2) by amending subsection (c) to read as fol23 lows:

24 ‘‘(c) The Attorney General shall personally sign any

25 motion to intervene made pursuant to this section.’’.
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1 (d) SUITS BY PRISONERS.—Section 7 of the Act (42

2 U.S.C. 1997e) is amended to read as follows:

3 ‘‘SEC. 7. SUITS BY PRISONERS.

4 ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM5 EDIES.—No action shall be brought with respect to prison

6 conditions under section 1979 of the Revised Statutes of the

7 United States (42 U.S.C. 1983), or any other law, by a

8 prisoner confined in any jail, prison, or other correctional

9 facility until such administrative remedies as are available

10 are exhausted.

11 ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO

12 ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of

13 a State to adopt or adhere to an administrative grievance

14 procedure shall not constitute the basis for an action under

15 section 3 or 5 of this Act.

16 ‘‘(c) DISMISSAL.—(1) The court shall on its own mo17 tion or on the motion of a party dismiss any action brought

18 with respect to prison conditions under section 1979 of the

19 Revised Statutes of the United States (42 U.S.C. 1983), or

20 any other law, by a prisoner confined in any jail, prison,

21 or other correctional facility if the court is satisfied that

22 the action is frivolous, malicious, fails to state a claim upon

23 which relief can be granted, or seeks monetary relief from

24 a defendant who is immune from such relief.
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1 ‘‘(2) In the event that a claim is, on its face, frivolous,

2 malicious, fails to state a claim upon which relief can be

3 granted, or seeks monetary relief from a defendant who is

4 immune from such relief, the court may dismiss the under5 lying claim without first requiring the exhaustion of ad6 ministrative remedies.

7 ‘‘(d) ATTORNEY’S FEES.—(1) In any action brought

8 by a prisoner who is confined to any jail, prison, or other

9 correctional facility, in which attorney’s fees are authorized

10 under section 2 of the Revised Statutes of the United States

11 (42 U.S.C. 1988), such fees shall not be awarded, except

12 to the extent that—

13 ‘‘(A) the fee was directly and reasonably in14 curred in proving an actual violation of the plain15 tiff’s rights protected by a statute pursuant to which

16 a fee may be awarded under section 2 of the Revised

17 Statutes; and

18 ‘‘(B) the amount of the fee is proportionately re19 lated to the court ordered relief for the violation.

20 ‘‘(2) Whenever a monetary judgment is awarded in an

21 action described in paragraph (1), a portion of the judg22 ment (not to exceed 25 percent) shall be applied to satisfy

23 the amount of attorney’s fees awarded against the defend24 ant. If the award of attorney’s fees is greater than 25 per-
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1 cent of the judgment, the excess shall be paid by the defend2 ant.

3 ‘‘(3) No award of attorney’s fees in an action described

4 in paragraph (1) shall be based on an hourly rate greater

5 than the hourly rate established under section 3006A of title

6 18, United States Code, for payment of court-appointed

7 counsel.

8 ‘‘(4) Nothing in this subsection shall prohibit a pris9 oner from entering into an agreement to pay an attorney’s

10 fee in an amount greater than the amount authorized under

11 this subsection, if the fee is paid by the individual rather

12 than by the defendant pursuant to section 2 of the Revised

13 Statutes of the United States (42 U.S.C. 1988).

14 ‘‘(e) LIMITATION ON RECOVERY.—No Federal civil ac15 tion may be brought by a prisoner confined in a jail, pris16 on, or other correctional facility, for mental or emotional

17 injury suffered while in custody without a prior showing

18 of physical injury.

19 ‘‘(f) HEARINGS.—To the extent practicable, in any ac20 tion brought with respect to prison conditions in Federal

21 court pursuant to section 1979 of the Revised Statutes of

22 the United States (42 U.S.C. 1983), or any other law, by

23 a prisoner confined in any jail, prison, or other correctional

24 facility, pretrial proceedings in which the prisoner’s par25 ticipation is required or permitted shall be conducted by
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1 telephone or video conference without removing the prisoner

2 from the facility in which the prisoner is confined.

3 ‘‘(g) WAIVER OF REPLY.—(1) Any defendant may

4 waive the right to reply to any action brought by a prisoner

5 confined in any jail, prison, or other correctional facility

6 under section 1979 of the Revised Statutes of the United

7 States (42 U.S.C. 1983) or any other law. Notwithstanding

8 any other law or rule of procedure, such waiver shall not

9 constitute an admission of the allegations contained in the

10 complaint. No relief shall be granted to the plaintiff unless

11 a reply has been filed.

12 ‘‘(2) The court may, in its discretion, require any de13 fendant to reply to a complaint commenced under this sec14 tion.

15 ‘‘(h) DEFINITION.—As used in this section, the term

16 ‘prisoner’ means any person incarcerated or detained in

17 any facility who is accused of, convicted of, sentenced for,

18 or adjudicated delinquent for, violations of criminal law

19 or the terms and conditions of parole, probation, pretrial

20 release, or diversionary program.’’.

21 (e) REPORT TO CONGRESS.—Section 8 of the Act (42

22 U.S.C. 1997f) is amended by striking ‘‘his report’’ and in23 serting ‘‘the report’’.

24 (f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10

25 of the Act (42 U.S.C. 1997h) is amended—
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1 (1) by striking ‘‘his action’’ and inserting ‘‘the

2 action’’; and

3 (2) by striking ‘‘he is satisfied’’ and inserting

4 ‘‘the Attorney General is satisfied’’.

5 SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

6 (a) FILING FEES.—Section 1915 of title 28, United

7 States Code, is amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘(a) Any’’ and inserting

10 ‘‘(a)(1) Subject to subsection (b), any’’;

11 (B) by striking ‘‘and costs’’;

12 (C) by striking ‘‘makes affidavit’’ and in13 serting ‘‘submits an affidavit’’;

14 (D) by striking ‘‘such costs’’ and inserting

15 ‘‘such fees’’;

16 (E) by striking ‘‘he’’ each place it appears

17 and inserting ‘‘the person’’;

18 (F) by adding immediately after paragraph

19 (1), the following new paragraph:

20 ‘‘(2) A prisoner seeking to bring a civil action or ap21 peal a judgment in a civil action or proceeding without

22 prepayment of fees or security therefor, in addition to filing

23 the affidavit filed under paragraph (1), shall submit a cer24 tified copy of the trust fund account statement (or institu25 tional equivalent) for the prisoner for the 6-month period
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1 immediately preceding the filing of the complaint or notice

2 of appeal, obtained from the appropriate official of each

3 prison at which the prisoner is or was confined.’’; and

4 (G) by striking ‘‘An appeal’’ and inserting

5 ‘‘(3) An appeal’’;

6 (2) by redesignating subsections (b), (c), (d), and

7 (e) as subsections (c), (d), (e), and (f), respectively;

8 (3) by inserting after subsection (a) the following

9 new subsection:

10 ‘‘(b)(1) Notwithstanding subsection (a), if a prisoner

11 brings a civil action or files an appeal in forma pauperis,

12 the prisoner shall be required to pay the full amount of a

13 filing fee. The court shall assess, and when funds exist, col14 lect, as a partial payment of any court fees required by

15 law, an initial partial filing fee of 20 percent of the greater

16 of—

17 ‘‘(A) the average monthly deposits to the pris18 oner’s account; or

19 ‘‘(B) the average monthly balance in the pris20 oner’s account for the 6-month period immediately

21 preceding the filing of the complaint or notice of ap22 peal.

23 ‘‘(2) After payment of the initial partial filing fee, the

24 prisoner shall be required to make monthly payments of 20

25 percent of the preceding month’s income credited to the pris-
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1 oner’s account. The agency having custody of the prisoner

2 shall forward payments from the prisoner’s account to the

3 clerk of the court each time the amount in the account ex4 ceeds $10 until the filing fees are paid.

5 ‘‘(3) In no event shall the filing fee collected exceed the

6 amount of fees permitted by statute for the commencement

7 of a civil action or an appeal of a civil action or criminal

8 judgment.

9 ‘‘(4) In no event shall a prisoner be prohibited from

10 bringing a civil action or appealing a civil or criminal

11 judgment for the reason that the prisoner has no assets and

12 no means by which to pay the initial partial filing fee.’’;

13 (4) in subsection (c), as redesignated by para14 graph (2), by striking ‘‘subsection (a) of this section’’

15 and inserting ‘‘subsections (a) and (b) and the pre16 payment of any partial filing fee as may be required

17 under subsection (b)’’; and

18 (5) by amending subsection (e), as redesignated

19 by paragraph (2), to read as follows:

20 ‘‘(e)(1) The court may request an attorney to represent

21 any person unable to afford counsel.

22 ‘‘(2) Notwithstanding any filing fee, or any portion

23 thereof, that may have been paid, the court shall dismiss

24 the case at any time if the court determines that—

25 ‘‘(A) the allegation of poverty is untrue; or
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1 ‘‘(B) the action or appeal—

2 ‘‘(i) is frivolous or malicious;

3 ‘‘(ii) fails to state a claim on which relief

4 may be granted; or

5 ‘‘(iii) seeks monetary relief against a de6 fendant who is immune from such relief.’’.

7 (b) COSTS.—Section 1915(f) of title 28, United States

8 Code (as redesignated by subsection (a)(2)), is amended—

9 (1) by striking ‘‘(f) Judgment’’ and inserting

10 ‘‘(f)(1) Judgment’’;

11 (2) by striking ‘‘cases’’ and inserting ‘‘proceed12 ings’’; and

13 (3) by adding at the end the following new para14 graph:

15 ‘‘(2)(A) If the judgment against a prisoner includes

16 the payment of costs under this subsection, the prisoner

17 shall be required to pay the full amount of the costs ordered.

18 ‘‘(B) The prisoner shall be required to make payments

19 for costs under this subsection in the same manner as is

20 provided for filing fees under subsection (a)(2).

21 ‘‘(C) In no event shall the costs collected exceed the

22 amount of the costs ordered by the court.’’.

23 (c) SUCCESSIVE CLAIMS.—Section 1915 of title 28,

24 United States Code, is amended by adding at the end the

25 following new subsection:
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1 ‘‘(g) In no event shall a prisoner bring a civil action

2 or appeal a judgment in a civil action or proceeding under

3 this section if the prisoner has, on 3 or more prior occa4 sions, while incarcerated or detained in any facility,

5 brought an action or appeal in a court of the United States

6 that was dismissed on the grounds that it is frivolous, mali7 cious, or fails to state a claim upon which relief may be

8 granted, unless the prisoner is under imminent danger of

9 serious physical injury.’’.

10 (d) DEFINITION.—Section 1915 of title 28, United

11 States Code, is amended by adding at the end the following

12 new subsection:

13 ‘‘(h) As used in this section, the term ‘prisoner’ means

14 any person incarcerated or detained in any facility who

15 is accused of, convicted of, sentenced for, or adjudicated de16 linquent for, violations of criminal law or the terms and

17 conditions of parole, probation, pretrial release, or diver18 sionary program.’’.

19 SEC. 805. JUDICIAL SCREENING.

20 (a) IN GENERAL.—Chapter 123 of title 28, United

21 States Code, is amended by inserting after section 1915 the

22 following new section:

23 ‘‘§ 1915A. Screening

24 ‘‘(a) SCREENING.—The court shall review, before dock25 eting, if feasible or, in any event, as soon as practicable
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1 after docketing, a complaint in a civil action in which a

2 prisoner seeks redress from a governmental entity or officer

3 or employee of a governmental entity.

4 ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court

5 shall dismiss the complaint, or any portion of the com6 plaint, if the complaint—

7 ‘‘(1) is frivolous, malicious, or fails to state a

8 claim upon which relief may be granted; or

9 ‘‘(2) seeks monetary relief from a defendant who

10 is immune from such relief.

11 ‘‘(c) DEFINITION.—As used in this section, the term

12 ‘prisoner’ means any person incarcerated or detained in

13 any facility who is accused of, convicted of, sentenced for,

14 or adjudicated delinquent for, violations of criminal law

15 or the terms and conditions of parole, probation, pretrial

16 release, or diversionary program.’’.

17 (b) TECHNICAL AMENDMENT.—The analysis for chap18 ter 123 of title 28, United States Code, is amended by in19 serting after the item relating to section 1915 the following

20 new item:

‘‘1915A. Screening.’’.

21 SEC. 806. FEDERAL TORT CLAIMS.

22 Section 1346(b) of title 28, United States Code, is

23 amended—

24 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

25 (2) by adding at the end the following:
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1 ‘‘(2) No person convicted of a felony who is incarcer2 ated while awaiting sentencing or while serving a sentence

3 may bring a civil action against the United States or an

4 agency, officer, or employee of the Government, for mental

5 or emotional injury suffered while in custody without a

6 prior showing of physical injury.’’.

7 SEC. 807. EARNED RELEASE CREDIT OR GOOD TIME CREDIT

8 REVOCATION.

9 (a) IN GENERAL.—Chapter 123 of title 28, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 1932. Revocation of earned release credit

13 ‘‘In any civil action brought by an adult convicted of

14 a crime and confined in a Federal correctional facility, the

15 court may order the revocation of such earned good time

16 credit under section 3624(b) of title 18, United States Code,

17 that has not yet vested, if, on its own motion or the motion

18 of any party, the court finds that—

19 ‘‘(1) the claim was filed for a malicious purpose;

20 ‘‘(2) the claim was filed solely to harass the

21 party against which it was filed; or

22 ‘‘(3) the claimant testifies falsely or otherwise

23 knowingly presents false evidence or information to

24 the court.’’.
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1 (b) TECHNICAL AMENDMENT.—The analysis for chap2 ter 123 of title 28, United States Code, is amended by in3 serting after the item relating to section 1931 the following:

‘‘1932. Revocation of earned release credit.’’.

4 (c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec5 tion 3624(b) of title 18, United States Code, is amended—

6 (1) in paragraph (1)—

7 (A) by striking the first sentence;

8 (B) in the second sentence—

9 (i) by striking ‘‘A prisoner’’ and in10 serting ‘‘Subject to paragraph (2), a pris11 oner’’;

12 (ii) by striking ‘‘for a crime of vio13 lence,’’; and

14 (iii) by striking ‘‘such’’;

15 (C) in the third sentence, by striking ‘‘If the

16 Bureau’’ and inserting ‘‘Subject to paragraph

17 (2), if the Bureau’’;

18 (D) by striking the fourth sentence and in19 serting the following: ‘‘In awarding credit under

20 this section, the Bureau shall consider whether

21 the prisoner, during the relevant period, has

22 earned, or is making satisfactory progress to23 ward earning, a high school diploma or an

24 equivalent degree.’’; and
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1 (E) in the sixth sentence, by striking ‘‘Cred2 it for the last’’ and inserting ‘‘Subject to para3 graph (2), credit for the last’’; and

4 (2) by amending paragraph (2) to read as fol5 lows:

6 ‘‘(2) Notwithstanding any other law, credit

7 awarded under this subsection after the date of enact8 ment of the Prison Litigation Reform Act shall vest

9 on the date the prisoner is released from custody.’’.

10 This Act may be cited as the ‘‘Departments of Com11 merce, Justice, and State, the Judiciary, and Related Agen12 cies Appropriations Act, 1996’’.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 2076

AMENDMENT
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