PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321

* Note: This is a typeset print of the original hand enrollment as signed by the President on

April 26, 1996. The text is printed without corrections. Footnotes indicate missing or illegible

text in the original.

* Public Law 104–134

104th Congress

An Act

Making appropriations for fiscal year 1996 to make a further downpayment toward

a balanced budget, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations

Act:

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

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

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

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

management and oversight of Immigration and Naturalization

Service activities, both sums to remain available until expended:

Provided, That not to exceed 48 permanent positions and 55 fulltime equivalent workyears and $7,477,000 shall be expended for

the Department Leadership Program, exclusive of augmentation

that occurred in these offices in fiscal year 1995: Provided further,

That not to exceed 76 permanent positions and 90 full-time equivalent workyears and $9,487,000 shall be expended for the Offices

of Legislative Affairs, Public Affairs and Policy Development: Provided further, That the latter three aforementioned offices shall

not be augmented by personnel details, temporary transfers of

personnel on either a reimbursable or non-reimbursable basis or

any other type of formal or informal transfer or reimbursement

of personnel or funds on either a temporary or long-term basis.

Departments of

Commerce,

Justice, and

State, the

Judiciary, and

Related Agencies

Appropriation

Act, 1996.

Omnibus

Consolidated

Rescissions and

Appropriations

Act of 1996.

Apr. 26, 1996

[H.R. 3019]
110 STAT. 1321–1 PUBLIC LAW 104–134—APR. 26, 1996

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General,

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

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

reestablishing the operational capability of an office or facility which

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

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

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

support to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection

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

threat assessment of Federal agencies and their facilities: Provided,

That funds provided under this section shall be available only

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

with section 605 of this Act.

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and

clemency petitions and immigration related activities, $38,886,000:

Provided, That the obligated and unobligated balances of funds

previously appropriated to the General Administration, Salaries

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

with this appropriation.

VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND

APPEALS

For activities authorized by sections 130005 and 130007 of

Public Law 103–322, $47,780,000, to remain available until

expended, which shall be derived from the Violent Crime Reduction

Trust Fund: Provided, That the obligated and unobligated balances

of funds previously appropriated to the General Administration,

Salaries and Expenses appropriation under title VIII of Public

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

be merged with this appropriation.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

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

unforeseen emergencies of a confidential character, to be expended

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

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

maintenance and operation of motor vehicles without regard to

the general purchase price limitation.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission

as authorized by law, $5,446,000.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–2

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

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

available until expended: Provided, That of the funds available

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

divisions covered by this appropriation, and for the United States

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

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

available to the United States National Central Bureau,

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

General may accept on behalf of the United States and credit

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

for the purpose of hosting the International Criminal Police

Organization’s (INTERPOL) American Regional Conference in the

United States during fiscal year 1996.

In addition, for reimbursement of expenses of the Department

of Justice associated with processing cases under the National

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

to be appropriated from the Vaccine Injury Compensation Trust

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

Stat. 1289).

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

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

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

VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES

For the expeditious deportation of denied asylum applicants,

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

to remain available until expended, which shall be derived from

the Violent Crime Reduction Trust Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $65,783,000: Provided, That notwithstanding any other provision of law, not to exceed $48,262,000 of offsetting collections derived from fees collected for premerger notification filings

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

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

in this appropriation, and shall remain available until expended:

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

during fiscal year 1996, so as to result in a final fiscal year 1996
110 STAT. 1321–3 PUBLIC LAW 104–134—APR. 26, 1996

appropriation from the General Fund estimated at not more than

$17,521,000: Provided further, That any fees received in excess of $48,262,000 in fiscal year 1996, shall remain available until

expended, but shall not be available for obligation until October

1, 1996.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

which not to exceed $2,500,000 shall be available until September

30, 1997 for the purposes of (1) providing training of personnel

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

to the Department of Justice related to locating debtors and their

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

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

the Department of Justice for the sale of property not covered

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

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

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

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

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

funds available for automated litigation support contracts and

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

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

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

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS

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

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

until expended, which shall be derived from the Violent Crime

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

to help meet increased demands for litigation and related activities,

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

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

denied asylum applicants.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,

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

the Bankruptcy Judges, United States Trustees, and Family Farmer

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

from the United States Trustee System Fund: Provided, That

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

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

notwithstanding any other provision of law, not to exceed

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

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

amended, shall be retained and used for necessary expenses in

this appropriation: Provided further, That the $102,390,000 herein
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–4

appropriated from the United States Trustee System Fund shall

be reduced as such offsetting collections are received during fiscal

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

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

further, That any of the aforementioned fees collected in excess of $44,191,000 in fiscal year 1996 shall remain available until

expended, but shall not be available for obligation until October

1, 1996.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign

Claims Settlement Commission, including services as authorized

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

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service;

including the acquisition, lease, maintenance, and operation of

vehicles and aircraft, and the purchase of passenger motor vehicles

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

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

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

for official reception and representation expenses.

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS

SERVICE

For activities authorized by section 190001(b) of Public Law 103–322, $25,000,000, to remain available until expended, which

shall be derived from the Violent Crime Reduction Trust Fund.

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

For expenses related to United States prisoners in the custody

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

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

authorized by 28 U.S.C. 561(i), to remain available until expended. In addition, for Federal Prisoner Detention, $9,000,000 shall

be made available until expended to be derived by transfer from

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

FEES AND EXPENSES OF WITNESSES

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

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

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

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

construction, renovations, maintenance, remodeling, and repair of

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

be made available for the purchase and maintenance of armored

vehicles for transportation of protected witnesses; and of which

not to exceed $4,000,000 may be made available for the purchase,
110 STAT. 1321–5 PUBLIC LAW 104–134—APR. 26, 1996

installation and maintenance of a secure automated information

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

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,

established by title X of the Civil Rights Act of 1964, $5,319,000:

Provided, That notwithstanding any other provision of law, upon

a determination by the Attorney General that emergent circumstances require additional funding for conflict prevention and

resolution activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal

year for the Department of Justice, as may be necessary to respond

to such circumstances: Provided further, That any transfer pursuant

to this section shall be treated as a reprogramming under section

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

section.

ASSETS FORFEITURE FUND

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

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

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses in accordance with the

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

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

For payments to the Radiation Exposure Compensation Trust

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

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the detection, investigation, and

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

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

shall remain available until expended: Provided, That any amounts

obligated from appropriations under this heading may be used

under authorities available to the organizations reimbursed from

this appropriation: Provided further, That any unobligated balances

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

the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–6

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for detection, investigation, and

prosecution of crimes against the United States; including purchase

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

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

the general purchase price limitation for the current fiscal year,

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

unforeseen emergencies of a confidential character, to be expended

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

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

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

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

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

be for counterterrorism investigations, foreign counterintelligence,

and other activities related to our national security; of which not

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

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

for making payments or advances for expenses arising out of

contractual or reimbursable agreements with State and local law

enforcement agencies while engaged in cooperative activities related

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

independent program office dedicated solely to the relocation of

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

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

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

be derived from ADP and Telecommunications unobligated balances,

in addition, $22,000,000 shall be derived by transfer and available

until expended from unobligated balances in the Working Capital

Fund of the Department of Justice.

VIOLENT CRIME REDUCTION PROGRAMS

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

to remain available until expended, which shall be derived from

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

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

for Training and Investigative Assistance authorized by section

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

and proficiency testing standards, establishing an index to facilitate

law enforcement exchange of DNA identification information, and

related activities authorized by section 210306.

CONSTRUCTION

For necessary expenses to construct or acquire buildings and

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

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

$97,589,000, to remain available until expended.
110 STAT. 1321–7 PUBLIC LAW 104–134—APR. 26, 1996

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

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

the Attorney General; expenses for conducting drug education and

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

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

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

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

general purchase price limitation for the current fiscal year; and

acquisition, lease, maintenance, and operation of aircraft;

$750,168,000, of which not to exceed $1,800,000 for research and

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

for operating expenses shall remain available until expended, and

of which not to exceed $4,000,000 for purchase of evidence and

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

for ADP and telecommunications equipment, and not to exceed

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

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

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

expenses.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by sections 180104 and 190001(b) of Public Law 103–322, $60,000,000, to remain available until

expended, which shall be derived from the Violent Crime Reduction

Trust Fund.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary for the

administration and enforcement of the laws relating to immigration,

naturalization, and alien registration, including not to exceed

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

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

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

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

only) without regard to the general purchase price limitation for

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

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

$36,300,000 shall remain available until September 30, 1997; of

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

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

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

for costs associated with the training program for basic officer

training: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available for administrative

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

of $25,000 during the calendar year beginning January 1, 1996:

Provided further, That uniforms may be purchased without regard
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–8

to the general purchase price limitation for the current fiscal year:

Provided further, That not to exceed $5,000 shall be available

for official reception and representation expenses: Provided further,

That the Attorney General may transfer to the Department of

Labor and the Social Security Administration not to exceed

$10,000,000 for programs to verify the immigration status of persons

seeking employment in the United States: Provided further, That

none of the funds provided in this or any other Act shall be used

for the continued operation of the San Clemente and Temecula

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

being checked on a continuous 24-hour basis and (2) the Immigration and Naturalization Service undertakes a commuter lane facilitation pilot program at the San Clemente checkpoint within 90

days of enactment of this Act: Provided further, That the Immigration and Naturalization Service shall undertake the renovation

and improvement of the San Clemente checkpoint, to include the

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

Federal procurement regulations for contract formation, from within

existing balances in the Immigration and Naturalization Service

Construction account: Provided further, That if renovation of the

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

San Clemente checkpoint will close until such time as the renovations and improvements are completed unless funds for the continued operation of the checkpoint are provided and made available

for obligation and expenditure in accordance with procedures set

forth in section 605 of this Act, as the result of certification by

the Attorney General that exigent circumstances require the checkpoint to be open and delays in completion of the renovations are

not the result of any actions that are or have been in the control

of the Department of Justice: Provided further, That the Office

of Public Affairs at the Immigration and Naturalization Service

shall conduct its business in areas only relating to its central

mission, including: research, analysis, and dissemination of information, through the media and other communications outlets, relating

to the activities of the Immigration and Naturalization Service:

Provided further, That the Office of Congressional Relations at

the Immigration and Naturalization Service shall conduct business

in areas only relating to its central mission, including: providing

services to Members of Congress relating to constituent inquiries

and requests for information; and working with the relevant

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

Attorney General is authorized to accept and utilize, on behalf

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

and Naturalization Service’s Operation Jobs program.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by sections 130005, 130006, and 130007 of Public Law 103–322, $316,198,000, to remain available

until expended, which will be derived from the Violent Crime Reduction Trust Fund, of which $38,704,000 shall be for expeditious

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

border controls, and $45,924,000 for expanded special deportation

proceedings: Provided, That of the amounts made available,

$75,765,000 shall be for the Border Patrol.
110 STAT. 1321–9 PUBLIC LAW 104–134—APR. 26, 1996

CONSTRUCTION

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

and enforcement of the laws relating to immigration, naturalization,

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

to remain available until expended.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and

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

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

and for the provision of technical assistance and advice on corrections related issues to foreign governments; $2,567,578,000: Provided, That there may be transferred to the Health Resources

and Services Administration such amounts as may be necessary,

in the discretion of the Attorney General, for direct expenditures

by that Administration for medical relief for inmates of Federal

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

enter into contracts with a fiscal agent/fiscal intermediary claims

processor to determine the amounts payable to persons who, on

behalf of the FPS, furnish health services to individuals committed

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

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

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

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

the activation of new facilities shall remain available until September 30, 1997: Provided further, That of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements and other expenses authorized

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

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

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

shall be used to privatize any Federal prison facilities located in

Forrest City, Arkansas, and Yazoo City, Mississippi.

VIOLENT CRIME REDUCTION PROGRAMS

For substance abuse treatment in Federal prisons as authorized

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

available until expended, which shall be derived from the Violent

Crime Reduction Trust Fund.

BUILDINGS AND FACILITIES

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

and acquisition of facilities and remodeling and equipping of such

facilities for penal and correctional use, including all necessary

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

42 USC 250a.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–10

necessary expenses incident thereto, by contract or force account;

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

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

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

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

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

System upon notification by the Attorney General to the Committees

on Appropriations of the House of Representatives and the Senate

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

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

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

construction of United States Marshals Service prisoner holding

facilities.

FEDERAL PRISON INDUSTRIES, INCORPORATED

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

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

to make such contracts and commitments, without regard to fiscal

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

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

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

only) and hire of passenger motor vehicles.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

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

be available for its administrative expenses, and for services as

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

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

of depreciation, payment of claims, and expenditures which the

said accounting system requires to be capitalized or charged to

cost of commodities acquired or produced, including selling and

shipping expenses, and expenses in connection with acquisition,

construction, operation, maintenance, improvement, protection, or

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

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

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

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

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

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

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

Streets Act, as amended by Public Law 102–534 (106 Stat. 3524).
110 STAT. 1321–11 PUBLIC LAW 104–134—APR. 26, 1996

VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE ASSISTANCE

For assistance (including amounts for administrative costs for

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

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

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

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

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

shall be derived from the Violent Crime Reduction Trust Fund;

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

for Child Abuse Training Programs for Judicial Personnel and

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

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

States, units of local governments and Indian tribal governments,

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

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

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

Violence and Child Abuse Enforcement Assistance Grants, as

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

programs to assist probation and parole officers who work with

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

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

for grants for televised testimony, as authorized by section

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

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

of sexual and domestic violence, as authorized by section 40292

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

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

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

grants for residential substance abuse treatment for State prisoners

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

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

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

any balances for these programs shall be transferred to and merged

with this appropriation.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

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

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

to remain available until expended, as authorized by section 1001

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

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

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

said Act, for discretionary grants under the Edward Byrne Memorial

State and Local Law Enforcement Assistance Programs: Provided,

That balances of amounts appropriated prior to fiscal year 1995

under the authorities of this account shall be transferred to and

merged with this account.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–12

VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW

ENFORCEMENT ASSISTANCE

For assistance (including amounts for administrative costs for

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

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

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

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

1990 Act’’); $1,605,200,000, to remain available until expended,

which shall be derived from the Violent Crime Reduction Trust

Fund; of which $503,000,000 shall be for Local Law Enforcement

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

Representatives on February 14, 1995, except that for purposes

of this Act, the Commonwealth of Puerto Rico shall be considered

a ‘‘unit of local government’’ as well as a ‘‘state’’, for the purposes

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

of H.R. 728 and for establishing crime prevention programs involving cooperation between community residents and law enforcement

personnel in order to control, detect, or investigate crime or the

prosecution of criminals: Provided, That no funds provided under

this heading may be used as matching funds for any other federal

grant program: Provided further, That notwithstanding any other

provision of this title, the Attorney General may transfer up to

$18,000,000 of this amount for drug courts pursuant to title V

of the 1994 Act, consistent with the reprogramming procedures

outlined in section 605 of this Act: Provided further, That in lieu

of any amount provided from the Local Law Enforcement Block

Grant for the District of Columbia, $15,000,000 shall be deposited

into an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority, pursuant to section

205 of Public Law 104–8, for the District of Columbia Metropolitan

Police Department for law enforcement purposes and shall be disbursed from such escrow account pursuant to the instructions of

the Authority and in accordance with a plan developed by the

Chief of Police, after consultation with the Committees on Appropriations and Judiciary of the Senate and House of Representatives:

Provided further, That $11,000,000 of this amount shall be for

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

Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement: Provided further, That

funds may also be used to defray the costs of indemnification

insurance for law enforcement officers; $25,000,000 for grants to

upgrade criminal records, as authorized by section 106(b) of the

Brady Handgun Violence Prevention Act of 1993, as amended,

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

$147,000,000 as authorized by section 1001 of title I of the 1968

Act, which shall be available to carry out the provisions of subpart

1, part E of title I of the 1968 Act, notwithstanding section 511

of said Act, for the Edward Byrne Memorial State and Local Law

Enforcement Assistance Programs; $300,000,000 for the State

Criminal Alien Assistance Program, as authorized by section 242(j)

of the Immigration and Nationality Act, as amended; $617,500,000

for Violent Offender Incarceration and Truth in Sentencing Incentive Grants pursuant to subtitle A of title II of the Violent Crime

Control and Law Enforcement Act of 1994 (as amended by section
110 STAT. 1321–13 PUBLIC LAW 104–134—APR. 26, 1996

114 of this Act), of which $200,000,000 shall be available for payments to States for incarceration of criminal aliens, and of which

$12,500,000 shall be available for the Cooperative Agreement Program; $1,000,000 for grants to States and units of local government

for projects to improve DNA analysis, as authorized by section

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

Technical Automation Grants, as authorized by section 210501(c)(1)

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

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

$500,000 for Motor Vehicle Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act; $1,000,000 for Gang

Investigation Coordination and Information Collection, as authorized by section 150006 of the 1994 Act; $200,000 for grants as

authorized by section 32201(c)(3) of the 1994 Act: Provided further,

That funds made available in fiscal year 1996 under subpart 1

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

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

States in the litigation processing of death penalty Federal habeas

corpus petitions: Provided further, That any 1995 balances for these

programs shall be transferred to and merged with this appropriation: Provided further, That if a unit of local government uses

any of the funds made available under this title to increase the

number of law enforcement officers, the unit of local government

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

who perform nonadministrative public safety service.

COMMUNITY ORIENTED POLICING SERVICES

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by the Violent Crime Control and

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

Act’’) (including administrative costs); $1,400,000,000, to remain

available until expended, which shall be derived from the Violent

Crime Reduction Trust Fund, for Public Safety and Community

Policing Grants pursuant to title I of the 1994 Act: Provided, That

of this amount, $10,000,000 shall be available for programs of

Police Corps education, training and service as set forth in sections

200101–200113 of the 1994 Act: Provided further, That not to

exceed 130 permanent positions and 130 full-time equivalent

workyears and $14,602,000 shall be expended for program management and administration.

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses

of the Executive Office for Weed and Seed, to implement ‘‘Weed

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

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

remain available until expended for intergovernmental agreements,

including grants, cooperative agreements, and contracts, with State

and local law enforcement agencies engaged in the investigation

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

Seed’’ designated communities, and for either reimbursements or

transfers to appropriation accounts of the Department of Justice

and other Federal agencies which shall be specified by the Attorney

General to execute the ‘‘Weed and Seed’’ program strategy: Provided,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–14

That funds designated by Congress through language for other

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

program activities shall be managed and executed by the Attorney

General through the Executive Office for Weed and Seed: Provided

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

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

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

JUVENILE JUSTICE PROGRAMS

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

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

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

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

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

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

shall be available for expenses authorized by sections 281 and

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

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

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

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

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

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

other assistance authorized by the Victims of Child Abuse Act

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

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

That balances of amounts appropriated prior to fiscal year 1995

under the authorities of this account shall be transferred to and

merged with this account.

PUBLIC SAFETY OFFICERS BENEFITS

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

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

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

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

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

of said Act.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

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

Violent Crime Control and Law Enforcement Act of 1994 is amended

to read as follows:
110 STAT. 1321–15 PUBLIC LAW 104–134—APR. 26, 1996

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

Grants

‘‘SEC. 20101. DEFINITIONS.

‘‘Unless otherwise provided, for purposes of this subtitle—

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

by which—

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

by statute; and

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

board, or the court, controls release within the statutory

range;

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

nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation

for purposes of the Uniform Crime Reports; and

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

the District of Columbia, the Commonwealth of Puerto Rico,

the United States Virgin Islands, American Samoa, Guam,

and the Northern Mariana Islands.

‘‘SEC. 20102. AUTHORIZATION OF GRANTS.

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

Offender Incarceration grants under section 20103 and Truth-inSentencing Incentive grants under section 20104 to eligible States—

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

the bed capacity for the confinement of persons convicted of

a part 1 violent crime or adjudicated delinquent for an act

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

crime;

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

facilities, including facilities on military bases, prison barges,

and boot camps, for the confinement of convicted nonviolent

offenders and criminal aliens, for the purpose of freeing suitable

existing prison space for the confinement of persons convicted

of a part 1 violent crime; and

‘‘(3) to build or expand jails.

‘‘(b) REGIONAL COMPACTS.—

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

enter into regional compacts to carry out this subtitle. Such

compacts shall be treated as States under this subtitle.

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

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

member State must be eligible individually.

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

receive a grant under this subtitle both individually and as

part of a compact.

‘‘(c) APPLICABILITY.—Notwithstanding the eligibility requirements of section 20104, a State that certifies to the Attorney General that, as of the date of enactment of the Department of Justice

Appropriations Act, 1996, such State has enacted legislation in

reliance on subtitle A of title II of the Violent Crime Control

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

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

42 USC 13702.

42 USC 13701.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–16

to receive a grant for fiscal year 1996 as though such State qualifies

under section 20104 of this subtitle.

‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

‘‘(a) ELIGIBILITY FOR MINIMUM GRANT.—To be eligible to receive

a minimum grant under this section, a State shall submit an

application to the Attorney General that provides assurances that

the State has implemented, or will implement, correctional policies

and programs, including truth-in-sentencing laws that ensure that

violent offenders serve a substantial portion of the sentences

imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and

that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period

of time deemed necessary to protect the public.

‘‘(b) ADDITIONAL AMOUNT FOR INCREASED PERCENTAGE OF PER- SONS SENTENCED AND TIME SERVED.—A State that received a grant

under subsection (a) is eligible to receive additional grant amounts

if such State demonstrates that the State has, since 1993—

‘‘(1) increased the percentage of persons arrested for a

part 1 violent crime sentenced to prison; or

‘‘(2) increased the average prison time actually served or

the average percent of sentence served by persons convicted

of a part 1 violent crime.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (c).

‘‘(c) ADDITIONAL AMOUNT FOR INCREASED RATE OF INCARCER- ATION AND PERCENTAGE OF SENTENCE SERVED.—A State that

received a grant under subsection (a) is eligible to receive additional

grant amounts if such State demonstrates that the State has—

‘‘(1) since 1993, increased the percentage of persons

arrested for a part 1 violent crime sentenced to prison, and

has increased the average percent of sentence served by persons

convicted of a part 1 violent crime; or

‘‘(2) has increased by 10 percent or more over the most

recent 3-year period the number of new court commitments

to prison of persons convicted of part 1 violent crimes.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (b).

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

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

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

General that demonstrates that—

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

that—

‘‘(A) require persons convicted of a part 1 violent crime

to serve not less than 85 percent of the sentence imposed

(without counting time not actually served, such as

administrative or statutory incentives for good behavior);

or

‘‘(B) result in persons convicted of a part 1 violent

crime serving on average not less than 85 percent of the

sentence imposed (without counting time not actually

served, such as administrative or statutory incentives for

good behavior);

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

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

42 USC 13704.

42 USC 13703.
110 STAT. 1321–17 PUBLIC LAW 104–134—APR. 26, 1996

not later than 3 years after such State submits an application

to the Attorney General, to provide that persons convicted

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

the sentence imposed (without counting time not actually

served, such as administrative or statutory incentives for good

behavior); or

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

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

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

crime—

‘‘(A) persons convicted of a part 1 violent crime on

average serve not less than 85 percent of the prison term

established under the State’s sentencing and release guidelines; or

‘‘(B) persons convicted of a part 1 violent crime on

average serve not less than 85 percent of the maximum

prison term allowed under the sentence imposed by the

court (not counting time not actually served such as

administrative or statutory incentives for good behavior).

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

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

release of—

‘‘(1) a geriatric prisoner; or

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

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

a proposed release.

‘‘SEC. 20105. SPECIAL RULES.

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

OF LOCAL GOVERNMENT.—

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

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

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

and other correctional facilities.

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

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

of local government that results from the implementation of

policies adopted by the State to carry out section 20103 or

20104.

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

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

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

the enactment of this subtitle, policies that provide for the recognition of the rights and needs of crime victims.

‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwithstanding any

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

located in a State that otherwise meets the requirements of section

20103 or 20104, certifies to the Attorney General that exigent

circumstances exist that require the State to expend funds to build

or expand facilities to confine juvenile offenders other than juvenile

offenders adjudicated delinquent for an act which, if committed

42 USC 13705.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–18

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

funds received under this subtitle to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.

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

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

‘‘(e) DEFINITION.—For purposes of this subtitle, ‘‘part 1 violent

crime’’ means a part 1 violent crime as defined in section 20101(3),

or a crime in a reasonably comparable class of serious violent

crimes as approved by the Attorney General.

‘‘SEC. 20106. FORMULA FOR GRANTS.

‘‘(a) ALLOCATION OF VIOLENT OFFENDER INCARCERATION

GRANTS UNDER SECTION 20103.—

‘‘(1) FORMULA ALLOCATION.—85 percent of the amount

available for grants under section 20103 for any fiscal year

shall be allocated as follows (except that a State may not

receive more than 9 percent of the total amount of funds

made available under this paragraph):

‘‘(A) 0.75 percent shall be allocated to each State that

meets the requirements of section 20103(a), except that

the United States Virgin Islands, American Samoa, Guam,

and the Commonwealth of the Northern Mariana Islands,

if eligible under section 20103(a), shall each be allocated

0.05 percent.

‘‘(B) The amount remaining after application of

subparagraph (A) shall be allocated to each State that

meets the requirements of section 20103(b), in the ratio

that the number of part 1 violent crimes reported by such

State to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is

made, bears to the average annual number of part 1 violent

crimes reported by all States that meet the requirements

of section 20103(b) to the Federal Bureau of Investigation

for the 3 years preceding the year in which the determination is made.

‘‘(2) ADDITIONAL ALLOCATION.—15 percent of the amount

available for grants under section 20103 for any fiscal year

shall be allocated to each State that meets the requirements

of section 20103(c) as follows:

‘‘(A) 3.0 percent shall be allocated to each State that

meets the requirements of section 20103(c), except that

the United States Virgin Islands, American Samoa, Guam,

and the Commonwealth of the Northern Mariana Islands,

if eligible under such subsection, shall each be allocated

0.03 percent.

‘‘(B) The amount remaining after application of

subparagraph (A) shall be allocated to each State that

meets the requirements of section 20103(c), in the ratio

that the number of part 1 violent crimes reported by such

State to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is

made, bears to the average annual number of part 1 violent

crimes reported by all States that meet the requirements

of section 20102(c) to the Federal Bureau of Investigation

for the 3 years preceding the year in which the determination is made.

42 USC 13706.
110 STAT. 1321–19 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(b) ALLOCATION OF TRUTH-IN-SENTENCING GRANTS UNDER SEC- TION 20104.—The amounts available for grants for section 20104

shall be allocated to each State that meets the requirements of

section 20104 in the ratio that the average annual number of

part 1 violent crimes reported by such State to the Federal Bureau

of Investigation for the 3 years preceding the year in which the

determination is made bears to the average annual number of

part 1 violent crimes reported by States that meet the requirements

of section 20104 to the Federal Bureau of Investigation for the

3 years preceding the year in which the determination is made,

except that a State may not receive more than 25 percent of the

total amount available for such grants.

‘‘(c) UNAVAILABLE DATA.—If data regarding part 1 violent

crimes in any State is substantially inaccurate or is unavailable

for the 3 years preceding the year in which the determination

is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous

year for the State for the purposes of allocation of funds under

this subtitle.

‘‘(d) REGIONAL COMPACTS.—In determining the amount of funds

that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a)

or (b) and (c) of this section to each member State of the compact.

The States organized as a regional compact may receive the sum

of the amounts so determined.

‘‘SEC. 20107. ACCOUNTABILITY.

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

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

conform to guidelines prescribed by the Attorney General, and

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

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

technology.

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

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

this subtitle in the same manner that such provisions apply to

the officials listed in such sections.

‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—

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

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

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

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

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

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

‘‘(2) DISTRIBUTION.—

‘‘(A) IN GENERAL.—Of the amounts remaining after

the allocation of funds for the purposes set forth under

sections 20110, 20111, and 20109, the Attorney General

shall, from amounts authorized to be appropriated under

paragraph (1) for each fiscal year, distribute 50 percent

for incarceration grants under section 20103, and 50 percent for incentive grants under section 20104.

42 USC 13708.

42 USC 13707.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–20

‘‘(B) DISTRIBUTION OF MINIMUM AMOUNTS.—The Attorney General shall distribute minimum amounts allocated

for section 20103(a) to an eligible State not later than

30 days after receiving an application that demonstrates

that such State qualifies for a Violent Offender Incarceration grant under section 20103 or a Truth-in-Sentencing

Incentive grant under section 20104.

‘‘(b) LIMITATIONS ON FUNDS.—

‘‘(1) USES OF FUNDS.—Except as provided in section 20110

and 20111, funds made available pursuant to this section shall

be used only to carry out the purposes described in section

20102(a).

‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds made available pursuant to this section shall not be used to supplant

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

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

from State sources.

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

the funds that remain available after carrying out sections

20109, 20110, and 20111 shall be available to the Attorney

General for purposes of—

‘‘(A) administration;

‘‘(B) research and evaluation, including assessment of

the effect on public safety and other effects of the expansion

of correctional capacity and sentencing reforms implemented pursuant to this subtitle;

‘‘(C) technical assistance relating to the use of grant

funds, and development and implementation of sentencing

reforms implemented pursuant to this subtitle; and

‘‘(D) data collection and improvement of information

systems relating to the confinement of violent offenders

and other sentencing and correctional matters.

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

pursuant to this section during any fiscal year shall remain

available until expended.

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

received under this subtitle may not exceed 90 percent of the

costs of a proposal as described in an application approved

under this subtitle.

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

‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any other provision of this subtitle other than section 20108(a)(2), from amounts

appropriated to carry out sections 20103 and 20104, the Attorney

General shall reserve, to carry out this section—

‘‘(1) 0.3 percent in each of fiscal years 1996 and 1997;

and

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

2000.

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

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

Indian tribes for the purposes of constructing jails on tribal lands

for the incarceration of offenders subject to tribal jurisdiction.

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

this section, an Indian tribe shall submit to the Attorney General

an application in such form and containing such information as

the Attorney General may by regulation require.

42 USC 13709.
110 STAT. 1321–21 PUBLIC LAW 104–134—APR. 26, 1996

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

OF CRIMINAL ALIENS.

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

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

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

for such fiscal year under such section.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any

other provision of this subtitle, there are authorized to be appropriated to carry out this section from amounts authorized under

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

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

‘‘(c) ADMINISTRATION.—The amounts appropriated to carry out

this section shall be reserved from the total amount appropriated

for each fiscal year and shall be added to the other funds appropriated to carry out section 242(j) of the Immigration and Nationality Act and administered under such section.

‘‘(d) REPORT TO CONGRESS.—Not later than May 15, 1999, the

Attorney General shall submit a report to the Congress which

contains the recommendation of the Attorney General concerning

the extension of the program under this section.

‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL

INSTITUTIONS.

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

to States and units of local government for the purposes authorized

in section 4013 of title 18, United States Code.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any

other provision of this subtitle other than section 20108(a)(2), there

are authorized to be appropriated from amounts authorized under

section 20108 for each of fiscal years 1996 through 2000 such

sums as may be necessary to carry out this section.

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

‘‘Beginning on October 1, 1996, and each subsequent July 1

thereafter, the Attorney General shall report to the Congress on

the implementation of this subtitle, including a report on the eligibility of the States under sections 20103 and 20104, and the distribution and use of funds under this subtitle.’’.

(b) CONFORMING AMENDMENTS.—

(1) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF

1968.—

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

Control and Safe Streets Act of 1968 is repealed.

(B) FUNDING.—

(i) Section 1001(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 is amended by striking

paragraph (20).

(ii) Notwithstanding the provisions of subparagraph (A), any funds that remain available to an

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

be used in accordance with part V of such Act as

if such Act was in effect on the day preceding the

date of enactment of this Act.

42 USC 3793

note.

42 USC 3793.

Repeal

42 USC 3796ii et

seq.

42 USC 13712.

42 USC 13711.

42 USC 13710.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–22

(2) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT

OF 1994.—

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

Violent Crime Control and Law Enforcement Act of 1994

is amended by striking the matter relating to title V.

(B) COMPLIANCE.—Notwithstanding the provisions of

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

applicant under title V of the Violent Crime Control and

Law Enforcement Act of 1994 shall be used in accordance

with such subtitle as if such subtitle was in effect on

the day preceding the date of enactment of this Act.

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

the Violent Crime Control and Law Enforcement Act of

1994 is amended by striking the matter relating to subtitle

A of title II and inserting the following:

‘‘SUBTITLE A—VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING

INCENTIVE GRANTS

‘‘Sec. 20101. Definitions.

‘‘Sec. 20102. Authorization of Grants.

‘‘Sec. 20103. Violent offender incarceration grants.

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

‘‘Sec. 20105. Special rules.

‘‘Sec. 20106. Formula for grants.

‘‘Sec. 20107. Accountability.

‘‘Sec. 20108. Authorization of appropriations.

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

‘‘Sec. 20110. Payments to eligible States for incarceration of criminal aliens.

‘‘Sec. 20111. Support of Federal prisoners in non-Federal institutions.

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

SEC. 120. The pilot debt collection project authorized by Public

Law 99–578, as amended, is extended through September 30, 1997.

SEC. 121. The definition of ‘‘educational expenses’’ in Section

200103 of the Violent Crime Control and Law Enforcement Act

of 1994, Public Law 103–322, is amended to read as follows: ‘‘ ‘educational expenses’’ means expenses that are directly attributable

to a course of education leading to the award of either a baccalaureate or graduate degree in a course of study which, in the

judgment of the State or local police force to which the participant

will be assigned, includes appropriate preparation for police service

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

room and board and miscellaneous expenses.’’

SEC. 122. Section 524(c) of title 28, United States Code, is

amended by striking subparagraph (8)(E), as added by section 110

of the Department of Justice and Related Agencies Appropriations

Act, 1995 (P. L. 103–317, 108 Stat. 1735 (1994)).

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

42 USC 14092.

31 USC 3718

note.

Post, p. 380.

42 USC 3796ii

note.
110 STAT. 1321–23 PUBLIC LAW 104–134—APR. 26, 1996

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

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

be available for official reception and representation expenses.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,

including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception

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

expended.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of

the Department of Commerce provided for by law, and engaging

in trade promotional activities abroad, including expenses of grants

and cooperative agreements for the purpose of promoting exports

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

3703; full medical coverage for dependent members of immediate

families of employees stationed overseas and employees temporarily

posted overseas; travel and transportation of employees of the

United States and Foreign Commercial Service between two points

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

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

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

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

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

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

for official representation expenses abroad; purchase of passenger

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

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

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

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

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

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

shall apply in carrying out these activities without regard to 15

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

Department of

Commerce and

Related Agencies

Appropriation

Act, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–24

under the provisions of the Mutual Educational and Cultural

Exchange Act shall include payment for assessments for services

provided as part of these activities.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national

security activities of the Department of Commerce, including costs

associated with the performance of export administration field

activities both domestically and abroad; full medical coverage for

dependent members of immediate families of employees stationed

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

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

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

of 28 U.S.C. 2672 when such claims arise in foreign countries;

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

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

of passenger motor vehicles for official use and motor vehicles

for law enforcement use with special requirement vehicles eligible

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

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

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

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

in carrying out these activities: Provided further, That payments

and contributions collected and accepted for materials or services

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

covering the cost of such activities, and for providing information

to the public with respect to the export administration and national

security activities of the Department of Commerce and other export

control programs of the United States and other governments.

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided

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

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

immediately before September 30, 1982, and for trade adjustment

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

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

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

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

to grantees eligible for assistance under the Public Works and

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

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

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

opinion of the Secretary of Commerce, such financial assistance

is necessary for the economic development of the area: Provided
110 STAT. 1321–25 PUBLIC LAW 104–134—APR. 26, 1996

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

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

for closure or realignment.

SALARIES AND EXPENSES

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

Provided, That these funds may be used to monitor projects

approved pursuant to title I of the Public Works Employment

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

amended, and the Community Emergency Drought Relief Act of

1977.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in

fostering, promoting, and developing minority business enterprise,

including expenses of grants, contracts, and other agreements with

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

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic

and statistical analysis programs of the Department of Commerce,

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

ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND

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

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

dissemination activities shall be credited to this account, to be

available for carrying out these purposes without further appropriation.

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing,

preparing, and publishing statistics, provided for by law,

$133,812,000.

PERIODIC CENSUSES AND PROGRAMS

For expenses necessary to collect and publish statistics for

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

to remain available until expended.

15 USC 1527a

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–26

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

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

Telecommunications and Information Administration, $17,000,000

to remain available until expended: Provided, That notwithstanding

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

charge Federal agencies for spectrum management, analysis, and

operations, and related services: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting

collections all funds transferred, or previously transferred, from

other Government agencies for spectrum management, analysis,

and operations, and related services and for all costs incurred

in telecommunications research, engineering, and related activities

by the Institute for Telecommunication Sciences of the NTIA in

furtherance of its assigned functions under this paragraph, and

such funds received from other Government agencies shall remain

available until expended.

PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION

For grants authorized by section 392 of the Communications

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

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

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

program administration as authorized by section 391 of the Act:

Provided further, That notwithstanding the provisions of section

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

available for grants for projects for which applications have been

submitted and approved during any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications

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

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

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

program administration and other support activities as authorized

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

on National Information Infrastructure: Provided further, That of

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

available for telecommunications research activities for projects

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

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

for the planning and construction of telecommunications networks

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

information, public safety or other social services.

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Patent and Trademark Office

provided for by law, including defense of suits instituted against

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

remain available until expended: Provided, That the funds made
110 STAT. 1321–27 PUBLIC LAW 104–134—APR. 26, 1996

available under this heading are to be derived from deposits in

the Patent and Trademark Office Fee Surcharge Fund as authorized

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

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

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

and 376, shall remain available until expended.

SCIENCE AND TECHNOLOGY

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards

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

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

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership and the Advanced Technology Program of the National

Institute of Standards and Technology, $301,000,000, to remain

available until expended, of which $80,000,000 shall be for the

Manufacturing Extension Partnership, and of which $221,000,000

shall be for the Advanced Technology Program: Provided, That

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

Fund’’.

CONSTRUCTION OF RESEARCH FACILITIES

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

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

to remain available until expended.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the

National Oceanic and Atmospheric Administration, including

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

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

of conducting activities pursuant to cooperative agreements; and

alteration, modernization, and relocation of facilities as authorized

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

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

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

and credited to this appropriation as offsetting collections to be

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

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

in a final general fund appropriation estimated at not more than

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

33 USC 851.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–28

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

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

That fees and donations received by the National Ocean Service

for the management of the national marine sanctuaries may be

retained and used for the salaries and expenses associated with

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

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

the fund entitled ‘‘Promote and Develop Fishery Products and

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

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

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

COASTAL ZONE MANAGEMENT FUND

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

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

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

CONSTRUCTION

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

and design and land acquisition not otherwise provided for the

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

to remain available until expended.

FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION

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

conversion of vessels, including related equipment to maintain and

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

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

FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND

For carrying out the provisions of section 3 of Public Law

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

until expended.

FISHERMEN’S CONTINGENCY FUND

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

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

pursuant to that Act, to remain available until expended.

FOREIGN FISHING OBSERVER FUND

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

339), the Magnuson Fishery Conservation and Management Act

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

from the fees imposed under the foreign fishery observer program

authorized by these Acts, not to exceed $196,000, to remain available until expended.
110 STAT. 1321–29 PUBLIC LAW 104–134—APR. 26, 1996

FISHING VESSEL OBLIGATIONS GUARANTEES

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

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

Marine Act of 1936, as amended, $250,000: Provided, That none

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

guarantee loans for any new fishing vessel that will increase the

harvesting capacity in any United States fishery.

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY

POLICY

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology/

Office of Technology Policy, $7,000,000.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the general administration of the

Department of Commerce provided for by law, including not to

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

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

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

504), $19,849,000.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

CONSTRUCTION OF RESEARCH FACILITIES

(RESCISSION)

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

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

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

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

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

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

that such payments are in the public interest.

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

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

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

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

by law (5 U.S.C. 5901–5902).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–30

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

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

or the United States Air Force Reserve.

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

Act, or hereinafter made available to the Department of Commerce

shall be available to reimburse the Unemployment Trust Fund

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

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

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

by individuals appointed to temporary positions within the Bureau

of the Census for purposes relating to the 1990 decennial census

of population.

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

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

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

this section shall be treated as a reprogramming of funds under

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

or expenditure except in compliance with the procedures set forth

in that section.

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

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

transferring funds provided in this Act to the appropriate successor

organizations: Provided, That the plan shall include a proposal

for transferring or rescinding funds appropriated herein for agencies

or programs terminated under such legislation: Provided further,

That such plan shall be transmitted in accordance with section

605 of this Act.

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

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

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

reorganization or transfer of functions and any related personnel

action, including voluntary separation incentives if authorized by

such legislation: Provided, That the authority to transfer funds

between appropriations accounts that may be necessary to carry

out this section is provided in addition to authorities included

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

to carry out this section shall be treated as a reprogramming

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

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

SEC. 207. Notwithstanding any other provision of law (including

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

Industrial Complex to Hilinex, Vermont (as related to Economic

Development Administration Project Number 01–11–01742) shall

not require compensation to the Federal Government for the fair

share of the Federal Government of that real property.

SEC. 208. (a) IN GENERAL.—The Secretary of Commerce, acting

through the Assistant Secretary for Economic Development of the

Department of Commerce, shall—

13 USC 23 note.
110 STAT. 1321–31 PUBLIC LAW 104–134—APR. 26, 1996

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

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

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

cleanup, and environmental remediation under paragraph (1);

and

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

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

of section 120(h) of the Comprehensive Environmental

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

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

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

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

and the Authority.

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

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

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

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

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

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

SEC. 209. Any costs incurred by a Department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 210. None of the funds appropriated under this Act or

any other Act may be used to develop new fishery management

plans, amendments or regulations which create new individual fishing quota, individual transferable quota, or new individual transferable effort allocation programs, or to implement any such plans,

amendments or regulations approved by a Regional Fishery

Management Council or the Secretary of Commerce after January

4, 1995, until offsetting fees to pay for the cost of administering

such plans, amendments or regulations are expressly authorized

under the Magnuson Fishery Conservation and Management Act

(16 U.S.C. 1801 et seq.). This restriction shall not apply in any

way to any such programs approved by the Secretary of Commerce

prior to January 4, 1995.

SEC. 211. Section 308(d) of the Interjurisdictional Fisheries

Act of 1986 (16 U.S.C. 4107(d)) is amended—

(1) in the heading, by striking ‘‘GRANTS’’ and inserting

‘‘ASSISTANCE’’;

(2) in paragraph (1), by striking ‘‘award grants to persons

engaged in commercial fisheries, for uninsured losses determined by the Secretary to have been suffered’’ and inserting

‘‘help persons engaged in commercial fisheries, either by providing assistance directly to those persons or by providing assistance indirectly through States and local government agencies

and nonprofit organizations, for projects or other measures

16 USC 1851

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–32

to alleviate harm determined by the Secretary to have been

incurred’’;

(3) in paragraph (3), by striking ‘‘a grant’’ and inserting

‘‘direct assistance to a person’’;

(4) in paragraph (3), by striking ‘‘gross revenues annually,’’

and inserting ‘‘net revenues annually from commercial fishing,’’;

(5) by striking paragraph (4) and inserting the following:

‘‘(4)(A) Assistance may not be provided under this subsection as part of a fishing capacity reduction program in a

fishery unless the Secretary determines that adequate conservation and management measures are in place in that fishery.

‘‘(B) As a condition of awarding assistance with respect

to a vessel under a fishing capacity reduction program, the

Secretary shall—

‘‘(i) prohibit the vessel from being used for fishing;

and

‘‘(ii) require that the vessel be—

‘‘(I) scrapped or otherwise disposed of in a manner

approved by the Secretary; or

‘‘(II) donated to a nonprofit organization and thereafter used only for purposes of research, education,

or training; or

‘‘(III) used for another non-fishing purpose provided the Secretary determines that adequate measures are in place to ensure that the vessel cannot

reenter any fishery.

‘‘(C) A vessel that is prohibited from fishing under subparagraph (B) shall not be eligible for a fishery endorsement under

section 12108(a) of title 46, United States Code, and any such

endorsement for the vessel shall not be effective.’’; and

(6) in paragraph (5), by striking ‘‘for awarding grants’’

and all that follows through the end of the paragraph and

inserting ‘‘for receiving assistance under this subsection.’’.

SEC. 212. The Secretary may award contracts for hydrographic,

geodetic, and photogrammetric surveying and mapping services in

accordance with Title IX of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 541 et seq.).

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

Related Agencies Appropriations Act, 1996’’.

TITLE III—THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

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

including purchase or hire, driving, maintenance and operation

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

the purpose of transporting Associate Justices, and hire of passenger

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

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

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

may approve, $25,834,000.

The Judiciary

Appropriations

Act, 1996.

Contracts.
110 STAT. 1321–33 PUBLIC LAW 104–134—APR. 26, 1996

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

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

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

expended.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

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

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

by law, $14,288,000.

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

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

the officers and employees of the court, services as authorized

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

by law, $10,859,000.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges

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

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

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

Judiciary not otherwise specifically provided for, and necessary

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

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

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

available until expended for furniture and furnishings related to

new space alteration and construction projects; and of which

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

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

materials, including subscriptions.

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

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

appropriated from the Vaccine Injury Compensation Trust Fund.

VIOLENT CRIME REDUCTION PROGRAMS

For activities of the Federal Judiciary as authorized by law,

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

derived from the Violent Crime Reduction Trust Fund, as authorized

by section 190001(a) of Public Law 103–322.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–34

DEFENDER SERVICES

For the operation of Federal Public Defender and Community

Defender organizations, the compensation and reimbursement of

expenses of attorneys appointed to represent persons under the

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

reimbursement of expenses of persons furnishing investigative,

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

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

Act maximums) and reimbursement of expenses of attorneys

appointed to assist the court in criminal cases where the defendant

has waived representation by counsel, the compensation and

reimbursement of travel expenses of guardians ad litem acting

on behalf of financially eligible minor or incompetent offenders

in connection with transfers from the United States to foreign

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

appointed to represent jurors in civil actions for the protection

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

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

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

in this Act shall be available for Death Penalty Resource Centers

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

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.

1871 and 1876; compensation of jury commissioners as authorized

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

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

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

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

the compensation of land commissioners shall not exceed the daily

equivalent of the highest rate payable under section 5332 of title

5, United States Code.

COURT SECURITY

For necessary expenses, not otherwise provided for, incident

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

inspection of packages, directed security patrols, and other similar

activities as authorized by section 1010 of the Judicial Improvement

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

to be expended directly or transferred to the United States Marshals

Service which shall be responsible for administering elements of

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

the United States Courts and the Attorney General.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the

United States Courts as authorized by law, including travel as

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

as authorized by 31 U.S.C. 1343(b), advertising and rent in the
110 STAT. 1321–35 PUBLIC LAW 104–134—APR. 26, 1996

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

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

expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as

authorized by Public Law 90–219, $17,914,000; of which $1,800,000

shall remain available through September 30, 1997, to provide

education and training to Federal court personnel; and of which

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

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as

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

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

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

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

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

and representation expenses.

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

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

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

for salaries and expenses of the Special Court established under

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

236.

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

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

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

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

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

pursuant to this section shall be treated as a reprogramming of

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

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

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

salaries and expenses appropriation for district courts, courts of

appeals, and other judicial services shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $10,000 and shall be administered by the Director of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–36

the Administrative Office of the United States Courts in his capacity

as Secretary of the Judicial Conference.

SEC. 305. Section 333 of title 28, United States Code, is

amended—

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

second, and fourth place it appears and inserting ‘‘may’’; and

(2) in the second paragraph—

(A) by striking ‘‘shall’’ the first place it appears and

inserting ‘‘may’’; and

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

judge, shall remain throughout the conference’’.

This title may be cited as ‘‘The Judiciary Appropriations Act,

1996’’.

TITLE IV—DEPARTMENT OF STATE AND RELATED

AGENCIES

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the

Foreign Service not otherwise provided for, including expenses

authorized by the State Department Basic Authorities Act of 1956,

as amended; representation to certain international organizations

in which the United States participates pursuant to treaties, ratified

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

of Congress; acquisition by exchange or purchase of passenger motor

vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and

22 U.S.C. 2674; and for expenses of general administration,

$1,708,800,000: Provided, That notwithstanding section 140(a)(5),

and the second sentence of section 140(a)(3) of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–

236), not to exceed $125,000,000 of fees may be collected during

fiscal year 1996 under the authority of section 140(a)(1) of that

Act: Provided further, That all fees collected under the preceding

proviso shall be deposited in fiscal year 1996 as an offsetting

collection to appropriations made under this heading to recover

the costs of providing consular services and shall remain available

until expended: Provided further, That starting in fiscal year 1997,

a system shall be in place that allocates to each department and

agency the full cost of its presence outside of the United States.

Of the funds provided under this heading, $24,856,000 shall

be available only for the Diplomatic Telecommunications Service

for operation of existing base services and not to exceed $17,144,000

shall be available only for the enhancement of the Diplomatic

Telecommunications Service and shall remain available until

expended. Of the latter amount, $2,500,000 shall not be made

available until expiration of the 15 day period beginning on the

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

Telecommunications Service submit the pilot program report

required by section 507 of Public Law 103–317. In addition, not to exceed $700,000 in registration fees collected

pursuant to section 38 of the Arms Export Control Act, as amended,

may be used in accordance with section 45 of the State Department

Basic Authorities Act of 1956, 22 U.S.C. 2717; and in addition

22 USC 2695b.

8 USC 1351 note.

Department of

State and

Related Agencies

Appropriations

Act, 1996.
110 STAT. 1321–37 PUBLIC LAW 104–134—APR. 26, 1996

not to exceed $1,223,000 shall be derived from fees from other

executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International

Center Act (Public Law 90–553, as amended by section 120 of

Public Law 101–246); and in addition not to exceed $15,000 which

shall be derived from reimbursements, surcharges, and fees for

use of Blair House facilities in accordance with section 46 of the

State of Department Basic Authorities Act of 1956 (22 U.S.C.

2718(a)).

Notwithstanding section 402 of this Act, not to exceed 20 percent of the amounts made available in this Act in the appropriation

accounts, ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and

Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’

may be transferred between such appropriation accounts: Provided,

That any transfer pursuant to this section shall be treated as

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

not be available for obligation or expenditure except in compliance

with the procedures set forth in that section.

For an additional amount for security enhancements to counter

the threat of terrorism, $9,720,000, to remain available until

expended.

SALARIES AND EXPENSES

For expenses necessary for the general administration of the

Department of State and the Foreign Service, provided for by law,

including expenses authorized by section 9 of the Act of August

31, 1964, as amended (31 U.S.C. 3721), and the State Department

Basic Authorities Act of 1956, as amended, $363,276,000.

For an additional amount for security enhancements to counter

the threat of terrorism, $1,870,000, to remain available until

expended.

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,

$16,400,000, to remain available until expended, as authorized in

Public Law 103–236: Provided, That section 135(e) of Public Law

103–236 shall not apply to funds appropriated under this heading.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

as amended (5 U.S.C. App.), $27,369,000, notwithstanding section

209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465),

as it relates to post inspections: Provided, That notwithstanding

any other provision of law, (1) the Office of the Inspector General

of the United States Information Agency is hereby merged with

the Office of the Inspector General of the Department of State;

(2) the functions exercised and assigned to the Office of the Inspector

General of the United States Information Agency before the effective

date of this Act (including all related functions) are transferred

to the Office of the Inspector General of the Department of State;

and (3) the Inspector General of the Department of State shall

also serve as the Inspector General of the United States Information

Agency.

5 USC app. 11

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–38

REPRESENTATION ALLOWANCES

For representation allowances as authorized by section 905

of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),

$4,500,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary

of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,

$8,579,000.

SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

For necessary expenses for carrying out the Foreign Service

Buildings Act of 1926, as amended (22 U.S.C. 292–300), and the

Diplomatic Security Construction Program as authorized by title

IV of the Omnibus Diplomatic Security and Antiterrorism Act of

1986 (22 U.S.C. 4851), $385,760,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c): Provided, That none

of the funds appropriated in this paragraph shall be available

for acquisition of furniture and furnishings and generators for other

departments and agencies.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e),

$6,000,000, to remain available until expended as authorized by

22 U.S.C. 2696(c), of which not to exceed $1,000,000 may be transferred to and merged with the Repatriation Loans Program Account,

subject to the same terms and conditions.

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $593,000, as authorized by 22

U.S.C. 2671: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses

necessary to carry out the direct loan program, $183,000 which

may be transferred to and merged with the Salaries and Expenses

account under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act,

Public Law 96–8 (93 Stat. 14), $15,165,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability

Fund, as authorized by law, $125,402,000.
110 STAT. 1321–39 PUBLIC LAW 104–134—APR. 26, 1996

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$892,000,000: Provided, That any payment of arrearages shall be

directed toward special activities that are mutually agreed upon

by the United States and the respective international organization:

Provided further, That 20 percent of the funds appropriated in

this paragraph for the assessed contribution of the United States

to the United Nations shall be withheld from obligation and

expenditure until a certification is made under section 401(b) of

Public Law 103–236 for fiscal year 1996: Provided further, That

certification under section 401(b) of Public Law 103–236 for fiscal

year 1996 may only be made if the Committees on Appropriations

and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives are notified of the steps taken, and anticipated, to meet

the requirements of section 401(b) of Public Law 103–236 at least

15 days in advance of the proposed certification: Provided further,

That none of the funds appropriated in this paragraph shall be

available for a United States contribution to an international

organization for the United States share of interest costs made

known to the United States Government by such organization for

loans incurred on or after October 1, 1984, through external borrowings: Provided further, That of the funds appropriated in this paragraph, $80,000,000 may be made available only on a quarterly

basis and only after the Secretary of State certifies on a quarterly

basis that the United Nations has taken no action to increase

funding for any United Nations program without identifying an

offsetting decrease elsewhere in the United Nations budget and

cause the United Nations to exceed its no growth budget for the

biennium 1996–1997 adopted in December, 1995.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $359,000,000:

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

shall be obligated or expended for any new or expanded United

Nations peacekeeping mission unless, at least fifteen days in

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

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

as is practicable), (1) the Committees on Appropriations of the

House of Representatives and the Senate and other appropriate

Committees of the Congress are notified of the estimated cost

and length of the mission, the vital national interest that will

be served, and the planned exit strategy; and (2) a reprogramming

of funds pursuant to section 605 of this Act is submitted, and

the procedures therein followed, setting forth the source of funds

that will be used to pay for the cost of the new or expanded

mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of

State to the appropriate committees of the Congress that American

22 USC 269a

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–40

manufacturers and suppliers are being given opportunities to provide equipment, services and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers.

INTERNATIONAL CONFERENCES AND CONTINGENCIES

For necessary expenses authorized by section 5 of the State

Department Basic Authorities Act of 1956, in addition to funds

otherwise available for these purposes, contributions for the United

States share of general expenses of international organizations and

conferences and representation to such organizations and conferences as provided for by 22 U.S.C. 2656 and 2672 and personal

services without regard to civil service and classification laws as

authorized by 5 U.S.C. 5102, $3,000,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c), of which not to exceed

$200,000 may be expended for representation as authorized by

22 U.S.C. 4085.

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,

$12,058,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized

projects, $6,644,000, to remain available until expended as authorized by 22 U.S.C. 2696(c).

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary

Commission, United States and Canada, as authorized by treaties

between the United States and Canada or Great Britain, and for

the Border Environment Cooperation Commission as authorized

by Public Law 103–182; $5,800,000, of which not to exceed $9,000

shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,

not otherwise provided for, as authorized by law, $14,669,000: Provided, That the United States share of such expenses may be

22 USC 269a

note.
110 STAT. 1321–41 PUBLIC LAW 104–134—APR. 26, 1996

advanced to the respective commissions, pursuant to 31 U.S.C.

3324.

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by section 501 of Public Law 101–246, $5,000,000, to remain available until

expended as authorized by 22 U.S.C. 2696(c).

RELATED AGENCIES

ARMS CONTROL AND DISARMAMENT AGENCY

ARMS CONTROL AND DISARMAMENT ACTIVITIES

For necessary expenses not otherwise provided, for arms control, nonproliferation, and disarmament activities, $38,700,000, of

which not to exceed $50,000 shall be for official reception and

representation expenses as authorized by the Act of September

26, 1961, as amended (22 U.S.C. 2551 et seq.).

UNITED STATES INFORMATION AGENCY

SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary to enable

the United States Information Agency, as authorized by the Mutual

Educational and Cultural Exchange Act of 1961, as amended (22

U.S.C. 2451 et seq.), the United States Information and Educational

Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and

Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out

international communication, educational and cultural activities;

and to carry out related activities authorized by law, including

employment, without regard to civil service and classification laws,

of persons on a temporary basis (not to exceed $700,000 of this

appropriation), as authorized by 22 U.S.C. 1471, and entertainment,

including official receptions, within the United States, not to exceed

$25,000 as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided,

That not to exceed $1,400,000 may be used for representation

abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further, That not to exceed $7,615,000 to remain available until expended,

may be credited to this appropriation from fees or other payments

received from or in connection with English teaching, library, motion

pictures, and publication programs as authorized by section 810

of the United States Information and Educational Exchange Act

of 1948, as amended: Provided further, That not to exceed

$1,700,000 to remain available until expended may be used to

carry out projects involving security construction and related

improvements for agency facilities not physically located together

with Department of State facilities abroad.

TECHNOLOGY FUND

For expenses necessary to enable the United States Information

Agency to provide for the procurement of information technology

improvements, as authorized by the United States Information and

Educational Exchange Act of 1948, as amended (22 U.S.C. 1431

et seq.), the Mutual Educational and Cultural Exchange Act of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–42

1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization

Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available

until expended.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,

as authorized by the Mutual Educational and Cultural Exchange

Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $200,000,000, to remain

available until expended as authorized by 22 U.S.C. 2455.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

For necessary expenses of Eisenhower Exchange Fellowships,

Incorporated, as authorized by sections 4 and 5 of the Eisenhower

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–05), all interest

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 1996, to remain

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes

which are not in accordance with OMB Circulars A–110 (Uniform

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation

for personal services.

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program

as authorized by section 214 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest

and earnings accruing to the Israeli Arab Scholarship Fund on

or before September 30, 1996, to remain available until expended.

AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

For necessary expenses of American Studies Collections as

authorized by section 235 of the Foreign Relations Authorization

Act, Fiscal Years 1994 and 1995, all interest and earnings accruing

to the American Studies Collections Endowment Fund on or before

September 30, 1996, to remain available until expended.

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the United States Information

Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States

International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, to carry out international communication activities; $325,191,000, of which $5,000,000 shall remain available until expended, not to exceed $16,000 may be used for official

receptions within the United States as authorized by 22 U.S.C.

1474(3), not to exceed $35,000 may be used for representation

abroad as authorized by 22 U.S.C. 1452 and 4085, and not to

exceed $39,000 may be used for official reception and representation

expenses of Radio Free Europe/Radio Liberty; and in addition, not

to exceed $250,000 from fees as authorized by section 810 of the
110 STAT. 1321–43 PUBLIC LAW 104–134—APR. 26, 1996

United States Information and Educational Exchange Act of 1948,

as amended, to remain available until expended for carrying out

authorized purposes; and in addition, notwithstanding any other

provision of law, not to exceed $1,000,000 in monies received (including receipts from advertising, if any) by or for the use of the

United States Information Agency from or in connection with broadcasting resources owned by or on behalf of the Agency, to be

available until expended for carrying out authorized purposes.

BROADCASTING TO CUBA

For expenses necessary to enable the United States Information

Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International

Broadcasting Act of 1994, including the purchase, rent, construction,

and improvement of facilities for radio and television transmission

and reception, and purchase and installation of necessary equipment

for radio and television transmission and reception, $24,809,000

to remain available until expended: Provided, That not later than

April 1, 1996, the headquarters of the Office of Cuba Broadcasting

shall be relocated from Washington, D.C. to south Florida, and

that any funds available under the headings ‘‘International Broadcasting Operations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construction’’ may be available to carry out this relocation.

RADIO CONSTRUCTION

For an additional amount for the purchase, rent, construction,

and improvement of facilities for radio transmission and reception

and purchase and installation of necessary equipment for radio

and television transmission and reception as authorized by 22

U.S.C. 1471, $40,000,000, to remain available until expended as

authorized by 22 U.S.C. 1477b(a).

EAST-WEST CENTER

To enable the Director of the United States Information Agency

to provide for carrying out the provisions of the Center for Cultural

and Technical Interchange Between East and West Act of 1960

(22 U.S.C. 2054–2057), by grant to the Center for Cultural and

Technical Interchange Between East and West in the State of

Hawaii, $11,750,000: Provided, That none of the funds appropriated

herein shall be used to pay any salary, or enter into any contract

providing for the payment thereof, in excess of the rate authorized

by 5 U.S.C. 5376.

NORTH/SOUTH CENTER

To enable the Director of the United States Information Agency

to provide for carrying out the provisions of the North/South Center

Act of 1991 (22 U.S.C. 2075), by grant to an educational institution

in Florida known as the North/South Center, $2,000,000, to remain

available until expended.

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the United States Information Agency

to the National Endowment for Democracy as authorized by the

National Endowment for Democracy Act, $30,000,000, to remain

available until expended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–44

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCIES

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of 5 U.S.C.; for services as authorized

by 5 U.S.C. 3109; and hire of passenger transportation pursuant

to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

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

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the United States Information Agency in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 403. Funds appropriated or otherwise made available

under this Act or any other Act may be expended for compensation

of the United States Commissioner of the International Boundary

Commission, United States and Canada, only for actual hours

worked by such Commissioner.

SEC. 404. (a) No later than 90 days after enactment of legislation consolidating, reorganizing or downsizing the functions of the

Department of State, the United States Information Agency, and

the Arms Control and Disarmament Agency, the Secretary of State,

the Director of the United States Information Agency and the

Director of the Arms Control and Disarmament Agency shall submit

to the Committees on Appropriations of the House and the Senate

a proposal for transferring or rescinding funds appropriated herein

for functions that are consolidated, reorganized or downsized under

such legislation: Provided, That such plan shall be transmitted

in accordance with section 605 of this Act.

(b) The Secretary of State, the Director of the United States

Information Agency, and the Director of the Arms Control and

Disarmament Agency, as appropriate, may use any available funds

to cover the costs of actions to consolidate, reorganize or downsize

the functions under their authority required by such legislation,

and of any related personnel action, including voluntary separation

incentives if authorized by such legislation: Provided, That the

authority to transfer funds between appropriations accounts that

may be necessary to carry out this section is provided in addition

to authorities included under section 402 of this Act: Provided

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

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

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

SEC. 405. Funds appropriated by this Act for the United States

Information Agency, the Arms Control and Disarmament Agency,

and the Department of State may be obligated and expended notwithstanding section 701 of the United States Information and
110 STAT. 1321–45 PUBLIC LAW 104–134—APR. 26, 1996

Educational Exchange Act of 1948 and section 313 of the Foreign

Relations Authorization Act, Fiscal Years 1994 and 1995, section

53 of the Arms Control and Disarmament Act, and section 15

of the State Department Basic Authorities Act of 1956.

SEC. 406. Section 36(a)(1) of the State Department Authorities

Act of 1956, as amended (22 U.S.C. 2708), is amended to delete

‘‘may pay a reward’’ and insert in lieu thereof ‘‘shall establish

and publicize a program under which rewards may be paid’’.

SEC. 407. Sections 6(a) and 6(b) of Public Law 101–454 are

repealed. In addition, notwithstanding any other provision of law,

Eisenhower Exchange Fellowships, Incorporated, may use one-third

of any earned but unused trust income from the period 1992 through

1995 for Fellowship purposes in each of fiscal years 1996 through

1998.

SEC. 408. It is the sense of the Senate that none of the funds

appropriated or otherwise made available pursuant to this Act

should be used for the deployment of combat-equipped forces of

the Armed Forces of the United States for any ground operations

in Bosnia and Herzegovina unless—

(1) Congress approves in advance the deployment of such

forces of the Armed Forces; or

(2) the temporary deployment of such forces of the Armed

Forces of the United States into Bosnia and Herzegovina is

necessary to evacuate United Nations peacekeeping forces from

a situation of imminent danger, to undertake emergency air

rescue operations, or to provide for the airborne delivery of

humanitarian supplies, and the President reports as soon as

practicable to Congress after the initiation of the temporary

deployment, but in no case later than 48 hours after the initiation of the deployment.

SEC. 409. Any costs incurred by a Department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 410. Section 235 of the Foreign Relations Authorization

Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended

by inserting ‘‘Tinian,’’ after ‘‘Sao Tome,’’.

SEC. 411. The appropriation for the Arms Control and Disarmament Agency in Public Law 103–317 (108 Stat. 1768) is amended

by deleting after ‘‘until expended’’ the following: ‘‘only for activities

related to the implementation of the Chemical Weapons Convention’’: Provided, That amounts made available shall not be used

to undertake new programs or to increase employment above levels

on board at the time of enactment of this Act.

This title may be cited as the ‘‘Department of State and Related

Agencies Appropriations Act, 1996’’.

20 USC 5205.

20 USC 5203

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–46

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

OPERATING-DIFFERENTIAL SUBSIDIES

(LIQUIDATION OF CONTRACT AUTHORITY)

For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936,

as amended, $162,610,000, to remain available until expended.

MARITIME NATIONAL SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag

merchant fleet to serve the national security needs of the United

States as determined by the Secretary of Defense in consultation

with the Secretary of Transportation, $46,000,000, to remain available until expended: Provided, That these funds will be available

only upon enactment of an authorization for this program.

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $66,600,000, to remain available until expended:

Provided, That notwithstanding any other provision of law, the

Secretary of Transportation may use proceeds derived from the

sale or disposal of National Defense Reserve Fleet vessels that

are currently collected and retained by the Maritime Administration, to be used for facility and ship maintenance, modernization

and repair, conversion, acquisition of equipment, and fuel costs

necessary to maintain training at the United States Merchant

Marine Academy and State maritime academies and may be transferred to the Secretary of the Interior for use as provided in the

National Maritime Heritage Act (Public Law 103–451): Provided

further, That reimbursements may be made to this appropriation

from receipts to the ‘‘Federal Ship Financing Fund’’ for administrative expenses in support of that program in addition to any amount

heretofore appropriated.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by the Merchant

Marine Act of 1936, $40,000,000, to remain available until

expended: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $1,000,000,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, not to exceed $3,500,000, which shall

be transferred to and merged with the appropriation for Operations

and Training.

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Notwithstanding any other provision of this Act, the Maritime

Administration is authorized to furnish utilities and services and
110 STAT. 1321–47 PUBLIC LAW 104–134—APR. 26, 1996

make necessary repairs in connection with any lease, contract,

or occupancy involving Government property under control of the

Maritime Administration, and payments received therefor shall be

credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or

occupancy for items other than such utilities, services, or repairs

shall be covered into the Treasury as miscellaneous receipts.

No obligations shall be incurred during the current fiscal year

from the construction fund established by the Merchant Marine

Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and

all receipts which otherwise would be deposited to the credit of

said fund shall be covered into the Treasury as miscellaneous

receipts.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $206,000, as authorized by Public Law 99–

83, section 1303.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,

including hire of passenger motor vehicles, $8,750,000: Provided,

That not to exceed $50,000 may be used to employ consultants:

Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals

under Schedule C of the Excepted Service exclusive of one special

assistant for each Commissioner: Provided further, That none of

the funds appropriated in this paragraph shall be used to reimburse

Commissioners for more than 75 billable days, with the exception

of the Chairperson who is permitted 125 billable days.

COMMISSION ON IMMIGRATION REFORM

SALARIES AND EXPENSES

For necessary expenses of the Commission on Immigration

Reform pursuant to section 141(f) of the Immigration Act of 1990,

$1,894,000, to remain available until expended.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and

Cooperation in Europe, as authorized by Public Law 94–304,

$1,090,000, to remain available until expended as authorized by

section 3 of Public Law 99–7.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–48

COMPETITIVENESS POLICY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the Competitiveness Policy Council, $50,000: Provided, That this shall be the final Federal payment

to the Competitiveness Policy Council.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity

Commission as authorized by title VII of the Civil Rights Act

of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans

with Disabilities Act of 1990 and the Civil Rights Act of 1991,

including services as authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary

awards to private citizens; not to exceed $26,500,000, for payments

to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, as

amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the

Civil Rights Act of 1991; $233,000,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–02; not to exceed

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed

$4,000 for official reception and representation expenses; purchase

(not to exceed sixteen) and hire of motor vehicles; special counsel

fees; and services as authorized by 5 U.S.C. 3109; $185,709,000,

of which not to exceed $300,000 shall remain available until September 30, 1997, for research and policy studies: Provided, That

$126,400,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, as amended, and shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated shall

be reduced as such offsetting collections are received during fiscal

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

estimated at $59,309,000: Provided further, That any offsetting collections received in excess of $126,400,000 in fiscal year 1996

shall remain available until expended, but shall not be available

for obligation until October 1, 1996: Provided further, That the

Commission shall amend its schedule of regulatory fees set forth

in section 1.1153 of title 47, CFR, authorized by section 9 of title

I of the Communications Act of 1934, as amended by: (1) striking

‘‘$22,420’’ in the Annual Regulatory Fee column for VHF Commercial Markets 1 through 10 and inserting ‘‘$32,000’’; (2) striking

‘‘$19,925’’ in the Annual Regulatory Fee column for VHF Commercial Markets 11 through 25 and inserting ‘‘$26,000’’; (3) striking
110 STAT. 1321–49 PUBLIC LAW 104–134—APR. 26, 1996

1 Missing text, probably ‘‘as’’.

‘‘$14,950’’ in the Annual Regulatory Fee column for VHF Commercial Markets 26 through 50 and inserting ‘‘$17,000’’; (4) striking

‘‘$9,975’’ in the Annual Regulatory Fee column for VHF Commercial

Markets 51 through 100 and inserting ‘‘$9,000’’; (5) striking ‘‘$6,225’’

in the Annual Regulatory Fee column for VHF Commercial Remaining Markets and inserting ‘‘$2,500’’; and (6) striking ‘‘$17,925’’ in

the Annual Regulatory Fee column for UHF Commercial Markets

1 through 10 and inserting ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in

the Annual Regulatory Fee column for UHF Commercial Markets

11 through 25 and inserting ‘‘$20,000’’; (8) striking ‘‘$11,950’’ in

the Annual Regulatory Fee column for UHF Commercial Markets

26 through 50 and inserting ‘‘$13,000’’; (9) striking ‘‘$7,975’’ in

the Annual Regulatory Fee column for UHF Commercial Markets

51 through 100 and inserting ‘‘$7,000’’; and (10) striking ‘‘$4,975’’

in the Annual Regulatory Fee column for UHF Commercial Remaining Markets and inserting ‘‘$2,000’’: Provided further, That the

Federal Communications Commission shall, not later than 30 days

after receipt of a petition by WQED, Pittsburgh, determine, without

conducting a rulemaking or other proceeding, whether to amend

section 73.606 of Title 47, Code of Federal Regulations, by deleting

the asterisk for the channel operating on 482–488 MHz in Pittsburgh, Pennsylvania, based on the public interest, the existing

common ownership of two non-commercial broadcasting stations

in Pittsburgh, the financial distress of the licensee, and the threat

to the public of losing or impairing local public broadcasting service

in the area: Provided further, That the Federal Communications

Commission may solicit such comments as it deems necessary in

making this determination: Provided further, That a 1 part of the

determination, the Federal Communications Commission shall not

be required, notwithstanding any other provision of law, to open

the channel to general application, and may determine that the

license therefor may be assigned by the licensee, subject to prompt

approval of the proposed assignee by the Federal Communications

Commission, and that the proceeds of the initial assignment of

the license for such channel, or any portion thereof, shall be used

solely in furtherance of noncommercial broadcast operations, or

for such other purpose as the Federal Communications Commission

may determine appropriate.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act of

1936, as amended (46 App. U.S.C. 1111), including services as

authorized by 5 U.S.C. 3109; hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343(b); and uniforms or allowances

therefor, as authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,

That not to exceed $2,000 shall be available for official reception

and representation expenses.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–50

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception

and representation expenses; $79,568,000: Provided, That not to

exceed $300,000 shall be available for use to contract with a person

or persons for collection services in accordance with the terms

of 31 U.S.C. 3718, as amended: Provided further, That notwithstanding any other provision of law, not to exceed $48,262,000 of offsetting collections derived from fees collected for premerger notification

filings under the Hart-Scott-Rodino Antitrust Improvements Act

of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated from

the General Fund shall be reduced as such offsetting collections

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

fiscal year 1996 appropriation from the General Fund estimated

at not more than $31,306,000, to remain available until expended:

Provided further, That any fees received in excess of $48,262,000

in fiscal year 1996 shall remain available until expended, but shall

not be available for obligation until October 1, 1996: Provided

further, That none of the funds made available to the Federal

Trade Commission shall be available for obligation for expenses

authorized by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102–242, 105 Stat.

2282–2285).

JAPAN-UNITED STATES FRIENDSHIP COMMISSION

JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

For expenses of the Japan-United States Friendship Commission, as authorized by Public Law 94–118, as amended, from the

interest earned on the Japan-United States Friendship Trust Fund,

$1,247,000; and an amount of Japanese currency not to exceed

the equivalent of $1,420,000 based on exchange rates at the time

of payment of such amounts as authorized by Public Law 94–

118.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out

the purposes of the Legal Services Corporation Act of 1974, as

amended, $278,000,000, of which $269,400,000 is for basic field

programs and required independent audits carried out in accordance

with section 509; $1,500,000 is for the Office of the Inspector General, of which such amounts as may be necessary may be used

to conduct additional audits of recipients in accordance with section

509 of this Act; and $7,100,000 is for management and administration: Provided, That $198,750,000 of the total amount provided

under this heading for basic field programs shall not be available

except for the competitive award of grants and contracts under

section 503 of this Act.
110 STAT. 1321–51 PUBLIC LAW 104–134—APR. 26, 1996

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION

SEC. 501. (a) Funds appropriated under this Act to the Legal

Services Corporation for basic field programs shall be distributed

as follows:

(1) The Corporation shall define geographic areas and make

the funds available for each geographic area on a per capita

basis relative to the number of individuals in poverty determined by the Bureau of the Census to be within the geographic

area, except as provided in paragraph (2)(B). Funds for such

a geographic area may be distributed by the Corporation to

1 or more persons or entities eligible for funding under section

1006(a)(1)(A) of the Legal Services Corporation Act (42 U.S.C.

2996e(a)(1)(A)), subject to sections 502 and 504.

(2) Funds for grants from the Corporation, and contracts

entered into by the Corporation for basic field programs, shall

be allocated so as to provide—

(A) except as provided in subparagraph (B), an equal

figure per individual in poverty for all geographic areas,

as determined on the basis of the most recent decennial

census of population conducted pursuant to section 141

of title 13, United States Code (or, in the case of the

Republic of Palau, the Federated States of Micronesia,

the Republic of the Marshall Islands, Alaska, Hawaii, and

the United States Virgin Islands, on the basis of the

adjusted population counts historically used as the basis

for such determinations); and

(B) an additional amount for Native American communities that received assistance under the Legal Services

Corporation Act for fiscal year 1995, so that the proportion

of the funds appropriated to the Legal Services Corporation

for basic field programs for fiscal year 1996 that is received

by the Native American communities shall be not less

than the proportion of such funds appropriated for fiscal

year 1995 that was received by the Native American

communities.

(b) As used in this section:

(1) The term ‘‘individual in poverty’’ means an individual

who is a member of a family (of 1 or more members) with

an income at or below the poverty line.

(2) The term ‘‘poverty line’’ means the poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to

a family of the size involved.

SEC. 502. None of the funds appropriated in this Act to the

Legal Services Corporation shall be used by the Corporation to

make a grant, or enter into a contract, for the provision of legal

assistance unless the Corporation ensures that the person or entity

receiving funding to provide such legal assistance is—

(1) a private attorney admitted to practice in a State or

the District of Columbia;

(2) a qualified nonprofit organization, chartered under the

laws of a State or the District of Columbia, that—

(A) furnishes legal assistance to eligible clients; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–52

(B) is governed by a board of directors or other governing body, the majority of which is comprised of attorneys

who—

(i) are admitted to practice in a State or the District of Columbia; and

(ii) are appointed to terms of office on such board

or body by the governing body of a State, county,

or municipal bar association, the membership of which

represents a majority of the attorneys practicing law

in the locality in which the organization is to provide

legal assistance;

(3) a State or local government (without regard to section

1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42

U.S.C. 2996e(a)(1)(A)(ii)); or

(4) a substate regional planning or coordination agency

that serves a substate area and whose governing board is

controlled by locally elected officials.

SEC. 503. (a)(1) Not later than April 1, 1996, the Legal Services

Corporation shall implement a system of competitive awards of

grants and contracts for all basic field programs, which shall apply

to all such grants and contracts awarded by the Corporation after

March 31, 1996, from funds appropriated in this Act.

(2) Any grant or contract awarded before April 1, 1996, by

the Legal Services Corporation to a basic field program for 1996—

(A) shall not be for an amount greater than the amount

required for the period ending March 31, 1996;

(B) shall terminate at the end of such period; and

(C) shall not be renewable except in accordance with the

system implemented under paragraph (1).

(3) The amount of grants and contracts awarded before April

1, 1996, by the Legal Services Corporation for basic field programs

for 1996 in any geographic area described in section 501 shall

not exceed an amount equal to 3⁄12 of the total amount to be

distributed for such programs for 1996 in such area.

(b) Not later than 60 days after the date of enactment of

this Act, the Legal Services Corporation shall promulgate regulations to implement a competitive selection process for the recipients

of such grants and contracts.

(c) Such regulations shall specify selection criteria for the recipients, which shall include—

(1) a demonstration of a full understanding of the basic

legal needs of the eligible clients to be served and a demonstration of the capability of serving the needs;

(2) the quality, feasibility, and cost effectiveness of a plan

submitted by an applicant for the delivery of legal assistance

to the eligible clients to be served; and

(3) the experience of the Legal Services Corporation with

the applicant, if the applicant has previously received financial

assistance from the Corporation, including the record of the

applicant of past compliance with Corporation policies, practices, and restrictions.

(d) Such regulations shall ensure that timely notice regarding

an opportunity to submit an application for such an award is

published in periodicals of local and State bar associations and

in at least 1 daily newspaper of general circulation in the area

to be served by the person or entity receiving the award.

Publication.

Regulations.
110 STAT. 1321–53 PUBLIC LAW 104–134—APR. 26, 1996

(e) No person or entity that was previously awarded a grant

or contract by the Legal Services Corporation for the provision

of legal assistance may be given any preference in the competitive

selection process.

(f) For the purposes of the funding provided in this Act, rights

under sections 1007(a)(9) and 1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not

apply.

SEC. 504. (a) None of the funds appropriated in this Act to

the Legal Services Corporation may be used to provide financial

assistance to any person or entity (which may be referred to in

this section as a ‘‘recipient’’)—

(1) that makes available any funds, personnel, or equipment for use in advocating or opposing any plan or proposal,

or represents any party or participates in any other way in

litigation, that is intended to or has the effect of altering,

revising, or reapportioning a legislative, judicial, or elective

district at any level of government, including influencing the

timing or manner of the taking of a census;

(2) that attempts to influence the issuance, amendment,

or revocation of any executive order, regulation, or other statement of general applicability and future effect by any Federal,

State, or local agency;

(3) that attempts to influence any part of any adjudicatory

proceeding of any Federal, State, or local agency if such part

of the proceeding is designed for the formulation or modification

of any agency policy of general applicability and future effect;

(4) that attempts to influence the passage or defeat of

any legislation, constitutional amendment, referendum, initiative, or any similar procedure of the Congress or a State or

local legislative body;

(5) that attempts to influence the conduct of oversight

proceedings of the Corporation or any person or entity receiving

financial assistance provided by the Corporation;

(6) that pays for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, administrative expense, or related expense, associated with

an activity prohibited in this section;

(7) that initiates or participates in a class action suit;

(8) that files a complaint or otherwise initiates or participates in litigation against a defendant, or engages in a

precomplaint settlement negotiation with a prospective defendant, unless—

(A) each plaintiff has been specifically identified, by

name, in any complaint filed for purposes of such litigation

or prior to the precomplaint settlement negotiation; and

(B) a statement or statements of facts written in English and, if necessary, in a language that the plaintiffs

understand, that enumerate the particular facts known

to the plaintiffs on which the complaint is based, have

been signed by the plaintiffs, are kept on file by the recipient, and are made available to any Federal department

or agency that is auditing or monitoring the activities

of the Corporation or of the recipient, and to any auditor

or monitor receiving Federal funds to conduct such auditing

or monitoring, including any auditor or monitor of the

Corporation:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–54

Provided, That upon establishment of reasonable cause that

an injunction is necessary to prevent probable, serious harm

to such potential plaintiff, a court of competent jurisdiction

may enjoin the disclosure of the identity of any potential plaintiff pending the outcome of such litigation or negotiations after

notice and an opportunity for a hearing is provided to potential

parties to the litigation or the negotiations: Provided further,

That other parties to the litigation or negotiation shall have

access to the statement of facts referred to in subparagraph

(B) only through the discovery process after litigation has

begun;

(9) unless—

(A) prior to the provision of financial assistance—

(i) if the person or entity is a nonprofit organization, the governing board of the person or entity has

set specific priorities in writing, pursuant to section

1007(a)(2)(C)(i) of the Legal Services Corporation Act

(42 U.S.C. 2996f(a)(2)(C)(i)), of the types of matters

and cases to which the staff of the nonprofit organization shall devote time and resources; and

(ii) the staff of such person or entity has signed

a written agreement not to undertake cases or matters

other than in accordance with the specific priorities

set by such governing board, except in emergency situations defined by such board and in accordance with

the written procedures of such board for such situations; and

(B) the staff of such person or entity provides to the

governing board on a quarterly basis, and to the Corporation on an annual basis, information on all cases or matters

undertaken other than cases or matters undertaken in

accordance with such priorities;

(10) unless—

(A) prior to receiving the financial assistance, such

person or entity agrees to maintain records of time spent

on each case or matter with respect to which the person

or entity is engaged;

(B) any funds, including Interest on Lawyers Trust

Account funds, received from a source other than the Corporation by the person or entity, and disbursements of

such funds, are accounted for and reported as receipts

and disbursements, respectively, separate and distinct from

Corporation funds; and

(C) the person or entity agrees (notwithstanding section

1006(b)(3) of the Legal Services Corporation Act (42 U.S.C.

2996e(b)(3)) to make the records described in this paragraph available to any Federal department or agency that

is auditing or monitoring the activities of the Corporation

or of the recipient, and to any independent auditor or

monitor receiving Federal funds to conduct such auditing

or monitoring, including any auditor or monitor of the

Corporation;

(11) that provides legal assistance for or on behalf of any

alien, unless the alien is present in the United States and

is—
110 STAT. 1321–55 PUBLIC LAW 104–134—APR. 26, 1996

(A) an alien lawfully admitted for permanent residence

as defined in section 101(a)(20) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(20));

(B) an alien who—

(i) is married to a United States citizen or is a

parent or an unmarried child under the age of 21

years of such a citizen; and

(ii) has filed an application to adjust the status

of the alien to the status of a lawful permanent resident

under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.), which application has not been rejected;

(C) an alien who is lawfully present in the United

States pursuant to an admission under section 207 of the

Immigration and Nationality Act (8 U.S.C. 1157) (relating

to refugee admission) or who has been granted asylum

by the Attorney General under such Act;

(D) an alien who is lawfully present in the United

States as a result of withholding of deportation by the

Attorney General pursuant to section 243(h) of the

Immigration and Nationality Act (8 U.S.C. 1253(h));

(E) an alien to whom section 305 of the Immigration

Reform and Control Act of 1986 (8 U.S.C. 1101 note)

applies, but only to the extent that the legal assistance

provided is the legal assistance described in such section;

or

(F) an alien who is lawfully present in the United

States as a result of being granted conditional entry to

the United States before April 1, 1980, pursuant to section

203(a)(7) of the Immigration and Nationality Act (8 U.S.C.

1153(a)(7)), as in effect on March 31, 1980, because of

persecution or fear of persecution on account of race, religion, or political calamity;

(12) that supports or conducts a training program for the

purpose of advocating a particular public policy or encouraging

a political activity, a labor or antilabor activity, a boycott,

picketing, a strike, or a demonstration, including the dissemination of information about such a policy or activity, except that

this paragraph shall not be construed to prohibit the provision

of training to an attorney or a paralegal to prepare the attorney

or paralegal to provide—

(A) adequate legal assistance to eligible clients; or

(B) advice to any eligible client as to the legal rights

of the client;

(13) that claims (or whose employee claims), or collects

and retains, attorneys’ fees pursuant to any Federal or State

law permitting or requiring the awarding of such fees;

(14) that participates in any litigation with respect to abortion;

(15) that participates in any litigation on behalf of a person

incarcerated in a Federal, State, or local prison;

(16) that initiates legal representation or participates in

any other way, in litigation, lobbying, or rulemaking, involving

an effort to reform a Federal or State welfare system, except

that this paragraph shall not be construed to preclude a recipient from representing an individual eligible client who is seeking specific relief from a welfare agency if such relief does
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–56

not involve an effort to amend or otherwise challenge existing

law in effect on the date of the initiation of the representation;

(17) that defends a person in a proceeding to evict the

person from a public housing project if—

(A) the person has been charged with the illegal sale

or distribution of a controlled substance; and

(B) the eviction proceeding is brought by a public housing agency because the illegal drug activity of the person

threatens the health or safety of another tenant residing

in the public housing project or employee of the public

housing agency;

(18) unless such person or entity agrees that the person

or entity, and the employees of the person or entity, will not

accept employment resulting from in-person unsolicited advice

to a nonattorney that such nonattorney should obtain counsel

or take legal action, and will not refer such nonattorney to

another person or entity or an employee of the person or entity,

that is receiving financial assistance provided by the Corporation; or

(19) unless such person or entity enters into a contractual

agreement to be subject to all provisions of Federal law relating

to the proper use of Federal funds, the violation of which

shall render any grant or contractual agreement to provide

funding null and void, and, for such purposes, the Corporation

shall be considered to be a Federal agency and all funds provided by the Corporation shall be considered to be Federal

funds provided by grant or contract.

(b) Nothing in this section shall be construed to prohibit a

recipient from using funds from a source other than the Legal

Services Corporation for the purpose of contacting, communicating

with, or responding to a request from, a State or local government

agency, a State or local legislative body or committee, or a member

thereof, regarding funding for the recipient, including a pending

or proposed legislative or agency proposal to fund such recipient.

(c) Not later than 30 days after the date of enactment of

this Act, the Legal Services Corporation shall promulgate a suggested list of priorities that boards of directors may use in setting

priorities under subsection (a)(9).

(d)(1) The Legal Services Corporation shall not accept any

non-Federal funds, and no recipient shall accept funds from any

source other than the Corporation, unless the Corporation or the

recipient, as the case may be, notifies in writing the source of

the funds that the funds may not be expended for any purpose

prohibited by the Legal Services Corporation Act or this title.

(2) Paragraph (1) shall not prevent a recipient from—

(A) receiving Indian tribal funds (including funds from

private nonprofit organizations for the benefit of Indians or

Indian tribes) and expending the tribal funds in accordance

with the specific purposes for which the tribal funds are provided; or

(B) using funds received from a source other than the

Legal Services Corporation to provide legal assistance to a

covered individual if such funds are used for the specific purposes for which such funds were received, except that such

funds may not be expended by recipients for any purpose

prohibited by this Act or by the Legal Services Corporation

Act.

Public housing.
110 STAT. 1321–57 PUBLIC LAW 104–134—APR. 26, 1996

(e) Nothing in this section shall be construed to prohibit a

recipient from using funds derived from a source other than the

Legal Services Corporation to comment on public rulemaking or

to respond to a written request for information or testimony from

a Federal, State or local agency, legislative body or committee,

or a member of such an agency, body, or committee, so long as

the response is made only to the parties that make the request

and the recipient does not arrange for the request to be made.

(f) As used in this section:

(1) The term ‘‘controlled substance’’ has the meaning given

the term in section 102 of the Controlled Substances Act (21

U.S.C. 802).

(2) The term ‘‘covered individual’’ means any person who—

(A) except as provided in subparagraph (B), meets

the requirements of this Act and the Legal Services Corporation Act relating to eligibility for legal assistance; and

(B) may or may not be financially unable to afford

legal assistance.

(3) The term ‘‘public housing project’’ has the meaning

as used within, and the term ‘‘public housing agency’’ has

the meaning given the term, in section 3 of the United States

Housing Act of 1937 (42 U.S.C. 1437a).

SEC. 505. None of the funds appropriated in this Act to the

Legal Services Corporation or provided by the Corporation to any

entity or person may be used to pay membership dues to any

private or nonprofit organization.

SEC. 506. None of the funds appropriated in this Act to the

Legal Services Corporation may be used by any person or entity

receiving financial assistance from the Corporation to file or pursue

a lawsuit against the Corporation.

SEC. 507. None of the funds appropriated in this Act to the

Legal Services Corporation may be used for any purpose prohibited

or contrary to any of the provisions of authorization legislation

for fiscal year 1996 for the Legal Services Corporation that is

enacted into law. Upon the enactment of such Legal Services Corporation reauthorization legislation, funding provided in this Act

shall from that date be subject to the provisions of that legislation

and any provisions in this Act that are inconsistent with that

legislation shall no longer have effect.

SEC. 508. (a) The requirements of section 504 shall apply to

the activities of a recipient described in section 504, or an employee

of such a recipient, during the provision of legal assistance for

a case or matter, if the recipient or employee begins to provide

the legal assistance on or after the date of enactment of this

Act.

(b) If the recipient or employee began to provide legal assistance

for the case or matter prior to the date of enactment of this Act—

(1) each of the requirements of section 504 (other than

paragraphs (7), (11), (13), and (15) of subsection (a) of such

section) shall, beginning on the date of enactment of this Act,

apply to the activities of the recipient or employee during

the provision of legal assistance for the case or matter;

(2) the requirements of paragraphs (7), (11), and (15) of

section 504(a) shall apply—

(A) beginning on the date of enactment of this Act,

to the activities of the recipient or employee during the

provision of legal assistance for any additional related claim
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–58

for which the recipient or employee begins to provide legal

assistance on or after such date; and

(B) beginning August 1, 1996, to all other activities

of the recipient or employee during the provision of legal

assistance for the case or matter; and

(3) the requirements of paragraph (13) of section 504(a)—

(A) shall apply beginning on the date of enactment

of this Act to the activities of the recipient or employee

during the provision of legal assistance for any additional

related claim for which the recipient or employee begins

to provide legal assistance on or after such date; and

(B) shall not apply to all other activities of the recipient

or employee during the provision of legal assistance for

the case or matter.

(c) The Legal Services Corporation shall, every 60 days, submit

to the Committees on Appropriations of the Senate and House

of Representatives a report setting forth the status of cases and

matters referred to in subsection (b)(2).

SEC. 509. (a) An audit of each person or entity receiving financial assistance from the Legal Services Corporation under this

Act (referred to in this section as a ‘‘recipient’’) shall be conducted

in accordance with generally accepted government auditing standards and guidance established by the Office of the Inspector General

and shall report whether—

(1) the financial statements of the recipient present fairly

its financial position and the results of its financial operations

in accordance with generally accepted accounting principles;

(2) the recipient has internal control systems to provide

reasonable assurance that it is managing funds, regardless

of source, in compliance with Federal laws and regulations;

and

(3) the recipient has complied with Federal laws and regulations applicable to funds received, regardless of source.

(b) In carrying out the requirements of subsection (a)(3), the

auditor shall select and test a representative number of transactions

and report all instances of noncompliance to the recipient. The

recipient shall report in writing any noncompliance found by the

auditor during the audit under this section within 5 business days

to the Office of the Inspector General and shall provide a copy

of the report simultaneously to the auditor. If the recipient fails

to report the noncompliance, the auditor shall report the noncompliance directly to the Office of the Inspector General within 5 business

days of the recipient’s failure to report. The auditor shall not

be liable in a private action for any finding, conclusion, or statement

expressed in a report made pursuant to this section.

(c) The audits required under this section shall be provided

for by the recipients and performed by independent public accountants. The cost of such audits shall be shared on a pro rata basis

among all of the recipient’s funding providers and the appropriate

share shall be an allowable charge to the Federal funds provided

by the Legal Services Corporation. No audit costs may be charged

to the Federal funds when the audit required by this section has

not been made in accordance with the guidance promulgated by

the Office of the Inspector General.

If the recipient fails to have an acceptable audit in accordance

with the guidance promulgated by the Office of the Inspector GenAudits.

Reports.
110 STAT. 1321–59 PUBLIC LAW 104–134—APR. 26, 1996

eral, the following sanctions shall be available to the Corporation

as recommended by the Office of the Inspector General:

(1) The withholding of a percentage of the recipient’s funding until the audit is completed satisfactorily.

(2) The suspension of recipient’s funding until an acceptable

audit is completed.

(d) The Office of the Inspector General may remove, suspend,

or bar an independent public accountant, upon a showing of good

cause, from performing audit services required by this section.

Any such action to remove, suspend, or bar an auditor shall be

only after notice to the auditor and an opportunity for hearing.

The Office of the Inspector General shall develop and issue rules

of practice to implement this paragraph.

(e) Any independent public accountant performing an audit

under this section who subsequently ceases to be the accountant

for the recipient shall promptly notify the Office of the Inspector

General pursuant to such rules as the Office of the Inspector General shall prescribe.

(f) Audits conducted in accordance with this section shall be

in lieu of the financial audits otherwise required by section 1009(c)

of the Legal Services Corporation Act (42 U.S.C. 2996h(c)).

(g) The Office of the Inspector General is authorized to conduct

on-site monitoring, audits, and inspections in accordance with Federal standards.

(h) Notwithstanding section 1006(b)(3) of the Legal Services

Corporation Act (42 U.S.C. 2996e(b)(3)), financial records, time

records, retainer agreements, client trust fund and eligibility

records, and client names, for each recipient shall be made available

to any auditor or monitor of the recipient, including any Federal

department or agency that is auditing or monitoring the activities

of the Corporation or of the recipient, and any independent auditor

or monitor receiving Federal funds to conduct such auditing or

monitoring, including any auditor or monitor of the Corporation,

except for reports or records subject to the attorney-client privilege.

(i) The Legal Services Corporation shall not disclose any name

or document referred to in subsection (h), except to—

(1) a Federal, State, or local law enforcement official; or

(2) an official of an appropriate bar association for the

purpose of enabling the official to conduct an investigation

of a rule of professional conduct.

(j) The recipient management shall be responsible for expeditiously resolving all reported audit reportable conditions, findings,

and recommendations, including those of sub-recipients.

(k) The Legal Services Corporation shall—

(1) follow up on significant reportable conditions, findings,

and recommendations found by the independent public accountants and reported to Corporation management by the Office

of the Inspector General to ensure that instances of deficiencies

and noncompliance are resolved in a timely manner, and

(2) Develop procedures to ensure effective follow-up that

meet at a minimum the requirements of Office of Management

and Budget Circular Number A–50.

(l) The requirements of this section shall apply to a recipient

for its first fiscal year beginning on or after January 1, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–60

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission

as authorized by title II of Public Law 92–522, as amended,

$1,190,000.

MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Martin Luther King, Jr. Federal

Holiday Commission, as authorized by Public Law 98–399, as

amended, $350,000: Provided, That this shall be the final Federal

payment to the Martin Luther King, Jr. Federal Holiday Commission for operations and necessary closing costs.

OUNCE OF PREVENTION COUNCIL

For activities authorized by sections 30101 and 30102 of Public Law 103–322 (including administrative costs), $1,500,000, to remain

available until expended, for the Ounce of Prevention Grant Program: Provided, That the Council may accept and use gifts and

donations, both real and personal, for the purpose of aiding or

facilitating the authorized activities of the Council, of which not

to exceed $5,000 may be used for official reception and representation expenses.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $287,738,000, of which

$3,000,000 is for the Office of Economic Analysis, to be headed

by the Chief Economist of the Commission, and of which not to

exceed $10,000 may be used toward funding a permanent secretariat

for the International Organization of Securities Commissions, and

of which not to exceed $100,000 shall be available for expenses

for consultations and meetings hosted by the Commission with

foreign governmental and other regulatory officials, members of

their delegations, appropriate representatives and staff to exchange

views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning

securities matters and provision of technical assistance for the

development of foreign securities markets, such expenses to include

necessary logistic and administrative expenses and the expenses

of Commission staff and foreign invitees in attendance at such

consultations and meetings including: (i) such incidental expenses

as meals taken in the course of such attendance, (ii) any travel

and transportation to or from such meetings, and (iii) any other

related lodging or subsistence: Provided, That immediately upon

enactment of this Act, the rate of fees under section 6(b) of the

Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from onefiftieth of one percentum to one-twenty-ninth of one percentum,

15 USC 77f note.

Termination.
110 STAT. 1321–61 PUBLIC LAW 104–134—APR. 26, 1996

and such increase shall be deposited as an offsetting collection

to this appropriation, to remain available until expended, to recover

costs of services of the securities registration process: Provided

further, That the total amount appropriated for fiscal year 1996

under this heading shall be reduced as such fees are deposited

to this appropriation so as to result in a final total fiscal year

1996 appropriation from the General Fund estimated at not more

than $103,445,000: Provided further, That any such fees collected

in excess of $184,293,000 shall remain available until expended

but shall not be available for obligation until October 1, 1996:

Provided further, That $1,000,000 of the funds appropriated for

the Commission shall be available for the enforcement of the Investment Advisers Act of 1940 in addition to any other appropriated

funds designated by the Commission for enforcement of such Act.

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 103–403,

including hire of passenger motor vehicles as authorized by 31

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception

and representation expenses, $219,190,000: Provided, That the

Administrator is authorized to charge fees to cover the cost of

publications developed by the Small Business Administration, and

certain loan servicing activities: Provided further, That notwithstanding 31 U.S.C. 3302, revenues received from all such activities

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

these purposes without further appropriations.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

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

504), $8,500,000.

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $4,500,000, and for the cost of

guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631

note, of which $1,216,000, to be available until expended, shall

be for the Microloan Guarantee Program, and of which $40,510,000

shall remain available until September 30, 1997: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That during fiscal year 1996, commitments to

guarantee loans under section 503 of the Small Business Investment

Act of 1958, as amended, shall not exceed the amount of financings

authorized under section 20(n)(2)(B) of the Small Business Act,

as amended.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $92,622,000, which may be transferred to and merged with the appropriations for Salaries and

Expenses.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–62

DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the Small Business Act, as amended, $34,432,000, to remain available

until expended: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974.

In addition, for administrative expenses to carry out the direct loan program, $71,578,000, which may be transferred to and merged

with the appropriations for Salaries and Expenses.

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the ‘‘Surety Bond Guarantees Revolving Fund’’, authorized by the Small Business Investment Act, as

amended, $2,530,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

SEC. 510. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,

but no such appropriation shall be increased by more than 10

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

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

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

or expenditure except in compliance with the procedures set forth

in that section.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by The State Justice Institute Authorization Act of 1992 (Public

Law 102–572 (106 Stat. 4515–4516)), $5,000,000 to remain available

until expended: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

TITLE VI—GENERAL PROVISIONS

SEC. 601. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 602. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 603. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.
110 STAT. 1321–63 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 605 (a) None of the funds provided under this Act, or

provided under previous Appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 1996, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds which (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen

days in advance of such reprogramming of funds.

(b) None of the funds provided under this Act, or provided

under previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 1996, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change

in existing programs, activities, or projects as approved by Congress;

unless the Appropriations Committees of both Houses of Congress

are notified fifteen days in advance of such reprogramming of

funds.

SEC. 606. None of the funds made available in this Act may

be used for the construction, repair (other than emergency repair),

overhaul, conversion, or modernization of vessels for the National

Oceanic and Atmospheric Administration in shipyards located outside of the United States.

SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 608. None of the funds made available in this Act may

be used to implement, administer, or enforce any guidelines of

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 609. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended to pay for

any cost incurred for (1) opening or operating any United States
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–64

diplomatic or consular post in the Socialist Republic of Vietnam

that was not operating on July 11, 1995; (2) expanding any United

States diplomatic or consular post in the Socialist Republic of Vietnam that was operating on July 11, 1995; or (3) increasing the

total number of personnel assigned to United States diplomatic

or consular posts in the Socialist Republic of Vietnam above the

levels existing on July 11, 1995, unless the President certifies

within 60 days, based upon all information available to the United

States Government that the Government of the Socialist Republic

of Vietnam is cooperating in full faith with the United States

in the following four areas:

(1) Resolving discrepancy cases, live sightings and field

activities,

(2) Recovering and repatriating American remains,

(3) Accelerating efforts to provide documents that will help

lead to fullest possible accounting of POW/MIA’s,

(4) Providing further assistance in implementing trilateral

investigations with Laos.

SEC. 610. None of the funds made available by this Act may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds (1) that the United Nations undertaking is a peacekeeping mission, (2) that such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national, and (3) that the President’s military advisors have not

submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the

President has not submitted to the Congress such a recommendation.

SEC. 611. None of the funds made available in this Act shall

be used to provide the following amenities or personal comforts

in the Federal prison system—

(1) in-cell television viewing except for prisoners who are

segregated from the general prison population for their own

safety;

(2) the viewing of R, X, and NC–17 rated movies, through

whatever medium presented;

(3) any instruction (live or through broadcasts) or training

equipment for boxing, wrestling, judo, karate, or other martial

art, or any bodybuilding or weightlifting equipment of any

sort;

(4) possession of in-cell coffee pots, hot plates, or heating

elements; or

(5) the use or possession of any electric or electronic musical

instrument.

SEC. 612. None of the funds made available in title II for

the National Oceanic and Atmospheric Administration under the

heading ‘‘Fleet Modernization, Shipbuilding and Conversion’’ may

be used to implement sections 603, 604, and 605 of Public Law

102–567.

SEC. 613. None of the funds made available in this Act may

be used for ‘‘USIA Television Marti Program’’ under the Television

Broadcasting to Cuba Act or any other program of United States

Government television broadcasts to Cuba, when it is made known

to the Federal official having authority to obligate or expend such

funds that such use would be inconsistent with the applicable
110 STAT. 1321–65 PUBLIC LAW 104–134—APR. 26, 1996

provisions of the March 1995 Office of Cuba Broadcasting Reinventing Plan of the United States Information Agency.

SEC. 614. (a)(1) Section 5002 of title 18, United States Code,

is repealed.

(2) The table of sections for chapter 401 of title 18, United

States Code, is amended by striking out the item relating to the

Advisory Corrections Council.

(b) This section shall take effect 30 days after the date of

the enactment of this Act.

SEC. 615. Any costs incurred by a Department or agency funded

under this Act resulting from personnel actions taken in response

to funding reductions included in this Act shall be absorbed within

the total budgetary resources available to such Department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

provision is provided in addition to authorities included elsewhere

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

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 616. Notwithstanding section 106 of Public Law 104–

91, the general provisions for the Department of Justice that were

included in the conference report to accompany H.R. 2076 and

were identified in the amendment to Public Law 104–91 made

by section 211 of Public Law 104–99 shall continue to remain

in effect as enacted into law.

SEC. 617. Upon enactment of this Act, the provisions of section

201(a) of Public Law 104–99 are superseded.

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$65,000,000 are rescinded.

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

(RESCISSION)

Of the unobligated balances available under this heading,

$64,500,000 are rescinded.

Effective date.

18 USC 5002

note.

Repeal.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–66

RELATED AGENCIES

UNITED STATES INFORMATION AGENCY

RADIO CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading,

$7,400,000 are rescinded.

TITLE VIII—PRISON LITIGATION REFORM

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Prison Litigation Reform Act

of 1995’’.

SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

(a) IN GENERAL.—Section 3626 of title 18, United States Code,

is amended to read as follows:

‘‘§ 3626. Appropriate remedies with respect to prison conditions

‘‘(a) REQUIREMENTS FOR RELIEF.—

‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective relief in any

civil action with respect to prison conditions shall extend no

further than necessary to correct the violation of the Federal

right of a particular plaintiff or plaintiffs. The court shall

not grant or approve any prospective relief unless the court

finds that such relief is narrowly drawn, extends no further

than necessary to correct the violation of the Federal right,

and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight

to any adverse impact on public safety or the operation of

a criminal justice system caused by the relief.

‘‘(B) The court shall not order any prospective relief that

requires or permits a government official to exceed his or her

authority under State or local law or otherwise violates State

or local law, unless—

‘‘(i) Federal law permits such relief to be ordered in

violation of State or local law;

‘‘(ii) the relief is necessary to correct the violation of

a Federal right; and

‘‘(iii) no other relief will correct the violation of the

Federal right.

‘‘(C) Nothing in this section shall be construed to authorize

the courts, in exercising their remedial powers, to order the

construction of prisons or the raising of taxes, or to repeal

or detract from otherwise applicable limitations on the remedial

powers of the courts.

‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any civil action

with respect to prison conditions, to the extent otherwise

authorized by law, the court may enter a temporary restraining

order or an order for preliminary injunctive relief. Preliminary

injunctive relief must be narrowly drawn, extend no further

than necessary to correct the harm the court finds requires

preliminary relief, and be the least intrusive means necessary

to correct that harm. The court shall give substantial weight

18 USC 3601

note.

Prison Litigation

Reform Act of

1995.
110 STAT. 1321–67 PUBLIC LAW 104–134—APR. 26, 1996

to any adverse impact on public safety or the operation of

a criminal justice system caused by the preliminary relief and

shall respect the principles of comity set out in paragraph

(1)(B) in tailoring any preliminary relief. Preliminary injunctive

relief shall automatically expire on the date that is 90 days

after its entry, unless the court makes the findings required

under subsection (a)(1) for the entry of prospective relief and

makes the order final before the expiration of the 90-day period.

‘‘(3) PRISONER RELEASE ORDER.—(A) In any civil action with

respect to prison conditions, no prisoner release order shall

be entered unless—

‘‘(i) a court has previously entered an order for less

intrusive relief that has failed to remedy the deprivation

of the Federal right sought to be remedied through the

prisoner release order; and

‘‘(ii) the defendant has had a reasonable amount of

time to comply with the previous court orders.

‘‘(B) In any civil action in Federal court with respect to

prison conditions, a prisoner release order shall be entered

only by a three-judge court in accordance with section 2284

of title 28, if the requirements of subparagraph (E) have been

met.

‘‘(C) A party seeking a prisoner release order in Federal

court shall file with any request for such relief, a request

for a three-judge court and materials sufficient to demonstrate

that the requirements of subparagraph (A) have been met.

‘‘(D) If the requirements under subparagraph (A) have been

met, a Federal judge before whom a civil action with respect

to prison conditions is pending who believes that a prison

release order should be considered may sua sponte request

the convening of a three-judge court to determine whether

a prisoner release order should be entered.

‘‘(E) The three-judge court shall enter a prisoner release

order only if the court finds by clear and convincing evidence

that—

‘‘(i) crowding is the primary cause of the violation

of a Federal right; and

‘‘(ii) no other relief will remedy the violation of the

Federal right.

‘‘(F) Any State or local official or unit of government whose

jurisdiction or function includes the appropriation of funds for

the construction, operation, or maintenance of program facilities, or the prosecution or custody of persons who may be

released from, or not admitted to, a prison as a result of

a prisoner release order shall have standing to oppose the

imposition or continuation in effect of such relief and to seek

termination of such relief, and shall have the right to intervene

in any proceeding relating to such relief.

‘‘(b) TERMINATION OF RELIEF.—

‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—(A) In any civil

action with respect to prison conditions in which prospective

relief is ordered, such relief shall be terminable upon the motion

of any party or intervener—

‘‘(i) 2 years after the date the court granted or approved

the prospective relief;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–68

‘‘(ii) 1 year after the date the court has entered an

order denying termination of prospective relief under this

paragraph; or

‘‘(iii) in the case of an order issued on or before the

date of enactment of the Prison Litigation Reform Act,

2 years after such date of enactment.

‘‘(B) Nothing in this section shall prevent the parties from

agreeing to terminate or modify relief before the relief is terminated under subparagraph (A).

‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF.—In

any civil action with respect to prison conditions, a defendant

or intervener shall be entitled to the immediate termination

of any prospective relief if the relief was approved or granted

in the absence of a finding by the court that the relief is

narrowly drawn, extends no further than necessary to correct

the violation of the Federal right, and is the least intrusive

means necessary to correct the violation of the Federal right.

‘‘(3) LIMITATION.—Prospective relief shall not terminate if

the court makes written findings based on the record that

prospective relief remains necessary to correct a current or

ongoing violation of the Federal right, extends no further than

necessary to correct the violation of the Federal right, and

that the prospective relief is narrowly drawn and the least

intrusive means to correct the violation.

‘‘(4) TERMINATION OR MODIFICATION OF RELIEF.—Nothing

in this section shall prevent any party or intervener from

seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible.

‘‘(c) SETTLEMENTS.—

‘‘(1) CONSENT DECREES.—In any civil action with respect

to prison conditions, the court shall not enter or approve a

consent decree unless it complies with the limitations on relief

set forth in subsection (a).

‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A) Nothing in

this section shall preclude parties from entering into a private

settlement agreement that does not comply with the limitations

on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement other than the

reinstatement of the civil proceeding that the agreement settled.

‘‘(B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached

from seeking in State court any remedy available under State

law.

‘‘(d) STATE LAW REMEDIES.—The limitations on remedies in

this section shall not apply to relief entered by a State court

based solely upon claims arising under State law.

‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPECTIVE

RELIEF.—

‘‘(1) GENERALLY.—The court shall promptly rule on any

motion to modify or terminate prospective relief in a civil action

with respect to prison conditions.

‘‘(2) AUTOMATIC STAY.—Any prospective relief subject to

a pending motion shall be automatically stayed during the

period—
110 STAT. 1321–69 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(A)(i) beginning on the 30th day after such motion

is filed, in the case of a motion made under paragraph

(1) or (2) of subsection (b); or

‘‘(ii) beginning on the 180th day after such motion

is filed, in the case of a motion made under any other

law; and

‘‘(B) ending on the date the court enters a final order

ruling on the motion.

‘‘(f) SPECIAL MASTERS.—

‘‘(1) IN GENERAL.—(A) In any civil action in a Federal

court with respect to prison conditions, the court may appoint

a special master who shall be disinterested and objective and

who will give due regard to the public safety, to conduct hearings on the record and prepare proposed findings of fact.

‘‘(B) The court shall appoint a special master under this

subsection during the remedial phase of the action only upon

a finding that the remedial phase will be sufficiently complex

to warrant the appointment.

‘‘(2) APPOINTMENT.—(A) If the court determines that the

appointment of a special master is necessary, the court shall

request that the defendant institution and the plaintiff each

submit a list of not more than 5 persons to serve as a special

master.

‘‘(B) Each party shall have the opportunity to remove up

to 3 persons from the opposing party’s list.

‘‘(C) The court shall select the master from the persons

remaining on the list after the operation of subparagraph (B).

‘‘(3) INTERLOCUTORY APPEAL.—Any party shall have the

right to an interlocutory appeal of the judge’s selection of the

special master under this subsection, on the ground of partiality.

‘‘(4) COMPENSATION.—The compensation to be allowed to

a special master under this section shall be based on an hourly

rate not greater than the hourly rate established under section

3006A for payment of court-appointed counsel, plus costs

reasonably incurred by the special master. Such compensation

and costs shall be paid with funds appropriated to the Judiciary.

‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In any civil action

with respect to prison conditions in which a special master

is appointed under this subsection, the court shall review the

appointment of the special master every 6 months to determine

whether the services of the special master continue to be

required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of

the relief.

‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A special master

appointed under this subsection—

‘‘(A) may be authorized by a court to conduct hearings

and prepare proposed findings of fact, which shall be made

on the record;

‘‘(B) shall not make any findings or communications

ex parte;

‘‘(C) may be authorized by a court to assist in the

development of remedial plans; and

‘‘(D) may be removed at any time, but shall be relieved

of the appointment upon the termination of relief.

‘‘(g) DEFINITIONS.—As used in this section—
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–70

‘‘(1) the term ‘consent decree’ means any relief entered

by the court that is based in whole or in part upon the consent

or acquiescence of the parties but does not include private

settlements;

‘‘(2) the term ‘civil action with respect to prison conditions’

means any civil proceeding arising under Federal law with

respect to the conditions of confinement or the effects of actions

by government officials on the lives of persons confined in

prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison;

‘‘(3) the term ‘prisoner’ means any person subject to incarceration, detention, or admission to any facility who is accused

of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program;

‘‘(4) the term ‘prisoner release order’ includes any order,

including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting

the prison population, or that directs the release from or nonadmission of prisoners to a prison;

‘‘(5) the term ‘prison’ means any Federal, State, or local

facility that incarcerates or detains juveniles or adults accused

of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law;

‘‘(6) the term ‘private settlement agreement’ means an

agreement entered into among the parties that is not subject

to judicial enforcement other than the reinstatement of the

civil proceeding that the agreement settled;

‘‘(7) the term ‘prospective relief’ means all relief other than

compensatory monetary damages;

‘‘(8) the term ‘special master’ means any person appointed

by a Federal court pursuant to Rule 53 of the Federal Rules

of Civil Procedure or pursuant to any inherent power of the

court to exercise the powers of a master, regardless of the

title or description given by the court; and

‘‘(9) the term ‘relief’ means all relief in any form that

may be granted or approved by the court, and includes consent

decrees but does not include private settlement agreements.’’.

(b) APPLICATION OF AMENDMENT.—

(1) IN GENERAL.—Section 3626 of title 18, United States

Code, as amended by this section, shall apply with respect

to all prospective relief whether such relief was originally

granted or approved before, on, or after the date of the enactment of this title.

(2) TECHNICAL AMENDMENT.—Subsections (b) and (d) of

section 20409 of the Violent Crime Control and Law Enforcement Act of 1994 are repealed.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter C of chapter 229 of title 18, United States

Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.

SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED

PERSONS ACT.

(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the Civil

Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred

to in this section as the ‘‘Act’’) is amended to read as follows:

18 USC 3626

note.

18 USC 3626

note.
110 STAT. 1321–71 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(c) The Attorney General shall personally sign any complaint

filed pursuant to this section.’’.

(b) CERTIFICATION REQUIREMENTS.—Section 4 of the Act (42

U.S.C. 1997b) is amended—

(1) in subsection (a)—

(A) by striking ‘‘he’’ each place it appears and inserting

‘‘the Attorney General’’; and

(B) by striking ‘‘his’’ and inserting ‘‘the Attorney General’s’’; and

(2) by amending subsection (b) to read as follows:

‘‘(b) The Attorney General shall personally sign any certification

made pursuant to this section.’’.

(c) INTERVENTION IN ACTIONS.—Section 5 of the Act (42 U.S.C.

1997c) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘he’’ each place it

appears and inserting ‘‘the Attorney General’’; and

(B) by amending paragraph (2) to read as follows:

‘‘(2) The Attorney General shall personally sign any certification

made pursuant to this section.’’; and

(2) by amending subsection (c) to read as follows:

‘‘(c) The Attorney General shall personally sign any motion

to intervene made pursuant to this section.’’.

(d) SUITS BY PRISONERS.—Section 7 of the Act (42 U.S.C. 1997e)

is amended to read as follows:

‘‘SEC. 7. SUITS BY PRISONERS.

‘‘(a) APPLICABILITY OF ADMINISTRATIVE REMEDIES.—No action

shall be brought with respect to prison conditions under section

1979 of the Revised Statutes of the United States (42 U.S.C. 1983),

or any other Federal law, by a prisoner confined in any jail, prison,

or other correctional facility until such administrative remedies

as are available are exhausted.

‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of a State to adopt or

adhere to an administrative grievance procedure shall not constitute

the basis for an action under section 3 or 5 of this Act.

‘‘(c) DISMISSAL.—(1) The court shall on its own motion or on

the motion of a party dismiss any action brought with respect

to prison conditions under section 1979 of the Revised Statutes

of the United States (42 U.S.C. 1983), or any other Federal law,

by a prisoner confined in any jail, prison, or other correctional

facility if the court is satisfied that the action is frivolous, malicious,

fails to state a claim upon which relief can be granted, or seeks

monetary relief from a defendant who is immune from such relief.

‘‘(2) In the event that a claim is, on its face, frivolous, malicious,

fails to state a claim upon which relief can be granted, or seeks

monetary relief from a defendant who is immune from such relief,

the court may dismiss the underlying claim without first requiring

the exhaustion of administrative remedies.

‘‘(d) ATTORNEY’S FEES.—(1) In any action brought by a prisoner

who is confined to any jail, prison, or other correctional facility,

in which attorney’s fees are authorized under section 2 of the

Revised Statutes of the United States (42 U.S.C. 1988), such fees

shall not be awarded, except to the extent that—

‘‘(A) the fee was directly and reasonably incurred in proving

an actual violation of the plaintiff’s rights protected by a statute
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–72

pursuant to which a fee may be awarded under section 2

of the Revised Statutes; and

‘‘(B)(i) the amount of the fee is proportionately related

to the court ordered relief for the violation; or

‘‘(ii) the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.

‘‘(2) Whenever a monetary judgment is awarded in an action

described in paragraph (1), a portion of the judgment (not to exceed

25 percent) shall be applied to satisfy the amount of attorney’s

fees awarded against the defendant. If the award of attorney’s

fees is not greater than 150 percent of the judgment, the excess

shall be paid by the defendant.

‘‘(3) No award of attorney’s fees in an action described in

paragraph (1) shall be based on an hourly rate greater than 150

percent of the hourly rate established under section 3006A of title

18, United States Code, for payment of court-appointed counsel.

‘‘(4) Nothing in this subsection shall prohibit a prisoner from

entering into an agreement to pay an attorney’s fee in an amount

greater than the amount authorized under this subsection, if the

fee is paid by the individual rather than by the defendant pursuant

to section 2 of the Revised Statutes of the United States (42 U.S.C.

1988).

‘‘(e) LIMITATION ON RECOVERY.—No Federal civil action may

be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in

custody without a prior showing of physical injury.

‘‘(f) HEARINGS.—(1) To the extent practicable, in any action

brought with respect to prison conditions in Federal court pursuant

to section 1979 of the Revised Statutes of the United States (42

U.S.C. 1983), or any other Federal law, by a prisoner confined

in any jail, prison, or other correctional facility, pretrial proceedings

in which the prisoner’s participation is required or permitted shall

be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility

in which the prisoner is confined.

‘‘(2) Subject to the agreement of the official of the Federal,

State, or local unit of government with custody over the prisoner,

hearings may be conducted at the facility in which the prisoner

is confined. To the extent practicable, the court shall allow counsel

to participate by telephone, video conference, or other communications technology in any hearing held at the facility.

‘‘(g) WAIVER OF REPLY.—(1) Any defendant may waive the right

to reply to any action brought by a prisoner confined in any jail,

prison, or other correctional facility under section 1979 of the

Revised Statutes of the United States (42 U.S.C. 1983) or any

other Federal law. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. No relief shall be granted to

the plaintiff unless a reply has been filed.

‘‘(2) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has

a reasonable opportunity to prevail on the merits.

‘‘(h) DEFINITION.—As used in this section, the term ‘prisoner’

means any person incarcerated or detained in any facility who

is accused of, convicted of, sentenced for, or adjudicated delinquent

for, violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.’’.
110 STAT. 1321–73 PUBLIC LAW 104–134—APR. 26, 1996

(e) REPORT TO CONGRESS.—Section 8 of the Act (42 U.S.C.

1997f) is amended by striking ‘‘his report’’ and inserting ‘‘the report’’.

(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10 of the Act

(42 U.S.C. 1997h) is amended—

(1) by striking ‘‘his action’’ and inserting ‘‘the action’’; and

(2) by striking ‘‘he is satisfied’’ and inserting ‘‘the Attorney

General is satisfied’’.

SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

(a) FILING FEES.—Section 1915 of title 28, United States Code,

is amended—

(1) in subsection (a)—

(A) by striking ‘‘(a) Any’’ and inserting ‘‘(a)(1) Subject

to subsection (b), any’’;

(B) by striking ‘‘and costs’’;

(C) by striking ‘‘makes affidavit’’ and inserting ‘‘submits an affidavit that includes a statement of all assets

such prisoner possesses’’;

(D) by striking ‘‘such costs’’ and inserting ‘‘such fees’’;

(E) by striking ‘‘he’’ each place it appears and inserting

‘‘the person’’;

(F) by adding immediately after paragraph (1), the

following new paragraph:

‘‘(2) A prisoner seeking to bring a civil action or appeal a

judgment in a civil action or proceeding without prepayment of

fees or security therefor, in addition to filing the affidavit filed

under paragraph (1), shall submit a certified copy of the trust

fund account statement (or institutional equivalent) for the prisoner

for the 6-month period immediately preceding the filing of the

complaint or notice of appeal, obtained from the appropriate official

of each prison at which the prisoner is or was confined.’’; and

(G) by striking ‘‘An appeal’’ and inserting ‘‘(3) An

appeal’’;

(2) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f), respectively;

(3) by inserting after subsection (a) the following new subsection:

‘‘(b)(1) Notwithstanding subsection (a), if a prisoner brings a

civil action or files an appeal in forma pauperis, the prisoner shall

be required to pay the full amount of a filing fee. The court shall

assess and, when funds exist, collect, as a partial payment of

any court fees required by law, an initial partial filing fee of

20 percent of the greater of—

‘‘(A) the average monthly deposits to the prisoner’s account;

or

‘‘(B) the average monthly balance in the prisoner’s account

for the 6-month period immediately preceding the filing of

the complaint or notice of appeal.

‘‘(2) After payment of the initial partial filing fee, the prisoner

shall be required to make monthly payments of 20 percent of

the preceding month’s income credited to the prisoner’s account.

The agency having custody of the prisoner shall forward payments

from the prisoner’s account to the clerk of the court each time

the amount in the account exceeds $10 until the filing fees are

paid.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–74

‘‘(3) In no event shall the filing fee collected exceed the amount

of fees permitted by statute for the commencement of a civil action

or an appeal of a civil action or criminal judgment.

‘‘(4) In no event shall a prisoner be prohibited from bringing

a civil action or appealing a civil or criminal judgment for the

reason that the prisoner has no assets and no means by which

to pay the initial partial filing fee.’’;

(4) in subsection (c), as redesignated by paragraph (2),

by striking ‘‘subsection (a) of this section’’ and inserting ‘‘subsections (a) and (b) and the prepayment of any partial filing

fee as may be required under subsection (b)’’; and

(5) by amending subsection (e), as redesignated by paragraph (2), to read as follows:

‘‘(e)(1) The court may request an attorney to represent any

person unable to afford counsel.

‘‘(2) Notwithstanding any filing fee, or any portion thereof,

that may have been paid, the court shall dismiss the case at

any time if the court determines that—

‘‘(A) the allegation of poverty is untrue; or

‘‘(B) the action or appeal—

‘‘(i) is frivolous or malicious;

‘‘(ii) fails to state a claim on which relief may be

granted; or

‘‘(iii) seeks monetary relief against a defendant who

is immune from such relief.’’.

(b) EXCEPTION TO DISCHARGE OF DEBT IN BANKRUPTCY

PROCEEDING.—Section 523(a) of title 11, United States Code, is

amended—

(1) in paragraph (16), by striking the period at the end

and inserting ‘‘; or’’; and

(2) by adding at the end the following new paragraph:

‘‘(17) for a fee imposed by a court for the filing of a case,

motion, complaint, or appeal, or for other costs and expenses

assessed with respect to such filing, regardless of an assertion

of poverty by the debtor under section 1915 (b) or (f) of title

28, or the debtor’s status as a prisoner, as defined in section

1915(h) of title 28.’’.

(c) COSTS.—Section 1915(f) of title 28, United States Code (as

redesignated by subsection (a)(2)), is amended—

(1) by striking ‘‘(f) Judgment’’ and inserting ‘‘(f)(1) Judgment’’;

(2) by striking ‘‘cases’’ and inserting ‘‘proceedings’’; and

(3) by adding at the end the following new paragraph:

‘‘(2)(A) If the judgment against a prisoner includes the payment

of costs under this subsection, the prisoner shall be required to

pay the full amount of the costs ordered.

‘‘(B) The prisoner shall be required to make payments for

costs under this subsection in the same manner as is provided

for filing fees under subsection (a)(2).

‘‘(C) In no event shall the costs collected exceed the amount

of the costs ordered by the court.’’.

(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28, United States

Code, is amended by adding at the end the following new subsection:

‘‘(g) In no event shall a prisoner bring a civil action or appeal

a judgment in a civil action or proceeding under this section if

the prisoner has, on 3 or more prior occasions, while incarcerated

or detained in any facility, brought an action or appeal in a court
110 STAT. 1321–75 PUBLIC LAW 104–134—APR. 26, 1996

of the United States that was dismissed on the grounds that it

is frivolous, malicious, or fails to state a claim upon which relief

may be granted, unless the prisoner is under imminent danger

of serious physical injury.’’.

(e) DEFINITION.—Section 1915 of title 28, United States Code,

is amended by adding at the end the following new subsection:

‘‘(h) As used in this section, the term ‘prisoner’ means any

person incarcerated or detained in any facility who is accused

of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.’’.

SEC. 805. JUDICIAL SCREENING.

(a) IN GENERAL.—Chapter 123 of title 28, United States Code,

is amended by inserting after section 1915 the following new section:

‘‘§ 1915A. Screening

‘‘(a) SCREENING.—The court shall review, before docketing, if

feasible or, in any event, as soon as practicable after docketing,

a complaint in a civil action in which a prisoner seeks redress

from a governmental entity or officer or employee of a governmental

entity.

‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court shall identify cognizable claims or dismiss the complaint, or any portion

of the complaint, if the complaint—

‘‘(1) is frivolous, malicious, or fails to state a claim upon

which relief may be granted; or

‘‘(2) seeks monetary relief from a defendant who is immune

from such relief.

‘‘(c) DEFINITION.—As used in this section, the term ‘prisoner’

means any person incarcerated or detained in any facility who

is accused of, convicted of, sentenced for, or adjudicated delinquent

for, violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.’’.

(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of

title 28, United States Code, is amended by inserting after the

item relating to section 1915 the following new item:

‘‘1915A. Screening.’’.

SEC. 806. FEDERAL TORT CLAIMS.

Section 1346(b) of title 28, United States Code, is amended—

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

(2) by adding at the end the following:

‘‘(2) No person convicted of a felony who is incarcerated while

awaiting sentencing or while serving a sentence may bring a civil

action against the United States or an agency, officer, or employee

of the Government, for mental or emotional injury suffered while

in custody without a prior showing of physical injury.’’.

SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING RESTITUTION ORDERS.

Any compensatory damages awarded to a prisoner in connection

with a civil action brought against any Federal, State, or local

jail, prison, or correctional facility or against any official or agent

of such jail, prison, or correctional facility, shall be paid directly

to satisfy any outstanding restitution orders pending against the

18 USC 3626

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–76

prisoner. The remainder of any such award after full payment

of all pending restitution orders shall be forwarded to the prisoner.

SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.

Prior to payment of any compensatory damages awarded to

a prisoner in connection with a civil action brought against any

Federal, State, or local jail, prison, or correctional facility or against

any official or agent of such jail, prison, or correctional facility,

reasonable efforts shall be made to notify the victims of the crime

for which the prisoner was convicted and incarcerated concerning

the pending payment of any such compensatory damages.

SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.

(a) IN GENERAL.—Chapter 123 of title 28, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1932. Revocation of earned release credit

‘‘In any civil action brought by an adult convicted of a crime

and confined in a Federal correctional facility, the court may order

the revocation of such earned good time credit under section 3624(b)

of title 18, United States Code, that has not yet vested, if, on

its own motion or the motion of any party, the court finds that—

‘‘(1) the claim was filed for a malicious purpose;

‘‘(2) the claim was filed solely to harass the party against

which it was filed; or

‘‘(3) the claimant testifies falsely or otherwise knowingly

presents false evidence or information to the court.’’.

(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of

title 28, United States Code, is amended by inserting after the

item relating to section 1931 the following:

‘‘1932. Revocation of earned release credit.’’.

(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Section 3624(b)

of title 18, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking the first sentence;

(B) in the second sentence—

(i) by striking ‘‘A prisoner’’ and inserting ‘‘Subject

to paragraph (2), a prisoner’’;

(ii) by striking ‘‘for a crime of violence,’’; and

(iii) by striking ‘‘such’’;

(C) in the third sentence, by striking ‘‘If the Bureau’’

and inserting ‘‘Subject to paragraph (2), if the Bureau’’;

(D) by striking the fourth sentence and inserting the

following: ‘‘In awarding credit under this section, the

Bureau shall consider whether the prisoner, during the

relevant period, has earned, or is making satisfactory

progress toward earning, a high school diploma or an

equivalent degree.’’; and

(E) in the sixth sentence, by striking ‘‘Credit for the

last’’ and inserting ‘‘Subject to paragraph (2), credit for

the last’’; and

(2) by amending paragraph (2) to read as follows:

‘‘(2) Notwithstanding any other law, credit awarded under

this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released

from custody.’’.

18 USC 3626

note.
110 STAT. 1321–77 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 810. SEVERABILITY.

If any provision of this title, an amendment made by this

title, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the remainder

of this title, the amendments made by this title, and the application

of the provisions of such to any person or circumstance shall not

be affected thereby.

This Act may be cited as the ‘‘Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996.’’.

(b) For programs, projects or activities in the District of Columbia Appropriations Act, 1996, provided as follows, to be effective

as if it had been enacted into law as the regular appropriations

Act:

AN ACT

Making appropriations for the government of the District of

Columbia and other activities chargeable in whole or in part against

the revenues of said District for the fiscal year ending September

30, 1996, and for other purposes.

TITLE I—FISCAL YEAR 1996 APPROPRIATIONS

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1996, $660,000,000, as authorized by section

502(a) of the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended (D.C.

Code, sec. 47–3406.1).

FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

For the Federal contribution to the Police Officers and Fire

Fighters’, Teachers’, and Judges’ Retirement Funds, as authorized

by the District of Columbia Retirement Reform Act, approved

November 17, 1979 (93 Stat. 866; Public Law 96–122), $52,070,000.

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia, except as otherwise specifically provided.

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $149,130,000 and 1,498

full-time equivalent positions (end of year) (including $117,464,000

and 1,158 full-time equivalent positions from local funds, $2,464,000

and 5 full-time equivalent positions from Federal funds, $4,474,000

and 71 full-time equivalent positions from other funds, and

$24,728,000 and 264 full-time equivalent positions from intra-District funds): Provided, That not to exceed $2,500 for the Mayor,

$2,500 for the Chairman of the Council of the District of Columbia,

and $2,500 for the City Administrator shall be available from this

appropriation for expenditures for official purposes: Provided further, That any program fees collected from the issuance of debt

District of

Columbia

Appropriations

Act, 1996.

18 USC 3626

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–78

shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That

no revenues from Federal sources shall be used to support the

operations or activities of the Statehood Commission and Statehood

Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood

from its own locally-generated revenues: Provided further, That

$29,500,000 is for pay-as-you-go capital projects of which $1,500,000

shall be for a capital needs assessment study, and $28,000,000

shall be for a new financial management system, if so determined

following the evaluation and review process subsequently described

in this paragraph, of which $2,000,000 shall be used to develop

a needs analysis and assessment of the existing financial management environment, and the remaining $26,000,000 shall be used

to procure the necessary hardware and installation of new software,

conversion, testing and training: Provided further, That the

$26,000,000 shall not be obligated or expended until: (1) the District

of Columbia Financial Responsibility and Management Assistance

Authority submits a report to the Committees on Appropriations

of the House and the Senate, the Committee on Governmental

Reform and Oversight of the House, and the Committee on Governmental Affairs of the Senate reporting the results of a needs analysis and assessment of the existing financial management environment, specifying the deficiencies in, and recommending necessary

improvements to or replacement of the District’s financial management system including a detailed explanation of each recommendation and its estimated cost; and (2) 30 days lapse after receipt

of the report by Congress: Provided further, That the District of

Columbia government shall enter into negotiations with Gallaudet

University to transfer, at a fair market value rate, Hamilton School

from the District of Columbia to Gallaudet University with the

proceeds, if such a sale takes place, deposited into the general

fund of the District and used to improve public school facilities

in the same ward as the Hamilton School.

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $140,983,000 and 1,692

full-time equivalent positions (end-of-year) (including $68,203,000

and 698 full-time equivalent positions from local funds, $38,792,000

and 509 full-time equivalent positions from Federal funds,

$17,658,000 and 258 full-time equivalent positions from other funds,

and $16,330,000 and 227 full-time equivalent positions from intraDistrict funds): Provided, That the District of Columbia Housing

Finance Agency, established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C.

Law 2–135; D.C. Code, sec. 45–2111), based upon its capability

of repayments as determined each year by the Council of the District

of Columbia from the Housing Finance Agency’s annual audited

financial statements to the Council of the District of Columbia,

shall repay to the general fund an amount equal to the appropriated

administrative costs plus interest at a rate of four percent per

annum for a term of 15 years, with a deferral of payments for

the first three years: Provided further, That notwithstanding the

foregoing provision, the obligation to repay all or part of the

amounts due shall be subject to the rights of the owners of any

bonds or notes issued by the Housing Finance Agency and shall

Gallaudet

University.

Reports.
110 STAT. 1321–79 PUBLIC LAW 104–134—APR. 26, 1996

be repaid to the District of Columbia government only from available operating revenues of the Housing Finance Agency that are

in excess of the amounts required for debt service, reserve funds,

and operating expenses: Provided further, That upon commencement of the debt service payments, such payments shall be deposited into the general fund of the District of Columbia.

PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase of 135 passengercarrying vehicles for replacement only, including 130 for policetype use and five for fire-type use, without regard to the general

purchase price limitation for the current fiscal year, $963,848,000

and 11,544 full-time equivalent positions (end-of-year) (including

$940,631,000 and 11,365 full-time equivalent positions from local

funds, $8,942,000 and 70 full-time equivalent positions from Federal

funds, $5,160,000 and 4 full-time equivalent positions from other

funds, and $9,115,000 and 105 full-time equivalent positions from

intra-District funds): Provided, That the Metropolitan Police Department is authorized to replace not to exceed 25 passenger-carrying

vehicles and the Fire Department of the District of Columbia is

authorized to replace not to exceed five passenger-carrying vehicles

annually whenever the cost of repair to any damaged vehicle

exceeds three-fourths of the cost of the replacement: Provided further, That not to exceed $500,000 shall be available from this

appropriation for the Chief of Police for the prevention and detection

of crime: Provided further, That the Metropolitan Police Department

shall provide quarterly reports to the Committees on Appropriations

of the House and Senate on efforts to increase efficiency and improve

the professionalism in the department: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86–

45, issued March 18, 1986, the Metropolitan Police Department’s

delegated small purchase authority shall be $500,000: Provided

further, That the District of Columbia government may not require

the Metropolitan Police Department to submit to any other procurement review process, or to obtain the approval of or be restricted

in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided

further, That $250,000 is used for the Georgetown Summer Detail;

$200,000 is used for East of the River Detail; $100,000 is used

for Adams Morgan Detail; and $100,000 is used for the Capitol

Hill Summer Detail: Provided further, That the Metropolitan Police

Department shall employ an authorized level of sworn officers not

to be less than 3,800 sworn officers for the fiscal year ending

September 30, 1996: Provided further, That funds appropriated

for expenses under the District of Columbia Criminal Justice Act,

approved September 3, 1974 (88 Stat. 1090; Public Law 93–412;

D.C. Code, sec. 11–2601 et seq.), for the fiscal year ending September 30, 1996, shall be available for obligations incurred under

the Act in each fiscal year since inception in the fiscal year 1975:

Provided further, That funds appropriated for expenses under the

District of Columbia Neglect Representation Equity Act of 1984,

effective March 13, 1985 (D.C. Law 5–129; D.C. Code, sec. 16–

2304), for the fiscal year ending September 30, 1996, shall be

available for obligations incurred under the Act in each fiscal year

since inception in the fiscal year 1985: Provided further, That funds

appropriated for expenses under the District of Columbia GuardianReports.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–80

ship, Protective Proceedings, and Durable Power of Attorney Act

of 1986, effective February 27, 1987 (D.C. Law 6–204; D.C. Code,

sec. 21–2060), for the fiscal year ending September 30, 1996, shall

be available for obligations incurred under the Act in each fiscal

year since inception in fiscal year 1989: Provided further, That

not to exceed $1,500 for the Chief Judge of the District of Columbia

Court of Appeals, $1,500 for the Chief Judge of the Superior Court

of the District of Columbia, and $1,500 for the Executive Officer

of the District of Columbia Courts shall be available from this

appropriation for official purposes: Provided further, That the District of Columbia shall operate and maintain a free, 24-hour telephone information service whereby residents of the area surrounding Lorton prison in Fairfax County, Virginia, can promptly obtain

information from District of Columbia government officials on all

disturbances at the prison, including escapes, riots, and similar

incidents: Provided further, That the District of Columbia government shall also take steps to publicize the availability of the 24-

hour telephone information service among the residents of the area

surrounding the Lorton prison: Provided further, That not to exceed

$100,000 of this appropriation shall be used to reimburse Fairfax

County, Virginia, and Prince William County, Virginia, for expenses

incurred by the counties during the fiscal year ending September

30, 1996, in relation to the Lorton prison complex: Provided further,

That such reimbursements shall be paid in all instances in which

the District requests the counties to provide police, fire, rescue,

and related services to help deal with escapes, fires, riots, and

similar disturbances involving the prison: Provided further, That

the Mayor shall reimburse the District of Columbia National Guard

for expenses incurred in connection with services that are performed

in emergencies by the National Guard in a militia status and

are requested by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the

Mayor and the Commanding General of the District of Columbia

National Guard: Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National

Guard under the preceding proviso shall be available from this

appropriation, and the availability of the sums shall be deemed

as constituting payment in advance for emergency services involved.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national

defense education programs, $795,201,000 and 11,670 full-time

equivalent positions (end-of-year) (including $676,251,000 and 9,996

full-time equivalent positions from local funds, $87,385,000 and

1,227 full-time equivalent positions from Federal funds, $21,719,000

and 234 full-time equivalent positions from other funds, and

$9,846,000 and 213 full-time equivalent positions from intra-District

funds), to be allocated as follows: $580,996,000 and 10,167 fulltime equivalent positions (including $498,310,000 and 9,014 fulltime equivalent positions from local funds, $75,786,000 and 1,058

full-time equivalent positions from Federal funds, $4,343,000 and

44 full-time equivalent positions from other funds, and $2,557,000

and 51 full-time equivalent positions from intra-District funds),

for the public schools of the District of Columbia; $111,800,000

(including $111,000,000 from local funds and $800,000 from intraDistrict funds) shall be allocated for the District of Columbia TeachCommunications.

Prisons.

Virginia.
110 STAT. 1321–81 PUBLIC LAW 104–134—APR. 26, 1996

ers’ Retirement Fund; $79,396,000 and 1,079 full-time equivalent

positions (including $45,377,000 and 572 full-time equivalent positions from local funds, $10,611,000 and 156 full-time equivalent

positions from Federal funds, $16,922,000 and 189 full-time equivalent positions from other funds, and $6,486,000 and 162 full-time

equivalent positions from intra-District funds) for the University

of the District of Columbia; $20,742,000 and 415 full-time equivalent

positions (including $19,839,000 and 408 full-time equivalent positions from local funds, $446,000 and 6 full-time equivalent positions

from Federal funds, $454,000 and 1 full-time equivalent position

from other funds, and $3,000 from intra-District funds) for the

Public Library; $2,267,000 and 9 full-time equivalent positions

(including $1,725,000 and 2 full-time equivalent positions from local

funds and $542,000 and 7 full-time equivalent positions from Federal funds) for the Commission on the Arts and Humanities: Provided, That the public schools of the District of Columbia are

authorized to accept not to exceed 31 motor vehicles for exclusive

use in the driver education program: Provided further, That not

to exceed $2,500 for the Superintendent of Schools, $2,500 for

the President of the University of the District of Columbia, and

$2,000 for the Public Librarian shall be available from this appropriation for expenditures for official purposes: Provided further,

That this appropriation shall not be available to subsidize the

education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees

of the University of the District of Columbia adopts, for the fiscal

year ending September 30, 1996, a tuition rate schedule that will

establish the tuition rate for nonresident students at a level no

lower than the nonresident tuition rate charged at comparable

public institutions of higher education in the metropolitan area.

HUMAN SUPPORT SERVICES

Human support services, $1,855,014,000 and 6,469 full-time equivalent positions (end-of-year) (including $1,076,856,000 and

3,650 full-time equivalent positions from local funds, $726,685,000

and 2,639 full-time equivalent positions from Federal funds,

$46,799,000 and 66 full-time equivalent positions from other funds,

and $4,674,000 and 114 full-time equivalent positions from intraDistrict funds): Provided, That $26,000,000 of this appropriation,

to remain available until expended, shall be available solely for

District of Columbia employees’ disability compensation: Provided

further, That the District shall not provide free government services

such as water, sewer, solid waste disposal or collection, utilities,

maintenance, repairs, or similar services to any legally constituted

private nonprofit organization (as defined in section 411(5) of Public

Law 100–77, approved July 22, 1987) providing emergency shelter

services in the District, if the District would not be qualified to

receive reimbursement pursuant to the Stewart B. McKinney Homeless Assistance Act, approved July 22, 1987 (101 Stat. 485; Public

Law 100–77; 42 U.S.C. 11301 et seq.).

PUBLIC WORKS

Public works, including rental of one passenger-carrying vehicle

for use by the Mayor and three passenger-carrying vehicles for

use by the Council of the District of Columbia and purchase of

passenger-carrying vehicles for replacement only, $297,568,000 and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–82

1,914 full-time equivalent positions (end-of-year) (including

$225,915,000 and 1,158 full-time equivalent positions from local

funds, $2,682,000 and 32 full-time equivalent positions from Federal

funds, $18,342,000 and 68 full-time equivalent positions from other

funds, and $50,629,000 and 656 full-time equivalent positions from

intra-District funds): Provided, That this appropriation shall not

be available for collecting ashes or miscellaneous refuse from hotels

and places of business.

WASHINGTON CONVENTION CENTER FUND TRANSFER PAYMENT

For payment to the Washington Convention Center Enterprise

Fund, $5,400,000 from local funds.

REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in

compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896; Public Law 79–648);

section 1 of An Act to authorize the Commissioners of the District

of Columbia to borrow funds for capital improvement programs

and to amend provisions of law relating to Federal Government

participation in meeting costs of maintaining the Nation’s Capital

City, approved June 6, 1958 (72 Stat. 183; Public Law 85–451;

D.C. Code, sec. 9–219); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate,

and maintain a sanitary sewer to connect the Dulles International

Airport with the District of Columbia system, approved June 12,

1960 (74 Stat. 211; Public Law 86–515); sections 723 and 743(f)

of the District of Columbia Self-Government and Governmental

Reorganization Act of 1973, approved December 24, 1973, as amended (87 Stat. 821; Public Law 93–198; D.C. Code, sec. 47–321, note;

91 Stat. 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

including interest as required thereby, $327,787,000 from local

funds.

REPAYMENT OF GENERAL FUND RECOVERY DEBT

For the purpose of eliminating the $331,589,000 general fund accumulated deficit as of September 30, 1990, $38,678,000 from

local funds, as authorized by section 461(a) of the District of Columbia Self-Government and Governmental Reorganization Act,

approved December 24, 1973, as amended (105 Stat. 540; Public

Law 102–106; D.C. Code, sec. 47–321(a)).

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $9,698,000

from local funds.

PAY RENEGOTIATION OR REDUCTION IN COMPENSATION

The Mayor shall reduce appropriations and expenditures for

personal services in the amount of $46,409,000, by decreasing rates

of compensation for District government employees; such decreased

rates are to be realized from employees who are subject to collective

bargaining agreements to the extent possible through the renegoti-
110 STAT. 1321–83 PUBLIC LAW 104–134—APR. 26, 1996

ation of existing collective bargaining agreements: Provided, That,

if a sufficient reduction from employees who are subject to collective

bargaining agreements is not realized through renegotiating existing agreements, the Mayor shall decrease rates of compensation

for such employees, notwithstanding the provisions of any collective

bargaining agreements: Provided further, That the Congress hereby

ratifies and approves legislation enacted by the Council of the

District of Columbia during fiscal year 1995 to reduce the compensation and benefits of all employees of the District of Columbia government during that fiscal year: Provided further, That notwithstanding any other provision of law, the legislation enacted by the Council

of the District of Columbia during fiscal year 1995 to reduce the

compensation and benefits of all employees of the District of Columbia government during that fiscal year shall be deemed to have

been ratified and approved by the Congress during fiscal year

1995.

RAINY DAY FUND

For mandatory unavoidable expenditures within one or several

of the various appropriation headings of this Act, to be allocated

to the budgets for personal services and nonpersonal services as

requested by the Mayor and approved by the Council pursuant

to the procedures in section 4 of the Reprogramming Policy Act

of 1980, effective September 16, 1980 (D.C. Law 3–100; D.C. Code,

sec. 47–363), $4,563,000 from local funds: Provided, That the District of Columbia shall provide to the Committees on Appropriations

of the House of Representatives and the Senate quarterly reports

by the 15th day of the month following the end of the quarter

showing how monies provided under this fund are expended with

a final report providing a full accounting of the fund due October

15, 1996 or not later than 15 days after the last amount remaining

in the fund is disbursed.

INCENTIVE BUYOUT PROGRAM

For the purpose of funding costs associated with the incentive

buyout program, to be apportioned by the Mayor of the District

of Columbia within the various appropriation headings in this Act

from which costs are properly payable, $19,000,000.

OUTPLACEMENT SERVICES

For the purpose of funding outplacement services for employees

who leave the District of Columbia government involuntarily,

$1,500,000.

BOARDS AND COMMISSIONS

The Mayor shall reduce appropriations and expenditures for

boards and commissions under the various headings in this title

in the amount of $500,000: Provided, That this provision shall

not apply to any board or commission established under title II

of this Act.

GOVERNMENT RE-ENGINEERING PROGRAM

The Mayor shall reduce appropriations and expenditures for

personal and nonpersonal services in the amount of $16,000,000

Reports.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–84

within one or several of the various appropriation headings in

this Title.

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, $168,222,000 (including $82,850,000 from local funds and $85,372,000 from Federal funds), as authorized

by An Act authorizing the laying of water mains and service sewers

in the District of Columbia, the levying of assessments therefor,

and for other purposes, approved April 22, 1904 (33 Stat. 244;

Public Law 58–140; D.C. Code, secs. 43–1512 through 43–1519);

the District of Columbia Public Works Act of 1954, approved May

18, 1954 (68 Stat. 101; Public Law 83–364); An Act to authorize

the Commissioners of the District of Columbia to borrow funds

for capital improvement programs and to amend provisions of law

relating to Federal Government participation in meeting costs of

maintaining the Nation’s Capital City, approved June 6, 1958 (72

Stat. 183; Public Law 85–451; including acquisition of sites,

preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and

alteration and treatment of grounds, to remain available until

expended: Provided, That $105,660,000 from local funds appropriated under this heading in prior fiscal years is rescinded: Provided further, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with

all procedures and limitations established under the Financial

Management System: Provided further, That all funds provided

by this appropriation title shall be available only for the specific

projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects,

except those projects covered by the first sentence of section 23(a)

of the Federal-Aid Highway Act of 1968, approved August 23,

1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,

note), for which funds are provided by this appropriation title,

shall expire on September 30, 1997, except authorizations for

projects as to which funds have been obligated in whole or in

part prior to September 30, 1997: Provided further, That upon

expiration of any such project authorization the funds provided

herein for the project shall lapse.

WATER AND SEWER ENTERPRISE FUND

For the Water and Sewer Enterprise Fund, $242,253,000 and

1,024 full-time equivalent positions (end-of-year) (including

$237,076,000 and 924 full-time equivalent positions from local

funds, $433,000 from other funds, and $4,744,000 and 100 fulltime equivalent positions from intra-District funds), of which

$41,036,000 shall be apportioned and payable to the debt service

fund for repayment of loans and interest incurred for capital

improvement projects. For construction projects, $39,477,000 from Federal funds, as

authorized by An Act authorizing the laying of water mains and

service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904

(33 Stat. 244; Public Law 58–140; D.C. Code, sec. 43–1512 et

seq.): Provided, That the requirements and restrictions that are

applicable to general fund capital improvement projects and set
110 STAT. 1321–85 PUBLIC LAW 104–134—APR. 26, 1996

forth in this Act under the Capital Outlay appropriation title shall

apply to projects approved under this appropriation title.

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal

year ending September 30, 1982, approved December 4, 1981 (95

Stat. 1174, 1175; Public Law 97–91), as amended, for the purpose

of implementing the Law to Legalize Lotteries, Daily Numbers

Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3–172; D.C.

Code, secs. 2–2501 et seq. and 22–1516 et seq.), $229,950,000 and

88 full-time equivalent positions (end-of-year) (including $7,950,000

and 88 full-time equivalent positions for administrative expenses

and $222,000,000 for non-administrative expenses from revenue

generated by the Lottery Board), to be derived from non-Federal

District of Columbia revenues: Provided, That the District of Columbia shall identify the source of funding for this appropriation title

from the District’s own locally-generated revenues: Provided further,

That no revenues from Federal sources shall be used to support

the operations or activities of the Lottery and Charitable Games

Control Board.

CABLE TELEVISION ENTERPRISE FUND

For the Cable Television Enterprise Fund, established by the

Cable Television Communications Act of 1981, effective October

22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et seq.),

$2,351,000 and 8 full-time equivalent positions (end-of-year) (including $2,019,000 and 8 full-time equivalent positions from local funds

and $332,000 from other funds), of which $572,000 shall be transferred to the general fund of the District of Columbia.

STARPLEX FUND

For the Starplex Fund, $6,580,000 from other funds for the

expenses incurred by the Armory Board in the exercise of its powers

granted by An Act To Establish A District of Columbia Armory

Board, and for other purposes, approved June 4, 1948 (62 Stat.

339; D.C. Code, sec. 2–301 et seq.) and the District of Columbia

Stadium Act of 1957, approved September 7, 1957 (71 Stat. 619;

Public Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided, That

the Mayor shall submit a budget for the Armory Board for the

forthcoming fiscal year as required by section 442(b) of the District

of Columbia Self-Government and Governmental Reorganization

Act, approved December 24, 1973 (87 Stat. 824; Public Law 93–

198; D.C. Code, sec. 47–301(b)).

D.C. GENERAL HOSPITAL

For the District of Columbia General Hospital, established by

Reorganization Order No. 57 of the Board of Commissioners, effective August 15, 1953, $115,034,000, of which $56,735,000 shall

be derived by transfer as intra-District funds from the general

fund, $52,684,000 is to be derived from the other funds, and

$5,615,000 is to be derived from intra-District funds.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–86

D.C. RETIREMENT BOARD

For the D.C. Retirement Board, established by section 121

of the District of Columbia Retirement Reform Act of 1989, approved

November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1–711),

$13,440,000 and 11 full-time equivalent positions (end-of-year) from

the earnings of the applicable retirement funds to pay legal,

management, investment, and other fees and administrative

expenses of the District of Columbia Retirement Board: Provided,

That the District of Columbia Retirement Board shall provide to

the Congress and to the Council of the District of Columbia a

quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia

Retirement Board shall provide the Mayor, for transmittal to the

Council of the District of Columbia, an item accounting of the

planned use of appropriated funds in time for each annual budget

submission and the actual use of such funds in time for each

annual audited financial report.

CORRECTIONAL INDUSTRIES FUND

For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act,

approved October 3, 1964 (78 Stat. 1000; Public Law 88–622),

$10,516,000 and 66 full-time equivalent positions (end-of-year)

(including $3,415,000 and 22 full-time equivalent positions from

other funds and $7,101,000 and 44 full-time equivalent positions

from intra-District funds).

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund,

$37,957,000, of which $5,400,000 shall be derived by transfer from

the general fund.

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

MANAGEMENT ASSISTANCE AUTHORITY

For the District of Columbia Financial Responsibility and

Management Assistance Authority, established by section 101(a)

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.

97; Public Law 104–8), $3,500,000.

PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

Notwithstanding any other provision of law, the Chief Financial

Officer established under section 302 of Public Law 104–8, approved

April 17, 1995 (109 Stat. 142) shall, on behalf of the Mayor, adjust

appropriations and expenditures for personal and nonpersonal services, together with the related full-time equivalent positions, in

accordance with the direction of the District of Columbia Financial

Responsibility and Management Assistance Authority such that

there is a net reduction of $150,907,000, within or among one

or several of the various appropriation headings in this Title, pursuant to section 208 of Public Law 104–8, approved April 17, 1995

(109 Stat. 134).

Reports.
110 STAT. 1321–87 PUBLIC LAW 104–134—APR. 26, 1996

GENERAL PROVISIONS

SEC. 101. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 102. Except as otherwise provided in this Act, all vouchers

covering expenditures of appropriations contained in this Act shall

be audited before payment by the designated certifying official

and the vouchers as approved shall be paid by checks issued by

the designated disbursing official.

SEC. 103. Whenever in this Act, an amount is specified within

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as

the maximum amount that may be expended for said purpose

or object rather than an amount set apart exclusively therefor.

SEC. 104. Appropriations in this Act shall be available, when

authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties

at rates established by the Mayor: Provided, That such rates shall

not exceed the maximum prevailing rates for such vehicles as

prescribed in the Federal Property Management Regulations 101–

7 (Federal Travel Regulations).

SEC. 105. Appropriations in this Act shall be available for

expenses of travel and for the payment of dues of organizations

concerned with the work of the District of Columbia government,

when authorized by the Mayor: Provided, That the Council of the

District of Columbia and the District of Columbia Courts may

expend such funds without authorization by the Mayor.

SEC. 106. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making refunds and for the payment of judgments that have been

entered against the District of Columbia government: Provided,

That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of

the District of Columbia Income and Franchise Tax Act of 1947,

approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.

Code, sec. 47–1812.11(c)(3)).

SEC. 107. Appropriations in this Act shall be available for

the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance

Act of 1982, effective April 6, 1982 (D.C. Law 4–101; D.C. Code,

sec. 3–205.44), and for the non-Federal share of funds necessary

to qualify for Federal assistance under the Juvenile Delinquency

Prevention and Control Act of 1968, approved July 31, 1968 (82

Stat. 462; Public Law 90–445, 42 U.S.C. 3801 et seq.).

SEC. 108. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 109. No funds appropriated in this Act for the District

of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit

Public inspection.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–88

the availability of school buildings for the use of any community

or partisan political group during non-school hours.

SEC. 110. The annual budget for the District of Columbia

government for the fiscal year ending September 30, 1997, shall

be transmitted to the Congress no later than April 15, 1996 or

as provided for under the provisions of Public Law 104–8, approved

April 17, 1995.

SEC. 111. None of the funds appropriated in this Act shall

be made available to pay the salary of any employee of the District

of Columbia government whose name, title, grade, salary, past

work experience, and salary history are not available for inspection

by the House and Senate Committees on Appropriations, the House

Committee on Government Reform and Oversight, District of

Columbia Subcommittee, the Subcommittee on Oversight of Government Management, of the Senate Committee on Governmental

Affairs, and the Council of the District of Columbia, or their duly

authorized representative: Provided, That none of the funds contained in this Act shall be made available to pay the salary of

any employee of the District of Columbia government whose name

and salary are not available for public inspection.

SEC. 112. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making payments authorized by the District of Columbia Revenue

Recovery Act of 1977, effective September 23, 1977 (D.C. Law

2–20; D.C. Code, sec. 47–421 et seq.).

SEC. 113. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before

Congress or any State legislature.

SEC. 114. At the start of the fiscal year, the Mayor shall

develop an annual plan, by quarter and by project, for capital

outlay borrowings: Provided, That within a reasonable time after

the close of each quarter, the Mayor shall report to the Council

of the District of Columbia and the Congress the actual borrowings

and spending progress compared with projections.

SEC. 115. The Mayor shall not borrow any funds for capital

projects unless the Mayor has obtained prior approval from the

Council of the District of Columbia, by resolution, identifying the

projects and amounts to be financed with such borrowings.

SEC. 116. The Mayor shall not expend any moneys borrowed

for capital projects for the operating expenses of the District of

Columbia government.

SEC. 117. None of the funds appropriated by this Act may

be obligated or expended by reprogramming except pursuant to

advance approval of the reprogramming granted according to the

procedure set forth in the Joint Explanatory Statement of the

Committee of Conference (House Report No. 96–443), which accompanied the District of Columbia Appropriation Act, 1980, approved

October 30, 1979 (93 Stat. 713; Public Law 96–93), as modified

in House Report No. 98–265, and in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law

3–100; D.C. Code, sec. 47–361 et seq.): Provided, That for the

fiscal year ending September 30, 1996 the above shall apply except

as modified by Public Law 104–8.

SEC. 118. None of the Federal funds provided in this Act shall

be obligated or expended to provide a personal cook, chauffeur,

Reports.

District of

Columbia budget.
110 STAT. 1321–89 PUBLIC LAW 104–134—APR. 26, 1996

or other personal servants to any officer or employee of the District

of Columbia.

SEC. 119. None of the Federal Funds provided in this Act

shall be obligated or expended to procure passenger automobiles

as defined in the Automobile Fuel Efficiency Act of 1980, approved

October 10, 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C.

2001(2)), with an Environmental Protection Agency estimated miles

per gallon average of less than 22 miles per gallon: Provided,

That this section shall not apply to security, emergency rescue,

or armored vehicles.

SEC. 120. (a) Notwithstanding section 422(7) of the District

of Columbia Self-Government and Governmental Reorganization

Act of 1973, approved December 24, 1973 (87 Stat. 790; Public

Law 93–198; D.C. Code, sec. 1–242(7)), the City Administrator

shall be paid, during any fiscal year, a salary at a rate established

by the Mayor, not to exceed the rate established for level IV of

the Executive Schedule under 5 U.S.C. 5315.

(b) For purposes of applying any provision of law limiting

the availability of funds for payment of salary or pay in any fiscal

year, the highest rate of pay established by the Mayor under subsection (a) of this section for any position for any period during

the last quarter of calendar year 1995 shall be deemed to be

the rate of pay payable for that position for September 30, 1995.

(c) Notwithstanding section 4(a) of the District of Columbia

Redevelopment Act of 1945, approved August 2, 1946 (60 Stat.

793; Public Law 79–592; D.C. Code, sec. 5–803(a)), the Board of

Directors of the District of Columbia Redevelopment Land Agency

shall be paid, during any fiscal year, per diem compensation at

a rate established by the Mayor.

SEC. 121. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law

2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to section

422(3) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973

(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(3)), shall

apply with respect to the compensation of District of Columbia

employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions

of title 5 of the United States Code.

SEC. 122. The Director of the Department of Administrative

Services may pay rentals and repair, alter, and improve rented

premises, without regard to the provisions of section 322 of the

Economy Act of 1932 (Public Law 72–212; 40 U.S.C. 278a), upon

a determination by the Director, that by reason of circumstances

set forth in such determination, the payment of these rents and

the execution of this work, without reference to the limitations

of section 322, is advantageous to the District in terms of economy,

efficiency, and the District’s best interest.

SEC. 123. No later than 30 days after the end of the first

quarter of the fiscal year ending September 30, 1996, the Mayor

of the District of Columbia shall submit to the Council of the

District of Columbia the new fiscal year 1996 revenue estimates

as of the end of the first quarter of fiscal year 1996. These estimates

shall be used in the budget request for the fiscal year ending

September 30, 1997. The officially revised estimates at midyear

shall be used for the midyear report.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–90

SEC. 124. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–

85; D.C. Code, sec. 1–1183.3), except that the District of Columbia

Public Schools may renew or extend sole source contracts for which

competition is not feasible or practical, provided that the determination as to whether to invoke the competitive bidding process has

been made in accordance with duly promulgated Board of Education

rules and procedures.

SEC. 125. For purposes of the Balanced Budget and Emergency

Deficit Control Act of 1985, approved December 12, 1985 (99 Stat.

1037; Public Law 99–177), as amended, the term ‘‘program, project,

and activity’’ shall be synonymous with and refer specifically to

each account appropriating Federal funds in this Act, and any

sequestration order shall be applied to each of the accounts rather

than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically

exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985

(99 Stat. 1037; Public Law 99–177), as amended.

SEC. 126. In the event a sequestration order is issued pursuant

to the Balanced Budget and Emergency Deficit Control Act of

1985, approved December 12, 1985 (99 Stat. 1037: Public Law

99–177), as amended, after the amounts appropriated to the District

of Columbia for the fiscal year involved have been paid to the

District of Columbia, the Mayor of the District of Columbia shall

pay to the Secretary of the Treasury, within 15 days after receipt

of a request therefor from the Secretary of the Treasury, such

amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act

that are not specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985, approved

December 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended.

SEC. 127. For the fiscal year ending September 30, 1996, the

District of Columbia shall pay interest on its quarterly payments

to the United States that are made more than 60 days from the

date of receipt of an itemized statement from the Federal Bureau

of Prisons of amounts due for housing District of Columbia convicts

in Federal penitentiaries for the preceding quarter.

SEC. 128. Nothing in this Act shall be construed to authorize

any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been

approved by the Council pursuant to section 422(12) of the District

of Columbia Self-Government and Governmental Reorganization

Act of 1973, approved December 24, 1973 (87 Stat. 790; Public

Law 93–198; D.C. Code, sec. 1–242(12)) and the Governmental

Reorganization Procedures Act of 1981, effective October 17, 1981

(D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–299.7). Appropriations

made by this Act for such programs or functions are conditioned

on the approval by the Council, prior to October 1, 1995, of the

required reorganization plans.

SEC. 129. (a) An entity of the District of Columbia government

may accept and use a gift or donation during fiscal year 1996

if—

Sequestration.
110 STAT. 1321–91 PUBLIC LAW 104–134—APR. 26, 1996

(1) the Mayor approves the acceptance and use of the

gift or donation: Provided, That the Council of the District

of Columbia may accept and use gifts without prior approval

by the Mayor; and

(2) the entity uses the gift or donation to carry out its

authorized functions or duties.

(b) Each entity of the District of Columbia government shall

keep accurate and detailed records of the acceptance and use of

any gift or donation under subsection (a) of this section, and shall

make such records available for audit and public inspection.

(c) For the purposes of this section, the term ‘‘entity of the

District of Columbia government’’ includes an independent agency

of the District of Columbia.

(d) This section shall not apply to the District of Columbia

Board of Education, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public

schools without prior approval by the Mayor.

SEC. 130. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District

of Columbia Statehood Constitutional Convention Initiatives of

1979, effective March 10, 1981 (D.C. Law 3–171; D.C. Code, sec.

1–113(d)).

PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

SEC. 131. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where

the pregnancy is the result of an act of rape or incest.

PROHIBITION ON DOMESTIC PARTNERS ACT

SEC. 132. No funds made available pursuant to any provision

of this Act shall be used to implement or enforce any system

of registration of unmarried, cohabiting couples whether they are

homosexual, lesbian, or heterosexual, including but not limited

to registration for the purpose of extending employment, health,

or governmental benefits to such couples on the same basis that

such benefits are extended to legally married couples; nor shall

any funds made available pursuant to any provision of this Act

otherwise be used to implement or enforce D.C. Act 9–188, signed

by the Mayor of the District of Columbia on April 15, 1992.

COMPENSATION FOR THE COMMISSION ON JUDICIAL DISABILITIES

AND TENURE AND FOR THE JUDICIAL NOMINATION COMMISSION

SEC. 133. Sections 431(f) and 433(b)(5) of the District of Columbia Self-Government and Governmental Reorganization Act,

approved December 24, 1973 (87 Stat. 813; Public Law 93–198;

D.C. Code, secs. 11–1524 and title 11, App. 433), are amended

to read as follows:

(a) Section 431(f) (D.C. Code, sec. 11–1524) is amended to

read as follows:

‘‘(f) Members of the Tenure Commission shall serve without

compensation for services rendered in connection with their official

duties on the Commission.’’.

Records.

Public inspection.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–92

(b) Section 433(b)(5) (title 11, App. 433) is amended to read

as follows:

‘‘(5) Members of the Commission shall serve without compensation for services rendered in connection with their official duties

on the Commission.’’.

MULTIYEAR CONTRACTS

SEC. 134. Section 451 of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved

December 24, 1973 (87 Stat. 803; Public Law 93–198; D.C. Code,

sec. 1–1130), is amended by adding a new subsection (c) to read

as follows:

‘‘(c)(1) The District may enter into multiyear contracts to obtain

goods and services for which funds would otherwise be available

for obligation only within the fiscal year for which appropriated.

‘‘(2) If the funds are not made available for the continuation

of such a contract into a subsequent fiscal year, the contract shall

be cancelled or terminated, and the cost of cancellation or termination may be paid from—

‘‘(A) appropriations originally available for the performance

of the contract concerned;

‘‘(B) appropriations currently available for procurement of

the type of acquisition covered by the contract, and not otherwise obligated; or

‘‘(C) funds appropriated for those payments.

‘‘(3) No contract entered into under this section shall be valid

unless the Mayor submits the contract to the Council for its

approval and the Council approves the contract (in accordance

with criteria established by act of the Council). The Council shall

be required to take affirmative action to approve the contract within

45 days. If no action is taken to approve the contract within 45

calendar days, the contract shall be deemed disapproved.’’.

CALCULATED REAL PROPERTY TAX RATE RESCISSION AND REAL

PROPERTY TAX FREEZE

SEC. 135. The District of Columbia Real Property Tax Revision

Act of 1974, approved September 3, 1974 (88 Stat. 1051; D.C.

Code, sec. 47–801 et seq.), is amended as follows:

(1) Section 412 (D.C. Code, sec. 47–812) is amended as

follows:

(A) Subsection (a) is amended by striking the third

and fourth sentences and inserting the following sentences

in their place: ‘‘If the Council does extend the time for

establishing the rates of taxation on real property, it must

establish those rates for the tax year by permanent legislation. If the Council does not establish the rates of taxation

of real property by October 15, and does not extend the

time for establishing rates, the rates of taxation applied

for the prior year shall be the rates of taxation applied

during the tax year.’’.

(B) A new subsection (a–2) is added to read as follows:

‘‘(a–2) Notwithstanding the provisions of subsection (a) of this

section, the real property tax rates for taxable real property in

the District of Columbia for the tax year beginning October 1,

1995, and ending September 30, 1996, shall be the same rates
110 STAT. 1321–93 PUBLIC LAW 104–134—APR. 26, 1996

in effect for the tax year beginning October 1, 1993, and ending

September 30, 1994.’’.

(2) Section 413(c) (D.C. Code, sec. 47–815(c)) is repealed.

PRISONS INDUSTRIES

SEC. 136. Title 18 U.S.C. 1761(b) is amended by striking the

period at the end and inserting the phrase ‘‘or not-for-profit

organizations.’’ in its place.

REPORTS ON REDUCTIONS

SEC. 137. Within 120 days of the effective date of this Act,

the Mayor shall submit to the Congress and the Council a report

delineating the actions taken by the executive to effect the directives

of the Council in this Act, including—

(1) negotiations with representatives of collective bargaining units to reduce employee compensation;

(2) actions to restructure existing long-term city debt;

(3) actions to apportion the spending reductions anticipated

by the directives of this Act to the executive for unallocated

reductions; and

(4) a list of any position that is backfilled including description, title, and salary of the position.

MONTHLY REPORTING REQUIREMENTS—BOARD OF EDUCATION

SEC. 138. The Board of Education shall submit to the Congress,

Mayor, and Council of the District of Columbia no later than fifteen

(15) calendar days after the end of each month a report that

sets forth—

(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections vs. budget broken out on the basis of control

center, responsibility center, agency reporting code, and object

class, and for all funds, including capital financing.

(2) a breakdown of FTE positions and staff for the most

current pay period broken out on the basis of control center,

responsibility center, and agency reporting code within each

responsibility center, for all funds, including capital funds;

(3) a list of each account for which spending is frozen

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and agency reporting code,

and for all funding sources;

(4) a list of all active contracts in excess of $10,000

annually, which contains; the name of each contractor; the

budget to which the contract is charged broken out on the

basis of control center, responsibility center, and agency reporting code; and contract identifying codes used by the D.C. Public

Schools; payments made in the last month and year-to-date,

the total amount of the contract and total payments made

for the contract and any modifications, extensions, renewals;

and specific modifications made to each contract in the last

month;

(5) all reprogramming requests and reports that are

required to be, and have been submitted to the Board of Education; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–94

(6) changes made in the last month to the organizational

structure of the D.C. Public Schools, displaying previous and

current control centers and responsibility centers, the names

of the organizational entities that have been changed, the name

of the staff member supervising each entity affected, and the

reasons for the structural change.

MONTHLY REPORTING REQUIREMENTS

UNIVERSITY OF THE DISTRICT OF COLUMBIA

SEC. 139. The University of the District of Columbia shall

submit to the Congress, Mayor, and Council of the District of

Columbia no later than fifteen (15) calendar days after the end

of each month a report that sets forth—

(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections vs. budget broken out on the basis of control

center, responsibility center, and object class, and for all funds,

including capital financing;

(2) a breakdown of FTE positions and all employees for

the most current pay period broken out on the basis of control

center, responsibility center, for all funds, including capital

funds;

(3) a list of each account for which spending is frozen

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and for all funding

sources;

(4) a list of all active contracts in excess of $10,000

annually, which contains; the name of each contractor; the

budget to which the contract is charged broken out on the

basis of control center and responsibility center, and contract

identifying codes used by the University of the District of

Columbia; payments made in the last month and year-to-date,

the total amount of the contract and total payments made

for the contract and any modifications, extensions, renewals;

and specific modifications made to each contract in the last

month;

(5) all reprogramming requests and reports that have been

made by the University of the District of Columbia within

the last month in compliance with applicable law; and

(6) changes in the last month to the organizational structure of the University of the District of Columbia, displaying

previous and current control centers and responsibility centers,

the names of the organizational entities that have been

changed, the name of the staff member supervising each entity

affected, and the reasons for the structural change.

ANNUAL REPORTING REQUIREMENTS

SEC. 140. (a) The Board of Education of the District of Columbia

and the University of the District of Columbia shall annually compile an accurate and verifiable report on the positions and employees

in the public school system and the university, respectively. The

annual report shall set forth—

(1) the number of validated schedule A positions in the

District of Columbia Public Schools and the University of the

District of Columbia for fiscal year 1995, fiscal year 1996,
110 STAT. 1321–95 PUBLIC LAW 104–134—APR. 26, 1996

and thereafter on full-time equivalent basis, including a compilation of all positions by control center, responsibility center,

funding source, position type, position title, pay plan, grade,

and annual salary; and

(2) a compilation of all employees in the District of Columbia Public Schools and the University of the District of Columbia as of the preceding December 31, verified as to its accuracy

in accordance with the functions that each employee actually

performs, by control center, responsibility center, agency reporting code, program (including funding source), activity, location

for accounting purposes, job title, grade and classification,

annual salary, and position control number.

(b) SUBMISSION.—The annual report required by subsection (a)

shall be submitted to the Congress, the Mayor, the District of

Columbia Council, the Consensus Commission, and the Authority,

not later than May 1, 1996, and each February 15 thereafter.

ANNUAL BUDGETS AND BUDGET REVISIONS

SEC. 141. (a) Not later than October 1, 1995, or within 15

calendar days after the date of the enactment of the District of

Columbia Appropriations Act, 1996, whichever occurs later, and

each succeeding year, the Board of Education and the University

of the District of Columbia shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council,

the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and

the University of the District of Columbia for such fiscal year

that is in the total amount of the approved appropriation and

that realigns budgeted data for personal services and other-thanpersonal services, respectively, with anticipated actual expenditures.

(b) The revised budget required by subsection (a) of this section

shall be submitted in the format of the budget that the Board

of Education and the University of the District of Columbia submit

to the Mayor of the District of Columbia for inclusion in the Mayor’s

budget submission to the Council of the District of Columbia pursuant to section 442 of the District of Columbia Self-Government

and Governmental Reorganization Act, Public Law 93–198, as

amended (D.C. Code, sec. 47–301).

BUDGET APPROVAL

SEC. 142. The Board of Education, the Board of Trustees of

the University of the District of Columbia, the Board of Library

Trustees, and the Board of Governors of the D.C. School of Law

shall vote on and approve their respective annual or revised budgets

before submission to the Mayor of the District of Columbia for

inclusion in the Mayor’s budget submission to the Council of the

District of Columbia in accordance with section 442 of the District

of Columbia Self-Government and Governmental Reorganization

Act, Public Law 93–198, as amended (D.C. Code, sec. 47–301),

or before submitting their respective budgets directly to the Council.

PUBLIC SCHOOL EMPLOYEE EVALUATIONS

SEC. 143. Notwithstanding any other provision of law, rule,

or regulation, the evaluation process and instruments for evaluating
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–96

District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.

POSITION VACANCIES

SEC. 144. (a) No agency, including an independent agency,

shall fill a position wholly funded by appropriations authorized

by this Act, which is vacant on October 1, 1995, or becomes vacant

between October 1, 1995, and September 30, 1996, unless the Mayor

or independent agency submits a proposed resolution of intent

to fill the vacant position to the Council. The Council shall be

required to take affirmative action on the Mayor’s resolution within

30 legislative days. If the Council does not affirmatively approve

the resolution within 30 legislative days, the resolution shall be

deemed disapproved.

(b) No reduction in the number of full-time equivalent positions

or reduction-in-force due to privatization or contracting out shall

occur if the District of Columbia Financial Responsibility and

Management Assistance Authority, established by section 101(a)

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.

97; Public Law 104–8), disallows the full-time equivalent position

reduction provided in this act in meeting the maximum ceiling

of 35,984 for the fiscal year ending September 30, 1996.

(c) This section shall not prohibit the appropriate personnel

authority from filling a vacant position with a District government

employee currently occupying a position that is funded with appropriated funds.

(d) This section shall not apply to local school-based teachers,

school-based officers, or school-based teachers’ aides; or court

personnel covered by title 11 of the D.C. Code, except chapter

23.

MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-FORCE

PROCEDURES

SEC. 145. The District of Columbia Government Comprehensive

Merit Personnel Act of 1978, (D.C. Code, sec. 1–601.1 et seq.)

is amended—

(1) in section 301 (D.C. Code, sec. 1.603.1)—

(A) by inserting after paragraph (13), the following

new paragraph:

‘‘(13A) The term ‘nonschool-based personnel’ means any

employee of the District of Columbia public schools who is

not based at a local school or who does not provide direct

services to individual students.’’; and

(B) by inserting after paragraph (15), the following

new paragraph:

‘‘(15A) The term ‘school administrators’ means principals,

assistant principals, school program directors, coordinators,

instructional supervisors, and support personnel of the District

of Columbia public schools.’’;

(2) in section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2)(L)—

(A) by striking ‘‘(L) reduction-in-force’’ and inserting

‘‘(L)(i) reduction-in-force’’; and

(B) by inserting after subparagraph (L)(i), the following

new clause:
110 STAT. 1321–97 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(ii) Notwithstanding any other provision of law, the

Board of Education shall not issue rules that require or

permit nonschool-based personnel or school administrators

to be assigned or reassigned to the same competitive level

as classroom teachers;’’; and

(3) in section 2402 (D.C. Code, sec. 1–625.2), by adding

at the end the following new subsection:

‘‘(f) Notwithstanding any other provision of law, the Board

of Education shall not require or permit nonschool-based personnel

or school administrators to be assigned or reassigned to the same

competitive level as classroom teachers.’’.

SEC. 146. (a) Notwithstanding any other provision of law, rule,

or regulation, an employee of the District of Columbia Public Schools

shall be—

(1) classified as an Educational Service employee;

(2) placed under the personnel authority of the Board of

Education; and

(3) subject to all Board of Education rules.

(b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete

with school-based personnel for retention purposes.

SEC. 147. None of the funds provided in this Act may be

used directly or indirectly for the renovation of the property located

at 227 7th Street Southeast (commonly known as Eastern Market),

except that funds provided in this Act may be used for the regular

maintenance and upkeep of the current structure and grounds

located at such property.

CAPITAL PROJECT EMPLOYEES

SEC. 148. (a) Not later than 15 days after the end of every

fiscal quarter (beginning October 1, 1995), the Mayor shall submit

to the Council of the District of Columbia, the District of Columbia

Financial Responsibility and Management Assistance Authority,

and the Committees on Appropriations of the House of Representatives and the Senate a report with respect to the employees on

the capital project budget for the previous quarter.

(b) Each report submitted pursuant to subsection (a) of this

section shall include the following information—

(1) a list of all employees by position, title, grade and

step;

(2) a job description, including the capital project for which

each employee is working;

(3) the date that each employee began working on the

capital project and the ending date that each employee completed or is projected to complete work on the capital project;

and

(4) a detailed explanation justifying why each employee

is being paid with capital funds.

MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

SEC. 149. The District of Columbia Government Comprehensive

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law

2–139; D.C. Code, sec. 1–601.1 et seq.), is amended as follows:

(a) Section 2401 (D.C. Code, sec. 1–625.1) is amended by

amending the third sentence to read as follows: ‘‘A personnel

authority may establish lesser competitive areas within an

Reports.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–98

agency on the basis of all or a clearly identifiable segment

of an agency’s mission or a division or major subdivision of

an agency.’’.

(b) A new section 2406 is added to read as follows:

‘‘SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1996.

‘‘(a) Notwithstanding any other provision of law, regulation,

or collective bargaining agreement either in effect or to be

negotiated while this legislation is in effect for the fiscal year

ending September 30, 1996, each agency head is authorized,

within the agency head’s discretion, to identify positions for

abolishment.

‘‘(b) Prior to August 1, 1996, each personnel authority

shall make a final determination that a position within the

personnel authority is to be abolished.

‘‘(c) Notwithstanding any rights or procedures established

by any other provision of this title, any District government

employee, regardless of date of hire, who encumbers a position

identified for abolishment shall be separated without competition or assignment rights, except as provided in this section.

‘‘(d) An employee affected by the abolishment of a position

pursuant to this section who, but for this section would be

entitled to compete for retention, shall be entitled to 1 round

of lateral competition pursuant to Chapter 24 of the District

of Columbia Personnel Manual, which shall be limited to positions in the employee’s competitive level.

‘‘(e) Each employee who is a bona fide resident of the

District of Columbia shall have added 5 years to his or her

creditable service for reduction-in-force purposes. For purposes

of this subsection only, a nonresident District employee who

was hired by the District government prior to January 1, 1980,

and has not had a break in service since that date, or a

former employee of the U.S. Department of Health and Human

Services at Saint Elizabeths Hospital who accepted employment

with the District government on October 1, 1987, and has

not had a break in service since that date, shall be considered

a District resident.

‘‘(f) Each employee selected for separation pursuant to this

section shall be given written notice of at least 30 days before

the effective date of his or her separation.

‘‘(g) Neither the establishment of a competitive area smaller

than an agency, nor the determination that a specific position

is to be abolished, nor separation pursuant to this section

shall be subject to review except as follows—

‘‘(1) an employee may file a complaint contesting a

determination or a separation pursuant to title XV of this

Act or section 303 of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2–38; D.C. Code, sec.

1–2543); and

‘‘(2) an employee may file with the Office of Employee

Appeals an appeal contesting that the separation procedures of subsections (d) and (f) of this section were not

properly applied.

‘‘(h) An employee separated pursuant to this section shall

be entitled to severance pay in accordance with title XI of

this Act, except that the following shall be included in computing creditable service for severance pay for employees separated

pursuant to this section—
110 STAT. 1321–99 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(1) four years for an employee who qualified for veteran’s preference under this Act, and

‘‘(2) three years for an employee who qualified for

residency preference under this Act.

‘‘(i) Separation pursuant to this section shall not affect an

employee’s rights under either the Agency Reemployment Priority

Program or the Displaced Employee Program established pursuant

to Chapter 24 of the District Personnel Manual.

‘‘(j) The Mayor shall submit to the Council a listing of all

positions to be abolished by agency and responsibility center by

March 1, 1996, or upon the delivery of termination notices to

individual employees.

‘‘(k) Notwithstanding the provisions of section 1708 or section

2402(d), the provisions of this Act shall not be deemed negotiable.

‘‘(l) A personnel authority shall cause a 30-day termination

notice to be served, no later than September 1, 1996, on any

incumbent employee remaining in any position identified to be

abolished pursuant to subsection (b) of this section’’.

OPERATING EXPENSES AND GRANTS

SEC. 150. (a) CEILING ON TOTAL OPERATING EXPENSES.—Notwithstanding any other provision of law, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 1996 under the caption ‘‘Division of Expenses’’

shall not exceed $4,994,000,000 of which $165,339,000 shall be

from intra-District funds.

(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN CEILING.—

(1) IN GENERAL.—Notwithstanding subsection (a), the

Mayor of the District of Columbia may accept, obligate, and

expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act.

(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE

AUTHORITY APPROVAL.—No such Federal, private, or other grant

may be accepted, obligated, or expended pursuant to paragraph

(1) until—

(A) the Chief Financial Officer of the District submits

to the District of Columbia Financial Responsibility and

Management Assistance Authority established by Public

Law 104–8 (109 Stat. 97) a report setting forth detailed

information regarding such grant; and

(B) the District of Columbia Financial Responsibility

and Management Assistance Authority has reviewed and

approved the acceptance, obligation, and expenditure of

such grant in accordance with review and approval procedures consistent with the provisions of Public Law 104–

8.

(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL

OR RECEIPT.—No amount may be obligated or expended from

the general fund or other funds of the District government

in anticipation of the approval or receipt of a grant under

paragraph (2)(B) or in anticipation of the approval or receipt

of a Federal, private, or other grant not subject to such paragraph.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–100

(4) MONTHLY REPORTS.—The Chief Financial Officer of the

District shall prepare a monthly report setting forth detailed

information regarding all Federal, private, and other grants

subject to this subsection. Each such report shall be submitted

to the Council of the District of Columbia, and to the Committees on Appropriations of the House of Representatives and

the Senate, not later than 15 days after the end of the month

covered by the report.

DEVELOPMENT OF PLANS REGARDING DISTRICT OF COLUMBIA

CORRECTIONS

SEC. 151. (a) PLAN FOR SHORT-TERM IMPROVEMENTS.—

(1) IN GENERAL.—Not later than July 1, 1996, the National

Institute of Corrections (acting for and on behalf of the District

of Columbia) shall enter into an agreement with a private

contractor to develop a plan for short-term improvements in

the administration of the District of Columbia Department

of Corrections (hereafter referred to as the ‘‘Department’’) and

the administration and physical plant of the Lorton Correctional

Complex (hereafter referred to as the ‘‘Complex’’) which may

be initiated during a period not to exceed 5 months.

(2) CONTENTS OF PLAN.—The plan developed under paragraph (1) shall address the following issues:

(A) The reorganization of the central office of the

Department, including the consolidation of units and the

redeployment of personnel.

(B) The establishment of a centralized inmate classification unit.

(C) The implementation of a revised classification system for sentenced inmates.

(D) The development of a projection for the number

of inmates under the authority of the Department over

a 10-year period.

(E) The improvement of Department security operations.

(F) Capital improvements.

(G) The preparation of a methodology for developing

and assessing options for the long-term status of the Complex and the Department (consistent with the requirements

for the development of plans under subsection (b)).

(H) Other appropriate miscellaneous issues.

(3) SUBMISSION OF PLAN.—Upon completing the plan under

paragraph (1) (but in no event later than September 30, 1996),

the National Institute of Corrections shall submit the plan

to the Mayor of the District of Columbia, the President, Congress, and the District of Columbia Financial Responsibility

and Management Assistance Authority.

(b) OPTIONAL PLANS FOR LONG-TERM TREATMENT OF COMPLEX.—

(1) IN GENERAL.—Not later than July 1, 1996, the National

Institute of Corrections (acting for and on behalf of the District

of Columbia) shall enter into an agreement with a private

contractor to develop a series of alternative plans regarding

the long-term status of the Complex and the future operations

of the Department, including the following:

Contracts.
110 STAT. 1321–101 PUBLIC LAW 104–134—APR. 26, 1996

(A) A separate plan under which the Complex will

be closed and inmates transferred to new facilities constructed and operated by private entities.

(B) A separate plan under which the Complex will

remain in operation under the management of the District

of Columbia subject to such modifications as the District

considers appropriate.

(C) A separate plan under which the Federal government will operate the Complex and inmates will be sentenced and treated in accordance with guidelines applicable

to Federal prisoners.

(D) A separate plan under which the Complex will

be operated under private management.

(E) Such other plans as the District of Columbia consider appropriate.

(2) REQUIREMENTS FOR PLANS.—Each of the alternative

plans developed under paragraph (1) shall meet the following

requirements:

(A) The plan shall provide for an appropriate transition

period for implementation (not to exceed 5 years) to begin

January 1, 1997.

(B) The plan shall specify the extent to which the

Department will utilize alternative and cost-effective

management methods, including the use of private management and vendors for the operation of the facilities and

activities of the Department, including (where appropriate)

the Complex.

(C) The plan shall include an implementation schedule

specifying timetables for the completion of all significant

activities, including site selection for new facilities, design,

financing, construction, recruitment and hiring of personnel, training, adoption of new policies and procedures, and

the establishment of essential administrative organizational structures to carry out the plan.

(D) In determining the bed capacity required for the

Department through 2002, the plan shall use the population projections developed under the plan under subsection (a).

(E) The plan shall identify any Federal or District

legislation which is required to be enacted, and any District

regulations, policies, or procedures which are required to

be adopted, in order for the plan to take effect.

(F) The plan shall take into account any court orders

and consent decrees in effect with respect to the Department and shall describe how the plan will enable the

District to comply with such orders and decrees.

(G) The plan shall include estimates of the operating

and capital expenses for the Department for each year

of the plan’s transition period, together with the primary

assumptions underlying such estimates.

(H) The plan shall require the Mayor of the District

of Columbia to submit a semi-annual report to the President, Congress, and the District of Columbia Financial

Responsibility and Management Assistance Authority

describing the actions taken by the District under the

plan, and in addition shall require the Mayor to regularly

report to the President, Congress, and the District of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–102

Columbia Financial Responsibility and Management Assistance Authority on all measures taken under the plan as

soon as such measures are taken.

(I) For each year for which the plan is in effect, the

plan shall be consistent with the financial plan and budget

for the District of Columbia for the year under subtitle

A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.

(3) SUBMISSION OF PLAN.—Upon completing the development of the alternative plans under paragraph (1) (but in

no event later than December 31, 1996), the National Institute

of Corrections shall submit the plan to the Mayor of the District

of Columbia, the President, Congress, and the District of Columbia Financial Responsibility and Management Assistance

Authority.

CHIEF FINANCIAL OFFICER POWERS

SEC. 152. Notwithstanding any other provision of law, for the

fiscal years ending September 30, 1996 and September 30, 1997—

(a) the heads and all personnel of the following offices,

together with all other District of Columbia executive branch

accounting, budget, and financial management personnel, shall

be appointed by, shall serve at the pleasure of, and shall

act under the direction and control of the Chief Financial

Officer:

The Office of the Treasurer.

The Controller of the District of Columbia.

The Office of the Budget.

The Office of Financial Information Services.

The Department of Finance and Revenue.

The District of Columbia Financial Responsibility and Management

Assistance Authority established pursuant to Public Law 104–8,

approved April 17, 1995, may remove such individuals from office

for cause, after consultation with the Mayor and the Chief Financial

Officer.

(b) the Chief Financial Officer shall prepare and submit

to the Mayor, for inclusion in the annual budget of the District

of Columbia under part D of title IV of the District of Columbia

Self-Government and Governmental Reorganization Act of

1993, approved December 24, 1973 (87 Stat. 774; Public Law

93–198), as amended, for fiscal years 1996, 1997 and 1998,

annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Chief Financial

Officer for the year. All such estimates shall be forwarded

by the Mayor to the Council of the District of Columbia for

its action pursuant to sections 446 and 603(c) of such Act,

without revision but subject to recommendations. Notwithstanding any other provisions of such Act, the Council may

comment or make recommendations concerning such estimates,

but shall have no authority to revise such estimates.

TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY AND

MANAGEMENT ASSISTANCE ACT

SEC. 153. (a) REQUIRING GSA TO PROVIDE SUPPORT SERVICES.—

Section 103(f) of the District of Columbia Financial Responsibility
110 STAT. 1321–103 PUBLIC LAW 104–134—APR. 26, 1996

and Management Assistance Act of 1995 is amended by striking

‘‘may provide’’ and inserting ‘‘shall promptly provide’’.

(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS FOR INDIVID- UALS WHO BECOME EMPLOYED BY THE AUTHORITY.—

(1) FORMER FEDERAL EMPLOYEES.—Subsection (e) of section

102 of such Act is amended to read as follows:

‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN OTHER RIGHTS

OF FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE AUTHORITY.—

‘‘(1) IN GENERAL.—Any Federal employee who becomes

employed by the Authority—

‘‘(A) may elect, for the purposes set forth in paragraph

(2)(A), to be treated, for so long as that individual remains

continuously employed by the Authority, as if such individual had not separated from service with the Federal

Government, subject to paragraph (3); and

‘‘(B) shall, if such employee subsequently becomes

reemployed by the Federal Government, be entitled to have

such individual’s service with the Authority treated, for

purposes of determining the appropriate leave accrual rate,

as if it had been service with the Federal Government.

‘‘(2) EFFECT OF AN ELECTION.—An election made by an

individual under the provisions of paragraph (1)(A)—

‘‘(A) shall qualify such individual for the treatment

described in such provisions for purposes of—

‘‘(i) chapter 83 or 84 of title 5, United States Code,

as appropriate (relating to retirement), including the

Thrift Savings Plan;

‘‘(ii) chapter 87 of such title (relating to life insurance); and

‘‘(iii) chapter 89 of such title (relating to health

insurance); and

‘‘(B) shall disqualify such individual, while such election remains in effect, from participating in the programs

offered by the government of the District of Columbia (if

any) corresponding to the respective programs referred to

in subparagraph (A).

‘‘(3) CONDITIONS FOR AN ELECTION TO BE EFFECTIVE.—An

election made by an individual under paragraph (1)(A) shall

be ineffective unless—

‘‘(A) it is made before such individual separates from

service with the Federal Government; and

‘‘(B) such individual’s service with the Authority commences within 3 days after so separating (not counting

any holiday observed by the government of the District

of Columbia).

‘‘(4) CONTRIBUTIONS.—If an individual makes an election

under paragraph (1)(A), the Authority shall, in accordance with

applicable provisions of law referred to in paragraph (2)(A),

be responsible for making the same deductions from pay and

the same agency contributions as would be required if it were

a Federal agency.

‘‘(5) REGULATIONS.—Any regulations necessary to carry out

this subsection shall be prescribed in consultation with the

Authority by—

‘‘(A) the Office of Personnel Management, to the extent

that any program administered by the office is involved;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–104

‘‘(B) the appropriate office or agency of the government

of the District of Columbia, to the extent that any program

administered by such office or agency is involved; and

‘‘(C) the Executive Director referred to in section 8474

of title 5, United States Code, to the extent that the Thrift

Savings Plan is involved.’’.

(2) OTHER INDIVIDUALS.—Section 102 of such Act is further

amended by adding at the end the following:

‘‘(f) FEDERAL BENEFITS FOR OTHERS.—

‘‘(1) IN GENERAL.—The Office of Personnel Management,

in conjunction with each corresponding office or agency of the

government of the District of Columbia and in consultation

with the Authority, shall prescribe regulations under which

any individual who becomes employed by the Authority (under

circumstances other than as described in subsection (e)) may

elect either—

‘‘(A) to be deemed a Federal employee for purposes

of the programs referred to in subsection (e)(2)(A) (i)–(iii);

or

‘‘(B) to participate in 1 or more of the corresponding

programs offered by the government of the District of

Columbia.

‘‘(2) EFFECT OF AN ELECTION.—An individual who elects

the option under subparagraph (A) or (B) of paragraph (1)

shall be disqualified, while such election remains in effect,

from participating in any of the programs referred to in the

other such subparagraph.

‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE OR AGENCY’.—

For purposes of paragraph (1), the term ‘corresponding office

or agency of the government of the District of Columbia’ means,

with respect to any program administered by the Office of

Personnel Management, the office or agency responsible for

administering the corresponding program (if any) offered by

the government of the District of Columbia.

‘‘(4) THRIFT SAVINGS PLAN.—To the extent that the Thrift

Savings Plan is involved, the preceding provisions of this subsection shall be applied by substituting ‘the Executive Director

referred to in section 8474 of title 5, United States Code’

for ‘the Office of Personnel Management’.’’.

(3) ‘‘Effective date; additional election for former federal

employees serving on date of enactment; election for employees

appointed during interim period.—

(A) EFFECTIVE DATE.—Not later than 6 months after

the date of enactment of this Act, there shall be prescribed

in consultation with the Authority (and take effect)—

(i) regulations to carry out the amendments made

by this subsection; and

(ii) any other regulations necessary to carry out

this subsection.

(B) ADDITIONAL ELECTION FOR FORMER FEDERAL

EMPLOYEES SERVING ON DATE OF ENACTMENT.—

(i) IN GENERAL.—Any former Federal employee

employed by the Authority on the effective date of

the regulations referred to in subparagraph (A)(i) may,

within such period as may be provided for under those

regulations, make an election similar, to the maximum

extent practicable, to the election provided for under
110 STAT. 1321–105 PUBLIC LAW 104–134—APR. 26, 1996

section 102(e) of the District of Columbia Financial

Responsibility and Management Assistance Act of

1995, as amended by this subsection. Such regulations

shall be prescribed jointly by the Office of Personnel

Management and each corresponding office or agency

of the government of the District of Columbia (in the

same manner as provided for in section 102(f) of such

Act, as so amended).

(ii) EXCEPTION.—An election under this subparagraph may not be made by any individual who—

(I) is not then participating in a retirement

system for Federal employees (disregarding Social

Security); or

(II) is then participating in any program of

the government of the District of Columbia

referred to in section 102(e)(2)(B) of such Act (as

so amended).

(C) ELECTION FOR EMPLOYEES APPOINTED DURING

INTERIM PERIOD.—

(i) FROM THE FEDERAL GOVERNMENT.—Subsection

(e) of section 102 of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995

(as last in effect before the date of enactment of this

Act) shall be deemed to have remained in effect for

purposes of any Federal employee who becomes

employed by the District of Columbia Financial

Responsibility and Management Assistance Authority

during the period beginning on such date of enactment

and ending on the day before the effective date of

the regulations prescribed to carry out subparagraph

(B).

(ii) OTHER INDIVIDUALS.—The regulations prescribed to carry out subsection (f) of section 102 of

the District of Columbia Financial Responsibility and

Management Assistance Act of 1995 (as amended by

this subsection) shall include provisions under which

an election under such subsection shall be available

to any individual who—

(I) becomes employed by the District of Columbia Financial Responsibility and Management

Assistance Authority during the period beginning

on the date of enactment of this Act and ending

on the day before the effective date of such regulations;

(II) would have been eligible to make an election under such regulations had those regulations

been in effect when such individual became so

employed; and

(III) is not then participating in any program

of the government of the District of Columbia

referred to in subsection (f)(1)(B) of such section

102 (as so amended).

(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR AUTHORITY

EMPLOYEES.—Section 104 of such Act is amended—

(1) by striking ‘‘the Authority and its members’’ and inserting ‘‘the Authority, its members, and its employees’’; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–106

(2) by striking ‘‘the District of Columbia’’ and inserting

‘‘the Authority or its members or employees or the District

of Columbia’’.

(d) PERMITTING REVIEW OF EMERGENCY LEGISLATION.—Section

203(a)(3) of such Act is amended by striking subparagraph (C).

ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE PLAINS

ACTIVITIES

SEC. 154. (a) OPERATION AND MAINTENANCE ACCOUNT.— (1) CONTENTS OF ACCOUNT.—There is hereby established

within the Water and Sewer Enterprise Fund the Operation

and Maintenance Account, consisting of all funds paid to the

District of Columbia on or after the date of the enactment

of this Act which are—

(A) attributable to waste water treatment user charges;

(B) paid by users jurisdictions for the operation and

maintenance of the Blue Plains Wastewater Treatment

Facility and related waste water treatment works; or

(C) appropriated or otherwise provided for the operation and maintenance of the Blue Plains Wastewater

Treatment Facility and related waste water treatment

works.

(2) USE OF FUNDS IN ACCOUNT.—Funds in the Operation

and Maintenance Account shall be used solely for funding the

operation and maintenance of the Blue Plains Wastewater

Treatment Facility and related waste water treatment works

and may not be obligated or expended for any other purpose,

and may be used for related debt service and capital costs

if such funds are not attributable to user charges assessed

for purposes of section 204(b)(1) of the Federal Water Pollution

Control Act.

(b) EPA GRANT ACCOUNT.— (1) CONTENTS OF ACCOUNT.—There is hereby established

within the Water and Sewer Enterprise Fund and EPA Grant

Account, consisting of all funds paid to the District of Columbia

on or after the date of the enactment of this Act which are—

(A) attributable to grants from the Environmental

Protection Agency for construction at the Blue Plains

Wastewater Treatment Facility and related waste water

treatment works; or

(B) appropriated or otherwise provided for construction

at the Blue Plains Wastewater Treatment Facility and

related waste water treatment works.

(2) USE OF FUNDS IN ACCOUNT.—Funds in the EPA Grant

Account shall be used solely for the purposes specified under

the terms of the grants and appropriations involved, and may

not be obligated or expended for any other purpose.

POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS

SEC. 155. (a) Up to 50 police officers and up to 50 Fire and

Emergency Medical Services members with less than 20 years of

departmental service who were hired before February 14, 1980,

and who retire on disability before the end of calendar year 1996

shall be excluded from the computation of the rate of disability

retirements under subsection 145(a) of the District of Columbia

Retirement Reform Act of 1979 (93 Stat. 882; D.C. Code, sec.
110 STAT. 1321–107 PUBLIC LAW 104–134—APR. 26, 1996

1–725(a)), for purposes of reducing the authorized Federal payment

to the District of Columbia Police Officers and Fire Fighters’ Retirement Fund pursuant to subsection 145(c) of the District of Columbia

Retirement Reform Act of 1979.

(b) The Mayor, within 30 days after the enactment of this

provision, shall engage an enrolled actuary, to be paid by the

District of Columbia Retirement Board, and shall comply with the

requirements of section 142(d) and section 144(d) of the District

of Columbia Retirement Reform Act of 1979 (Public Law 96–122,

approved November 17, 1979; D.C. Code, secs. 1–722(d) and 1–

724(d)).

(c) This section shall not go into effect until 15 days after

the Mayor transmits the actuarial report required by section 142(d)

of the District of Columbia Retirement Reform Act of 1979 (Public

Law 96–122, approved November 17, 1979) to the D.C. Retirement

Board, the Speaker of the House of Representatives, and the President pro tempore of the Senate.

CONVEYANCE OF CERTAIN PROPERTY TO ARCHITECT OF THE CAPITOL

SEC. 156. Pursuant to section 1(b)(2) of Public Law 98–340

and in accordance with the agreement entered into between the

Architect of the Capitol and the District of Columbia pursuant

to such Act (as executed on September 28, 1984), not later than

30 days after the date of the enactment of this Act the District

of Columbia shall convey without consideration by general warranty

deed to the Architect of the Capitol on behalf of the United States

all right, title, and interest of the District of Columbia in the

real property (including improvements and appurtenances thereon)

within the area known as ‘‘D.C. Village’’ and described in Attachment A of the agreement.

This title may be cited as the ‘‘District of Columbia Appropriations Act, 1996’’.

TITLE II—DISTRICT OF COLUMBIA SCHOOL

REFORM

SEC. 2001. SHORT TITLE.

This title may be cited as the ‘‘District of Columbia School

Reform Act of 1995’’.

SEC. 2002. DEFINITIONS.

Except as otherwise provided, for purposes of this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Appropriations of the House

of Representatives and the Committee on Appropriations

of the Senate;

(B) the Committee on Economic and Educational

Opportunities of the House of Representatives and the

Committee on Labor and Human Resources of the Senate;

and

(C) the Committee on Government Reform and Oversight of the House of Representatives and the Committee

on Governmental Affairs of the Senate.

(2) AUTHORITY.—The term ‘‘Authority’’ means the District

of Columbia Financial Responsibility and Management AssistDistrict of

Columbia School

Reform Act of

1995.

D.C. Village.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–108

ance Authority established under section 101(a) of the District

of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104–8).

(3) AVERAGE DAILY ATTENDANCE.—The term ‘‘average daily

attendance’’ means the aggregate attendance of students of

the school during the period divided by the number of days

during the period in which—

(A) the school is in session; and

(B) the students of the school are under the guidance

and direction of teachers.

(4) AVERAGE DAILY MEMBERSHIP.—The term ‘‘average daily

membership’’ means the aggregate enrollment of students of

the school during the period divided by the number of days

during the period in which—

(A) the school is in session; and

(B) the students of the school are under the guidance

and direction of teachers.

(5) BOARD OF EDUCATION.—The term ‘‘Board of Education’’

means the Board of Education of the District of Columbia.

(6) BOARD OF TRUSTEES.—The term ‘‘Board of Trustees’’

means the governing board of a public charter school, the

members of which are selected pursuant to the charter granted

to the school and in a manner consistent with this title.

(7) CONSENSUS COMMISSION.—The term ‘‘Consensus

Commission’’ means the Commission on Consensus Reform

in the District of Columbia public schools established under

subtitle H.

(8) CORE CURRICULUM.—The term ‘‘core curriculum’’ means

the concepts, factual knowledge, and skills that students in

the District of Columbia should learn in kindergarten through

grade 12 in academic content areas, including, at a minimum,

English, mathematics, science, and history.

(9) DISTRICT OF COLUMBIA COUNCIL.—The term ‘‘District

of Columbia Council’’ means the Council of the District of

Columbia established pursuant to section 401 of the District

of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1–221).

(10) DISTRICT OF COLUMBIA GOVERNMENT.—

(A) IN GENERAL.—The term ‘‘District of Columbia

Government’’ means the government of the District of

Columbia, including—

(i) any department, agency, or instrumentality of

the government of the District of Columbia;

(ii) any independent agency of the District of

Columbia established under part F of title IV of the

District of Columbia Self-Government and Governmental Reorganization Act;

(iii) any other agency, board, or commission established by the Mayor or the District of Columbia Council;

(iv) the courts of the District of Columbia;

(v) the District of Columbia Council; and

(vi) any other agency, public authority, or public

nonprofit corporation that has the authority to receive

moneys directly or indirectly from the District of

Columbia (other than moneys received from the sale
110 STAT. 1321–109 PUBLIC LAW 104–134—APR. 26, 1996

of goods, the provision of services, or the loaning of

funds to the District of Columbia).

(B) EXCEPTION.—The term ‘‘District of Columbia

Government’’ neither includes the Authority nor a public

charter school.

(11) DISTRICT OF COLUMBIA GOVERNMENT RETIREMENT SYSTEM.—The term ‘‘District of Columbia Government retirement

system’’ means the retirement programs authorized by the District of Columbia Council or the Congress for employees of

the District of Columbia Government.

(12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—

(A) IN GENERAL.—The term ‘‘District of Columbia public school’’ means a public school in the District of Columbia

that offers classes—

(i) at any of the grade levels from prekindergarten

through grade 12; or

(ii) leading to a secondary school diploma, or its

recognized equivalent.

(B) EXCEPTION.—The term ‘‘District of Columbia public

school’’ does not include a public charter school.

(13) DISTRICTWIDE ASSESSMENTS.—The term ‘‘districtwide

assessments’’ means a variety of assessment tools and strategies (including individual student assessments under subparagraph (E)(ii)) administered by the Superintendent to students

enrolled in District of Columbia public schools and public charter schools that—

(A) are aligned with the District of Columbia’s content

standards and core curriculum;

(B) provide coherent information about student attainment of such standards;

(C) are used for purposes for which such assessments

are valid, reliable, and unbiased, and are consistent with

relevant nationally recognized professional and technical

standards for such assessments;

(D) involve multiple up-to-date measures of student

performance, including measures that assess higher order

thinking skills and understanding; and

(E) provide for—

(i) the participation in such assessments of all

students;

(ii) individual student assessments for students

that fail to reach minimum acceptable levels of

performance;

(iii) the reasonable adaptations and accommodations for students with special needs (as defined in

paragraph (32)) necessary to measure the achievement

of such students relative to the District of Columbia’s

content standards; and

(iv) the inclusion of limited-English proficient students, who shall be assessed, to the extent practicable,

in the language and form most likely to yield accurate

and reliable information regarding such students’

knowledge and abilities.

(14) ELECTRONIC DATA TRANSFER SYSTEM.—The term ‘‘electronic data transfer system’’ means a computer-based process

for the maintenance and transfer of student records designed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–110

to permit the transfer of individual student records among

District of Columbia public schools and public charter schools.

(15) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’

means an institutional day or residential school that provides

elementary education, as determined under District of Columbia law.

(16) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’

means a person, including a private, public, or quasi-public

entity, or an institution of higher education (as defined in

section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.

1141(a))), that seeks to establish a public charter school in

the District of Columbia.

(17) ELIGIBLE CHARTERING AUTHORITY.—The term ‘‘eligible

chartering authority’’ means any of the following:

(A) The Board of Education.

(B) The Public Charter School Board.

(C) Any one entity designated as an eligible chartering

authority by enactment of a bill by the District of Columbia

Council after the date of the enactment of this Act.

(18) FAMILY RESOURCE CENTER.—The term ‘‘family resource

center’’ means an information desk—

(A) located in a District of Columbia public school

or a public charter school serving a majority of students

whose family income is not greater than 185 percent of

the income official poverty line (as defined by the Office

of Management and Budget, and revised annually in

accordance with section 673(2) of the Community Services

Block Grant Act applicable to a family of the size involved

(42 U.S.C. 9902(3))); and

(B) which links students and families to local resources

and public and private entities involved in child care, adult

education, health and social services, tutoring, mentoring,

and job training.

(19) INDIVIDUAL CAREER PATH.—The term ‘‘individual career

path’’ means a program of study that provides a secondary

school student the skills necessary to compete in the 21st

century workforce.

(20) LITERACY.—The term ‘‘literacy’’ means—

(A) in the case of a minor student, such student’s

ability to read, write, and speak in English, and compute

and solve problems at levels of proficiency necessary to

function in society, to achieve such student’s goals, and

develop such student’s knowledge and potential; and

(B) in the case of an adult, such adult’s ability to

read, write, and speak in English, and compute and solve

problems at levels of proficiency necessary to function on

the job and in society, to achieve such adult’s goals, and

develop such adult’s knowledge and potential.

(21) LONG-TERM REFORM PLAN.—The term ‘‘long-term

reform plan’’ means the plan submitted by the Superintendent

under section 2101.

(22) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the

District of Columbia.

(23) METROBUS AND METRORAIL TRANSIT SYSTEM.—The term

‘‘Metrobus and Metrorail Transit System’’ means the bus and

rail systems administered by the Washington Metropolitan

Area Transit Authority.
110 STAT. 1321–111 PUBLIC LAW 104–134—APR. 26, 1996

(24) MINOR STUDENT.—The term ‘‘minor student’’ means

an individual who—

(A) is enrolled in a District of Columbia public school

or a public charter school; and

(B) is not beyond the age of compulsory school attendance, as prescribed in section 1 of article I, and section

1 of article II, of the Act of February 4, 1925 (sections

31–401 and 31–402, D.C. Code).

(25) NONRESIDENT STUDENT.—The term ‘‘nonresident student’’ means—

(A) an individual under the age of 18 who is enrolled

in a District of Columbia public school or a public charter

school, and does not have a parent residing in the District

of Columbia; or

(B) an individual who is age 18 or older and is enrolled

in a District of Columbia public school or public charter

school, and does not reside in the District of Columbia.

(26) PARENT.—The term ‘‘parent’’ means a person who has

custody of a child, and who—

(A) is a natural parent of the child;

(B) is a stepparent of the child;

(C) has adopted the child; or

(D) is appointed as a guardian for the child by a

court of competent jurisdiction.

(27) PETITION.—The term ‘‘petition’’ means a written

application.

(28) PROMOTION GATE.—The term ‘‘promotion gate’’ means

the criteria, developed by the Superintendent and approved

by the Board of Education, that are used to determine student

promotion at different grade levels. Such criteria shall include

student achievement on districtwide assessments established

under subtitle C.

(29) PUBLIC CHARTER SCHOOL.—The term ‘‘public charter

school’’ means a publicly funded school in the District of Columbia that—

(A) is established pursuant to subtitle B; and

(B) except as provided under sections 2212(d)(5) and

2213(c)(5) is not a part of the District of Columbia public

schools.

(30) PUBLIC CHARTER SCHOOL BOARD.—The term ‘‘Public

Charter School Board’’ means the Public Charter School Board

established under section 2214.

(31) SECONDARY SCHOOL.—The term ‘‘secondary school’’

means an institutional day or residential school that provides

secondary education, as determined by District of Columbia

law, except that such term does not include any education

beyond grade 12.

(32) STUDENT WITH SPECIAL NEEDS.—The term ‘‘student

with special needs’’ means a student who is a child with a

disability as provided in section 602(a)(1) of the Individuals

with Disabilities Education Act (20 U.S.C. 1401(a)(1)) or a

student who is an individual with a disability as provided

in section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.

706(8)).

(33) SUPERINTENDENT.—The term ‘‘Superintendent’’ means

the Superintendent of the District of Columbia public schools.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–112

(34) TEACHER.—The term ‘‘teacher’’ means any person

employed as a teacher by the Board of Education or by a

public charter school.

SEC. 2003. GENERAL EFFECTIVE DATE.

Except as otherwise provided in this title, this title shall be

effective during the period beginning on the date of enactment

of this Act and ending 5 years after such date.

Subtitle A—District of Columbia Reform Plan

SEC. 2101. LONG-TERM REFORM PLAN.

(a) IN GENERAL.—

(1) PLAN.—The Superintendent, with the approval of the

Board of Education, shall submit to the Mayor, the District

of Columbia Council, the Authority, the Consensus Commission,

and the appropriate congressional committees, a long-term

reform plan, not later than 90 days after the date of enactment

of this Act, and each February 15 thereafter. The long-term

reform plan shall be consistent with the financial plan and

budget for the District of Columbia for fiscal year 1996, and

each financial plan and budget for a subsequent fiscal year,

as the case may be, required under section 201 of the District

of Columbia Financial Responsibility and Management Assistance Act of 1995.

(2) CONSULTATION.—

(A) IN GENERAL.—In developing the long-term reform

plan, the Superintendent—

(i) shall consult with the Board of Education, the

Mayor, the District of Columbia Council, the Authority,

and the Consensus Commission; and

(ii) shall afford the public, interested organizations,

and groups an opportunity to present their views and

make recommendations regarding the long-term reform

plan.

(B) SUMMARY OF RECOMMENDATIONS.—The Superintendent shall include in the long-term plan a summary

of the recommendations made under subparagraph (A)(ii)

and the response of the Superintendent to the recommendations.

(b) CONTENTS.—

(1) AREAS TO BE ADDRESSED.—The long-term reform plan

shall describe how the District of Columbia public schools will

become a world-class education system that prepares students

for lifetime learning in the 21st century and which is on a

par with the best education systems of other cities, States,

and nations. The long-term reform plan shall include a description of how the District of Columbia public schools will accomplish the following:

(A) Achievement at nationally and internationally

competitive levels by students attending District of Columbia public schools.

(B) The preparation of students for the workforce,

including—

(i) providing special emphasis for students planning to obtain a postsecondary education; and

(ii) the development of individual career paths.
110 STAT. 1321–113 PUBLIC LAW 104–134—APR. 26, 1996

(C) The improvement of the health and safety of students in District of Columbia public schools.

(D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public

schools.

(E) The implementation of a comprehensive and effective adult education and literacy program.

(F) The identification, beginning in grade 3, of each

student who does not meet minimum standards of academic

achievement in reading, writing, and mathematics in order

to ensure that such student meets such standards prior

to grade promotion.

(G) The achievement of literacy, and the possession

of the knowledge and skills necessary to think critically,

communicate effectively, and perform competently on

districtwide assessments, by students attending District

of Columbia public schools prior to such student’s completion of grade 8.

(H) The establishment of after-school programs that

promote self-confidence, self-discipline, self-respect, good

citizenship, and respect for leaders, through such activities

as arts classes, physical fitness programs, and community

service.

(I) Steps necessary to establish an electronic data

transfer system.

(J) Encourage parental involvement in all school activities, particularly parent teacher conferences.

(K) Development and implementation, through the

Board of Education and the Superintendent, of a uniform

dress code for the District of Columbia public schools,

that—

(i) shall include a prohibition of gang membership

symbols;

(ii) shall take into account the relative costs of

any such code for each student; and

(iii) may include a requirement that students wear

uniforms.

(L) The establishment of classes, beginning not later

than grade 3, to teach students how to use computers

effectively.

(M) The development of community schools that enable

District of Columbia public schools to collaborate with other

public and nonprofit agencies and organizations, local

businesses, recreational, cultural, and other community and

human service entities, for the purpose of meeting the

needs and expanding the opportunities available to residents of the communities served by such schools.

(N) The establishment of programs which provide counseling, mentoring (especially peer mentoring), academic

support, outreach, and supportive services to elementary,

middle, and secondary school students who are at risk

of dropping out of school.

(O) The establishment of a comprehensive remedial

education program to assist students who do not meet

basic literacy standards, or the criteria of promotion gates

established in section 2321.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–114

(P) The establishment of leadership development

projects for middle school principals, which projects shall

increase student learning and achievement and strengthen

such principals as instructional school leaders.

(Q) The implementation of a policy for performancebased evaluation of principals and teachers, after consultation with the Superintendent and unions (including unions

that represent teachers and unions that represent principals).

(R) The implementation of policies that require

competitive appointments for all District of Columbia public

school positions.

(S) The implementation of policies regarding alternative teacher certification requirements.

(T) The implementation of testing requirements for

teacher licensing renewal.

(U) A review of the District of Columbia public school

central office budget and staffing reductions for each fiscal

year compared to the level of such budget and reductions

at the end of fiscal year 1995.

(V) The implementation of the discipline policy for

the District of Columbia public schools in order to ensure

a safe, disciplined environment conducive to learning.

(2) OTHER INFORMATION.—For each of the items described

in subparagraphs (A) through (V) of paragraph (1), the longterm reform plan shall include—

(A) a statement of measurable, objective performance

goals;

(B) a description of the measures of performance to

be used in determining whether the Superintendent and

Board of Education have met the goals;

(C) dates by which the goals shall be met;

(D) plans for monitoring and reporting progress to

District of Columbia residents, the Mayor, the District of

Columbia Council, the Authority, the Consensus Commission, and the appropriate congressional committees regarding the carrying out of the long-term reform plan; and

(E) the title of the management employee of the District of Columbia public schools most directly responsible

for the achievement of each goal and, with respect to each

such employee, the title of the employee’s immediate supervisor or superior.

(c) AMENDMENTS.—The Superintendent, with the approval of

the Board of Education, shall submit any amendment to the longterm reform plan to the Mayor, the District of Columbia Council,

the Authority, the Consensus Commission, and the appropriate

congressional committees. Any amendment to the long-term reform

plan shall be consistent with the financial plan and budget for

fiscal year 1996, and each financial plan and budget for a subsequent fiscal year, as the case may be, for the District of Columbia

required under section 201 of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995.

SEC. 2102. SUPERINTENDENT’S REPORT ON REFORMS.

Not later than December 1, 1996, the Superintendent shall

submit to the appropriate congressional committees, the Board of

Education, the Mayor, the Consensus Commission, and the District
110 STAT. 1321–115 PUBLIC LAW 104–134—APR. 26, 1996

of Columbia Council a report regarding the progress of the District

of Columbia public schools toward achieving the goals of the longterm reform plan.

SEC. 2103. DISTRICT OF COLUMBIA COUNCIL REPORT.

Not later than April 1, 1997, the Chairperson of the District

of Columbia Council shall submit to the appropriate congressional

committees a report describing legislative and other actions the

District of Columbia Council has taken or will take to facilitate

the implementation of the goals of the long-term reform plan.

Subtitle B—Public Charter Schools

SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

(a) EXISTING PUBLIC SCHOOL.—An eligible applicant seeking

to convert a District of Columbia public school into a public charter

school—

(1) shall prepare a petition to establish a public charter

school that meets the requirements of section 2202;

(2) shall provide a copy of the petition to—

(A) the parents of minor students attending the existing school;

(B) adult students attending the existing school; and

(C) employees of the existing school; and

(3) shall file the petition with an eligible chartering authority for approval after the petition—

(A) is signed by two-thirds of the sum of—

(i) the total number of parents of minor students

attending the school; and

(ii) the total number of adult students attending

the school; and

(B) is endorsed by at least two-thirds of full-time teachers employed in the school.

(b) PRIVATE OR INDEPENDENT SCHOOL.—An eligible applicant

seeking to convert an existing private or independent school in

the District of Columbia into a public charter school—

(1) shall prepare a petition to establish a public charter

school that is approved by the Board of Trustees or authority

responsible for the school and that meets the requirements

of section 2202;

(2) shall provide a copy of the petition to—

(A) the parents of minor students attending the existing school;

(B) adult students attending the existing school; and

(C) employees of the existing school; and

(3) shall file the petition with an eligible chartering authority for approval after the petition—

(A) is signed by two-thirds of the sum of—

(i) the total number of parents of minor students

attending the school; and

(ii) the total number of adult students attending

the school; and

(B) is endorsed by at least two-thirds of full-time teachers employed in the school.

(c) NEW SCHOOL.—An eligible applicant seeking to establish

in the District of Columbia a public charter school, but not seeking

to convert a District of Columbia public school or a private or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–116

independent school into a public charter school, shall file with

an eligible chartering authority for approval a petition to establish

a public charter school that meets the requirements of section

2202.

SEC. 2202. CONTENTS OF PETITION.

A petition under section 2201 to establish a public charter

school shall include the following:

(1) A statement defining the mission and goals of the

proposed school and the manner in which the school will conduct any districtwide assessments.

(2) A statement of the need for the proposed school in

the geographic area of the school site.

(3) A description of the proposed instructional goals and

methods for the proposed school, which shall include, at a

minimum—

(A) the area of focus of the proposed school, such as

mathematics, science, or the arts, if the school will have

such a focus;

(B) the methods that will be used, including classroom

technology, to provide students with the knowledge, proficiency, and skills needed—

(i) to become nationally and internationally

competitive students and educated individuals in the

21st century; and

(ii) to perform competitively on any districtwide

assessments; and

(C) the methods that will be used to improve student

self-motivation, classroom instruction, and learning for all

students.

(4) A description of the scope and size of the proposed

school’s program that will enable students to successfully

achieve the goals established by the school, including the grade

levels to be served by the school and the projected and maximum enrollment of each grade level.

(5) A description of the plan for evaluating student academic achievement at the proposed school and the procedures

for remedial action that will be used by the school when the

academic achievement of a student falls below the expectations

of the school.

(6) An operating budget for the first 2 years of the proposed

school that is based on anticipated enrollment and contains—

(A) a description of the method for conducting annual

audits of the financial, administrative, and programmatic

operations of the school;

(B) either—

(i) an identification of the site where the school

will be located, including a description of any buildings

on the site and any buildings proposed to be constructed on the site; or

(ii) a timetable by which such an identification

will be made;

(C) a description of any major contracts planned, with

a value equal to or exceeding $10,000, for equipment and

services, leases, improvements, purchases of real property,

or insurance; and
110 STAT. 1321–117 PUBLIC LAW 104–134—APR. 26, 1996

(D) a timetable for commencing operations as a public

charter school.

(7) A description of the proposed rules and policies for

governance and operation of the proposed school.

(8) Copies of the proposed articles of incorporation and

bylaws of the proposed school.

(9) The names and addresses of the members of the proposed Board of Trustees and the procedures for selecting trustees.

(10) A description of the student enrollment, admission,

suspension, expulsion, and other disciplinary policies and procedures of the proposed school, and the criteria for making decisions in such areas.

(11) A description of the procedures the proposed school

plans to follow to ensure the health and safety of students,

employees, and guests of the school and to comply with

applicable health and safety laws, and all applicable civil rights

statutes and regulations of the Federal Government and the

District of Columbia.

(12) An explanation of the qualifications that will be

required of employees of the proposed school.

(13) An identification, and a description, of the individuals

and entities submitting the petition, including their names

and addresses, and the names of the organizations or corporations of which such individuals are directors or officers.

(14) A description of how parents, teachers, and other

members of the community have been involved in the design

and will continue to be involved in the implementation of

the proposed school.

(15) A description of how parents and teachers will be

provided an orientation and other training to ensure their

effective participation in the operation of the public charter

school.

(16) An assurance the proposed school will seek, obtain,

and maintain accreditation from at least one of the following:

(A) The Middle States Association of Colleges and

Schools.

(B) The Association of Independent Maryland Schools.

(C) The Southern Association of Colleges and Schools.

(D) The Virginia Association of Independent Schools.

(E) American Montessori Internationale.

(F) The American Montessori Society.

(G) The National Academy of Early Childhood Programs.

(H) Any other accrediting body deemed appropriate

by the eligible chartering authority that granted the charter

to the school.

(17) In the case that the proposed school’s educational

program includes preschool or prekindergarten, an assurance

the proposed school will be licensed as a child development

center by the District of Columbia Government not later than

the first date on which such program commences.

(18) An explanation of the relationship that will exist

between the public charter school and the school’s employees.

(19) A statement of whether the proposed school elects

to be treated as a local educational agency or a District of

Columbia public school for purposes of part B of the Individuals
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–118

With Disabilities Education Act (20 U.S.C. 1411 et seq.) and

section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794),

and notwithstanding any other provision of law the eligible

chartering authority shall not have the authority to approve

or disapprove such election.

SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER

SCHOOL PETITIONS.

(a) SCHEDULE.—An eligible chartering authority shall establish

a schedule for receiving petitions to establish a public charter

school and shall publish any such schedule in the District of Columbia Register and newspapers of general circulation.

(b) PUBLIC HEARING.—Not later than 45 days after a petition

to establish a public charter school is filed with an eligible chartering authority, the eligible chartering authority shall hold a public

hearing on the petition to gather the information that is necessary

for the eligible chartering authority to make the decision to approve

or deny the petition.

(c) NOTICE.—Not later than 10 days prior to the scheduled

date of a public hearing on a petition to establish a public charter

school, an eligible chartering authority—

(1) shall publish a notice of the hearing in the District

of Columbia Register and newspapers of general circulation;

and

(2) shall send a written notification of the hearing date

to the eligible applicant who filed the petition.

(d) APPROVAL.—Subject to subsection (i), an eligible chartering

authority may approve a petition to establish a public charter

school, if—

(1) the eligible chartering authority determines that the

petition satisfies the requirements of this subtitle;

(2) the eligible applicant who filed the petition agrees to

satisfy any condition or requirement, consistent with this subtitle and other applicable law, that is set forth in writing

by the eligible chartering authority as an amendment to the

petition; and

(3) the eligible chartering authority determines that the

public charter school has the ability to meet the educational

objectives outlined in the petition.

(e) TIMETABLE.—An eligible chartering authority shall approve

or deny a petition to establish a public charter school not later

than 45 days after the conclusion of the public hearing on the

petition.

(f) EXTENSION.—An eligible chartering authority and an eligible

applicant may agree to extend the 45-day time period referred

to in subsection (e) by a period that shall not exceed 30 days.

(g) DENIAL EXPLANATION.—If an eligible chartering authority

denies a petition or finds the petition to be incomplete, the eligible

chartering authority shall specify in writing the reasons for its

decision and indicate, when the eligible chartering authority determines appropriate, how the eligible applicant who filed the petition

may revise the petition to satisfy the requirements for approval.

(h) APPROVED PETITION.—

(1) NOTICE.—Not later than 10 days after an eligible

chartering authority approves a petition to establish a public

charter school, the eligible chartering authority shall provide

a written notice of the approval, including a copy of the
110 STAT. 1321–119 PUBLIC LAW 104–134—APR. 26, 1996

approved petition and any conditions or requirements agreed

to under subsection (d)(2), to the eligible applicant and to

the Chief Financial Officer of the District of Columbia. The

eligible chartering authority shall publish a notice of the

approval of the petition in the District of Columbia Register

and newspapers of general circulation.

(2) CHARTER.—The provisions described in paragraphs (1),

(7), (8), (11), (16), (17), and (18) of section 2202 of a petition

to establish a public charter school that are approved by an

eligible chartering authority, together with any amendments

to such provisions in the petition containing conditions or

requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the

school by the eligible chartering authority.

(i) NUMBER OF PETITIONS.—

(1) FIRST YEAR.—For academic year 1996–1997, not more

than 10 petitions to establish public charter schools may be

approved under this subtitle.

(2) SUBSEQUENT YEARS.—For academic year 1997–1998 and

each academic year thereafter each eligible chartering authority

shall not approve more than 5 petitions to establish a public

charter school under this subtitle.

(j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE CHARTERING

AUTHORITY.—No governmental entity, elected official, or employee

of the District of Columbia shall make, participate in making,

or intervene in the making of, the decision to approve or deny

a petition to establish a public charter school, except for officers

or employees of the eligible chartering authority with which the

petition is filed.

SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC

CHARTER SCHOOLS.

(a) DUTIES.—A public charter school shall comply with all of

the terms and provisions of its charter.

(b) POWERS.—A public charter school shall have the following

powers:

(1) To adopt a name and corporate seal, but only if the

name selected includes the words ‘‘public charter school’’.

(2) To acquire real property for use as the public charter

school’s facilities, from public or private sources.

(3) To receive and disburse funds for public charter school

purposes.

(4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements

to procure or purchase services, equipment, and supplies.

(5) To incur debt in reasonable anticipation of the receipt

of funds from the general fund of the District of Columbia

or the receipt of Federal or private funds.

(6) To solicit and accept any grants or gifts for public

charter school purposes, if the public charter school—

(A) does not accept any grants or gifts subject to any

condition contrary to law or contrary to its charter; and

(B) maintains for financial reporting purposes separate

accounts for grants or gifts.

(7) To be responsible for the public charter school’s operation, including preparation of a budget and personnel matters.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–120

(8) To sue and be sued in the public charter school’s own

name.

(c) PROHIBITIONS AND OTHER REQUIREMENTS.— (1) CONTRACTING AUTHORITY.—

(A) NOTICE REQUIREMENT.—Except in the case of an

emergency (as determined by the eligible chartering authority of a public charter school), with respect to any contract

proposed to be awarded by the public charter school and

having a value equal to or exceeding $10,000, the school

shall publish a notice of a request for proposals in the

District of Columbia Register and newspapers of general

circulation not less than 30 days prior to the award of

the contract.

(B) SUBMISSION TO THE AUTHORITY.—

(i) DEADLINE FOR SUBMISSION.—With respect to

any contract described in subparagraph (A) that is

awarded by a public charter school, the school shall

submit to the Authority, not later than 3 days after

the date on which the award is made, all bids for

the contract received by the school, the name of the

contractor who is awarded the contract, and the rationale for the award of the contract.

(ii) EFFECTIVE DATE OF CONTRACT.—

(I) IN GENERAL.—Subject to subclause (II), a

contract described in subparagraph (A) shall

become effective on the date that is 15 days after

the date the school makes the submission under

clause (i) with respect to the contract, or the effective date specified in the contract, whichever is

later.

(II) EXCEPTION.—A contract described in

subparagraph (A) shall be considered null and void

if the Authority determines, within 12 days of

the date the school makes the submission under

clause (i) with respect to the contract, that the

contract endangers the economic viability of the

public charter school.

(2) TUITION.—A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident

students, or for field trips or similar activities.

(3) CONTROL.—A public charter school—

(A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subtitle; and

(B) shall be exempt from District of Columbia statutes,

policies, rules, and regulations established for the District

of Columbia public schools by the Superintendent, Board

of Education, Mayor, District of Columbia Council, or

Authority, except as otherwise provided in the school’s

charter or this subtitle.

(4) HEALTH AND SAFETY.—A public charter school shall

maintain the health and safety of all students attending such

school.

(5) CIVIL RIGHTS AND IDEA.—The Age Discrimination Act

of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights

Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education

Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504
110 STAT. 1321–121 PUBLIC LAW 104–134—APR. 26, 1996

of the Rehabilitation Act of 1973 (29 U.S.C. 794), part B of

the Individuals with Disabilities Education Act (20 U.S.C. 1411

et seq.), and the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 et seq.), shall apply to a public charter school.

(6) GOVERNANCE.—A public charter school shall be governed by a Board of Trustees in a manner consistent with

the charter granted to the school and the provisions of this

subtitle.

(7) OTHER STAFF.—No employee of the District of Columbia

public schools may be required to accept employment with,

or be assigned to, a public charter school.

(8) OTHER STUDENTS.—No student enrolled in a District

of Columbia public school may be required to attend a public

charter school.

(9) TAXES OR BONDS.—A public charter school shall not

levy taxes or issue bonds.

(10) CHARTER REVISION.—A public charter school seeking

to revise its charter shall prepare a petition for approval of

the revision and file the petition with the eligible chartering

authority that granted the charter. The provisions of section

2203 shall apply to such a petition in the same manner as

such provisions apply to a petition to establish a public charter

school.

(11) ANNUAL REPORT.—

(A) IN GENERAL.—A public charter school shall submit

an annual report to the eligible chartering authority that

approved its charter. The school shall permit a member

of the public to review any such report upon request.

(B) CONTENTS.—A report submitted under subparagraph (A) shall include the following data:

(i) A report on the extent to which the school

is meeting its mission and goals as stated in the petition for the charter school.

(ii) Student performance on any districtwide

assessments.

(iii) Grade advancement for students enrolled in

the public charter school.

(iv) Graduation rates, college admission test scores,

and college admission rates, if applicable.

(v) Types and amounts of parental involvement.

(vi) Official student enrollment.

(vii) Average daily attendance.

(viii) Average daily membership.

(ix) A financial statement audited by an independent certified public accountant in accordance with

Government auditing standards for financial audits

issued by the Comptroller General of the United States.

(x) A report on school staff indicating the qualifications and responsibilities of such staff.

(xi) A list of all donors and grantors that have

contributed monetary or in-kind donations having a

value equal to or exceeding $500 during the year that

is the subject of the report.

(C) NONIDENTIFYING DATA.—Data described in clauses

(i) through (ix) of subparagraph (B) that are included in

an annual report shall not identify the individuals to whom

the data pertain.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–122

(12) CENSUS.—A public charter school shall provide to the

Board of Education student enrollment data necessary for the

Board of Education to comply with section 3 of article II of

the Act of February 4, 1925 (D.C. Code, sec. 31–404) (relating

to census of minors).

(13) COMPLAINT RESOLUTION PROCESS.—A public charter

school shall establish an informal complaint resolution process.

(14) PROGRAM OF EDUCATION.—A public charter school shall

provide a program of education which shall include one or

more of the following:

(A) Preschool.

(B) Prekindergarten.

(C) Any grade or grades from kindergarten through

grade 12.

(D) Residential education.

(E) Adult, community, continuing, and vocational education programs.

(15) NONSECTARIAN NATURE OF SCHOOLS.—A public charter

school shall be nonsectarian and shall not be affiliated with

a sectarian school or religious institution.

(16) NONPROFIT STATUS OF SCHOOL.—A public charter

school shall be organized under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.).

(17) IMMUNITY FROM CIVIL LIABILITY.—

(A) IN GENERAL.—A public charter school, and its

incorporators, Board of Trustees, officers, employees, and

volunteers, shall be immune from civil liability, both

personally and professionally, for any act or omission

within the scope of their official duties unless the act

or omission—

(i) constitutes gross negligence;

(ii) constitutes an intentional tort; or

(iii) is criminal in nature.

(B) COMMON LAW IMMUNITY PRESERVED.—Subparagraph (A) shall not be construed to abrogate any immunity

under common law of a person described in such subparagraph.

SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.

(a) BOARD OF TRUSTEES.—The members of a Board of Trustees

of a public charter school shall be elected or selected pursuant

to the charter granted to the school. Such Board of Trustees shall

have an odd number of members that does not exceed 7, of which—

(1) a majority shall be residents of the District of Columbia;

and

(2) at least 2 shall be parents of a student attending

the school.

(b) ELIGIBILITY.—An individual is eligible for election or selection to the Board of Trustees of a public charter school if the

person—

(1) is a teacher or staff member who is employed at the

school;

(2) is a parent of a student attending the school; or

(3) meets the election or selection criteria set forth in

the charter granted to the school.

(c) ELECTION OR SELECTION OF PARENTS.—In the case of the

first Board of Trustees of a public charter school to be elected
110 STAT. 1321–123 PUBLIC LAW 104–134—APR. 26, 1996

or selected after the date on which the school is granted a charter,

the election or selection of the members under subsection (a)(2)

shall occur on the earliest practicable date after classes at the

school have commenced. Until such date, any other members who

have been elected or selected shall serve as an interim Board

of Trustees. Such an interim Board of Trustees may exercise all

of the powers, and shall be subject to all of the duties, of a Board

of Trustees.

(d) FIDUCIARIES.—The Board of Trustees of a public charter

school shall be fiduciaries of the school and shall set overall policy

for the school. The Board of Trustees may make final decisions

on matters related to the operation of the school, consistent with

the charter granted to the school, this subtitle, and other applicable

law.

SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.

(a) OPEN ENROLLMENT.—Enrollment in a public charter school

shall be open to all students who are residents of the District

of Columbia and, if space is available, to nonresident students

who meet the tuition requirement in subsection (e).

(b) CRITERIA FOR ADMISSION.—A public charter school may

not limit enrollment on the basis of a student’s race, color, religion,

national origin, language spoken, intellectual or athletic ability,

measures of achievement or aptitude, or status as a student with

special needs. A public charter school may limit enrollment to

specific grade levels.

(c) RANDOM SELECTION.—If there are more applications to enroll

in a public charter school from students who are residents of the

District of Columbia than there are spaces available, students shall

be admitted using a random selection process.

(d) ADMISSION TO AN EXISTING SCHOOL.—During the 5-year

period beginning on the date that a petition, filed by an eligible

applicant seeking to convert a District of Columbia public school

or a private or independent school into a public charter school,

is approved, the school may give priority in enrollment to—

(1) students enrolled in the school at the time the petition

is granted;

(2) the siblings of students described in paragraph (1);

and

(3) in the case of the conversion of a District of Columbia

public school, students who reside within the attendance boundaries, if any, in which the school is located.

(e) NONRESIDENT STUDENTS.—Nonresident students shall pay

tuition to attend a public charter school at the applicable rate

established for District of Columbia public schools administered

by the Board of Education for the type of program in which the

student is enrolled.

(f) STUDENT WITHDRAWAL.—A student may withdraw from a

public charter school at any time and, if otherwise eligible, enroll

in a District of Columbia public school administered by the Board

of Education.

(g) EXPULSION AND SUSPENSION.—The principal of a public

charter school may expel or suspend a student from the school

based on criteria set forth in the charter granted to the school.

SEC. 2207. EMPLOYEES.

(a) EXTENDED LEAVE OF ABSENCE WITHOUT PAY.—
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–124

(1) LEAVE OF ABSENCE FROM DISTRICT OF COLUMBIA PUBLIC

SCHOOLS.—The Superintendent shall grant, upon request, an

extended leave of absence, without pay, to an employee of

the District of Columbia public schools for the purpose of

permitting the employee to accept a position at a public charter

school for a 2-year term.

(2) REQUEST FOR EXTENSION.—At the end of a 2-year term

referred to in paragraph (1), an employee granted an extended

leave of absence without pay under such paragraph may submit

a request to the Superintendent for an extension of the leave

of absence for an unlimited number of 2-year terms. The Superintendent may not unreasonably (as determined by the eligible

chartering authority) withhold approval of the request.

(3) RIGHTS UPON TERMINATION OF LEAVE.—An employee

granted an extended leave of absence without pay for the

purpose described in paragraph (1) or (2) shall have the same

rights and benefits under law upon termination of such leave

of absence as an employee of the District of Columbia public

schools who is granted an extended leave of absence without

pay for any other purpose.

(b) RETIREMENT SYSTEM.—

(1) CREDITABLE SERVICE.—An employee of a public charter

school who has received a leave of absence under subsection

(a) shall receive creditable service, as defined in section 2604

of D.C. Law 2–139, effective March 3, 1979 (D.C. Code, sec.

1–627.4) and the rules established under such section, for the

period of the employee’s employment at the public charter

school.

(2) AUTHORITY TO ESTABLISH SEPARATE SYSTEM.—A public

charter school may establish a retirement system for employees

under its authority.

(3) ELECTION OF RETIREMENT SYSTEM.—A former employee

of the District of Columbia public schools who becomes an

employee of a public charter school within 60 days after the

date the employee’s employment with the District of Columbia

public schools is terminated may, at the time the employee

commences employment with the public charter school, elect—

(A) to remain in a District of Columbia Government

retirement system and continue to receive creditable service

for the period of their employment at a public charter

school; or

(B) to transfer into a retirement system established

by the public charter school pursuant to paragraph (2).

(4) PROHIBITED EMPLOYMENT CONDITIONS.—No public charter school may require a former employee of the District of

Columbia public schools to transfer to the public charter school’s

retirement system as a condition of employment.

(5) CONTRIBUTIONS.—

(A) EMPLOYEES ELECTING NOT TO TRANSFER.—In the

case of a former employee of the District of Columbia

public schools who elects to remain in a District of Columbia Government retirement system pursuant to paragraph

(3)(A), the public charter school that employs the person

shall make the same contribution to such system on behalf

of the person as the District of Columbia would have been

required to make if the person had continued to be an

employee of the District of Columbia public schools.
110 STAT. 1321–125 PUBLIC LAW 104–134—APR. 26, 1996

(B) EMPLOYEES ELECTING TO TRANSFER.—In the case

of a former employee of the District of Columbia public

schools who elects to transfer into a retirement system

of a public charter school pursuant to paragraph (3)(B),

the applicable District of Columbia Government retirement

system from which the former employee is transferring

shall compute the employee’s contribution to that system

and transfer this amount, to the retirement system of

the public charter school.

(c) EMPLOYMENT STATUS.—Notwithstanding any other provision

of law and except as provided in this section, an employee of

a public charter school shall not be considered to be an employee

of the District of Columbia Government for any purpose.

SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

A student attending a public charter school shall be eligible

for reduced fares on the Metrobus and Metrorail Transit System

on the same terms and conditions as are applicable under section

2 of D.C. Law 2–152, effective March 9, 1979 (D.C. Code, sec.

44–216 et seq.), to a student attending a District of Columbia

public school.

SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO

PUBLIC CHARTER SCHOOLS.

The Superintendent may provide services, such as facilities

maintenance, to public charter schools. All compensation for costs

of such services shall be subject to negotiation and mutual agreement between a public charter school and the Superintendent.

SEC. 2210. APPLICATION OF LAW.

(a) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—

(1) TREATMENT AS LOCAL EDUCATIONAL AGENCY.—

(A) IN GENERAL.—For any fiscal year, a public charter

school shall be considered to be a local educational agency

for purposes of part A of title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),

and shall be eligible for assistance under such part, if

the fraction the numerator of which is the number of lowincome students enrolled in the public charter school during

the fiscal year preceding the fiscal year for which the

determination is made and the denominator of which is

the total number of students enrolled in such public charter

school for such preceding year, is equal to or greater than

the lowest fraction determined for any District of Columbia

public school receiving assistance under such part A where

the numerator is the number of low-income students

enrolled in such public school for such preceding year and

the denominator is the total number of students enrolled

in such public school for such preceding year.

(B) DEFINITION.—For the purposes of this subsection,

the term ‘‘low-income student’’ means a student from a

low-income family determined according to the measure

adopted by the District of Columbia to carry out the provisions of part A of title I of the Elementary and Secondary

Education Act of 1965 that is consistent with the measures

described in section 1113(a)(5) of such Act (20 U.S.C.

6313(a)(5)) for the fiscal year for which the determination

is made.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–126

(2) ALLOCATION FOR FISCAL YEARS 1996 THROUGH 1998.— (A) PUBLIC CHARTER SCHOOLS.—For fiscal years 1996

through 1998, each public charter school that is eligible

to receive assistance under part A of title I of the

Elementary and Secondary Education Act of 1965 shall

receive a portion of the District of Columbia’s total allocation under such part which bears the same ratio to such

total allocation as the number described in subparagraph

(C) bears to the number described in subparagraph (D).

(B) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—For fiscal

years 1996 through 1998, the District of Columbia public

schools shall receive a portion of the District of Columbia’s

total allocation under part A of title I of the Elementary

and Secondary Education Act of 1965 which bears the

same ratio to such total allocation as the total of the

numbers described in clauses (ii) and (iii) of subparagraph

(D) bears to the aggregate total described in subparagraph

(D).

(C) NUMBER OF ELIGIBLE STUDENTS ENROLLED IN THE

PUBLIC CHARTER SCHOOL.—The number described in this

subparagraph is the number of low-income students

enrolled in the public charter school during the fiscal year

preceding the fiscal year for which the determination is

made.

(D) AGGREGATE NUMBER OF ELIGIBLE STUDENTS.—The

number described in this subparagraph is the aggregate

total of the following numbers:

(i) The number of low-income students who, during

the fiscal year preceding the fiscal year for which the

determination is made, were enrolled in a public charter school.

(ii) The number of low-income students who, during the fiscal year preceding the fiscal year for which

the determination is made, were enrolled in a District

of Columbia public school selected to provide services

under part A of title I of the Elementary and Secondary

Education Act of 1965.

(iii) The number of low-income students who, during the fiscal year preceding the fiscal year for which

the determination is made—

(I) were enrolled in a private or independent

school; and

(II) resided in an attendance area of a District

of Columbia public school selected to provide services under part A of title I of the Elementary

and Secondary Education Act of 1965.

(3) ALLOCATION FOR FISCAL YEAR 1999 AND THEREAFTER.—

(A) CALCULATION BY SECRETARY.—Notwithstanding

sections 1124(a)(2), 1124A(a)(4), and 1125(d) of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal year

1999 and each fiscal year thereafter, the total allocation

under part A of title I of such Act for all local educational

agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under

such part, shall be calculated by the Secretary of Education.

In making such calculation, such Secretary shall treat all
110 STAT. 1321–127 PUBLIC LAW 104–134—APR. 26, 1996

such local educational agencies as if such agencies were

a single local educational agency for the District of

Columbia.

(B) ALLOCATION.—

(i) PUBLIC CHARTER SCHOOLS.—For fiscal year 1999

and each fiscal year thereafter, each public charter

school that is eligible to receive assistance under part

A of title I of the Elementary and Secondary Education

Act of 1965 shall receive a portion of the total allocation

calculated under subparagraph (A) which bears the

same ratio to such total allocation as the number

described in paragraph (2)(C) bears to the aggregate

total described in paragraph (2)(D).

(ii) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—For

fiscal year 1999 and each fiscal year thereafter, the

District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total

allocation as the total of the numbers described in

clauses (ii) and (iii) of paragraph (2)(D) bears to the

aggregate total described in paragraph (2)(D).

(4) USE OF ESEA FUNDS.—The Board of Education may

not direct a public charter school in the school’s use of funds

under part A of title I of the Elementary and Secondary Education Act of 1965.

(5) ESEA REQUIREMENTS.—Except as provided in paragraph (6), a public charter school receiving funds under part

A of title I of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6301 et seq.) shall comply with all requirements applicable to schools receiving such funds.

(6) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—The following provisions of the Elementary and Secondary Education

Act of 1965 shall not apply to a public charter school:

(A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C.

6312(b)).

(B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F),

(1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).

(C) Section 1113 (20 U.S.C. 6313).

(D) Section 1115A (20 U.S.C. 6316).

(E) Subsections (a), (b), and (c) of section 1116 (20

U.S.C. 6317).

(F) Subsections (d) and (e) of section 1118 (20 U.S.C.

6319).

(G) Section 1120 (20 U.S.C. 6321).

(H) Subsections (a) and (c) of section 1120A (20 U.S.C.

6322).

(I) Section 1126 (20 U.S.C. 6337).

(b) PROPERTY AND SALES TAXES.—A public charter school shall

be exempt from District of Columbia property and sales taxes.

(c) EDUCATION OF CHILDREN WITH DISABILITIES.—Notwithstanding any other provision of this title, each public charter school

shall elect to be treated as a local educational agency or a District

of Columbia public school for the purpose of part B of the Individuals

With Disabilities Education Act (20 U.S.C. 1411 et seq.) and section

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–128

SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES.

(a) OVERSIGHT.— (1) IN GENERAL.—An eligible chartering authority—

(A) shall monitor the operations of each public charter

school to which the eligible chartering authority has

granted a charter;

(B) shall ensure that each such school complies with

applicable laws and the provisions of the charter granted

to such school; and

(C) shall monitor the progress of each such school

in meeting student academic achievement expectations

specified in the charter granted to such school.

(2) PRODUCTION OF BOOKS AND RECORDS.—An eligible

chartering authority may require a public charter school to

which the eligible chartering authority has granted a charter

to produce any book, record, paper, or document, if the eligible

chartering authority determines that such production is necessary for the eligible chartering authority to carry out its

functions under this subtitle.

(b) FEES.—

(1) APPLICATION FEE.—An eligible chartering authority may

charge an eligible applicant a fee, not to exceed $150, for

processing a petition to establish a public charter school.

(2) ADMINISTRATION FEE.—In the case of an eligible chartering authority that has granted a charter to a public charter

school, the eligible chartering authority may charge the school

a fee, not to exceed one-half of one percent of the annual

budget of the school, to cover the cost of undertaking the

ongoing administrative responsibilities of the eligible chartering

authority with respect to the school that are described in this

subtitle. The school shall pay the fee to the eligible chartering

authority not later than November 15 of each year.

(c) IMMUNITY FROM CIVIL LIABILITY.—

(1) IN GENERAL.—An eligible chartering authority, the

Board of Trustees of such an eligible chartering authority,

and a director, officer, employee, or volunteer of such an eligible

chartering authority, shall be immune from civil liability, both

personally and professionally, for any act or omission within

the scope of their official duties unless the act or omission—

(A) constitutes gross negligence;

(B) constitutes an intentional tort; or

(C) is criminal in nature.

(2) COMMON LAW IMMUNITY PRESERVED.—Paragraph (1)

shall not be construed to abrogate any immunity under common

law of a person described in such paragraph.

(d) ANNUAL REPORT.—On or before July 30 of each year, each

eligible chartering authority that issues a charter under this subtitle

shall submit a report to the Mayor, the District of Columbia Council,

the Board of Education, the Secretary of Education, the appropriate

congressional committees, and the Consensus Commission that

includes the following information:

(1) A list of the members of the eligible chartering authority

and the addresses of such members.

(2) A list of the dates and places of each meeting of the

eligible chartering authority during the year preceding the

report.
110 STAT. 1321–129 PUBLIC LAW 104–134—APR. 26, 1996

(3) The number of petitions received by the eligible chartering authority for the conversion of a District of Columbia public

school or a private or independent school to a public charter

school, and for the creation of a new school as a public charter

school.

(4) The number of petitions described in paragraph (3)

that were approved and the number that were denied, as well

as a summary of the reasons for which such petitions were

denied.

(5) A description of any new charters issued by the eligible

chartering authority during the year preceding the report.

(6) A description of any charters renewed by the eligible

chartering authority during the year preceding the report.

(7) A description of any charters revoked by the eligible

chartering authority during the year preceding the report.

(8) A description of any charters refused renewal by the

eligible chartering authority during the year preceding the

report.

(9) Any recommendations the eligible chartering authority

has concerning ways to improve the administration of public

charter schools.

SEC. 2212. CHARTER RENEWAL.

(a) TERM.—A charter granted to a public charter school shall

remain in force for a 5-year period, but may be renewed for an

unlimited number of times, each time for a 5-year period.

(b) APPLICATION FOR CHARTER RENEWAL.—In the case of a

public charter school that desires to renew its charter, the Board

of Trustees of the school shall file an application to renew the

charter with the eligible chartering authority that granted the

charter not later than 120 days nor earlier than 365 days before

the expiration of the charter. The application shall contain the

following:

(1) A report on the progress of the public charter school

in achieving the goals, student academic achievement expectations, and other terms of the approved charter.

(2) All audited financial statements for the public charter

school for the preceding 4 years.

(c) APPROVAL OF CHARTER RENEWAL APPLICATION.—The eligible

chartering authority that granted a charter shall approve an

application to renew the charter that is filed in accordance with

subsection (b), except that the eligible chartering authority shall

not approve such application if the eligible chartering authority

determines that—

(1) the school committed a material violation of applicable

laws or a material violation of the conditions, terms, standards,

or procedures set forth in its charter, including violations relating to the education of children with disabilities; or

(2) the school failed to meet the goals and student academic

achievement expectations set forth in its charter.

(d) PROCEDURES FOR CONSIDERATION OF CHARTER RENEWAL.—

(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering

authority that has received an application to renew a charter

that is filed by a Board of Trustees in accordance with subsection (b) shall provide to the Board of Trustees written notice

of the right to an informal hearing on the application. The

eligible chartering authority shall provide the notice not later
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–130

than 15 days after the date on which the eligible chartering

authority received the application.

(2) REQUEST FOR HEARING.—Not later than 15 days after

the date on which a Board of Trustees receives a notice under

paragraph (1), the Board of Trustees may request, in writing,

an informal hearing on the application before the eligible

chartering authority.

(3) DATE AND TIME OF HEARING.—

(A) NOTICE.—Upon receiving a timely written request

for a hearing under paragraph (2), an eligible chartering

authority shall set a date and time for the hearing and

shall provide reasonable notice of the date and time, as

well as the procedures to be followed at the hearing, to

the Board of Trustees.

(B) DEADLINE.—An informal hearing under this subsection shall take place not later than 30 days after an

eligible chartering authority receives a timely written

request for the hearing under paragraph (2).

(4) FINAL DECISION.—

(A) DEADLINE.—An eligible chartering authority shall

render a final decision, in writing, on an application to

renew a charter—

(i) not later than 30 days after the date on which

the eligible chartering authority provided the written

notice of the right to a hearing, in the case of an

application with respect to which such a hearing is

not held; and

(ii) not later than 30 days after the date on which

the hearing is concluded, in the case of an application

with respect to which a hearing is held.

(B) REASONS FOR NONRENEWAL.—An eligible chartering

authority that denies an application to renew a charter

shall state in its decision the reasons for denial.

(5) ALTERNATIVES UPON NONRENEWAL.—If an eligible

chartering authority denies an application to renew a charter

granted to a public charter school, the Board of Education

may—

(A) manage the school directly until alternative

arrangements can be made for students at the school; or

(B) place the school in a probationary status that

requires the school to take remedial actions, to be determined by the Board of Education, that directly relate to

the grounds for the denial.

(6) JUDICIAL REVIEW.—

(A) AVAILABILITY OF REVIEW.—A decision by an eligible

chartering authority to deny an application to renew a

charter shall be subject to judicial review by an appropriate

court of the District of Columbia.

(B) STANDARD OF REVIEW.—A decision by an eligible

chartering authority to deny an application to renew a

charter shall be upheld unless the decision is arbitrary

and capricious or clearly erroneous.

SEC. 2213. CHARTER REVOCATION.

(a) CHARTER OR LAW VIOLATIONS.—An eligible chartering

authority that has granted a charter to a public charter school

may revoke the charter if the eligible chartering authority deter-
110 STAT. 1321–131 PUBLIC LAW 104–134—APR. 26, 1996

mines that the school has committed a violation of applicable laws

or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the

education of children with disabilities.

(b) FISCAL MISMANAGEMENT.—An eligible chartering authority

that has granted a charter to a public charter school shall revoke

the charter if the eligible chartering authority determines that

the school—

(1) has engaged in a pattern of nonadherence to generally

accepted accounting principles;

(2) has engaged in a pattern of fiscal mismanagement;

or

(3) is no longer economically viable.

(c) PROCEDURES FOR CONSIDERATION OF REVOCATION.—

(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering

authority that is proposing to revoke a charter granted to

a public charter school shall provide to the Board of Trustees

of the school a written notice stating the reasons for the proposed revocation. The notice shall inform the Board of Trustees

of the right of the Board of Trustees to an informal hearing

on the proposed revocation.

(2) REQUEST FOR HEARING.—Not later than 15 days after

the date on which a Board of Trustees receives a notice under

paragraph (1), the Board of Trustees may request, in writing,

an informal hearing on the proposed revocation before the

eligible chartering authority.

(3) DATE AND TIME OF HEARING.—

(A) NOTICE.—Upon receiving a timely written request

for a hearing under paragraph (2), an eligible chartering

authority shall set a date and time for the hearing and

shall provide reasonable notice of the date and time, as

well as the procedures to be followed at the hearing, to

the Board of Trustees.

(B) DEADLINE.—An informal hearing under this subsection shall take place not later than 30 days after an

eligible chartering authority receives a timely written

request for the hearing under paragraph (2).

(4) FINAL DECISION.—

(A) DEADLINE.—An eligible chartering authority shall

render a final decision, in writing, on the revocation of

a charter—

(i) not later than 30 days after the date on which

the eligible chartering authority provided the written

notice of the right to a hearing, in the case of a proposed revocation with respect to which such a hearing

is not held; and

(ii) not later than 30 days after the date on which

the hearing is concluded, in the case of a proposed

revocation with respect to which a hearing is held.

(B) REASONS FOR REVOCATION.—An eligible chartering

authority that revokes a charter shall state in its decision

the reasons for the revocation.

(5) ALTERNATIVES UPON REVOCATION.—If an eligible

chartering authority revokes a charter granted to a public

charter school, the Board of Education may manage the school

directly until alternative arrangements can be made for students at the school.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–132

(6) JUDICIAL REVIEW.—

(A) AVAILABILITY OF REVIEW.—A decision by an eligible

chartering authority to revoke a charter shall be subject

to judicial review by an appropriate court of the District

of Columbia.

(B) STANDARD OF REVIEW.—A decision by an eligible

chartering authority to revoke a charter shall be upheld

unless the decision is arbitrary and capricious or clearly

erroneous.

SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There is established within the District

of Columbia Government a Public Charter School Board (in

this section referred to as the ‘‘Board’’).

(2) MEMBERSHIP.—The Secretary of Education shall present

the Mayor a list of 15 individuals the Secretary determines

are qualified to serve on the Board. The Mayor, in consultation

with the District of Columbia Council, shall appoint 7 individuals from the list to serve on the Board. The Secretary of

Education shall recommend, and the Mayor shall appoint, members to serve on the Board so that a knowledge of each of

the following areas is represented on the Board:

(A) Research about and experience in student learning,

quality teaching, and evaluation of and accountability in

successful schools.

(B) The operation of a financially sound enterprise,

including leadership and management techniques, as well

as the budgeting and accounting skills critical to the

startup of a successful enterprise.

(C) The educational, social, and economic development

needs of the District of Columbia.

(D) The needs and interests of students and parents

in the District of Columbia, as well as methods of involving

parents and other members of the community in individual

schools.

(3) VACANCIES.—Any time there is a vacancy in the membership of the Board, the Secretary of Education shall present

the Mayor a list of 3 individuals the Secretary determines

are qualified to serve on the Board. The Mayor, in consultation

with the District of Columbia Council, shall appoint 1 individual

from the list to serve on the Board. The Secretary shall recommend and the Mayor shall appoint, such member of the

Board taking into consideration the criteria described in paragraph (2). Any member appointed to fill a vacancy occurring

prior to the expiration of the term of a predecessor shall be

appointed only for the remainder of the term.

(4) TIME LIMIT FOR APPOINTMENTS.—If, at any time, the

Mayor does not appoint members to the Board sufficient to

bring the Board’s membership to 7 within 30 days of receiving

a recommendation from the Secretary of Education under paragraph (2) or (3), the Secretary shall make such appointments

as are necessary to bring the membership of the Board to

7.

(5) TERMS OF MEMBERS.—
110 STAT. 1321–133 PUBLIC LAW 104–134—APR. 26, 1996

(A) IN GENERAL.—Members of the Board shall serve

for terms of 4 years, except that, of the initial appointments

made under paragraph (2), the Mayor shall designate—

(i) 2 members to serve terms of 3 years;

(ii) 2 members to serve terms of 2 years; and

(iii) 1 member to serve a term of 1 year.

(B) REAPPOINTMENT.—Members of the Board shall be

eligible to be reappointed for one 4-year term beyond their

initial term of appointment.

(6) INDEPENDENCE.—No person employed by the District

of Columbia public schools or a public charter school shall

be eligible to be a member of the Board or to be employed

by the Board.

(b) OPERATIONS OF THE BOARD.—

(1) CHAIR.—The members of the Board shall elect from

among their membership 1 individual to serve as Chair. Such

election shall be held each year after members of the Board

have been appointed to fill any vacancies caused by the regular

expiration of previous members’ terms, or when requested by

a majority vote of the members of the Board.

(2) QUORUM.—A majority of the members of the Board,

not including any positions that may be vacant, shall constitute

a quorum sufficient for conducting the business of the Board.

(3) MEETINGS.—The Board shall meet at the call of the

Chair, subject to the hearing requirements of sections 2203,

2212(d)(3), and 2213(c)(3).

(c) NO COMPENSATION FOR SERVICE.—Members of the Board

shall serve without pay, but may receive reimbursement for any

reasonable and necessary expenses incurred by reason of service

on the Board.

(d) PERSONNEL AND RESOURCES.—

(1) IN GENERAL.—Subject to such rules as may be made

by the Board, the Chair shall have the power to appoint,

terminate, and fix the pay of an Executive Director and such

other personnel of the Board as the Chair considers necessary,

but no individual so appointed shall be paid in excess of the

rate payable for level EG–16 of the Educational Service of

the District of Columbia.

(2) SPECIAL RULE.—The Board is authorized to use the

services, personnel, and facilities of the District of Columbia.

(e) EXPENSES OF BOARD.—Any expenses of the Board shall

be paid from such funds as may be available to the Mayor: Provided,

That within 45 days of the enactment of this Act the Mayor shall

make available not less than $130,000 to the Board.

(f) AUDIT.—The Board shall provide for an audit of the financial

statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial

audits issued by the Comptroller General of the United States.

(g) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out the provisions of this section and conducting the

Board’s functions required by this subtitle, there are authorized

to be appropriated $300,000 for fiscal year 1997 and such sums

as may be necessary for each of the 3 succeeding fiscal years.

SEC. 2215. FEDERAL ENTITIES.

(a) IN GENERAL.—The following Federal agencies and federally

established entities are encouraged to explore whether it is feasible
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–134

for the agency or entity to establish one or more public charter

schools:

(1) The Library of Congress.

(2) The National Aeronautics and Space Administration.

(3) The Drug Enforcement Administration.

(4) The National Science Foundation.

(5) The Department of Justice.

(6) The Department of Defense.

(7) The Department of Education.

(8) The Smithsonian Institution, including the National

Zoological Park, the National Museum of American History,

the John F. Kennedy Center for the Performing Arts, and

the National Gallery of Art.

(b) REPORT.—Not later than 120 days after date of enactment

of this Act, any agency or institution described in subsection (a)

that has explored the feasibility of establishing a public charter

school shall report its determination on the feasibility to the appropriate congressional committees.

Subtitle C—World Class Schools Task Force, Core

Curriculum, Content Standards, Assessments,

and Promotion Gates

PART 1—WORLD CLASS SCHOOLS TASK FORCE, CORE

CURRICULUM, CONTENT STANDARDS, AND ASSESSMENTS

SEC. 2311. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.

(a) GRANT AUTHORIZED.—

(1) IN GENERAL.—The Superintendent is authorized to

award a grant to a World Class Schools Task Force to enable

such task force to make the recommendation described in subsection (b).

(2) DEFINITION.—For the purpose of this subtitle, the term

‘‘World Class Schools Task Force’’ means 1 nonprofit organization located in the District of Columbia that—

(A) has a national reputation for advocating content

standards;

(B) has a national reputation for advocating a strong

liberal arts curriculum;

(C) has experience with at least 4 urban school districts

for the purpose of establishing content standards;

(D) has developed and managed professional development programs in science, mathematics, the humanities

and the arts; and

(E) is governed by an independent board of directors

composed of citizens with a variety of experiences in education and public policy.

(b) RECOMMENDATION REQUIRED.—

(1) IN GENERAL.—The World Class Schools Task Force shall

recommend to the Superintendent, the Board of Education,

and the District of Columbia Goals Panel the following:

(A) Content standards in the core academic subjects

that are developed by working with the District of Columbia

community, which standards shall be developed not later

than 12 months after the date of enactment of this Act.
110 STAT. 1321–135 PUBLIC LAW 104–134—APR. 26, 1996

(B) A core curriculum developed by working with the

District of Columbia community, which curriculum shall

include the teaching of computer skills.

(C) Districtwide assessments for measuring student

achievement in accordance with content standards developed under subparagraph (A). Such assessments shall be

developed at several grade levels, including at a minimum,

the grade levels with respect to which the Superintendent

establishes promotion gates under section 2321. To the

extent feasible, such assessments shall, at a minimum,

be designed to provide information that permits comparisons between—

(i) individual District of Columbia public schools

and public charter schools; and

(ii) individual students attending such schools.

(D) Model professional development programs for

teachers using the standards and curriculum developed

under subparagraphs (A) and (B).

(2) SPECIAL RULE.—The World Class Schools Task Force

is encouraged, to the extent practicable, to develop districtwide

assessments described in paragraph (1)(C) that permit comparisons among—

(A) individual District of Columbia public schools and

public charter schools, and individual students attending

such schools; and

(B) students of other nations.

(c) CONTENT.—The content standards and assessments recommended under subsection (b) shall be judged by the World Class

Schools Task Force to be world class, including having a level

of quality and rigor, or being analogous to content standards and

assessments of other States or nations (including nations whose

students historically score high on international studies of student

achievement).

(d) SUBMISSION TO BOARD OF EDUCATION FOR ADOPTION.—If

the content standards, curriculum, assessments, and programs recommended under subsection (b) are approved by the Superintendent, the Superintendent may submit such content standards,

curriculum, assessments, and programs to the Board of Education

for adoption.

SEC. 2312. CONSULTATION.

The World Class Schools Task Force shall conduct its duties

under this part in consultation with—

(1) the District of Columbia Goals Panel;

(2) officials of the District of Columbia public schools who

have been identified by the Superintendent as having responsibilities relevant to this part, including the Deputy Superintendent for Curriculum;

(3) the District of Columbia community, with particular

attention given to educators, and parent and business organizations; and

(4) any other persons or groups that the task force deems

appropriate.

SEC. 2313. ADMINISTRATIVE PROVISIONS.

The World Class Schools Task Force shall ensure public access

to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) that
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–136

are relevant to its duties under this part and shall make available

to the public, at reasonable cost, transcripts of such proceedings.

SEC. 2314. CONSULTANTS.

Upon the request of the World Class Schools Task Force, the

head of any department or agency of the Federal Government

may detail any of the personnel of such agency to such task force

to assist such task force in carrying out such task force’s duties

under this part.

SEC. 2315. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $2,000,000 for fiscal

year 1997 to carry out this part. Such funds shall remain available

until expended.

PART 2—PROMOTION GATES

SEC. 2321. PROMOTION GATES.

(a) KINDERGARTEN THROUGH 4TH GRADE.—Not later than one

year after the date of adoption in accordance with section 2311(d)

of the assessments described in section 2311(b)(1)(C), the Superintendent shall establish and implement promotion gates for mathematics, reading, and writing, for not less than one grade level

from kindergarten through grade 4, including at least grade 4,

and shall establish dates for establishing such other promotion

gates for other subject areas.

(b) 5TH THROUGH 8TH GRADES.—Not later than one year after

the adoption in accordance with section 2311(d) of the assessments

described in section 2311(b)(1)(C), the Superintendent shall establish and implement promotion gates with respect to not less than

one grade level from grade 5 through grade 8, including at least

grade 8.

(c) 9TH THROUGH 12TH GRADES.—Not later than one year after

the adoption in accordance with section 2311(d) of the assessments

described in section 2311(b)(1)(C), the Superintendent shall establish and implement promotion gates with respect to not less than

one grade level from grade 9 through grade 12, including at least

grade 12.

Subtitle D—Per Capita District of Columbia

Public School and Public Charter School Funding

SEC. 2401. ANNUAL BUDGETS FOR SCHOOLS.

(a) IN GENERAL.—For fiscal year 1997 and for each subsequent

fiscal year, the Mayor shall make annual payments from the general

fund of the District of Columbia in accordance with the formula

established under subsection (b).

(b) FORMULA.—

(1) IN GENERAL.—The Mayor and the District of Columbia

Council, in consultation with the Board of Education and the

Superintendent, shall establish not later than 90 days after

enactment of this Act, a formula to determine the amount

of—

(A) the annual payment to the Board of Education

for the operating expenses of the District of Columbia public

schools, which for purposes of this paragraph includes the
110 STAT. 1321–137 PUBLIC LAW 104–134—APR. 26, 1996

operating expenses of the Board of Education and the Office

of the Superintendent; and

(B) the annual payment to each public charter school

for the operating expenses of each public charter school.

(2) FORMULA CALCULATION.—Except as provided in paragraph (3), the amount of the annual payment under paragraph

(1) shall be calculated by multiplying a uniform dollar amount

used in the formula established under such paragraph by—

(A) the number of students calculated under section

2402 that are enrolled at District of Columbia public

schools, in the case of the payment under paragraph (1)(A);

or

(B) the number of students calculated under section

2402 that are enrolled at each public charter school, in

the case of a payment under paragraph (1)(B).

(3) EXCEPTIONS.—

(A) FORMULA.—Notwithstanding paragraph (2), the

Mayor and the District of Columbia Council, in consultation

with the Board of Education and the Superintendent, may

adjust the formula to increase or decrease the amount

of the annual payment to the District of Columbia public

schools or each public charter school based on a calculation

of—

(i) the number of students served by such schools

in certain grade levels; and

(ii) the cost of educating students at such certain

grade levels.

(B) PAYMENT.—Notwithstanding paragraph (2), the

Mayor and the District of Columbia Council, in consultation

with the Board of Education and the Superintendent, may

adjust the amount of the annual payment under paragraph

(1) to increase the amount of such payment if a District

of Columbia public school or a public charter school serves

a high number of students—

(i) with special needs; or

(ii) who do not meet minimum literacy standards.

SEC. 2402. CALCULATION OF NUMBER OF STUDENTS.

(a) SCHOOL REPORTING REQUIREMENT.—

(1) IN GENERAL.—Not later than September 15, 1996, and

not later than September 15 of each year thereafter, each

District of Columbia public school and public charter school

shall submit a report to the Mayor and the Board of Education

containing the information described in subsection (b) that is

applicable to such school.

(2) SPECIAL RULE.—Not later than April 1, 1997, and not

later than April 1 of each year thereafter, each public charter

school shall submit a report in the same form and manner

as described in paragraph (1) to ensure accurate payment under

section 2403(a)(2)(B)(ii).

(b) CALCULATION OF NUMBER OF STUDENTS.—Not later than

30 days after the date of the enactment of this Act, and not

later than October 15 of each year thereafter, the Board of Education shall calculate the following:

(1) The number of students, including nonresident students

and students with special needs, enrolled in each grade from

kindergarten through grade 12 of the District of Columbia
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–138

public schools and in public charter schools, and the number

of students whose tuition for enrollment in other schools is

paid for with funds available to the District of Columbia public

schools.

(2) The amount of fees and tuition assessed and collected

from the nonresident students described in paragraph (1).

(3) The number of students, including nonresident students,

enrolled in preschool and prekindergarten in the District of

Columbia public schools and in public charter schools.

(4) The amount of fees and tuition assessed and collected

from the nonresident students described in paragraph (3).

(5) The number of full time equivalent adult students

enrolled in adult, community, continuing, and vocational education programs in the District of Columbia public schools

and in public charter schools.

(6) The amount of fees and tuition assessed and collected

from resident and nonresident adult students described in paragraph (5).

(7) The number of students, including nonresident students,

enrolled in nongrade level programs in District of Columbia

public schools and in public charter schools.

(8) The amount of fees and tuition assessed and collected

from nonresident students described in paragraph (7).

(c) ANNUAL REPORTS.—Not later than 30 days after the date

of the enactment of this Act, and not later than October 15 of

each year thereafter, the Board of Education shall prepare and

submit to the Authority, the Mayor, the District of Columbia Council, the Consensus Commission, the Comptroller General of the

United States, and the appropriate congressional committees a

report containing a summary of the most recent calculations made

under subsection (b).

(d) AUDIT OF INITIAL CALCULATIONS.—

(1) IN GENERAL.—The Board of Education shall arrange

with the Authority to provide for the conduct of an independent

audit of the initial calculations described in subsection (b).

(2) CONDUCT OF AUDIT.—In conducting the audit, the

independent auditor—

(A) shall provide an opinion as to the accuracy of

the information contained in the report described in subsection (c); and

(B) shall identify any material weaknesses in the systems, procedures, or methodology used by the Board of

Education—

(i) in determining the number of students, including nonresident students, enrolled in the District of

Columbia public schools and in public charter schools,

and the number of students whose tuition for enrollment in other school systems is paid for by funds

available to the District of Columbia public schools;

and

(ii) in assessing and collecting fees and tuition

from nonresident students.

(3) SUBMISSION OF AUDIT.—Not later than 45 days, or as

soon thereafter as is practicable, after the date on which the

Authority receives the initial annual report from the Board

of Education under subsection (c), the Authority shall submit

to the Board of Education, the Mayor, the District of Columbia
110 STAT. 1321–139 PUBLIC LAW 104–134—APR. 26, 1996

Council, and the appropriate congressional committees, the

audit conducted under this subsection.

(4) COST OF THE AUDIT.—The Board of Education shall

reimburse the Authority for the cost of the independent audit,

solely from amounts appropriated to the Board of Education

for staff, stipends, and other-than-personal-services of the

Board of Education by an Act making appropriations for the

District of Columbia.

SEC. 2403. PAYMENTS.

(a) IN GENERAL.—

(1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—Except as provided in subsection (b), for any fiscal year, not later than

10 days after the date of enactment of an Act making appropriations for the District of Columbia for such fiscal year, the

Mayor shall place in escrow an amount equal to the aggregate

of the amounts determined under section 2401(b)(1)(B) for use

only by District of Columbia public charter schools.

(2) TRANSFER OF ESCROW FUNDS.—

(A) INITIAL PAYMENT.—Not later than October 15, 1996,

and not later than October 15 of each year thereafter,

the Mayor shall transfer, by electronic funds transfer, an

amount equal to 75 percent of the amount of the annual

payment for each public charter school determined by using

the formula established pursuant to section 2401(b) to a

bank designated by such school.

(B) FINAL PAYMENT.—

(i) Except as provided in clause (ii), not later than

May 1, 1997, and not later than May 1 of each year

thereafter, the Mayor shall transfer the remainder of

the annual payment for a public charter school in

the same manner as the initial payment was made

under subparagraph (A).

(ii) Not later than March 15, 1997, and not later

than March 15 of each year thereafter, if the enrollment number of a public charter school has changed

from the number reported to the Mayor and the Board

of Education, as required under section 2402(a), the

Mayor shall increase the payment in an amount equal

to 50 percent of the amount provided for each student

who has enrolled in such school in excess of such

enrollment number, or shall reduce the payment in

an amount equal to 50 percent of the amount provided

for each student who has withdrawn or dropped out

of such school below such enrollment number.

(C) PRO RATA REDUCTION OR INCREASE IN PAYMENTS.—

(i) PRO RATA REDUCTION.—If the funds made available to the District of Columbia Government for the

District of Columbia public school system and each

public charter school for any fiscal year are insufficient

to pay the full amount that such system and each

public charter school is eligible to receive under this

subtitle for such year, the Mayor shall ratably reduce

such amounts for such year on the basis of the formula

described in section 2401(b).

(ii) INCREASE.—If additional funds become available for making payments under this subtitle for such
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–140

fiscal year, amounts that were reduced under subparagraph (A) shall be increased on the same basis as

such amounts were reduced.

(D) UNEXPENDED FUNDS.—Any funds that remain in

the escrow account for public charter schools on September

30 of a fiscal year shall revert to the general fund of

the District of Columbia.

(b) EXCEPTION FOR NEW SCHOOLS.—

(1) AUTHORIZATION.—There are authorized to be appropriated $200,000 for each fiscal year to carry out this subsection.

(2) DISBURSEMENT TO MAYOR.—The Secretary of the Treasury shall make available and disburse to the Mayor, not later

than August 1 of each of the fiscal years 1996 through 2000,

such funds as have been appropriated under paragraph (1).

(3) ESCROW.—The Mayor shall place in escrow, for use

by public charter schools, any sum disbursed under paragraph

(2) and not paid under paragraph (4).

(4) PAYMENTS TO SCHOOLS.—The Mayor shall pay to public

charter schools described in paragraph (5), in accordance with

this subsection, any sum disbursed under paragraph (2).

(5) SCHOOLS DESCRIBED.—The schools referred to in paragraph (4) are public charter schools that—

(A) did not operate as public charter schools during

any portion of the fiscal year preceding the fiscal year

for which funds are authorized to be appropriated under

paragraph (1); and

(B) operated as public charter schools during the fiscal

year for which funds are authorized to be appropriated

under paragraph (1).

(6) FORMULA.—

(A) 1996.—The amount of the payment to a public

charter school described in paragraph (5) that begins operation in fiscal year 1996 shall be calculated by multiplying

$6,300 by 1⁄12 of the total anticipated enrollment as set

forth in the petition to establish the public charter school;

and

(B) 1997 THROUGH 2000.—The amount of the payment

to a public charter school described in paragraph (5) that

begins operation in any of fiscal years 1997 through 2000

shall be calculated by multiplying the uniform dollar

amount used in the formula established under section

2401(b) by 1⁄12 of the total anticipated enrollment as set

forth in the petition to establish the public charter school.

(7) PAYMENT TO SCHOOLS.—

(A) TRANSFER.—On September 1 of each of the years

1996 through 2000, the Mayor shall transfer, by electronic

funds transfer, the amount determined under paragraph

(6) for each public charter school from the escrow account

established under subsection (a) to a bank designated by

each such school.

(B) PRO RATA AND REMAINING FUNDS.—Subparagraphs

(C) and (D) of subsection (a)(2) shall apply to payments

made under this subsection, except that for purposes of

this subparagraph references to District of Columbia public

schools in such subparagraphs (C) and (D) shall be read

to refer to public charter schools.
110 STAT. 1321–141 PUBLIC LAW 104–134—APR. 26, 1996

Subtitle E—School Facilities Repair and

Improvement

SEC. 2550. DEFINITIONS.

For purposes of this subtitle—

(1) the term ‘‘facilities’’ means buildings, structures, and

real property of the District of Columbia public schools, except

that such term does not include any administrative office building that is not located in a building containing classrooms;

and

(2) the term ‘‘repair and improvement’’ includes administration, construction, and renovation.

PART 1—SCHOOL FACILITIES

SEC. 2551. TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act the Administrator of the General Services

Administration shall enter into a Memorandum of Agreement or

Understanding (referred to in this subtitle as the ‘‘Agreement’’)

with the Superintendent regarding the terms under which the

Administrator will provide technical assistance and related services

with respect to District of Columbia public schools facilities management in accordance with this section.

(b) TECHNICAL ASSISTANCE AND RELATED SERVICES.—The technical assistance and related services described in subsection (a)

shall include—

(1) the Administrator consulting with and advising District

of Columbia public school personnel responsible for public

schools facilities management, including repair and improvement with respect to facilities management of such schools;

(2) the Administrator assisting the Superintendent in

developing a systemic and comprehensive facilities revitalization program, for the repair and improvement of District of

Columbia public school facilities, which program shall—

(A) include a list of facilities to be repaired and

improved in a recommended order of priority;

(B) provide the repair and improvement required to

support modern technology; and

(C) take into account the Preliminary Facilities Master

Plan 2005 (prepared by the Superintendent’s Task Force

on Education Infrastructure for the 21st Century);

(3) the method by which the Superintendent will accept

donations of private goods and services for use by the District

of Columbia public schools without regard to any law or regulation of the District of Columbia;

(4) the Administrator recommending specific repair and

improvement projects in District of Columbia public school

facilities to the Superintendent that are appropriate for completion by members and units of the National Guard and the

Reserves in accordance with the program developed under paragraph (2);

(5) upon the request of the Superintendent, the Administrator assisting the appropriate District of Columbia public

school officials in the preparation of an action plan for the

performance of any repair and improvement recommended in
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–142

the program developed under paragraph (2), which action plan

shall detail the technical assistance and related services the

Administrator proposes to provide in the accomplishment of

the repair and improvement;

(6) upon the request of the Superintendent, and if consistent with the efficient use of resources as determined by the

Administrator, the coordination of the accomplishment of any

repair and improvement in accordance with the action plan

prepared under paragraph (5), except that in carrying out this

paragraph, the Administrator shall not be subject to the

requirements of title III of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq., and 41

U.S.C. 251 et seq.), the Office of Federal Procurement Policy

Act (41 U.S.C. 401 et seq.), nor shall such action plan be

subject to review under the bid protest procedures described

in sections 3551 through 3556 of title 31, United States Code,

or the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.);

(7) providing access for the Administrator to all District

of Columbia public school facilities as well as permitting the

Administrator to request and obtain any record or document

regarding such facilities as the Administrator determines necessary, except that any such record or document shall not

become a record (as defined in section 552a of title 5, United

States Code) of the General Services Administration; and

(8) the Administrator making recommendations regarding

how District of Columbia public school facilities may be used

by the District of Columbia community for multiple purposes.

(c) AGREEMENT PROVISIONS.—The Agreement shall include—

(1) the procedures by which the Superintendent and

Administrator will consult with respect to carrying out this

section, including reasonable time frames for such consultation;

(2) the scope of the technical assistance and related services

to be provided by the General Services Administration in

accordance with this section;

(3) assurances by the Administrator and the Superintendent to cooperate with each other in any way necessary to

ensure implementation of the Agreement, including assurances

that funds available to the District of Columbia shall be used

to pay the obligations of the District of Columbia public school

system that are incurred as a result of actions taken under,

or in furtherance of, the Agreement, in addition to funds available to the Administrator for purposes of this section; and

(4) the duration of the Agreement, except that in no event

shall the Agreement remain in effect later than the day that

is 24 months after the date that the Agreement is signed,

or the day that the agency designated pursuant to section

2552(a)(2) assumes responsibility for the District of Columbia

public school facilities, whichever day is earlier.

(d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—No claim, suit,

or action may be brought against the Administrator in connection

with the discharge of the Administrator’s responsibilities under

this subtitle.

(e) SPECIAL RULE.—Notwithstanding any other provision of law,

the Administrator is authorized to accept and use a conditioned

gift made for the express purpose of repairing or improving a

District of Columbia public school, except that the Administrator

shall not be required to carry out any repair or improvement
110 STAT. 1321–143 PUBLIC LAW 104–134—APR. 26, 1996

under this section unless the Administrator accepts a donation

of private goods or services sufficient to cover the costs of such

repair or improvement.

(f) EFFECTIVE DATE.—This subtitle shall cease to be effective

on the earlier day specified in subsection (c)(4).

SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

(a) PROGRAM.—Not later than 12 months after the date of

enactment of this Act, the Mayor and the District of Columbia

Council in consultation with the Administrator, the Authority, the

Board of Education, and the Superintendent, shall—

(1) design and implement a comprehensive long-term program for the repair and improvement, and maintenance and

management, of the District of Columbia public school facilities,

which program shall incorporate the work completed in accordance with the program described in section 2551(b)(2); and

(2) designate a new or existing agency or authority within

the District of Columbia Government to administer such program.

(b) PROCEEDS.—Such program shall include—

(1) identifying short-term funding for capital and maintenance of facilities, which may include retaining proceeds from

the sale or lease of a District of Columbia public school facility;

and

(2) identifying and designating long-term funding for capital and maintenance of facilities.

(c) IMPLEMENTATION.—Upon implementation of such program,

the agency or authority created or designated pursuant to subsection (a)(2) shall assume authority and responsibility for the

repair and improvement, and maintenance and management, of

District of Columbia public schools.

PART 2—WAIVERS

SEC. 2561. WAIVERS.

(a) IN GENERAL.—

(1) REQUIREMENTS WAIVED.—Subject to subsection (b), all

District of Columbia fees and all requirements contained in

the document entitled ‘‘District of Columbia Public Schools

Standard Contract Provisions’’ (as such document was in effect

on November 2, 1995 and including any revisions or modifications to such document) published by the District of Columbia

public schools for use with construction or maintenance projects,

are waived, for purposes of repair and improvement of District

of Columbia public schools facilities for a period beginning

on the date of enactment of this Act and ending 24 months

after such date.

(2) DONATIONS.—Any individual may volunteer his or her

services or may donate materials to a District of Columbia

public school facility for the repair and improvement of such

facility provided that the provision of voluntary services meets

the requirements of 29 U.S.C. 203(e)(4).

(b) LIMITATION.—A waiver under subsection (a) shall not apply

to requirements under 40 U.S.C. 276a–276a–7.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–144

PART 3—GIFTS, DONATIONS, BEQUESTS, AND DEVISES

SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.

(a) IN GENERAL.—A District of Columbia public school or a

public charter school may accept directly from any person a gift,

donation, bequest, or devise of any property, real or personal, without regard to any law or regulation of the District of Columbia.

(b) TAX LAWS.—For the purposes of the income tax, gift tax,

and estate tax laws of the Federal Government, any money or

other property given, donated, bequeathed, or devised to a District

of Columbia public school or a public charter school, shall be deemed

to have been given, donated, bequeathed, or devised to or for the

use of the District of Columbia.

Subtitle F—Partnerships With Business

SEC. 2601. PURPOSE.

The purpose of this subtitle is—

(1) to leverage private sector funds utilizing initial Federal

investments in order to provide students and teachers within

the District of Columbia public schools and public charter

schools with access to state-of-the-art educational technology;

(2) to establish a regional job training and employment

center;

(3) to strengthen workforce preparation initiatives for students within the District of Columbia public schools and public

charter schools;

(4) to coordinate private sector investments in carrying

out this title; and

(5) to assist the Superintendent with the development of

individual career paths in accordance with the long-term reform

plan.

SEC. 2602. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF

COLUMBIA PUBLIC SCHOOLS.

The Superintendent is authorized to provide a grant to a private, nonprofit corporation that meets the eligibility criteria under

section 2603 for the purposes of carrying out the duties under

sections 2604 and 2607.

SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT CORPORATION.

A private, nonprofit corporation shall be eligible to receive

a grant under section 2602 if the corporation is a national business

organization incorporated in the District of Columbia, that—

(1) has a board of directors which includes members who

are also chief executive officers of technology-related corporations involved in education and workforce development issues;

(2) has extensive practical experience with initiatives that

link business resources and expertise with education and training systems;

(3) has experience in working with State and local educational agencies throughout the United States with respect

to the integration of academic studies with workforce preparation programs; and
110 STAT. 1321–145 PUBLIC LAW 104–134—APR. 26, 1996

(4) has a nationwide structure through which additional

resources can be leveraged and innovative practices disseminated.

SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.

(a) DISTRICT EDUCATION AND LEARNING TECHNOLOGIES

ADVANCEMENT COUNCIL.—

(1) ESTABLISHMENT—The private, nonprofit corporation

shall establish a council to be known as the ‘‘District Education

and Learning Technologies Advancement Council’’ (in this subtitle referred to as the ‘‘council’’).

(2) MEMBERSHIP.—

(A) IN GENERAL.—The private, nonprofit corporation

shall appoint members to the council. An individual shall

be appointed as a member to the council on the basis

of the commitment of the individual, or the entity which

the individual is representing, to providing time, energy,

and resources to the council.

(B) COMPENSATION.—Members of the council shall

serve without compensation.

(3) DUTIES.—The council—

(A) shall advise the private, nonprofit corporation with

respect to the duties of the corporation under subsections

(b) through (d) of this section; and

(B) shall assist the corporation in leveraging private

sector resources for the purpose of carrying out such duties.

(b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL TECHNOLOGY.—

(1) IN GENERAL—The private, nonprofit corporation, in

conjunction with the Superintendent, students, parents, and

teachers, shall establish and implement strategies to ensure

access to state-of-the-art educational technology within the District of Columbia public schools and public charter schools.

(2) ELECTRONIC DATA TRANSFER SYSTEM.—The private, nonprofit corporation shall assist the Superintendent in acquiring

the necessary equipment, including computer hardware and

software, to establish an electronic data transfer system. The

private, nonprofit corporation shall also assist in arranging

for training of District of Columbia public school employees

in using such equipment.

(3) TECHNOLOGY ASSESSMENT.—

(A) IN GENERAL.—In establishing and implementing

the strategies under paragraph (1), the private, nonprofit

corporation, not later than September 1, 1996, shall provide

for an assessment of the availability, on the date of enactment of this Act, of state-of-the-art educational technology

within the District of Columbia public schools and public

charter schools.

(B) CONDUCT OF ASSESSMENT.—In providing for the

assessment under subparagraph (A), the private, nonprofit

corporation—

(i) shall provide for onsite inspections of the stateof-the-art educational technology within a minimum

sampling of District of Columbia public schools and

public charter schools; and

(ii) shall ensure proper input from students, parents, teachers, and other school officials through the

use of focus groups and other appropriate mechanisms.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–146

(C) RESULTS OF ASSESSMENT.—The private, nonprofit

corporation shall ensure that the assessment carried out

under this paragraph provides, at a minimum, necessary

information on state-of-the-art educational technology

within the District of Columbia public schools and public

charter schools, including—

(i) the extent to which typical District of Columbia

public schools have access to such state-of-the-art educational technology and training for such technology;

(ii) how such schools are using such technology;

(iii) the need for additional technology and the

need for infrastructure for the implementation of such

additional technology;

(iv) the need for computer hardware, software,

training, and funding for such additional technology

or infrastructure; and

(v) the potential for computer linkages among District of Columbia public schools and public charter

schools.

(4) SHORT-TERM TECHNOLOGY PLAN.—

(A) IN GENERAL.—Based upon the results of the technology assessment under paragraph (3), the private, nonprofit corporation shall develop a 3-year plan that includes

goals, priorities, and strategies for obtaining the resources

necessary to implement strategies to ensure access to stateof-the-art educational technology within the District of

Columbia public schools and public charter schools.

(B) IMPLEMENTATION.—The private, nonprofit corporation, in conjunction with schools, students, parents, and

teachers, shall implement the plan developed under

subparagraph (A).

(5) LONG-TERM TECHNOLOGY PLAN.—Prior to the completion

of the implementation of the short-term technology plan under

paragraph (4), the private, nonprofit corporation shall develop

a plan under which the corporation will continue to coordinate

the donation of private sector resources for maintaining the

continuous improvement and upgrading of state-of-the-art educational technology within the District of Columbia public

schools and public charter schools.

(c) DISTRICT EMPLOYMENT AND LEARNING CENTER.—

(1) ESTABLISHMENT.—The private, nonprofit corporation

shall establish a center to be known as the ‘‘District Employment and Learning Center’’ (in this subtitle referred to as

the ‘‘center’’), which shall serve as a regional institute providing

job training and employment assistance.

(2) DUTIES.—

(A) JOB TRAINING AND EMPLOYMENT ASSISTANCE PROGRAM.—The center shall establish a program to provide

job training and employment assistance in the District

of Columbia and shall coordinate with career preparation

programs in existence on the date of enactment of this

Act, such as vocational education, school-to-work, and

career academies in the District of Columbia public schools.

(B) CONDUCT OF PROGRAM.—In carrying out the program established under subparagraph (A), the center—

(i) shall provide job training and employment

assistance to youths who have attained the age of
110 STAT. 1321–147 PUBLIC LAW 104–134—APR. 26, 1996

18 but have not attained the age of 26, who are residents of the District of Columbia, and who are in

need of such job training and employment assistance

for an appropriate period not to exceed 2 years;

(ii) shall work to establish partnerships and enter

into agreements with appropriate agencies of the District of Columbia Government to serve individuals

participating in appropriate Federal programs, including programs under the Job Training Partnership Act

(29 U.S.C. 1501 et seq.), the Job Opportunities and

Basic Skills Training Program under part F of title

IV of the Social Security Act (42 U.S.C. 681 et seq.),

the Carl D. Perkins Vocational and Applied Technology

Education Act (20 U.S.C. 2301 et seq.), and the Schoolto-Work Opportunities Act of 1994 (20 U.S.C. 6101

et seq.);

(iii) shall conduct such job training, as appropriate,

through a consortium of colleges, universities, community colleges, businesses, and other appropriate providers, in the District of Columbia metropolitan area;

(iv) shall design modular training programs that

allow students to enter and leave the training curricula

depending on their opportunities for job assignments

with employers; and

(v) shall utilize resources from businesses to

enhance work-based learning opportunities and facilitate access by students to work-based learning and

work experience through temporary work assignments

with employers in the District of Columbia metropolitan area.

(C) COMPENSATION.—The center may provide compensation to youths participating in the program under

this paragraph for part-time work assigned in conjunction

with training. Such compensation may include need-based

payments and reimbursement of expenses.

(d) WORKFORCE PREPARATION INITIATIVES.—

(1) IN GENERAL.—The private, nonprofit corporation shall

establish initiatives with the District of Columbia public

schools, and public charter schools, appropriate governmental

agencies, and businesses and other private entities, to facilitate

the integration of rigorous academic studies with workforce

preparation programs in District of Columbia public schools

and public charter schools.

(2) CONDUCT OF INITIATIVES.—In carrying out the initiatives under paragraph (1), the private, nonprofit corporation

shall, at a minimum, actively develop, expand, and promote

the following programs:

(A) Career academy programs in secondary schools,

as such programs are established in certain District of

Columbia public schools, which provide a school-withina-school concept, focusing on career preparation and the

integration of the academy programs with vocational and

technical curriculum.

(B) Programs carried out in the District of Columbia

that are funded under the School-to-Work Opportunities

Act of 1994 (20 U.S.C. 6101 et seq.).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–148

SEC. 2605. MATCHING FUNDS.

The private, nonprofit corporation, to the extent practicable,

shall provide matching funds, or in-kind contributions, or a combination thereof, for the purpose of carrying out the duties of

the corporation under section 2604, as follows:

(1) For fiscal year 1997, the nonprofit corporation shall provide matching funds or in-kind contributions of $1 for every

$1 of Federal funds provided under this subtitle for such year

for activities under section 2604.

(2) For fiscal year 1998, the nonprofit corporation shall provide matching funds or in-kind contributions of $3 for every

$1 of Federal funds provided under this subtitle for such year

for activities under section 2604.

(3) For fiscal year 1999, the nonprofit corporation shall provide matching funds or in-kind contributions of $5 for every

$1 of Federal funds provided under this subtitle for such year

for activities under section 2604.

SEC. 2606. REPORT.

The private, nonprofit corporation shall prepare and submit

to the appropriate congressional committees on a quarterly basis,

or, with respect to fiscal year 1997, on a semiannual basis, a

report which shall contain—

(1) the activities the corporation has carried out, including

the duties of the corporation described in section 2604, for

the 3-month period ending on the date of the submission of

the report, or, with respect to fiscal year 1997, the 6-month

period ending on the date of the submission of the report;

(2) an assessment of the use of funds or other resources

donated to the corporation;

(3) the results of the assessment carried out under section

2604(b)(3); and

(4) a description of the goals and priorities of the corporation for the 3-month period beginning on the date of the submission of the report, or, with respect to fiscal year 1997, the

6-month period beginning on the date of the submission of

the report.

SEC. 2607. JOBS FOR D.C. GRADUATES PROGRAM.

(a) IN GENERAL.—The nonprofit corporation shall establish a

program, to be known as the ‘‘Jobs for D.C. Graduates Program’’,

to assist District of Columbia public schools and public charter

schools in organizing and implementing a school-to-work transition

system, which system shall give priority to providing assistance

to at-risk youths and disadvantaged youths.

(b) CONDUCT OF PROGRAM.—In carrying out the program established under subsection (a), the nonprofit corporation, consistent

with the policies of the nationally recognized Jobs for America’s

Graduates, Inc., shall—

(1) establish performance standards for such program;

(2) provide ongoing enhancement and improvements in

such program;

(3) provide research and reports on the results of such

program; and

(4) provide preservice and inservice training.

SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION.—

Establishment.
110 STAT. 1321–149 PUBLIC LAW 104–134—APR. 26, 1996

(1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-ART EDU- CATIONAL TECHNOLOGY; AND WORKFORCE PREPARATION INITIA- TIVES.—There are authorized to be appropriated to carry out subsections (a), (b), and (d) of section 2604, $1,000,000 for

each of the fiscal years 1997, 1998, and 1999.

(2) DEAL CENTER.—There are authorized to be appropriated to carry out section 2604(c), $2,000,000 for each of the fiscal

years 1997, 1998, and 1999.

(3) JOBS FOR D.C. GRADUATES PROGRAM.—There are authorized to be appropriated to carry out section 2607— (A) $2,000,000 for fiscal year 1997; and

(B) $3,000,000 for each of the fiscal years 1998 through

2001.

(b) AVAILABILITY.—Amounts authorized to be appropriated

under subsection (a) are authorized to remain available until

expended.

SEC. 2609. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE CONGRESS RELATING TO CONTINUATION OF ACTIVITIES.

(a) TERMINATION OF FEDERAL SUPPORT.—The authority under

this subtitle to provide assistance to the private, nonprofit corporation or any other entity established pursuant to this subtitle shall

terminate on October 1, 1999.

(b) SENSE OF THE CONGRESS RELATING TO CONTINUATION OF

ACTIVITIES.—It is the sense of the Congress that—

(1) the activities of the private, nonprofit corporation under

section 2604 should continue to be carried out after October

1, 1999, with resources made available from the private sector;

and

(2) the corporation should provide oversight and coordination for such activities after such date.

Subtitle G—Management and Fiscal Accountability; Preservation of School-Based Resources

SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

(a) FOOD SERVICES AND SECURITY SERVICES.—Notwithstanding

any other law, rule, or regulation, the Board of Education shall

enter into a contract for academic year 1995–1996 and each succeeding academic year, for the provision of all food services operations

and security services for the District of Columbia public schools,

unless the Superintendent determines that it is not feasible and

provides the Superintendent’s reasons in writing to the Board of

Education and the Authority.

(b) DEVELOPMENT OF NEW MANAGEMENT AND DATA SYSTEMS.— Notwithstanding any other law, rule, or regulation, the Board of

Education shall, in academic year 1995–1996, consult with the

Authority on the development of new management and data systems, as well as training of personnel to use and manage the

systems in areas of budget, finance, personnel and human resources,

management information services, procurement, supply management, and other systems recommended by the Authority. Such

plans shall be consistent with, and contemporaneous to, the District

of Columbia Government’s development and implementation of a

replacement for the financial management system for the District

of Columbia Government in use on the date of enactment of this

Act.

Contracts.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–150

SEC. 2752. ACCESS TO FISCAL AND STAFFING DATA.

(a) IN GENERAL.—The budget, financial-accounting, personnel,

payroll, procurement, and management information systems of the

District of Columbia public schools shall be coordinated and interface with related systems of the District of Columbia Government.

(b) ACCESS.—The Board of Education shall provide read-only

access to its internal financial management systems and all other

data bases to designated staff of the Mayor, the Council, the Authority, and appropriate congressional committees.

SEC. 2753. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.

(a) IN GENERAL.—The Board of Education shall develop its

fiscal year 1997 gross operating budget and its fiscal year 1997

appropriated funds budget request in accordance with this section.

(b) FISCAL YEAR 1996 BUDGET REVISION.—Not later than 60

days after enactment of this Act, the Board of Education shall

develop, approve, and submit to the Mayor, the District of Columbia

Council, the Authority, and appropriate congressional committees,

a revised fiscal year 1996 gross operating budget that reflects

the amount appropriated in the District of Columbia Appropriations

Act, 1996, and which—

(1) is broken out on the basis of appropriated funds and

nonappropriated funds, control center, responsibility center,

agency reporting code, object class, and object; and

(2) indicates by position title, grade, and agency reporting

code, all staff allocated to each District of Columbia public

school as of October 15, 1995, and indicates on an object class

basis all other-than-personal-services financial resources allocated to each school.

(c) ZERO-BASE BUDGET.—For fiscal year 1997, the Board of

Education shall build its gross operating budget and appropriated

funds request from a zero-base, starting from the local school level

through the central office level.

(d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of Education’s

initial fiscal year 1997 gross operating budget and appropriated

funds budget request submitted to the Mayor, the District of Columbia Council, and the Authority shall contain school-by-school budgets and shall also—

(1) be broken out on the basis of appropriated funds and

nonappropriated funds, control center, responsibility center,

agency reporting code, object class, and object;

(2) indicate by position title, grade, and agency reporting

code all staff budgeted for each District of Columbia public

school, and indicate on an object class basis all other-thanpersonal-services financial resources allocated to each school;

and

(3) indicate the amount and reason for all changes made

to the initial fiscal year 1997 gross operating budget and appropriated funds request from the revised fiscal year 1996 gross

operating budget required by subsection (b).

SEC. 2754. TECHNICAL AMENDMENTS.

Section 1120A of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 6322) is amended—

(1) in subsection (b)(1), by—

(A) striking ‘‘(A) Except as provided in subparagraph

(B), a State’’ and inserting ‘‘A State’’; and
110 STAT. 1321–151 PUBLIC LAW 104–134—APR. 26, 1996

(B) striking subparagraph (B); and

(2) by adding at the end thereof the following new subsection:

‘‘(d) EXCLUSION OF FUNDS.—For the purpose of complying with

subsections (b) and (c), a State or local educational agency may

exclude supplemental State or local funds expended in any school

attendance area or school for programs that meet the intent and

purposes of this part.’’.

SEC. 2755. EVEN START FAMILY LITERACY PROGRAMS.

Part B of title I of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 6361 et seq.) is amended—

(a) in section 1204(a) (20 U.S.C. 6364(a)), by inserting

‘‘intensive’’ after ‘‘cost of providing’’; and

(b) in section 1205(4) (20 U.S.C. 6365(4)), by inserting

‘‘, intensive’’ after ‘‘high-quality’’.

SEC. 2756. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.

(a) RESTRICTIONS ON REDUCTIONS OF SCHOOL-BASED EMPLOY- EES.—To the extent that a reduction in the number of full-time

equivalent positions for the District of Columbia public schools

is required to remain within the number of full-time equivalent

positions established for the public schools in appropriations Acts,

no reductions shall be made from the full-time equivalent positions

for school-based teachers, principals, counselors, librarians, or other

school-based educational positions that were established as of the

end of fiscal year 1995, unless the Authority makes a determination

based on student enrollment that—

(1) fewer school-based positions are needed to maintain

established pupil-to-staff ratios; or

(2) reductions in positions for other than school-based

employees are not practicable.

(b) DEFINITION.—The term ‘‘school-based educational position’’

means a position located at a District of Columbia public school

or other position providing direct support to students at such a

school, including a position for a clerical, stenographic, or secretarial

employee, but not including any part-time educational aide position.

Subtitle H—Establishment and Organization of

the Commission on Consensus Reform in the

District of Columbia Public Schools

SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT

OF COLUMBIA PUBLIC SCHOOLS.

(a) ESTABLISHMENT.— (1) IN GENERAL.—There is established within the District

of Columbia Government a Commission on Consensus Reform

in the District of Columbia Public Schools, consisting of 7

members to be appointed in accordance with paragraph (2).

(2) MEMBERSHIP.—The Consensus Commission shall consist

of the following members:

(A) 1 member to be appointed by the President chosen

from a list of 3 proposed members submitted by the Majority Leader of the Senate.

(B) 1 member to be appointed by the President chosen

from a list of 3 proposed members submitted by the Speaker

of the House of Representatives.

President.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–152

(C) 2 members to be appointed by the President, of

which 1 shall represent the local business community and

1 of which shall be a teacher in a District of Columbia

public school.

(D) The President of the District of Columbia Congress

of Parents and Teachers.

(E) The President of the Board of Education.

(F) The Superintendent.

(G) The Mayor and District of Columbia Council Chairman shall each name 1 nonvoting ex officio member.

(H) The Chief of the National Guard Bureau who shall

be an ex officio member.

(3) TERMS OF SERVICE.—The members of the Consensus

Commission shall serve for a term of 3 years.

(4) VACANCIES.—Any vacancy in the membership of the

Consensus Commission shall be filled by the appointment of

a new member in the same manner as provided for the vacated

membership. A member appointed under this paragraph shall

serve the remaining term of the vacated membership.

(5) QUALIFICATIONS.—Members of the Consensus Commission appointed under subparagraphs (A), (B), and (C) of paragraph (2) shall be residents of the District of Columbia and

shall have a knowledge of public education in the District

of Columbia.

(6) CHAIR.—The Chair of the Consensus Commission shall

be chosen by the Consensus Commission from among its members, except that the President of the Board of Education and

the Superintendent shall not be eligible to serve as Chair.

(7) NO COMPENSATION FOR SERVICE.—Members of the

Consensus Commission shall serve without pay, but may

receive reimbursement for any reasonable and necessary

expenses incurred by reason of service on the Consensus

Commission.

(b) EXECUTIVE DIRECTOR.—The Consensus Commission shall

have an Executive Director who shall be appointed by the Chair

with the consent of the Consensus Commission. The Executive

Director shall be paid at a rate determined by the Consensus

Commission, except that such rate may not exceed the highest

rate of pay payable for level EG–16 of the Educational Service

of the District of Columbia.

(c) STAFF.—With the approval of the Chair and the Authority,

the Executive Director may appoint and fix the pay of additional

personnel as the Executive Director considers appropriate, except

that no individual appointed by the Executive Director may be

paid at a rate greater than the rate of pay for the Executive

Director.

(d) SPECIAL RULE.—The Board of Education, or the Authority,

shall reprogram such funds, as the Chair of the Consensus Commission shall in writing request, subject to the approval of the Authority

from amounts available to the Board of Education.

SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

(a) PURPOSE.—The primary purpose of the Consensus Commission is to assist in developing a long-term reform plan that has

the support of the District of Columbia community through the

participation of representatives of various critical segments of such

community in helping to develop and approve the plan.
110 STAT. 1321–153 PUBLIC LAW 104–134—APR. 26, 1996

(b) FINDINGS.—The Congress finds that—

(1) experience has shown that the failure of the District

of Columbia educational system has been due more to the

failure to implement a plan than the failure to develop a

plan;

(2) national studies indicate that 50 percent of secondary

school graduates lack basic literacy skills, and over 30 percent

of the 7th grade students in the District of Columbia public

schools drop out of school before graduating;

(3) standard student assessments indicate only average

performance for grade level and fail to identify individual students who lack basic skills, allowing too many students to

graduate lacking these basic skills and diminishing the worth

of a diploma;

(4) experience has shown that successful schools have good

community, parent, and business involvement;

(5) experience has shown that reducing dropout rates in

the critical middle and secondary school years requires individual student involvement and attention through such activities

as arts or athletics; and

(6) experience has shown that close coordination between

educators and business persons is required to provide noncollege-bound students the skills necessary for employment, and

that personal attention is vitally important to assist each student in developing an appropriate career path.

SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.

(a) PRIMARY RESPONSIBILITY.—The Board of Education and the

Superintendent shall have primary responsibility for developing

and implementing the long-term reform plan for education in the

District of Columbia.

(b) DUTIES.—The Consensus Commission shall—

(1) identify any obstacles to implementation of the longterm reform plan and suggest ways to remove such obstacles;

(2) assist in developing programs that—

(A) ensure every student in a District of Columbia

public school achieves basic literacy skills;

(B) ensure every such student possesses the knowledge

and skills necessary to think critically and communicate

effectively by the completion of grade 8; and

(C) lower the dropout rate in the District of Columbia

public schools;

(3) assist in developing districtwide assessments, including

individual assessments, that identify District of Columbia public school students who lack basic literacy skills, with particular

attention being given to grade 4 and the middle school years,

and establish procedures to ensure that a teacher is made

accountable for the performance of every such student in such

teacher’s class;

(4) make recommendations to improve community, parent,

and business involvement in District of Columbia public schools

and public charter schools;

(5) assess opportunities in the District of Columbia to

increase individual student involvement and attention through

such activities as arts or athletics, and make recommendations

on how to increase such involvement; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–154

(6) assist in the establishment of procedures that ensure

every District of Columbia public school student is provided

the skills necessary for employment, including the development

of individual career paths.

(c) POWERS.—The Consensus Commission shall have the following powers:

(1) To monitor and comment on the development and

implementation of the long-term reform plan.

(2) To exercise its authority, as provided in this subtitle,

as necessary to facilitate implementation of the long-term

reform plan.

(3) To review and comment on the budgets of the Board

of Education, the District of Columbia public schools and public

charter schools.

(4) To recommend rules concerning the management and

direction of the Board of Education that address obstacles to

the development or implementation of the long-term reform

plan.

(5) To review and comment on the core curriculum for

kindergarten through grade 12 developed under subtitle C.

(6) To review and comment on a core curriculum for prekindergarten, vocational and technical training, and adult

education.

(7) To review and comment on all other educational programs carried out by the Board of Education and public charter

schools.

(8) To review and comment on the districtwide assessments

for measuring student achievement in the core curriculum

developed under subtitle C.

(9) To review and comment on the model professional development programs for teachers using the core curriculum developed under subtitle C.

(d) LIMITATIONS.—

(1) IN GENERAL.—Except as otherwise provided in this subtitle, the Consensus Commission shall have no powers to involve

itself in the management or operation of the Board of Education

with respect to the implementation of the long-term reform

plan.

SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

(a) COMMUNITY SERVICE REQUIREMENT FOR SUSPENDED

STUDENTS.—

(1) IN GENERAL.—Any student suspended from classes at

a District of Columbia public school who is required to serve

the suspension outside the school shall perform community

service for the period of suspension. The community service

required by this subsection shall be subject to rules and regulations promulgated by the Mayor.

(2) EFFECTIVE DATE.—This subsection shall take effect on

the first day of the 1996–1997 academic year.

(b) EXPIRATION DATE.—This section, and sections 2101(b)(1)(K)

and 2851(a)(2)(H), shall cease to be effective on the last day of

the 1997–1998 academic year.

(c) REPORT.—The Consensus Commission shall study the

effectiveness of the policies implemented pursuant to this section

in improving order and discipline in District of Columbia public

schools and report its findings to the appropriate congressional
110 STAT. 1321–155 PUBLIC LAW 104–134—APR. 26, 1996

committees not later than 60 days prior to the last day of the

1997–1998 academic year.

SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

(a) IN GENERAL.—The Consensus Commission may examine

and request the Inspector General of the District of Columbia

or the Authority to audit the records of the Board of Education

to ensure, monitor, and evaluate the performance of the Board

of Education with respect to compliance with the long-term reform

plan and such plan’s overall educational achievement. The Consensus Commission shall conduct an annual review of the educational

performance of the Board of Education with respect to meeting

the goals of such plan for such year. The Board of Education

shall cooperate and assist in the review or audit as requested

by the Consensus Commission.

(b) AUDIT.—The Consensus Commission may examine and

request the Inspector General of the District of Columbia or the

Authority to audit the records of any public charter school to assure,

monitor, and evaluate the performance of the public charter school

with respect to the content standards and districtwide assessments

described in section 2311(b). The Consensus Commission shall

receive a copy of each public charter school’s annual report.

SEC. 2856. INVESTIGATIVE POWERS.

The Consensus Commission may investigate any action or activity which may hinder the progress of any part of the long-term

reform plan. The Board of Education shall cooperate and assist

the Consensus Commission in any investigation. Reports of the

findings of any such investigation shall be provided to the Board

of Education, the Superintendent, the Mayor, the District of Columbia Council, the Authority, and the appropriate congressional

committees.

SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.

(a) IN GENERAL.—The Consensus Commission may at any time

submit recommendations to the Board of Education, the Mayor,

the District of Columbia Council, the Authority, the Board of Trustees of any public charter school and the Congress with respect

to actions the District of Columbia Government or the Federal

Government should take to ensure implementation of the longterm reform plan.

(b) AUTHORITY ACTIONS.—Pursuant to the District of Columbia

Financial Responsibility and Management Assistance Act of 1995

or upon the recommendation of the Consensus Commission, the

Authority may take whatever actions the Authority deems necessary

to ensure the implementation of the long-term reform plan.

SEC. 2858. EXPIRATION DATE.

Except as otherwise provided in this subtitle, this subtitle

shall be effective during the period beginning on the date of enactment of this Act and ending 7 years after such date.

Subtitle I—Parent Attendance at Parent-Teacher

Conferences

SEC. 2901. POLICY.

Notwithstanding any other provision of law, the Mayor is

authorized to develop and implement a policy encouraging all resi-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–156

dents of the District of Columbia with children attending a District

of Columbia public school to attend and participate in at least

one parent-teacher conference every 90 days during the academic

year.

This title may be cited as the ‘‘District of Columbia School Reform

Act of 1995’’.

(c) For programs, projects or activities in the Department of

the Interior and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into

law as the regular appropriations Act:

AN ACT

Making appropriations for the Department of the Interior and

related agencies for the fiscal year ending September 30, 1996,

and for other purposes.

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of

easements and other interests in lands, and performance of other

functions, including maintenance of facilities, as authorized by law,

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general

administration of the Bureau, and assessment of mineral potential

of public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)),

$567,453,000, to remain available until expended, of which

$2,000,000 shall be available for assessment of the mineral potential

of public lands in Alaska pursuant to section 1010 of Public Law

96–487 (16 U.S.C. 3150), and of which $4,000,000 shall be derived

from the special receipt account established by section 4 of the

Land and Water Conservation Fund Act of 1965, as amended (16

U.S.C. 460l–6a(i)): Provided, That appropriations herein made shall

not be available for the destruction of healthy, unadopted, wild

horses and burros in the care of the Bureau or its contractors;

and in addition, $27,650,000 for Mining Law Administration program operations, to remain available until expended, to be reduced

by amounts collected by the Bureau of Land Management and

credited to this appropriation from annual mining claim fees so

as to result in a final appropriation estimated at not more than

$567,453,000: Provided further, That in addition to funds otherwise

available, and to remain available until expended, not to exceed

$5,000,000 from annual mining claim fees shall be credited to

this account for the costs of administering the mining claim fee

program, and $2,000,000 from communication site rental fees established by the Bureau.

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire use and management, fire

preparedness, emergency presuppression, suppression operations,

emergency rehabilitation, and renovation or construction of fire

facilities in the Department of the Interior, $235,924,000, to remain

Department of

the Interior and

Related Agencies

Appropriations

Act, 1996.
110 STAT. 1321–157 PUBLIC LAW 104–134—APR. 26, 1996

available until expended, of which not to exceed $5,025,000, shall

be available for the renovation or construction of fire facilities:

Provided, That notwithstanding any other provision of law, persons

hired pursuant to 43 U.S.C. 1469 may be furnished subsistence

and lodging without cost from funds available from this appropriation: Provided further, That such funds are also available for repayment of advances to other appropriation accounts from which funds

were previously transferred for such purposes: Provided further,

That unobligated balances of amounts previously appropriated to

the Fire Protection and Emergency Department of the Interior

Firefighting Fund may be transferred or merged with this

appropriation.

CENTRAL HAZARDOUS MATERIALS FUND

For expenses necessary for use by the Department of the

Interior and any of its component offices and bureaus for the

remedial action, including associated activities, of hazardous waste

substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation and Liability

Act, as amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain

available until expended: Provided, That, notwithstanding 31 U.S.C.

3302, sums recovered from or paid by a party in advance of or

as reimbursement for remedial action or response activities conducted by the Department pursuant to sections 107 or 113(f) of

the Comprehensive Environmental Response, Compensation and

Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be

credited to this account and shall be available without further

appropriation and shall remain available until expended: Provided

further, That such sums recovered from or paid by any party are

not limited to monetary payments and may include stocks, bonds

or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary of the Interior

and which shall be credited to this account.

CONSTRUCTION AND ACCESS

For acquisition of lands and interests therein, and construction

of buildings, recreation facilities, roads, trails, and appurtenant

facilities, $3,115,000, to remain available until expended.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–07), $113,500,000, of which

not to exceed $400,000 shall be available for administrative

expenses.

LAND ACQUISITION

For expenses necessary to carry out the provisions of sections

205, 206, and 318(d) of Public Law 94–579 including administrative

expenses and acquisition of lands or waters, or interests therein,

$12,800,000 to be derived from the Land and Water Conservation

Fund, to remain available until expended.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and mainte-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–158

nance of access roads, reforestation, and other improvements on

the revested Oregon and California Railroad grant lands, on other

Federal lands in the Oregon and California land-grant counties

of Oregon, and on adjacent rights-of-way; and acquisition of lands

or interests therein including existing connecting roads on or adjacent to such grant lands; $97,452,000, to remain available until

expended: Provided, That 25 per centum of the aggregate of all

receipts during the current fiscal year from the revested Oregon

and California Railroad grant lands is hereby made a charge against

the Oregon and California land-grant fund and shall be transferred

to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the

Act of August 28, 1937 (50 Stat. 876).

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and

interests therein, and improvement of Federal rangelands pursuant

to section 401 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums

equal to 50 per centum of all moneys received during the prior

fiscal year under sections 3 and 15 of the Taylor Grazing Act

(43 U.S.C. 315 et seq.) and the amount designated for range

improvements from grazing fees and mineral leasing receipts from

Bankhead-Jones lands transferred to the Department of the Interior

pursuant to law, but not less than $9,113,000, to remain available

until expended: Provided, That not to exceed $600,000 shall be

available for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and

disposal of public lands and resources, for costs of providing copies

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use

authorizations, and for rehabilitation of damaged property, such

amounts as may be collected under sections 209(b), 304(a), 304(b),

305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C.

1701), and sections 101 and 203 of Public Law 93–153, to be

immediately available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of the Act

of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have

been or will be received pursuant to that section, whether as a

result of forfeiture, compromise, or settlement, if not appropriate

for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),

shall be available and may be expended under the authority of

this or subsequent appropriations Acts by the Secretary to improve,

protect, or rehabilitate any public lands administered through the

Bureau of Land Management which have been damaged by the

action of a resource developer, purchaser, permittee, or any

unauthorized person, without regard to whether all moneys collected

from each such forfeiture, compromise, or settlement are used on

the exact lands damage to which led to the forfeiture, compromise,

or settlement: Provided further, That such moneys are in excess

of amounts needed to repair damage to the exact land for which

collected.

43 USC 1735

note.
110 STAT. 1321–159 PUBLIC LAW 104–134—APR. 26, 1996

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be

contributed under section 307 of the Act of October 21, 1976 (43

U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances

of omitted lands under section 211(b) of that Act, to remain available

until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

up to $100,000 for payments, at the discretion of the Secretary,

for information or evidence concerning violations of laws administered by the Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities authorized or approved

by the Secretary and to be accounted for solely on his certificate,

not to exceed $10,000: Provided, That notwithstanding 44 U.S.C.

501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services

from cooperators in connection with jointly-produced publications

for which the cooperators share the cost of printing either in cash

or in services, and the Bureau determines the cooperator is capable

of meeting accepted quality standards.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For expenses necessary for scientific and economic studies,

conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and

sea lions, and for the performance of other authorized functions

related to such resources; for the general administration of the

United States Fish and Wildlife Service; and for maintenance of

the herd of long-horned cattle on the Wichita Mountains Wildlife

Refuge; and not less than $1,000,000 for high priority projects

within the scope of the approved budget which shall be carried

out by the Youth Conservation Corps as authorized by the Act

of August 13, 1970, as amended by Public Law 93–408,

$501,010,000, to remain available for obligation until September

30, 1997, of which $4,000,000 shall be available for activities under

section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533),

of which $11,557,000 shall be available until expended for operation

and maintenance of fishery mitigation facilities constructed by the

Corps of Engineers under the Lower Snake River Compensation

Plan, authorized by the Water Resources Development Act of 1976

(90 Stat. 2921), to compensate for loss of fishery resources from

water development projects on the Lower Snake River: Provided,

That unobligated and unexpended balances in the Resource

Management account at the end of fiscal year 1995, shall be merged

with and made a part of the fiscal year 1996 Resource Management

appropriation, and shall remain available for obligation until

September 30, 1997: Provided further, That no monies appropriated

under this or any other Act shall be used by the Secretary of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–160

the Interior or by the Secretary of Commerce to implement subsections (a), (b), (c), (e), (g) or (i) of section 4 of the Endangered

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

reauthorizing the Act is enacted or until the end of fiscal year

1996, whichever is earlier, except that monies may be used to

delist or reclassify species pursuant to sections 4(a)(2)(B),

4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species Act, and

to issue emergency listings under section 4(b)(7) of the Endangered

Species Act: Provided further, That the President is authorized

to suspend the provisions of the preceeding proviso if he determines

that such suspension is appropriate based upon the public interest

in sound environmental management, sustainable resource use,

protection of national or locally-affected interests, or protection

of any cultural, biological or historic resources. Any suspension

by the President shall take effect on such date, and continue in

effect for such period (not to extend beyond the period in which

the preceeding proviso would otherwise be in effect), as the President may determine, and shall be reported to the Congress.

CONSTRUCTION

For construction and acquisition of buildings and other facilities

required in the conservation, management, investigation, protection,

and utilization of fishery and wildlife resources, and the acquisition

of lands and interests therein; $37,655,000, to remain available

until expended.

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment activities by

the Department of the Interior necessary to carry out the provisions

of the Comprehensive Environmental Response, Compensation, and

Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water

Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the

Oil Pollution Act of 1990 (Public Law 101–380), and the Act of

July 27, 1990 (Public Law 101–337); $4,000,000, to remain available

until expended: Provided, That sums provided by any party in

fiscal year 1996 and thereafter are not limited to monetary payments and may include stocks, bonds or other personal or real

property, which may be retained, liquidated or otherwise disposed

of by the Secretary and such sums or properties shall be utilized

for the restoration of injured resources, and to conduct new damage

assessment activities.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of land or waters, or interest therein, in accordance with statutory

authority applicable to the United States Fish and Wildlife Service,

$36,900,000, to be derived from the Land and Water Conservation

Fund, to remain available until expended.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531–1543), as amended

by Public Law 100–478, $8,085,000 for grants to States, to be

43 USC 1474b–1.

President.

Reports.
110 STAT. 1321–161 PUBLIC LAW 104–134—APR. 26, 1996

derived from the Cooperative Endangered Species Conservation

Fund, and to remain available until expended.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $10,779,000.

REWARDS AND OPERATIONS

For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,

4221–4225, 4241–4245, and 1538), $600,000, to remain available

until expended.

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

American Wetlands Conservation Act, Public Law 101–233,

$6,750,000, to remain available until expended.

LAHONTAN VALLEY AND PYRAMID LAKE FISH AND WILDLIFE FUND

For carrying out section 206(f) of Public Law 101–618, such

sums as have previously been credited or may be credited hereafter

to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund,

to be available until expended without further appropriation.

RHINOCEROS AND TIGER CONSERVATION FUND

For deposit to the Rhinoceros and Tiger Conservation Fund, $200,000, to remain available until expended, to be available to

carry out the provisions of the Rhinoceros and Tiger Conservation

Act of 1994 (Public Law 103–391).

WILDLIFE CONSERVATION AND APPRECIATION FUND

For deposit to the Wildlife Conservation and Appreciation Fund, $800,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed

113 passenger motor vehicles; not to exceed $400,000 for payment,

at the discretion of the Secretary, for information, rewards, or

evidence concerning violations of laws administered by the United

States Fish and Wildlife Service, and miscellaneous and emergency

expenses of enforcement activities, authorized or approved by the

Secretary and to be accounted for solely on his certificate; repair

of damage to public roads within and adjacent to reservation areas

caused by operations of the United States Fish and Wildlife Service;

options for the purchase of land at not to exceed $1 for each

option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and

the maintenance and improvement of aquaria, buildings, and other

facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which

are utilized pursuant to law in connection with management and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–162

investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost

sharing and partnership arrangements authorized by law, procure

printing services from cooperators in connection with jointly-produced publications for which the cooperators share at least onehalf the cost of printing either in cash or services and the Service

determines the cooperator is capable of meeting accepted quality

standards: Provided further, That the United States Fish and Wildlife Service may accept donated aircraft as replacements for existing

aircraft: Provided further, That notwithstanding any other provision

of law, the Secretary of the Interior may not spend any of the

funds appropriated in this Act for the purchase of lands or interests

in lands to be used in the establishment of any new unit of the

National Wildlife Refuge System unless the purchase is approved

in advance by the House and Senate Committees on Appropriations

in compliance with the reprogramming procedures contained in

House Report 103–551: Provided further, That none of the funds

made available in this Act may be used by the U.S. Fish and

Wildlife Service to impede or delay the issuance of a wetlands

permit by the U.S. Army Corps of Engineers to the City of Lake

Jackson, Texas, for the development of a public golf course west

of Buffalo Camp Bayou between the Brazos River and Highway

332: Provided further, That the Director of the Fish and Wildlife

Service may charge reasonable fees for expenses to the Federal

Government for providing training by the National Education and

Training Center: Provided further, That all training fees collected

shall be available to the Director, until expended, without further

appropriation, to be used for the costs of training and education

provided by the National Education and Training Center: Provided

further, That with respect to lands leased for farming pursuant

to Public Law 88–567, if for any reason the Secretary disapproves

for use in 1996 or does not finally approve for use in 1996 any

pesticide or chemical which was approved for use in 1995 or had

been requested for use in 1996 by the submission of a pesticide

use proposal as of September 19, 1995, none of the funds in this

Act may be used to develop, implement, or enforce regulations

or policies (including pesticide use proposals) related to the use

of chemicals and pest management that are more restrictive than

the requirements of applicable State and Federal laws related to

the use of chemicals and pest management practices on non-Federal

lands.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and

maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking

permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $1,593,000

for the Volunteers-in-Parks program, and not less than $1,000,000

for high priority projects within the scope of the approved budget

which shall be carried out by the Youth Conservation Corps as

authorized by the Act of August 13, 1970, as amended by Public

Law 93–408, $1,082,481,000, without regard to the Act of August

24, 1912, as amended (16 U.S.C. 451), of which not to exceed

$72,000,000, to remain available until expended is to be derived
110 STAT. 1321–163 PUBLIC LAW 104–134—APR. 26, 1996

from the special fee account established pursuant to title V, section

5201, of Public Law 100–203.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and

review, international park affairs, statutory or contractual aid for

other activities, and grant administration, not otherwise provided

for, $37,649,000: Provided, That $236,000 of the funds provided

herein are for the William O. Douglas Outdoor Education Center,

subject to authorization.

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the provisions of the

Historic Preservation Act of 1966 (80 Stat. 915), as amended (16

U.S.C. 470), $36,212,000, to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended,

to remain available for obligation until September 30, 1997.

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, $143,225,000, to remain available until expended:

Provided, That not to exceed $4,500,000 of the funds provided

herein shall be paid to the Army Corps of Engineers for modifications authorized by section 104 of the Everglades National Park

Protection and Expansion Act of 1989: Provided further, That funds

provided under this head, derived from the Historic Preservation

Fund, established by the Historic Preservation Act of 1966

(80 Stat. 915), as amended (16 U.S.C. 470), may be available

until expended to render sites safe for visitors and for building

stabilization.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 1996 by 16

U.S.C. 460l–10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of lands or waters, or interest therein, in accordance with statutory

authority applicable to the National Park Service, $49,100,000,

to be derived from the Land and Water Conservation Fund, to

remain available until expended, and of which $1,500,000 is to

administer the State assistance program: Provided, That any funds

made available for the purpose of acquisition of the Elwha and

Glines dams shall be used solely for acquisition, and shall not

be expended until the full purchase amount has been appropriated

by the Congress.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 518 passenger motor vehicles,

16 USC 460l–10a

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–164

of which 323 shall be for replacement only, including not to exceed

411 for police-type use, 12 buses, and 5 ambulances: Provided, That none of the funds appropriated to the National Park Service

may be used to process any grant or contract documents which

do not include the text of 18 U.S.C. 1913: Provided further, That

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the

expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

of more than three calendar days to a day certain) from the receipt

by the Speaker of the House of Representatives and the President

of the Senate of a full and comprehensive report on the development

of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.

None of the funds in this Act may be spent by the National

Park Service for activities taken in direct response to the United

Nations Biodiversity Convention.

The National Park Service may enter into cooperative agreements that involve the transfer of National Park Service appropriated funds to State, local and tribal governments, other public

entities, educational institutions, and private nonprofit organizations for the public purpose of carrying out National Park Service

programs.

The National Park Service shall, within existing funds, conduct

a Feasibility Study for a northern access route into Denali National

Park and Preserve in Alaska, to be completed within one year

of the enactment of this Act and submitted to the House and

Senate Committees on Appropriations and to the Senate Committee

on Energy and Natural Resources and the House Committee on

Resources. The Feasibility Study shall ensure that resource impacts

from any plan to create such access route are evaluated with

accurate information and according to a process that takes into

consideration park values, visitor needs, a full range of alternatives,

the viewpoints of all interested parties, including the tourism industry and the State of Alaska, and potential needs for compliance

with the National Environmental Policy Act. The Study shall also

address the time required for development of alternatives and identify all associated costs.

This Feasibility Study shall be conducted solely by the National

Park Service planning personnel permanently assigned to National

Park Service offices located in the State of Alaska in consultation

with the State of Alaska Department of Transportation.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

to perform surveys, investigations, and research covering topography, geology, hydrology, and the mineral and water resources

of the United States, its Territories and possessions, and other

areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify

lands as to their mineral and water resources; give engineering

supervision to power permittees and Federal Energy Regulatory

Commission licensees; administer the minerals exploration program

(30 U.S.C. 641); and publish and disseminate data relative to the

16 USC 347 note.

Alaska.

16 USC 347 note.
110 STAT. 1321–165 PUBLIC LAW 104–134—APR. 26, 1996

foregoing activities; and to conduct inquiries into the economic

conditions affecting mining and materials processing industries (30

U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

as authorized by law and to publish and disseminate data;

$730,163,000, of which $62,130,000 shall be available for cooperation with States or municipalities for water resources investigations,

and of which $137,000,000 for resource research and the operations

of Cooperative Research Units shall remain available until September 30, 1997, and of which $16,000,000 shall remain available

until expended for conducting inquiries into the economic conditions

affecting mining and materials processing industries: Provided,

That no part of this appropriation shall be used to pay more

than one-half the cost of any topographic mapping or water

resources investigations carried on in cooperation with any State

or municipality: Provided further, That funds available herein for

resource research may be used for the purchase of not to exceed

61 passenger motor vehicles, of which 55 are for replacement only:

Provided further, That none of the funds available under this head

for resource research shall be used to conduct new surveys on

private property, including new aerial surveys for the designation

of habitat under the Endangered Species Act, except when it is

made known to the Federal official having authority to obligate

or expend such funds that the survey or research has been requested

and authorized in writing by the property owner or the owner’s

authorized representative: Provided further, That none of the funds

provided herein for resource research may be used to administer

a volunteer program when it is made known to the Federal official

having authority to obligate or expend such funds that the volunteers are not properly trained or that information gathered by

the volunteers is not carefully verified: Provided further, That no

later than April 1, 1996, the Director of the United States Geological

Survey shall issue agency guidelines for resource research that

ensure that scientific and technical peer review is utilized as fully

as possible in selection of projects for funding and ensure the

validity and reliability of research and data collection on Federal

lands: Provided further, That no funds available for resource

research may be used for any activity that was not authorized

prior to the establishment of the National Biological Survey: Provided further, That once every five years the National Academy

of Sciences shall review and report on the resource research activities of the Survey: Provided further, That if specific authorizing

legislation is enacted during or before the start of fiscal year 1996,

the resource research component of the Survey should comply with

the provisions of that legislation: Provided further, That unobligated

and unexpended balances in the National Biological Survey,

Research, inventories and surveys account at the end of fiscal

year 1995, shall be merged with and made a part of the United

States Geological Survey, Surveys, investigations, and research

account and shall remain available for obligation until September

30, 1996: Provided further, That the authority granted to the United

States Bureau of Mines to conduct mineral surveys and to determine

mineral values by section 603 of Public Law 94–579 is hereby

transferred to, and vested in, the Director of the United States

Geological Survey.

Government

organization.

43 USC 1782

note.

Reports.

43 USC 31i.

Guidelines.

43 USC 50.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–166

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological Survey shall be available for purchase of not to exceed 22 passenger

motor vehicles, for replacement only; reimbursement to the General

Services Administration for security guard services; contracting for

the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively

determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells;

expenses of the United States National Committee on Geology;

and payment of compensation and expenses of persons on the

rolls of the United States Geological Survey appointed, as authorized by law, to represent the United States in the negotiation

and administration of interstate compacts: Provided, That activities

funded by appropriations herein made may be accomplished through

the use of contracts, grants, or cooperative agreements as defined

in 31 U.S.C. 6302, et seq.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

studies, regulation of industry operations, and collection of royalties,

as authorized by law; for enforcing laws and regulations applicable

to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;

including the purchase of not to exceed eight passenger motor

vehicles for replacement only; $182,555,000, of which not less than

$70,105,000 shall be available for royalty management activities;

and an amount not to exceed $15,400,000 for the Technical Information Management System and Related Activities of the Outer Continental Shelf (OCS) Lands Activity, to be credited to this appropriation and to remain available until expended, from additions to

receipts resulting from increases to rates in effect on August 5,

1993, from rate increases to fee collections for OCS administrative

activities performed by the Minerals Management Service over and

above the rates in effect on September 30, 1993, and from additional

fees for OCS administrative activities established after September

30, 1993: Provided, That beginning in fiscal year 1996 and thereafter, fees for royalty rate relief applications shall be established

(and revised as needed) in Notices to Lessees, and shall be credited

to this account in the program areas performing the function, and

remain available until expended for the costs of administering the

royalty rate relief authorized by 43 U.S.C. 1337(a)(3): Provided

further, That $1,500,000 for computer acquisitions shall remain

available until September 30, 1997: Provided further, That funds

appropriated under this Act shall be available for the payment

of interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided

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

expenses related to promoting volunteer beach and marine cleanup

activities: Provided further, That notwithstanding any other provision of law, $15,000 under this head shall be available for refunds

of overpayments in connection with certain Indian leases in which

the Director of the Minerals Management Service concurred with

the claimed refund due, to pay amounts owed to Indian allottees

43 USC 1337

note.
110 STAT. 1321–167 PUBLIC LAW 104–134—APR. 26, 1996

or Tribes, or to correct prior unrecoverable erroneous payments:

Provided further, That beginning in fiscal year 1996 and thereafter,

the Secretary shall take appropriate action to collect unpaid and

underpaid royalties and late payment interest owed by Federal

and Indian mineral lessees and other royalty payors on amounts

received in settlement or other resolution of disputes under, and

for partial or complete termination of, sales agreements for minerals

from Federal and Indian leases.

OIL SPILL RESEARCH

For necessary expenses to carry out the purposes of title I,

section 1016, title IV, sections 4202 and 4303, title VII, and title

VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000,

which shall be derived from the Oil Spill Liability Trust Fund,

to remain available until expended.

BUREAU OF MINES

MINES AND MINERALS

For expenses necessary for, and incidental to, the closure of

the United States Bureau of Mines, $64,000,000, to remain available

until expended, of which not to exceed $5,000,000 may be used

for the completion and/or transfer of certain ongoing projects within

the United States Bureau of Mines, such projects to be identified

by the Secretary of the Interior within 90 days of enactment of

this Act: Provided, That there hereby are transferred to, and vested

in, the Secretary of Energy: (1) the functions pertaining to the

promotion of health and safety in mines and the mineral industry

through research vested by law in the Secretary of the Interior

or the United States Bureau of Mines and performed in fiscal

year 1995 by the United States Bureau of Mines at its Pittsburgh

Research Center in Pennsylvania, and at its Spokane Research

Center in Washington; (2) the functions pertaining to the conduct

of inquiries, technological investigations and research concerning

the extraction, processing, use and disposal of mineral substances

vested by law in the Secretary of the Interior or the United States

Bureau of Mines and performed in fiscal year 1995 by the United

States Bureau of Mines under the minerals and materials science

programs at its Pittsburgh Research Center in Pennsylvania, and

at its Albany Research Center in Oregon; and (3) the functions

pertaining to mineral reclamation industries and the development

of methods for the disposal, control, prevention, and reclamation

of mineral waste products vested by law in the Secretary of the

Interior or the United States Bureau of Mines and performed in

fiscal year 1995 by the United States Bureau of Mines at its

Pittsburgh Research Center in Pennsylvania: Provided further,

That, if any of the same functions were performed in fiscal year

1995 at locations other than those listed above, such functions

shall not be transferred to the Secretary of Energy from those

other locations: Provided further, That the Director of the Office

of Management and Budget, in consultation with the Secretary

of Energy and the Secretary of the Interior, is authorized to make

such determinations as may be necessary with regard to the transfer

of functions which relate to or are used by the Department of

the Interior, or component thereof affected by this transfer of functions, and to make such dispositions of personnel, facilities, assets,

Government

organization.

30 USC 1 note.

30 USC 191b.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–168

liabilities, contracts, property, records, and unexpended balances

of appropriations, authorizations, allocations, and other funds held,

used, arising from, available to or to be made available in connection

with, the functions transferred herein as are deemed necessary

to accomplish the purposes of this transfer: Provided further, That

all reductions in personnel complements resulting from the provisions of this Act shall, as to the functions transferred to the Secretary of Energy, be done by the Secretary of the Interior as

though these transfers had not taken place but had been required

of the Department of the Interior by all other provisions of this

Act before the transfers of function became effective: Provided further, That the transfers of function to the Secretary of Energy

shall become effective on the date specified by the Director of

the Office of Management and Budget, but in no event later than

90 days after enactment into law of this Act: Provided further,

That the reference to ‘‘function’’ includes, but is not limited to,

any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be.

ADMINISTRATIVE PROVISIONS

The Secretary is authorized to accept lands, buildings, equipment, other contributions, and fees from public and private sources,

and to prosecute projects using such contributions and fees in

cooperation with other Federal, State or private agencies: Provided,

That the Bureau of Mines is authorized, during the current fiscal

year, to sell directly or through any Government agency, including

corporations, any metal or mineral products that may be manufactured in pilot plants operated by the Bureau of Mines, and the

proceeds of such sales shall be covered into the Treasury as miscellaneous receipts: Provided further, That notwithstanding any

other provision of law, the Secretary is authorized to convey, without

reimbursement, title and all interest of the United States in property and facilities of the United States Bureau of Mines in Juneau,

Alaska, to the City and Borough of Juneau, Alaska; in Tuscaloosa,

Alabama, to the University of Alabama; in Rolla, Missouri, to the

University of Missouri-Rolla; and in other localities to such university or government entities as the Secretary deems appropriate.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law

95–87, as amended, including the purchase of not to exceed 15

passenger motor vehicles for replacement only; $95,470,000, and

notwithstanding 31 U.S.C. 3302, an additional amount shall be

credited to this account, to remain available until expended, from

performance bond forfeitures in fiscal year 1996: Provided, That

notwithstanding any other provision of law, the Secretary of the

Interior, pursuant to regulations, may utilize directly or through

grants to States, moneys collected in fiscal year 1996 pursuant

to the assessment of civil penalties under section 518 of the Surface

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268),

to reclaim lands adversely affected by coal mining practices after

August 3, 1977, to remain available until expended: Provided further, That notwithstanding any other provision of law, appropria- 30 USC 1211

note.

43 USC 1473a

note.

Effective date.
110 STAT. 1321–169 PUBLIC LAW 104–134—APR. 26, 1996

tions for the Office of Surface Mining Reclamation and Enforcement

may provide for the travel and per diem expenses of State and

tribal personnel attending Office of Surface Mining Reclamation

and Enforcement sponsored training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out the provisions of title

IV of the Surface Mining Control and Reclamation Act of 1977,

Public Law 95–87, as amended, including the purchase of not more

than 22 passenger motor vehicles for replacement only,

$173,887,000, to be derived from receipts of the Abandoned Mine

Reclamation Fund and to remain available until expended: Provided, That grants to minimum program States will be $1,500,000

per State in fiscal year 1996: Provided further, That of the funds

herein provided up to $18,000,000 may be used for the emergency

program authorized by section 410 of Public Law 95–87, as amended, of which no more than 25 per centum shall be used for emergency reclamation projects in any one State and funds for Federallyadministered emergency reclamation projects under this proviso

shall not exceed $11,000,000: Provided further, That prior year

unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 per centum limitation per

State and may be used without fiscal year limitation for emergency

projects: Provided further, That pursuant to Public Law 97–365,

the Department of the Interior is authorized to utilize up to 20

per centum from the recovery of the delinquent debt owed to the

United States Government to pay for contracts to collect these

debts: Provided further, That funds made available to States under

title IV of Public Law 95–87 may be used, at their discretion,

for any required non-Federal share of the cost of projects funded

by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants including

expenses necessary to provide education and welfare services for

Indians, either directly or in cooperation with States and other

organizations, including payment of care, tuition, assistance, and

other expenses of Indians in boarding homes, or institutions, or

schools; grants and other assistance to needy Indians; maintenance

of law and order; management, development, improvement, and

protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation

assessments and charges; acquisition of water rights; advances

for Indian industrial and business enterprises; operation of Indian

arts and crafts shops and museums; development of Indian arts

and crafts, as authorized by law; for the general administration

of the Bureau of Indian Affairs, including such expenses in field

offices; maintaining of Indian reservation roads as defined in section

101 of title 23, United States Code; and construction, repair, and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–170

improvement of Indian housing, $1,384,434,000, of which not to

exceed $100,255,000 shall be for welfare assistance grants and

not to exceed $104,626,000 shall be for payments to tribes and

tribal organizations for contract support costs associated with

ongoing contracts or grants or compacts entered into with the

Bureau of Indian Affairs prior to fiscal year 1996, as authorized

by the Indian Self-Determination Act of 1975, as amended, and

up to $5,000,000 shall be for the Indian Self-Determination Fund,

which shall be available for the transitional cost of initial or

expanded tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions

of the Indian Self-Determination Act; and of which not to exceed

$330,711,000 for school operations costs of Bureau-funded schools

and other education programs shall become available for obligation

on July 1, 1996, and shall remain available for obligation until

September 30, 1997; and of which not to exceed $68,209,000 for

higher education scholarships, adult vocational training, and assistance to public schools under the Act of April 16, 1934 (48 Stat.

596), as amended (25 U.S.C. 452 et seq.), shall remain available

for obligation until September 30, 1997; and of which not to exceed

$71,854,000 shall remain available until expended for housing

improvement, road maintenance, attorney fees, litigation support,

self-governance grants, the Indian Self-Determination Fund, and

the Navajo-Hopi Settlement Program: Provided, That tribes and

tribal contractors may use their tribal priority allocations for unmet

indirect costs of ongoing contracts, grants or compact agreements:

Provided further, That funds made available to tribes and tribal

organizations through contracts or grants obligated during fiscal

year 1996, as authorized by the Indian Self-Determination Act

of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized

by the Indian Education Amendments of 1988 (25 U.S.C. 2001

and 2008A) shall remain available until expended by the contractor

or grantee: Provided further, That to provide funding uniformity

within a Self-Governance Compact, any funds provided in this

Act with availability for more than one year may be reprogrammed

to one year availability but shall remain available within the Compact until expended: Provided further, That notwithstanding any

other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change

eligibility for general assistance or change the amount of general

assistance payments for individuals within the service area of such

tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner

to individuals similarly situated: Provided further, That any savings

realized by such changes shall be available for use in meeting

other priorities of the tribes: Provided further, That any net increase

in costs to the Federal Government which result solely from tribally

increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority

allocation: Provided further, That any forestry funds allocated to

a tribe which remain unobligated as of September 30, 1996, may

be transferred during fiscal year 1997 to an Indian forest land

assistance account established for the benefit of such tribe within

the tribe’s trust fund account: Provided further, That any such

unobligated balances not so transferred shall expire on September

30, 1997: Provided further, That notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs,
110 STAT. 1321–171 PUBLIC LAW 104–134—APR. 26, 1996

other than the amounts provided herein for assistance to public

schools under the Act of April 16, 1934 (48 Stat. 596), as amended

(25 U.S.C. 452 et seq.), shall be available to support the operation

of any elementary or secondary school in the State of Alaska in

fiscal year 1996: Provided further, That funds made available in

this or any other Act for expenditure through September 30, 1997

for schools funded by the Bureau of Indian Affairs shall be available

only to the schools which are in the Bureau of Indian Affairs

school system as of September 1, 1995: Provided further, That

no funds available to the Bureau of Indian Affairs shall be used

to support expanded grades for any school beyond the grade structure in place at each school in the Bureau of Indian Affairs school

system as of October 1, 1995: Provided further, That notwithstanding the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the

recommendation of a local school board for a Bureau of Indian

Affairs operated school, the Secretary shall establish rates of basic

compensation or annual salary rates for the positions of teachers

and counselors (including dormitory and homeliving counselors)

at the school at a level not less than that for comparable positions

in public school districts in the same geographic area, to become

effective on July 1, 1997: Provided further, That of the funds available only through September 30, 1995, not to exceed $8,000,000

in unobligated and unexpended balances in the Operation of Indian

Programs account shall be merged with and made a part of the

fiscal year 1996 Operation of Indian Programs appropriation, and

shall remain available for obligation for employee severance, relocation, and related expenses, until September 30, 1996.

CONSTRUCTION

For construction, major repair, and improvement of irrigation

and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition

of lands and interests in lands; and preparation of lands for farming,

$100,833,000, to remain available until expended: Provided, That

such amounts as may be available for the construction of the

Navajo Indian Irrigation Project and for other water resource development activities related to the Southern Arizona Water Rights

Settlement Act may be transferred to the Bureau of Reclamation:

Provided further, That not to exceed 6 per centum of contract

authority available to the Bureau of Indian Affairs from the Federal

Highway Trust Fund may be used to cover the road program

management costs of the Bureau of Indian Affairs: Provided further,

That any funds provided for the Safety of Dams program pursuant

to 25 U.S.C. 13 shall be made available on a non-reimbursable

basis: Provided further, That for the fiscal year ending September

30, 1996, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are

provided to tribally controlled grant schools under Public Law 100–

297, as amended, the Secretary of the Interior shall use the

Administrative and Audit Requirements and Cost Principles for

Assistance Programs contained in 43 CFR part 12 as the regulatory

requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee

shall negotiate and determine a schedule of payments for the work

to be performed: Provided further, That in considering applications,

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

25 USC 2012

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–172

projects conform to applicable building standards and codes and

Federal, tribal, or State health and safety standards as required

by 25 U.S.C. 2005(a), with respect to organizational and financial

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

contained in 25 U.S.C. 2505(f): Provided further, That any disputes

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2508(e).

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals

and for necessary administrative expenses, $80,645,000, to remain

available until expended; of which $78,600,000 shall be available

for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 87–483, 97–293, 101–618, 102–

374, 102–441, 102–575, and 103–116, and for implementation of

other enacted water rights settlements, including not to exceed

$8,000,000, which shall be for the Federal share of the Catawba

Indian Tribe of South Carolina Claims Settlement, as authorized

by section 5(a) of Public Law 103–116; and of which $1,045,000

shall be available pursuant to Public Laws 98–500, 99–264, and

100–580; and of which $1,000,000 shall be available (1) to liquidate

obligations owed tribal and individual Indian payees of any checks

canceled pursuant to section 1003 of the Competitive Equality Banking Act of 1987 (Public Law 100–86 (101 Stat. 659)), 31 U.S.C.

3334(b), (2) to restore to Individual Indian Monies trust funds,

Indian Irrigation Systems, and Indian Power Systems accounts

amounts invested in credit unions or defaulted savings and loan

associations and which were not Federally insured, and (3) to

reimburse Indian trust fund account holders for losses to their

respective accounts where the claim for said loss(es) has been

reduced to a judgment or settlement agreement approved by the

Department of Justice.

TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

For payment of management and technical assistance requests

associated with loans and grants approved under the Indian Financing Act of 1974, as amended, $500,000.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans $4,500,000, as authorized

by the Indian Financing Act of 1974, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974,

as amended: Provided further, That these funds are available to

subsidize total loan principal, any part of which is to be guaranteed,

not to exceed $35,914,000.

In addition, for administrative expenses necessary to carry

out the guaranteed loan program, $500,000.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Indian Affairs shall be available for expenses of exhibits, and purchase of not to exceed 275
110 STAT. 1321–173 PUBLIC LAW 104–134—APR. 26, 1996

passenger carrying motor vehicles, of which not to exceed 215

shall be for replacement only.

TERRITORIAL AND INTERNATIONAL AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the

jurisdiction of the Department of the Interior, $65,188,000, of which

(1) $61,661,000 shall be available until expended for technical

assistance, including maintenance assistance, disaster assistance,

insular management controls, and brown tree snake control and

research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants

to the Government of American Samoa, in addition to current

local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized

by law; grants to the Government of Guam, as authorized by law;

and grants to the Government of the Northern Mariana Islands

as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)

$3,527,000 shall be available for salaries and expenses of the Office

of Insular Affairs: Provided, That all financial transactions of the

territorial and local governments herein provided for, including

such transactions of all agencies or instrumentalities established

or utilized by such governments, may be audited by the General

Accounting Office, at its discretion, in accordance with chapter

35 of title 31, United States Code: Provided further, That Northern

Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives

on Future United States Financial Assistance for the Northern

Mariana Islands approved by Public Law 99–396, or any subsequent

legislation related to Commonwealth of the Northern Mariana

Islands Covenant grant funding: Provided further, That of the

amounts provided for technical assistance, sufficient funding shall

be made available for a grant to the Close Up Foundation: Provided

further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine

operations and maintenance of capital infrastructure in American

Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the

Marshall Islands, and the Federated States of Micronesia through

assessments of long-range operations and maintenance needs,

improved capability of local operations and maintenance institutions

and agencies (including management and vocational education

training), and project-specific maintenance (with territorial participation and cost sharing to be determined by the Secretary based

on the individual territory’s commitment to timely maintenance

of its capital assets): Provided further, That any appropriation for

disaster assistance under this head in this Act or previous appropriations Acts may be used as non-Federal matching funds for

the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5170c).

COMPACT OF FREE ASSOCIATION

For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands

48 USC 1469b.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–174

as provided for in sections 122, 221, 223, 232, and 233 of the

Compacts of Free Association, and for economic assistance and

necessary expenses for the Republic of Palau as provided for in

sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $24,938,000, to remain available until expended, as authorized

by Public Law 99–239 and Public Law 99–658: Provided, That

notwithstanding section 112 of Public Law 101–219 (103 Stat. 1873),

the Secretary of the Interior may agree to technical changes in

the specifications for the project described in the subsidiary agreement negotiated under section 212(a) of the Compact of Free

Association, Public Law 99–658, or its annex, if the changes do

not result in increased costs to the United States.

DEPARTMENTAL OFFICES

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department

of the Interior, $56,912,000, of which not to exceed $7,500 may

be for official reception and representation expenses.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$34,427,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$23,939,000.

CONSTRUCTION MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Construction Management, $500,000.

NATIONAL INDIAN GAMING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100–497, $1,000,000: Provided, That

on March 1, 1996, the Chairman shall submit to the Secretary

a report detailing those Indian tribes or tribal organizations with

gaming operations that are in full compliance, partial compliance,

or non-compliance with the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701, et seq.): Provided further, That the

information contained in the report shall be updated on a continuing

basis.

Reports.
110 STAT. 1321–175 PUBLIC LAW 104–134—APR. 26, 1996

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,

$16,338,000, of which $15,891,000 shall remain available until

expended for trust funds management: Provided, That funds made

available to tribes and tribal organizations through contracts or

grants obligated during fiscal year 1996, as authorized by the

Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.

450 et seq.), shall remain available until expended by the contractor

or grantee: Provided further, That notwithstanding any other provision of law, the statute of limitations shall not commence to run

on any claim, including any claim in litigation pending on the

date of this Act, concerning losses to or mismanagement of trust

funds, until the affected tribe or individual Indian has been furnished with the accounting of such funds from which the beneficiary

can determine whether there has been a loss: Provided further,

That obligated and unobligated balances provided for trust funds

management within ‘‘Operation of Indian programs’’, Bureau of

Indian Affairs are hereby transferred to and merged with this

appropriation.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That notwithstanding any other provision of law, existing aircraft

being replaced may be sold, with proceeds derived or trade-in value

used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds

in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office

of Inspector General’’ may be augmented through the Working

Capital Fund or the Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 101. Appropriations made in this title shall be available

for expenditure or transfer (within each bureau or office), with

the approval of the Secretary, for the emergency reconstruction,

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or

other unavoidable causes: Provided, That no funds shall be made

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have

been exhausted: Provided further, That all funds used pursuant

to this section are hereby designated by Congress to be ‘‘emergency

requirements’’ pursuant to section 251(b)(2)(D) of the Balanced

Budget and Emergency Deficit Control Act of 1985 and must be

replenished by a supplemental appropriation which must be

requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of forest

or range fires on or threatening lands under the jurisdiction of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–176

the Department of the Interior; for the emergency rehabilitation

of burned-over lands under its jurisdiction; for emergency actions

related to potential or actual earthquakes, floods, volcanoes, storms,

or other unavoidable causes; for contingency planning subsequent

to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention,

suppression, and control of actual or potential grasshopper and

Mormon cricket outbreaks on lands under the jurisdiction of the

Secretary, pursuant to the authority in section 1773(b) of Public

Law 99–198 (99 Stat. 1658); for emergency reclamation projects

under section 410 of Public Law 95–87; and shall transfer, from

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit

assumption of regulatory authority in the event a primacy State

is not carrying out the regulatory provisions of the Surface Mining

Act: Provided, That appropriations made in this title for fire

suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft,

or other equipment in connection with their use for fire suppression

purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further,

That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until

funds appropriated to the ‘‘Emergency Department of the Interior

Firefighting Fund’’ shall have been exhausted: Provided further,

That all funds used pursuant to this section are hereby designated

by Congress to be ‘‘emergency requirements’’ pursuant to section

251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control

Act of 1985 and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided

further, That such replenishment funds shall be used to reimburse,

on a pro rata basis, accounts from which emergency funds were

transferred.

SEC. 103. Appropriations made in this title shall be available

for operation of warehouses, garages, shops, and similar facilities,

wherever consolidation of activities will contribute to efficiency or

economy, and said appropriations shall be reimbursed for services

rendered to any other activity in the same manner as authorized

by sections 1535 and 1536 of title 31, United States Code: Provided,

That reimbursements for costs and supplies, materials, equipment,

and for services rendered may be credited to the appropriation

current at the time such reimbursements are received.

SEC. 104. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount

not to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment

of dues, when authorized by the Secretary, for library membership

in societies or associations which issue publications to members

only or at a price to members lower than to subscribers who

are not members.

SEC. 105. Appropriations available to the Department of the

Interior for salaries and expenses shall be available for uniforms
110 STAT. 1321–177 PUBLIC LAW 104–134—APR. 26, 1996

or allowances therefor, as authorized by law (5 U.S.C. 5901–5902

and D.C. Code 4–204).

SEC. 106. Appropriations made in this title shall be available

for obligation in connection with contracts issued for services or

rentals for periods not in excess of twelve months beginning at

any time during the fiscal year.

SEC. 107. Appropriations made in this title from the Land

and Water Conservation Fund for acquisition of lands and waters,

or interests therein, shall be available for transfer, with the

approval of the Secretary, between the following accounts: Bureau

of Land Management, Land acquisition, United States Fish and

Wildlife Service, Land acquisition, and National Park Service, Land

acquisition and State assistance. Use of such funds are subject

to the reprogramming guidelines of the House and Senate Committees on Appropriations.

SEC. 108. Prior to the transfer of Presidio properties to the

Presidio Trust, when authorized, the Secretary may not obligate

in any calendar month more than 1⁄12 of the fiscal year 1996

appropriation for operation of the Presidio: Provided, That this

section shall expire on December 31, 1995.

SEC. 109. Section 6003 of Public Law 101–380 is hereby

repealed.

SEC. 110. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended by the Secretary

of the Interior for developing, promulgating, and thereafter

implementing a rule concerning rights-of-way under section 2477

of the Revised Statutes.

SEC. 111. No funds provided in this title may be expended

by the Department of the Interior for the conduct of offshore leasing

and related activities placed under restriction in the President’s

moratorium statement of June 26, 1990, in the areas of Northern,

Central, and Southern California; the North Atlantic; Washington

and Oregon; and the Eastern Gulf of Mexico south of 26 degrees

north latitude and east of 86 degrees west longitude.

SEC. 112. No funds provided in this title may be expended

by the Department of the Interior for the conduct of leasing, or

the approval or permitting of any drilling or other exploration

activity, on lands within the North Aleutian Basin planning area.

SEC. 113. No funds provided in this title may be expended

by the Department of the Interior for the conduct of preleasing

and leasing activities in the Eastern Gulf of Mexico for Outer

Continental Shelf Lease Sale 151 in the Outer Continental Shelf

Natural Gas and Oil Resource Management Comprehensive Program, 1992–1997.

SEC. 114. No funds provided in this title may be expended

by the Department of the Interior for the conduct of preleasing

and leasing activities in the Atlantic for Outer Continental Shelf

Lease Sale 164 in the Outer Continental Shelf Natural Gas and

Oil Resource Management Comprehensive Program, 1992–1997.

SEC. 115. (a) Of the funds appropriated by this Act or any

subsequent Act providing for appropriations in fiscal years 1996

and 1997, not more than 50 percent of any self-governance funds

that would otherwise be allocated to each Indian tribe in the State

of Washington shall actually be paid to or on account of such

Indian tribe from and after the time at which such tribe shall—

(1) take unilateral action that adversely impacts the existing rights to and/or customary uses of, nontribal member ownNative

Americans.

Washington.

33 USC 2753.

Termination

date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–178

ers of fee simple land within the exterior boundary of the

tribe’s reservation to water, electricity, or any other similar

utility or necessity for the nontribal members’ residential use

of such land; or

(2) restrict or threaten to restrict said owners use of or

access to publicly maintained rights-of-way necessary or desirable in carrying the utilities or necessities described above.

(b) Such penalty shall not attach to the initiation of any legal

actions with respect to such rights or the enforcement of any final

judgments, appeals from which have been exhausted, with respect

thereto.

SEC. 116. Within 30 days after the enactment of this Act,

the Department of the Interior shall issue a specific schedule for

the completion of the Lake Cushman Land Exchange Act (Public

Law 102–436) and shall complete the exchange not later than

September 30, 1996.

SEC. 117. Notwithstanding Public Law 90–544, as amended,

the National Park Service is authorized to expend appropriated

funds for maintenance and repair of the Company Creek Road

in the Lake Chelan National Recreation Area: Provided, That appropriated funds shall not be expended for the purpose of improving

the property of private individuals unless specifically authorized

by law.

SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat. 263)

as added by section 10 of Public Law 99–396 is amended by deleting

‘‘until Congress otherwise provides by law.’’ and inserting in lieu

thereof: ‘‘except that, for fiscal years 1996 through 2002, payments

to the Commonwealth of the Northern Mariana Islands pursuant

to the multi-year funding agreements contemplated under the Covenant shall be $11,000,000 annually, subject to an equal local

match and all other requirements set forth in the Agreement of

the Special Representatives on Future Federal Financial Assistance

of the Northern Mariana Islands, executed on December 17, 1992

between the special representative of the President of the United

States and special representatives of the Governor of the Northern

Mariana Islands with any additional amounts otherwise made available under this section in any fiscal year and not required to

meet the schedule of payments in this subsection to be provided

as set forth in subsection (c) until Congress otherwise provides

by law.

‘‘(c) The additional amounts referred to in subsection (b) shall

be made available to the Secretary for obligation as follows:

‘‘(1) for fiscal years 1996 through 2001, $4,580,000 annually

for capital infrastructure projects as Impact Aid for Guam

under section 104(c)(6) of Public Law 99–239;

‘‘(2) for fiscal year 1996, $7,700,000 shall be provided for

capital infrastructure projects in American Samoa; $4,420,000

for resettlement of Rongelap Atoll; and

‘‘(3) for fiscal years 1997 and thereafter, all such amounts

shall be available solely for capital infrastructure projects in

Guam, the Virgin Islands, American Samoa, the Commonwealth

of the Northern Mariana Islands, the Republic of Palau, the

Federated States of Micronesia and the Republic of the Marshall Islands: Provided, That, in fiscal year 1997, $3,000,000

of such amounts shall be made available to the College of

the Northern Marianas and beginning in fiscal year 1997, and

in each year thereafter, not to exceed $3,000,000 may be alloNorthern

Mariana Islands.

48 USC 1804.

16 USC 251 note.
110 STAT. 1321–179 PUBLIC LAW 104–134—APR. 26, 1996

cated, as provided in appropriations Acts, to the Secretary

of the Interior for use by Federal agencies or the Commonwealth of the Northern Mariana Islands to address immigration, labor, and law enforcement issues in the Northern

Mariana Islands. The specific projects to be funded in American

Samoa shall be set forth in a five-year plan for infrastructure

assistance developed by the Secretary of the Interior in consultation with the American Samoa Government and updated

annually and submitted to the Congress concurrent with the

budget justifications for the Department of the Interior. In

developing budget recommendations for capital infrastructure

funding, the Secretary shall indicate the highest priority

projects, consider the extent to which particular projects are

part of an overall master plan, whether such project has been

reviewed by the Corps of Engineers and any recommendations

made as a result of such review, the extent to which a setaside for maintenance would enhance the life of the project,

the degree to which a local cost-share requirement would be

consistent with local economic and fiscal capabilities, and may

propose an incremental set-aside, not to exceed $2,000,000 per

year, to remain available without fiscal year limitation, as

an emergency fund in the event of natural or other disasters

to supplement other assistance in the repair, replacement, or

hardening of essential facilities: Provided further, That the

cumulative amount set aside for such emergency fund may

not exceed $10,000,000 at any time.

‘‘(d) Within the amounts allocated for infrastructure pursuant

to this section, and subject to the specific allocations made in

subsection (c), additional contributions may be made, as set forth

in appropriations Acts, to assist in the resettlement of Rongelap

Atoll: Provided, That the total of all contributions from any Federal

source after enactment of this Act may not exceed $32,000,000

and shall be contingent upon an agreement, satisfactory to the

President, that such contributions are a full and final settlement

of all obligations of the United States to assist in the resettlement

of Rongelop Atoll and that such funds will be expended solely

on resettlement activities and will be properly audited and

accounted for. In order to provide such contributions in a timely

manner, each Federal agency providing assistance or services, or

conducting activities, in the Republic of the Marshall Islands, is

authorized to make funds available through the Secretary of the

Interior, to assist in the resettlement of Rongelap. Nothing in

this subsection shall be construed to limit the provision of ex

gratia assistance pursuant to section 105(c)(2) of the Compact of

Free Association Act of 1985 (Public Law 99–239, 99 Stat. 1770,

1792) including for individuals choosing not to resettle at Rongelap,

except that no such assistance for such individuals may be provided

until the Secretary notifies the Congress that the full amount

of all funds necessary for resettlement at Rongelap has been provided.’’.

SEC. 119. (a) Until the National Park Service has prepared

a final conceptual management plan for the Mojave National Preserve that incorporates traditional multiple uses of the region,

the Secretary of the Interior shall not take any action to change

the management of the area which differs from the historical

management practices of the Bureau of Land Management. Prior

to using any funds in excess of $1,100,000 for operation of the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–180

Preserve in fiscal year 1996, the Secretary must obtain the approval

of the House and Senate Committees on Appropriations. This provision expires on September 30, 1996.

(b) The President is authorized to suspend the provisions of

subsection (a) of this section if he determines that such suspension

is appropriate based upon the public interest in sound environmental management, sustainable resource use, protection of

national or locally-affected interests, or protection of any cultural,

biological or historic resources. Any suspension by the President

shall take effect on such date, and continue in effect for such

period (not to extend beyond the period in which subsection (a)

would otherwise be in effect), as the President may determine,

and shall be reported to the Congress.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST RESEARCH

For necessary expenses of forest research as authorized by

law, $178,000,000, to remain available until September 30, 1997.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions,

and others and for forest pest management activities, cooperative

forestry and education and land conservation activities,

$136,884,000, to remain available until expended, as authorized

by law: Provided, That of funds available under this heading for

Pacific Northwest Assistance in this or prior appropriations Acts,

$200,000 shall be provided to the World Forestry Center for purposes of continuing scientific research and other authorized efforts

regarding the land exchange efforts in the Umpqua River Basin

Region.

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, for ecosystem planning, inventory, and monitoring, and for administrative expenses associated

with the management of funds provided under the heads ‘‘Forest

Research’’, ‘‘State and Private Forestry’’, ‘‘National Forest System’’,

‘‘Construction’’, ‘‘Fire Protection and Emergency Suppression’’, and

‘‘Land Acquisition’’, $1,257,057,000, to remain available for obligation until September 30, 1997, and including 65 per centum of

all monies received during the prior fiscal year as fees collected

under the Land and Water Conservation Fund Act of 1965, as

amended, in accordance with section 4 of the Act (16 U.S.C. 460l–

6a(i)): Provided, That unobligated and unexpended balances in the

National Forest System account at the end of fiscal year 1995,

shall be merged with and made a part of the fiscal year 1996

National Forest System appropriation, and shall remain available

for obligation until September 30, 1997: Provided further, That

President.

Reports.

Termination

date.
110 STAT. 1321–181 PUBLIC LAW 104–134—APR. 26, 1996

up to $5,000,000 of the funds provided herein for road maintenance

shall be available for the planned obliteration of roads which are

no longer needed.

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression

on or adjacent to National Forest System lands or other lands

under fire protection agreement, and for emergency rehabilitation

of burned over National Forest System lands, $385,485,000, to

remain available until expended: Provided, That unexpended balances of amounts previously appropriated under any other headings

for Forest Service fire activities may be transferred to and merged

with this appropriation: Provided further, That such funds are

available for repayment of advances from other appropriations

accounts previously transferred for such purposes.

CONSTRUCTION

For necessary expenses of the Forest Service, not otherwise

provided for, $163,600,000, to remain available until expended,

for construction and acquisition of buildings and other facilities,

and for construction and repair of forest roads and trails by the

Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C.

101 and 205: Provided, That funds becoming available in fiscal

year 1996 under the Act of March 4, 1913 (16 U.S.C. 501) shall

be transferred to the General Fund of the Treasury of the United

States: Provided further, That not to exceed $50,000,000, to remain

available until expended, may be obligated for the construction

of forest roads by timber purchasers: Provided further, That

$2,500,000 of the funds appropriated herein shall be available for

a grant to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery Center’’ for the construction of the Columbia Gorge Discovery

Center: Provided further, That the Forest Service is authorized

to grant the unobligated balance of funds appropriated in fiscal

year 1995 for the construction of the Columbia Gorge Discovery

Center and related trail construction funds to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery Center’’ to be used for

the same purpose: Provided further, That the Forest Service is

authorized to convey the land needed for the construction of the

Columbia Gorge Discovery Center without cost to the ‘‘Non-Profit

Citizens for the Columbia Gorge Discovery Center’’: Provided further, That notwithstanding any other provision of law, funds originally appropriated under this head in Public Law 101–512 for

the Forest Service share of a new research facility at the University

of Missouri, Columbia, shall be available for a grant to the University of Missouri, as the Federal share in the construction of the

new facility: Provided further, That agreed upon lease of space

in the new facility shall be provided to the Forest Service without

charge for the life of the building.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of land or waters, or interest therein, in accordance with statutory
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–182

authority applicable to the Forest Service, $39,400,000, to be derived

from the Land and Water Conservation Fund, to remain available

until expended: Provided, That funding for specific land acquisitions

are subject to the approval of the House and Senate Committees

on Appropriations.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, to be derived from funds deposited

by State, county, or municipal governments, public school districts,

or other public school authorities pursuant to the Act of December

4, 1967, as amended (16 U.S.C. 484a), to remain available until

expended.

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and

improvement, 50 per centum of all moneys received during the

prior fiscal year, as fees for grazing domestic livestock on lands

in National Forests in the sixteen Western States, pursuant to

section 401(b)(1) of Public Law 94–579, as amended, to remain

available until expended, of which not to exceed 6 per centum

shall be available for administrative expenses associated with onthe-ground range rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to

remain available until expended, to be derived from the fund established pursuant to the above Act.

SOUTHEAST ALASKA ECONOMIC DISASTER FUND

(a) There is hereby established in the Treasury a Southeast

Alaska Economic Disaster Fund. There are hereby appropriated

$110,000,000, which shall be deposited into this account, which

shall be available without further appropriation or fiscal year limitation. All monies from the Fund shall be distributed by the Secretary

of Agriculture in accordance with the provisions set forth herein.

(b) None of the funds provided under this heading shall be

available unless the President exercises the authority provided in

section 325(c) of this Act.

(c)(1) The Secretary shall provide $40,000,000 in direct grants

from the Fund for fiscal year 1996 and $10,000,000 in each of

fiscal years 1997, 1998, and 1999 to communities in Alaska as

follows:

(A) to the City and Borough of Sitka, $8,000,000 in fiscal

year 1996 and $2,000,000 in each of fiscal years 1997, 1998,

and 1999;

Grants.

Alaska.
110 STAT. 1321–183 PUBLIC LAW 104–134—APR. 26, 1996

(B) to the City of Wrangell, $18,700,000 in fiscal year 1996 and $4,700,000 in each of fiscal years 1997, 1998, and

1999; and

(C) to the City and Borough of Ketchikan, $13,300,000

in fiscal year 1996 and $3,300,000 in each of fiscal years 1997,

1998, and 1999.

(2) The funds provided under paragraph (1) shall be used

to employ former timber workers in Wrangell and Sitka, and for

related community development projects in Sitka, Wrangell, and

Ketchikan.

(3) The Secretary shall allocate an additional $10,000,000 from

the Fund for each of fiscal years 1996, 1997, 1998, and 1999

to communities in Alaska according to the following percentages:

(A) the Borough of Haines, 5.5 percent;

(B) the City and Borough of Juneau, 10.3 percent;

(C) the Ketchikan Gateway Borough, 4.5 percent;

(D) the City and Borough of Sitka, 10.8 percent;

(E) the City and Borough of Yakutat, 7.4 percent; and

(F) the unorganized Boroughs within the Tongass National

Forest, 61.5 percent.

(4) Funds provided pursuant to paragraph (3)(F) shall be allocated by the Secretary of Agriculture to the unorganized Boroughs

in the Tongass National Forest in the same proportion as timber

receipts were made available to such Boroughs in fiscal year 1995,

and shall be in addition to any other monies provided to such

Boroughs under this Act or any other law.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (a) purchase of not to exceed 183 passenger

motor vehicles of which 32 will be used primarily for law enforcement purposes and of which 151 shall be for replacement; acquisition of 22 passenger motor vehicles from excess sources, and hire

of such vehicles; operation and maintenance of aircraft, the purchase

of not to exceed two for replacement only, and acquisition of 20

aircraft from excess sources; notwithstanding other provisions of

law, existing aircraft being replaced may be sold, with proceeds

derived or trade-in value used to offset the purchase price for

the replacement aircraft; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),

and not to exceed $100,000 for employment under 5 U.S.C. 3109;

(c) purchase, erection, and alteration of buildings and other public

improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and

interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.

428a); (e) for expenses pursuant to the Volunteers in the National

Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f)

for debt collection contracts in accordance with 31 U.S.C. 3718(c).

None of the funds made available under this Act shall be

obligated or expended to change the boundaries of any region,

to abolish any region, to move or close any regional office for

research, State and private forestry, or National Forest System

administration of the Forest Service, Department of Agriculture,

or to implement any reorganization, ‘‘reinvention’’ or other type

of organizational restructuring of the Forest Service, other than

the relocation of the Regional Office for Region 5 of the Forest

Service from San Francisco to excess military property at Mare
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–184

Island, Vallejo, California, without the consent of the House and

Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy

and Natural Resources in the United States Senate and the

Committee on Agriculture and the Committee on Resources in

the United States House of Representatives.

Any appropriations or funds available to the Forest Service

may be advanced to the Fire and Emergency Suppression appropriation and may be used for forest firefighting and the emergency

rehabilitation of burned-over lands under its jurisdiction: Provided,

That no funds shall be made available under this authority until

funds appropriated to the ‘‘Emergency Forest Service Firefighting

Fund’’ shall have been exhausted.

Any funds available to the Forest Service may be used for

retrofitting Mare Island facilities to accommodate the relocation:

Provided, That funds for the move must come from funds otherwise

available to Region 5: Provided further, That any funds to be

provided for such purposes shall only be available upon approval

of the House and Senate Committees on Appropriations.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

and rangeland research, technical information, and assistance in

foreign countries, and shall be available to support forestry and

related natural resource activities outside the United States and

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is

approved in advance by the House and Senate Committees on

Appropriations in compliance with the reprogramming procedures

contained in House Report 103–551.

No funds appropriated to the Forest Service shall be transferred

to the Working Capital Fund of the Department of Agriculture

without the approval of the Chief of the Forest Service.

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service may be used to disseminate

program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and

to provide nonmonetary awards of nominal value and to incur

necessary expenses for the nonmonetary recognition of private

individuals and organizations that make contributions to Forest

Service programs.

Notwithstanding any other provision of law, money collected,

in advance or otherwise, by the Forest Service under authority

of section 101 of Public Law 93–153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in

monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to

reimburse the applicable appropriation to which such costs were

originally charged.

Funds available to the Forest Service shall be available to

conduct a program of not less than $1,000,000 for high priority
110 STAT. 1321–185 PUBLIC LAW 104–134—APR. 26, 1996

projects within the scope of the approved budget which shall be

carried out by the Youth Conservation Corps as authorized by

the Act of August 13, 1970, as amended by Public Law 93–408.

None of the funds available in this Act shall be used for

timber sale preparation using clearcutting in hardwood stands in

excess of 25 percent of the fiscal year 1989 harvested volume

in the Wayne National Forest, Ohio: Provided, That this limitation

shall not apply to hardwood stands damaged by natural disaster:

Provided further, That landscape architects shall be used to maintain a visually pleasing forest.

Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not

in the vicinity of National Forest System lands shall be used to

reimburse the applicable appropriation and shall remain available

until expended as the Secretary may direct in conducting activities

authorized by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.

Of the funds available to the Forest Service, $1,500 is available

to the Chief of the Forest Service for official reception and representation expenses.

Notwithstanding any other provision of law, the Forest Service

is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work

occasioned by emergencies such as fires, storms, floods, earthquakes

or any other unavoidable cause without regard to Sundays, Federal

holidays, and the regular workweek.

To the greatest extent possible, and in accordance with the

Final Amendment to the Shawnee National Forest Plan, none of

the funds available in this Act shall be used for preparation of

timber sales using clearcutting or other forms of even aged management in hardwood stands in the Shawnee National Forest, Illinois.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Notwithstanding any other provision of law, eighty percent

of the funds appropriated to the Forest Service in the National

Forest System and Construction accounts and planned to be allocated to activities under the ‘‘Jobs in the Woods’’ program for

projects on National Forest land in the State of Washington may

be granted directly to the Washington State Department of Fish

and Wildlife for accomplishment of planned projects. Twenty percent

of said funds shall be retained by the Forest Service for planning

and administering projects. Project selection and prioritization shall

be accomplished by the Forest Service with such consultation with

the State of Washington as the Forest Service deems appropriate.

For one year after enactment of this Act, the Secretary shall

continue the current Tongass Land Management Plan (TLMP) and

may accommodate commercial tourism (if an agreement is signed

between the Forest Service and the Alaska Visitors’ Association)

except that during this period, the Secretary shall maintain at

least the number of acres of suitable available and suitable scheduled timber lands, and Allowable Sale Quantity as identified in

the Preferred Alternative (Alternative P) in the Tongass Land and

Resources Management Plan and Final Environmental Impact

Statement (dated October 1992) as selected in the Record of Decision

Review Draft #3–2/93. Nothing in this paragraph shall be interpreted to mandate clear-cutting or require the sale of timber and

nothing in this paragraph, including the ASQ identified in Alter-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–186

native P, shall be construed to limit the Secretary’s consideration

of new information or to prejudice future revision, amendment

or modification of TLMP based upon sound, verifiable scientific

data.

If the Forest Service determines in a Supplemental Evaluation

to an Environmental Impact Statement that no additional analysis

under the National Environmental Policy Act or section 810 of

the Alaska National Interest Lands Conservation Act is necessary

for any timber sale or offering which has been prepared for acceptance by, or award to, a purchaser after December 31, 1988, that

has been subsequently determined by the Forest Service to be

available for sale or offering to one or more other purchaser, the

change of purchasers for whatever reason shall not be considered

a significant new circumstance, and the Forest Service may offer

or award such timber sale or offering to a different purchaser

or offeree, notwithstanding any other provision of law. A determination by the Forest Service pursuant to this paragraph shall not

be subject to judicial review.

None of the funds appropriated under this Act for the Forest

Service shall be made available for the purpose of applying paint

to rocks, or rock colorization: Provided, That notwithstanding any

other provision of law, the Forest Service shall not require of

any individual or entity, as part of any permitting process under

its authority, or as a requirement of compliance with the National

Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

painting or colorization of rocks.

DEPARTMENT OF ENERGY

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the

acquisition of interest, including defeasible and equitable interests

in any real property or any facility or for plant or facility acquisition

or expansion, and for promoting health and safety in mines and

the mineral industry through research (30 U.S.C. 3, 861(b), and

951(a)), for conducting inquiries, technological investigations and

research concerning the extraction, processing, use, and disposal

of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), and for the development

of methods for the disposal, control, prevention, and reclamation

of waste products in the mining, minerals, metal, and mineral

reclamation industries (30 U.S.C. 3 and 21a), $417,018,000, to

remain available until expended: Provided, That no part of the

sum herein made available shall be used for the field testing of

nuclear explosives in the recovery of oil and gas.

ALTERNATIVE FUELS PRODUCTION

(INCLUDING TRANSFER OF FUNDS)

Monies received as investment income on the principal amount

in the Great Plains Project Trust at the Norwest Bank of North

Dakota, in such sums as are earned as of October 1, 1995, shall

be deposited in this account and immediately transferred to the

General Fund of the Treasury. Monies received as revenue sharing
110 STAT. 1321–187 PUBLIC LAW 104–134—APR. 26, 1996

from the operation of the Great Plains Gasification Plant shall

be immediately transferred to the General Fund of the Treasury.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For necessary expenses in carrying out naval petroleum and

oil shale reserve activities, $148,786,000, to remain available until

expended: Provided, That the requirements of 10 U.S.C.

7430(b)(2)(B) shall not apply to fiscal year 1996: Provided further,

That section 501 of Public Law 101–45 is hereby repealed.

ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation

activities, $553,189,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount

for fiscal year 1996 determined under the provisions of section

3003(d) of Public Law 99–509 (15 U.S.C. 4502), and of which

$16,000,000 shall be derived from available unobligated balances

in the Biomass Energy Development account: Provided, That

$140,696,000 shall be for use in energy conservation programs

as defined in section 3008(3) of Public Law 99–509 (15 U.S.C.

4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99–

509 (15 U.S.C. 4502): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509 such sums shall be allocated

to the eligible programs as follows: $114,196,000 for the weatherization assistance program and $26,500,000 for the State energy conservation program.

ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the

Economic Regulatory Administration and the Office of Hearings

and Appeals, $6,297,000, to remain available until expended.

STRATEGIC PETROLEUM RESERVE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), $287,000,000, to remain available

until expended, of which $187,000,000 shall be derived by transfer

of unobligated balances from the ‘‘SPR petroleum account’’ and

$100,000,000 shall be derived by transfer from the ‘‘SPR Decommissioning Fund’’: Provided, That notwithstanding section 161 of the

Energy Policy and Conservation Act, the Secretary shall draw down

and sell up to seven million barrels of oil from the Strategic Petroleum Reserve: Provided further, That the proceeds from the sale

shall be deposited into a special account in the Treasury, to be

established and known as the ‘‘SPR Decommissioning Fund’’, and

shall be available for the purpose of removal of oil from and

decommissioning of the Weeks Island site and for other purposes

related to the operations of the Strategic Petroleum Reserve.

10 USC 7431

note.

10 USC 7430

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–188

SPR PETROLEUM ACCOUNT

Notwithstanding 42 U.S.C. 6240(d) the United States share

of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)

may be sold or otherwise disposed of to other than the Strategic

Petroleum Reserve: Provided, That outlays in fiscal year 1996

resulting from the use of funds in this account shall not exceed

$5,000,000.

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $72,266,000, to remain available until expended: Provided, That notwithstanding section 4(d)

of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any

other provision of law, funds appropriated under this heading hereafter may be used to enter into a contract for end use consumption

surveys for a term not to exceed eight years: Provided further,

That notwithstanding any other provision of law, hereafter the

Manufacturing Energy Consumption Survey shall be conducted on

a triennial basis.

ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall

be available for hire of passenger motor vehicles; hire, maintenance,

and operation of aircraft; purchase, repair, and cleaning of uniforms;

and reimbursement to the General Services Administration for security guard services.

From appropriations under this Act, transfers of sums may

be made to other agencies of the Government for the performance

of work for which the appropriation is made.

None of the funds made available to the Department of Energy

under this Act shall be used to implement or finance authorized

price support or loan guarantee programs unless specific provision

is made for such programs in an appropriations Act.

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and

to prosecute projects in cooperation with other agencies, Federal,

State, private, or foreign: Provided, That revenues and other moneys

received by or for the account of the Department of Energy or

otherwise generated by sale of products in connection with projects

of the Department appropriated under this Act may be retained

by the Secretary of Energy, to be available until expended, and

used only for plant construction, operation, costs, and payments

to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into

the Treasury as miscellaneous receipts: Provided further, That any

contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to

the expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

of more than three calendar days to a day certain) from the receipt

by the Speaker of the House of Representatives and the President

of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the

proposed project.

Reports.

42 USC 7135

note.
110 STAT. 1321–189 PUBLIC LAW 104–134—APR. 26, 1996

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents

for programs or projects for which appropriations have not been

made.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$1,747,842,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 300aaa–2 for services furnished by

the Indian Health Service: Provided, That funds made available

to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the

Indian Self-Determination and Education Assistance Act of 1975

(88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated

at the time of the grant or contract award and thereafter shall

remain available to the tribe or tribal organization without fiscal

year limitation: Provided further, That $12,000,000 shall remain

available until expended, for the Indian Catastrophic Health Emergency Fund: Provided further, That $350,564,000 for contract medical care shall remain available for obligation until September 30,

1997: Provided further, That of the funds provided, not less than

$11,306,000 shall be used to carry out the loan repayment program

under section 108 of the Indian Health Care Improvement Act,

as amended: Provided further, That funds provided in this Act

may be used for one-year contracts and grants which are to be

performed in two fiscal years, so long as the total obligation is

recorded in the year for which the funds are appropriated: Provided

further, That the amounts collected by the Secretary of Health

and Human Services under the authority of title IV of the Indian

Health Care Improvement Act shall be available for two fiscal

years after the fiscal year in which they were collected, for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act

(exclusive of planning, design, or construction of new facilities):

Provided further, That of the funds provided, $7,500,000 shall

remain available until expended, for the Indian Self-Determination

Fund, which shall be available for the transitional costs of initial

or expanded tribal contracts, grants or cooperative agreements with

the Indian Health Service under the provisions of the Indian SelfDetermination Act: Provided further, That funding contained herein,

and in any earlier appropriations Acts for scholarship programs

under the Indian Health Care Improvement Act (25 U.S.C. 1613)

shall remain available for obligation until September 30, 1997:

Provided further, That amounts received by tribes and tribal

organizations under title IV of the Indian Health Care Improvement

Act, as amended, shall be reported and accounted for and available

to the receiving tribes and tribal organizations until expended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–190

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act and the Indian Health Care Improvement Act,

and for expenses necessary to carry out the Act of August 5,

1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian

Health Care Improvement Act, and titles II and III of the Public

Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $238,958,000,

to remain available until expended: Provided, That notwithstanding

any other provision of law, funds appropriated for the planning,

design, construction or renovation of health facilities for the benefit

of an Indian tribe or tribes may be used to purchase land for

sites to construct, improve, or enlarge health or related facilities.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall

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

rates not to exceed the per diem rate equivalent to the maximum

rate payable for senior-level positions under 5 U.S.C. 5376; hire

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of

modular buildings and renovation of existing facilities; payments

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms

or allowances therefor as authorized by law (5 U.S.C. 5901–5902);

and for expenses of attendance at meetings which are concerned

with the functions or activities for which the appropriation is made

or which will contribute to improved conduct, supervision, or

management of those functions or activities: Provided, That in

accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at

all tribally administered or Indian Health Service facilities, subject

to charges, and the proceeds along with funds recovered under

the Federal Medical Care Recovery Act (42 U.S.C. 2651–53) shall

be credited to the account of the facility providing the service

and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development

to the Indian Health Service shall be administered under Public

Law 86–121 (the Indian Sanitation Facilities Act) and Public Law

93–638, as amended: Provided further, That funds appropriated

to the Indian Health Service in this Act, except those used for

administrative and program direction purposes, shall not be subject

to limitations directed at curtailing Federal travel and transportation: Provided further, That the Indian Health Service shall neither bill nor charge those Indians who may have the economic

means to pay unless and until such time as Congress has agreed

upon a specific policy to do so and has directed the Indian Health

Service to implement such a policy: Provided further, That, notwithstanding any other provision of law, funds previously or herein

25 USC 1681.
110 STAT. 1321–191 PUBLIC LAW 104–134—APR. 26, 1996

made available to a tribe or tribal organization through a contract,

grant or agreement authorized by title I of the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203;

25 U.S.C. 450), may be deobligated and reobligated to a self-governance funding agreement under title III of the Indian Self-Determination and Education Assistance Act of 1975 and thereafter shall

remain available to the tribe or tribal organization without fiscal

year limitation: Provided further, That none of the funds made

available to the Indian Health Service in this Act shall be used

to implement the final rule published in the Federal Register on

September 16, 1987, by the Department of Health and Human

Services, relating to eligibility for the health care services of the

Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with

the proposed final rule, and such request has been included in

an appropriations Act and enacted into law: Provided further, That

funds made available in this Act are to be apportioned to the

Indian Health Service as appropriated in this Act, and accounted

for in the appropriation structure set forth in this Act: Provided

further, That the appropriation structure for the Indian Health

Service may not be altered without advance approval of the House

and Senate Committees on Appropriations.

DEPARTMENT OF EDUCATION

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

INDIAN EDUCATION

For necessary expenses to carry out, to the extent not otherwise

provided, title IX, part A, subpart 1 of the Elementary and Secondary Education Act of 1965, as amended, and section 215 of the

Department of Education Organization Act, $52,500,000.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian

Relocation as authorized by Public Law 93–531, $20,345,000, to

remain available until expended: Provided, That funds provided

in this or any other appropriations Act are to be used to relocate

eligible individuals and groups including evictees from District 6,

Hopi-partitioned lands residents, those in significantly substandard

housing, and all others certified as eligible and not included in

the preceding categories: Provided further, That none of the funds

contained in this or any other Act may be used by the Office

of Navajo and Hopi Indian Relocation to evict any single Navajo

or Navajo family who, as of November 30, 1985, was physically

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

further, That no relocatee will be provided with more than one

new or replacement home: Provided further, That the Office shall

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–192

a replacement residence off the Navajo reservation or on the land

acquired pursuant to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV

of Public Law 99–498 (20 U.S.C. 4401 et seq.), $5,500,000.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as

authorized by law, including research in the fields of art, science,

and history; development, preservation, and documentation of the

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of

information and publications; conduct of education, training, and

museum assistance programs; maintenance, alteration, operation,

lease (for terms not to exceed thirty years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services

as authorized by 5 U.S.C. 3109; up to 5 replacement passenger

vehicles; purchase, rental, repair, and cleaning of uniforms for

employees; $311,188,000, of which not to exceed $3,000,000 for

voluntary incentive payments and other costs associated with

employee separations pursuant to section 339 of this Act shall

remain available until expended, and of which not to exceed

$30,472,000 for the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, the

repatriation of skeletal remains program, research equipment,

information management, and Latino programming shall remain

available until expended and, including such funds as may be

necessary to support American overseas research centers and a

total of $125,000 for the Council of American Overseas Research

Centers: Provided, That funds appropriated herein are available

for advance payments to independent contractors performing

research services or participating in official Smithsonian

presentations.

CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling,

and equipping of buildings and facilities at the National Zoological

Park, by contract or otherwise, $3,250,000, to remain available

until expended.

REPAIR AND RESTORATION OF BUILDINGS

For necessary expenses of repair and restoration of buildings

owned or occupied by the Smithsonian Institution, by contract or

otherwise, as authorized by section 2 of the Act of August 22,

1949 (63 Stat. 623), including not to exceed $10,000 for services

as authorized by 5 U.S.C. 3109, $33,954,000, to remain available
110 STAT. 1321–193 PUBLIC LAW 104–134—APR. 26, 1996

until expended: Provided, That contracts awarded for environmental

systems, protection systems, and exterior repair or restoration of

buildings of the Smithsonian Institution may be negotiated with

selected contractors and awarded on the basis of contractor qualifications as well as price.

CONSTRUCTION

For necessary expenses for construction, $27,700,000, to remain

available until expended.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March

24, 1937 (50 Stat. 51), as amended by the public resolution of

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance

when authorized by the treasurer of the Gallery for membership

in library, museum, and art associations or societies whose publications or services are available to members only, or to members

at a price lower than to the general public; purchase, repair, and

cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting

buildings and contents thereof, and maintenance, alteration,

improvement, and repair of buildings, approaches, and grounds;

and purchase of services for restoration and repair of works of

art for the National Gallery of Art by contracts made, without

advertising, with individuals, firms, or organizations at such rates

or prices and under such terms and conditions as the Gallery

may deem proper, $51,844,000, of which not to exceed $3,026,000

for the special exhibition program shall remain available until

expended.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation

of buildings, grounds and facilities owned or occupied by the

National Gallery of Art, by contract or otherwise, as authorized,

$6,442,000, to remain available until expended: Provided, That

contracts awarded for environmental systems, protection systems,

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded

on the basis of contractor qualifications as well as price.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and

security of the John F. Kennedy Center for the Performing Arts,

$10,323,000: Provided, That 40 U.S.C. 193n is hereby amended

by striking the word ‘‘and’’ after the word ‘‘Institution’’ and inserting

in lieu thereof a comma, and by inserting ‘‘and the Trustees of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–194

the John F. Kennedy Center for the Performing Arts,’’ after the

word ‘‘Art,’’.

CONSTRUCTION

For necessary expenses of capital repair and rehabilitation

of the existing features of the building and site of the John F.

Kennedy Center for the Performing Arts, $8,983,000, to remain

available until expended.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $5,840,000.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$82,259,000, shall be available to the National Endowment for

the Arts for the support of projects and productions in the arts

through assistance to groups and individuals pursuant to section

5(c) of the Act, and for administering the functions of the Act,

to remain available until September 30, 1997.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as amended, $17,235,000, to remain available until September 30, 1997,

to the National Endowment for the Arts, of which $7,500,000 shall

be available for purposes of section 5(p)(1): Provided, That this

appropriation shall be available for obligation only in such amounts

as may be equal to the total amounts of gifts, bequests, and devises

of money, and other property accepted by the Chairman or by

grantees of the Endowment under the provisions of section 10(a)(2),

subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and

preceding fiscal years for which equal amounts have not previously

been appropriated.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$94,000,000, shall be available to the National Endowment for

the Humanities for support of activities in the humanities, pursuant

to section 7(c) of the Act, and for administering the functions

of the Act, to remain available until September 30, 1997.
110 STAT. 1321–195 PUBLIC LAW 104–134—APR. 26, 1996

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as amended, $16,000,000, to remain available until September 30, 1997,

of which $10,000,000 shall be available to the National Endowment

for the Humanities for the purposes of section 7(h): Provided, That

this appropriation shall be available for obligation only in such

amounts as may be equal to the total amounts of gifts, bequests,

and devises of money, and other property accepted by the Chairman

or by grantees of the Endowment under the provisions of subsections

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal

years for which equal amounts have not previously been

appropriated.

INSTITUTE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

For carrying out title II of the Arts, Humanities, and Cultural

Affairs Act of 1976, as amended, $21,000,000, to remain available

until September 30, 1997.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation

on the Arts and the Humanities may be used to process any grant

or contract documents which do not include the text of 18 U.S.C.

1913: Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $834,000.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190

(99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $6,000,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For expenses necessary for the Advisory Council on Historic

Preservation, $2,500,000.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as

authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all

appointed members will be compensated at a rate not to exceed

the rate for Executive Schedule Level IV.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–196

FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69

Stat. 694), as amended by Public Law 92–332 (86 Stat. 401),

$147,000, to remain available until September 30, 1997.

PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

PUBLIC DEVELOPMENT

Funds made available under this heading in prior years shall

be available for operating and administrative expenses and for

the orderly closure of the Corporation, as well as operating and

administrative expenses for the functions transferred to the General

Services Administration.

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized

by Public Law 96–388, as amended, $28,707,000; of which

$1,575,000 for the Museum’s repair and rehabilitation program

and $1,264,000 for the Museum’s exhibition program shall remain

available until expended.

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 302. No part of any appropriation under this Act shall

be available to the Secretary of the Interior or the Secretary of

Agriculture for the leasing of oil and natural gas by noncompetitive

bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is

intended to inhibit or otherwise affect the sale, lease, or right

to access to minerals owned by private individuals.

SEC. 303. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which congressional

action is not complete.

SEC. 304. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or

employee of such department or agency except as otherwise provided

by law.

Contracts.
110 STAT. 1321–197 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 306. No assessments may be levied against any program,

budget activity, subactivity, or project funded by this Act unless

notice of such assessments and the basis therefor are presented

to the Committees on Appropriations and are approved by such

Committees.

SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with sections 2 through 4 of the Act of March

3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American

Act’’).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 308. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant

sequoia (sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 1995.

SEC. 309. None of the funds made available by this Act may

be obligated or expended by the National Park Service to enter

into or implement a concession contract which permits or requires

the removal of the underground lunchroom at the Carlsbad Caverns

National Park.

SEC. 310. Where the actual costs of construction projects under

self-determination contracts, compacts, or grants, pursuant to Public

Laws 93–638, 103–413, or 100–297, are less than the estimated

costs thereof, use of the resulting excess funds shall be determined

by the appropriate Secretary after consultation with the tribes.

SEC. 311. Notwithstanding Public Law 103–413, quarterly payments of funds to tribes and tribal organizations under annual

funding agreements pursuant to section 108 of Public Law 93–

638, as amended, may be made on the first business day following

the first day of a fiscal quarter.

SEC. 312. None of funds appropriated or otherwise made available by this Act may be used for the AmeriCorps program, unless

the relevant agencies of the Department of the Interior and/or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–198

Agriculture follow appropriate reprogramming guidelines: Provided,

That if no funds are provided for the AmeriCorps program by

the VA–HUD and Independent Agencies fiscal year 1996 appropriations bill, then none of the funds appropriated or otherwise made

available by this Act may be used for the AmeriCorps programs.

SEC. 313. (a) On or before April 1, 1996, the Pennsylvania

Avenue Development Corporation shall—

(1) transfer and assign in accordance with this section

all of its rights, title, and interest in and to all of the leases,

covenants, agreements, and easements it has executed or will

execute by March 31, 1996, in carrying out its powers and

duties under the Pennsylvania Avenue Development Corporation Act (40 U.S.C. 871–885) and the Federal Triangle Development Act (40 U.S.C. 1101–1109) to the General Services

Administration, National Capital Planning Commission, or the

National Park Service; and

(2) except as provided by subsection (d), transfer all rights,

title, and interest in and to all property, both real and personal,

held in the name of the Pennsylvania Avenue Development

Corporation to the General Services Administration.

(b) The responsibilities of the Pennsylvania Avenue Development Corporation transferred to the General Services Administration under subsection (a) include, but are not limited to, the

following:

(1) Collection of revenue owed the Federal Government

as a result of real estate sales or lease agreements entered

into by the Pennsylvania Avenue Development Corporation and

private parties, including, at a minimum, with respect to the

following projects:

(A) The Willard Hotel property on Square 225.

(B) The Gallery Row project on Square 457.

(C) The Lansburgh’s project on Square 431.

(D) The Market Square North project on Square 407.

(2) Collection of sale or lease revenue owed the Federal

Government (if any) in the event two undeveloped sites owned

by the Pennsylvania Avenue Development Corporation on

Squares 457 and 406 are sold or leased prior to April 1, 1996.

(3) Application of collected revenue to repay United States

Treasury debt incurred by the Pennsylvania Avenue Development Corporation in the course of acquiring real estate.

(4) Performing financial audits for projects in which the

Pennsylvania Avenue Development Corporation has actual or

potential revenue expectation, as identified in paragraphs (1)

and (2), in accordance with procedures described in applicable

sale or lease agreements.

(5) Disposition of real estate properties which are or become

available for sale and lease or other uses.

(6) Payment of benefits in accordance with the Uniform

Relocation Assistance and Real Property Acquisitions Policies

Act of 1970 to which persons in the project area squares are

entitled as a result of the Pennsylvania Avenue Development

Corporation’s acquisition of real estate.

(7) Carrying out the responsibilities of the Pennsylvania

Avenue Development Corporation under the Federal Triangle

Development Act (40 U.S.C. 1101–1109), including responsibilities for managing assets and liabilities of the Corporation

under such Act.

40 USC 872 note.

Pennsylvania

Avenue

Development

Corporation.

Effective date.

40 USC 872 note.
110 STAT. 1321–199 PUBLIC LAW 104–134—APR. 26, 1996

(c) In carrying out the responsibilities of the Pennsylvania

Avenue Development Corporation transferred under this section,

the Administrator of the General Services Administration shall

have the following powers:

(1) To acquire lands, improvements, and properties by purchase, lease or exchange, and to sell, lease, or otherwise dispose

of real or personal property as necessary to complete the development plan developed under section 5 of the Pennsylvania

Avenue Development Corporation Act of 1972 (40 U.S.C. 874)

if a notice of intention to carry out such acquisition or disposal

is first transmitted to the Committee on Transportation and

Infrastructure and the Committee on Appropriations of the

House of Representatives and the Committee on Environment

and Public Works and the Committee on Appropriations of

the Senate and at least 60 days elapse after the date of such

transmission.

(2) To modify from time to time the plan referred to in

paragraph (1) if such modification is first transmitted to the

Committee on Transportation and Infrastructure and the

Committee on Appropriations of the House of Representatives

and the Committee on Environment and Public Works and

the Committee on Appropriations of the Senate and at least

60 days elapse after the date of such transmission.

(3) To maintain any existing Pennsylvania Avenue Development Corporation insurance programs.

(4) To enter into and perform such leases, contracts, or

other transactions with any agency or instrumentality of the

United States, the several States, or the District of Columbia

or with any person, firm, association, or corporation as may

be necessary to carry out the responsibilities of the Pennsylvania Avenue Development Corporation under the Federal Triangle Development Act (40 U.S.C. 1101–1109).

(5) To request the Council of the District of Columbia

to close any alleys necessary for the completion of development

in Square 457.

(6) To use all of the funds transferred from the Pennsylvania Avenue Development Corporation or income earned on

Pennsylvania Avenue Development Corporation property to

complete any pending development projects.

(d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue

Development Corporation shall transfer all its right, title, and

interest in and to the property described in subparagraph (B) to

the National Park Service, Department of the Interior.

(B) The property referred to in subparagraph (A) is the property

located within the Pennsylvania Avenue National Historic Site

depicted on a map entitled ‘‘Pennsylvania Avenue National Historic

Park’’, dated June 1, 1995, and numbered 840–82441, which shall

be on file and available for public inspection in the offices of the

National Park Service, Department of the Interior. The Pennsylvania Avenue National Historic Site includes the parks, plazas, sidewalks, special lighting, trees, sculpture, and memorials.

(2) Jurisdiction of Pennsylvania Avenue and all other roadways

from curb to curb shall remain with the District of Columbia but

vendors shall not be permitted to occupy street space except during

temporary special events.

(3) The National Park Service shall be responsible for management, administration, maintenance, law enforcement, visitor servEffective date.

40 USC 872 note.

40 USC 872 note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–200

ices, resource protection, interpretation, and historic preservation

at the Pennsylvania Avenue National Historic Site.

(4) The National Park Service may enter into contracts, cooperative agreements, or other transactions with any agency or

instrumentality of the United States, the several States, or the

District of Columbia or with any person, firm, association, or corporation as may be deemed necessary or appropriate for the conduct

of special events, festivals, concerts, or other art and cultural programs at the Pennsylvania Avenue National Historic Site or may

establish a nonprofit foundation to solicit funds for such activities.

(e) Notwithstanding any other provision of law, the responsibility for ensuring that development or redevelopment in the Pennsylvania Avenue area is carried out in accordance with the Pennsylvania Avenue Development Corporation Plan—1974, as amended, is transferred to the National Capital Planning Commission

or its successor commencing April 1, 1996.

(f) SAVINGS PROVISIONS.—

(1) REGULATIONS.—Any regulations prescribed by the Corporation in connection with the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 871–885) and the

Federal Triangle Development Act (40 U.S.C. 1101–1109) shall

continue in effect until suspended by regulations prescribed

by the Administrator of the General Services Administration.

(2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT

AFFECTED.—Subsection (a) shall not be construed as affecting

the validity of any right, duty, or obligation of the United

States or any other person arising under or pursuant to any

contract, loan, or other instrument or agreement which was

in effect on the day before the date of the transfers under

subsection (a).

(3) CONTINUATION OF SUITS.—No action or other proceeding

commenced by or against the Corporation in connection with

administration of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 871–885) and the Federal

Triangle Development Act (40 U.S.C. 1101–1109) shall abate

by reason of enactment and implementation of this Act, except

that the General Services Administration shall be substituted

for the Corporation as a party to any such action or proceeding.

(g) Section 3(b) of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 872(b)) is amended as follows:

‘‘(b) The Corporation shall be dissolved on or before April 1,

1996. Upon dissolution, assets, obligations, indebtedness, and all

unobligated and unexpended balances of the Corporation shall be

transferred in accordance with the Department of the Interior and

Related Agencies Appropriations Act, 1996.’’.

SEC. 314. No part of any appropriation contained in this Act

shall be obligated or expended to implement regulations or requirements that regulate the use of, or actions occurring on, non-federal

lands as a result of the draft or final environmental impact statements or records of decision for the Interior Columbia Basin Ecosystem Management Project. Columbia Basin Ecosystem Management Project records of decision will not provide the legal authority

for any new formal rulemaking by any Federal regulatory agency

on the use of private property.

SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM.—(a)

The Secretary of the Interior (acting through the Bureau of Land

Management, the National Park Service and the United States

16 USC 460l–6a.

Termination.

Effective date.

40 USC 872 note.

40 USC 872 note.
110 STAT. 1321–201 PUBLIC LAW 104–134—APR. 26, 1996

Fish and Wildlife Service) and the Secretary of Agriculture (acting

through the Forest Service) shall each implement a fee program

to demonstrate the feasibility of user-generated cost recovery for

the operation and maintenance of recreation areas or sites and

habitat enhancement projects on Federal lands.

(b) In carrying out the pilot program established pursuant

to this section, the appropriate Secretary shall select from areas

under the jurisdiction of each of the four agencies referred to

in subsection (a) no fewer than 10, but as many as 50, areas,

sites or projects for fee demonstration. For each such demonstration,

the Secretary, notwithstanding any other provision of law—

(1) shall charge and collect fees for admission to the area

or for the use of outdoor recreation sites, facilities, visitor

centers, equipment, and services by individuals and groups,

or any combination thereof;

(2) shall establish fees under this section based upon a

variety of cost recovery and fair market valuation methods

to provide a broad basis for feasibility testing;

(3) may contract, including provisions for reasonable

commissions, with any public or private entity to provide visitor

services, including reservations and information, and may

accept services of volunteers to collect fees charged pursuant

to paragraph (1);

(4) may encourage private investment and partnerships

to enhance the delivery of quality customer services and

resource enhancement, and provide appropriate recognition to

such partners or investors; and

(5) may assess a fine of not more than $100 for any violation

of the authority to collect fees for admission to the area or

for the use of outdoor recreation sites, facilities, visitor centers,

equipment, and services.

(c)(1) Amounts collected at each fee demonstration area, site

or project shall be distributed as follows:

(A) Of the amount in excess of 104% of the amount collected

in fiscal year 1995, and thereafter annually adjusted upward

by 4%, eighty percent to a special account in the Treasury

for use without further appropriation, by the agency which

administers the site, to remain available for expenditures in

accordance with paragraph (2)(A).

(B) Of the amount in excess of 104% of the amount collected

in fiscal year 1995, and thereafter annually adjusted upward

by 4%, 20 percent to a special account in the Treasury for

use without further appropriation, by the agency which administers the site, to remain available for expenditure in accordance

with paragraph (2)(B).

(C) For agencies other than the Fish and Wildlife Service,

up to 15% of current year collections of each agency, but not

greater than fee collection costs for that fiscal year, to remain

available for expenditure without further appropriation in

accordance with paragraph (2)(C).

(D) For agencies other than the Fish and Wildlife Service,

the balance to the special account established pursuant to

subparagraph (A) of section 4(i)(1) of the Land and Water

Conservation Fund Act, as amended.

(E) For the Fish and Wildlife Service, the balance shall

be distributed in accordance with section 201(c) of the Emergency Wetlands Resources Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–202

(2)(A) Expenditures from site specific special funds shall be

for further activities of the area, site or project from which funds

are collected, and shall be accounted for separately.

(B) Expenditures from agency specific special funds shall be

for use on an agency-wide basis and shall be accounted for

separately.

(C) Expenditures from the fee collection support fund shall

be used to cover fee collection costs in accordance with section

4(i)(1)(B) of the Land and Water Conservation Fund Act, as

amended: Provided, That funds unexpended and unobligated at

the end of the fiscal year shall not be deposited into the special

account established pursuant to section 4(i)(1)(A) of said Act and

shall remain available for expenditure without further appropriation.

(3) In order to increase the quality of the visitor experience

at public recreational areas and enhance the protection of resources,

amounts available for expenditure under this section may only

be used for the area, site or project concerned, for backlogged

repair and maintenance projects (including projects relating to

health and safety) and for interpretation, signage, habitat or facility

enhancement, resource preservation, annual operation (including

fee collection), maintenance, and law enforcement relating to public

use. The agencywide accounts may be used for the same purposes

set forth in the preceding sentence, but for areas, sites or projects

selected at the discretion of the respective agency head.

(d)(1) Amounts collected under this section shall not be taken

into account for the purposes of the Act of May 23, 1908 and

the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4,

1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012),

the Act of August 8, 1937 and the Act of May 24, 1939 (43 U.S.C.

1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter

69 of title 31, United States Code, section 401 of the Act of June

15, 1935 (16 U.S.C. 715s), the Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l), and any other provision of law relating

to revenue allocation.

(2) Fees charged pursuant to this section shall be in lieu of

fees charged under any other provision of law.

(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating

regulations.

(f) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 1998. Funds

in accounts established shall remain available through September

30, 2001.

SEC. 316. Section 2001(a)(2) of Public Law 104–19 is amended

as follows: Strike ‘‘September 30, 1997’’ and insert in lieu thereof

‘‘December 31, 1996’’.

SEC. 317. None of the funds made available in this Act may

be used for any program, project, or activity when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any applicable Federal law relating to risk assessment, the protection of private property rights, or unfunded

mandates.

SEC. 318. None of the funds provided in this Act may be

made available for the Mississippi River Corridor Heritage

Commission.

16 USC 1611

note.

Effective date.

Termination

date.
110 STAT. 1321–203 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3 of the Great

Basin National Park Act of 1986 (16 U.S.C. 410mm–1) is amended—

(1) in the first sentence of subsection (e) by striking ‘‘shall’’

and inserting ‘‘may’’; and

(2) in subsection (f)—

(A) by striking ‘‘At the request’’ and inserting the

following:

‘‘(1) EXCHANGES.—At the request’’;

(B) by striking ‘‘grazing permits’’ and inserting ‘‘grazing

permits and grazing leases’’; and

(C) by adding after ‘‘Federal lands.’’ the following:

‘‘(2) ACQUISITION BY DONATION.—

(A) IN GENERAL.—The Secretary may acquire by donation valid existing permits and grazing leases authorizing

grazing on land in the park.

(B) TERMINATION.—The Secretary shall terminate a

grazing permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by

the permit or lease.’’.

SEC. 320. None of the funds made available in this Act shall

be used by the Department of Energy in implementing the Codes

and Standards Program to propose, issue, or prescribe any new

or amended standard: Provided, That this section shall expire on

September 30, 1996: Provided further, That nothing in this section

shall preclude the Federal Government from promulgating rules

concerning energy efficiency standards for the construction of new

federally-owned commercial and residential buildings.

SEC. 321. None of the funds made available in this Act may

be used (1) to demolish the bridge between Jersey City, New Jersey,

and Ellis Island; or (2) to prevent pedestrian use of such bridge,

when it is made known to the Federal official having authority

to obligate or expend such funds that such pedestrian use is consistent with generally accepted safety standards.

SEC. 322. (a) None of the funds appropriated or otherwise

made available pursuant to this Act shall be obligated or expended

to accept or process applications for a patent for any mining or

mill site claim located under the general mining laws.

(b) The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned:

(1) a patent application was filed with the Secretary on or before

September 30, 1994, and (2) all requirements established under

sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29

and 30) for vein or lode claims and sections 2329, 2330, 2331,

and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for

placer claims, and section 2337 of the Revised Statutes (30 U.S.C.

42) for mill site claims, as the case may be, were fully complied

with by the applicant by that date.

(c) PROCESSING SCHEDULE.—For those applications for patents

pursuant to subsection (b) which were filed with the Secretary

of the Interior, prior to September 30, 1994, the Secretary of the

Interior shall—

(1) Within three months of the enactment of this Act,

file with the House and Senate Committees on Appropriations

and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the United States Senate a plan which details how the

Department of the Interior will make a final determination

Reports.

Termination

date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–204

as to whether or not an applicant is entitled to a patent under

the general mining laws on at least 90 percent of such applications within five years of the enactment of this Act and file

reports annually thereafter with the same committees detailing

actions taken by the Department of the Interior to carry out

such plan; and

(2) Take such actions as may be necessary to carry out

such plan.

(d) MINERAL EXAMINATIONS.—In order to process patent

applications in a timely and responsible manner, upon the request

of a patent applicant, the Secretary of the Interior shall allow

the applicant to fund a qualified third-party contractor to be selected

by the Bureau of Land Managment to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures

employed by the Bureau of Land Management in the retention

of third-party contractors.

SEC. 323. None of the funds appropriated or otherwise made

available by this Act may be used for the purposes of acquiring

lands in the counties of Lawrence, Monroe, or Washington, Ohio,

for the Wayne National Forest.

SEC. 324. No part of any appropriation contained in this Act

or any other Act shall be expended or obligated to fund the activities

of the Office of Forestry and Economic Development after December

31, 1995.

SEC. 325. (a) For one year after enactment of this Act, the

Secretary shall continue the current Tongass Land Management

Plan (TLMP) and may accommodate commercial tourism (if an

agreement is signed between the Forest Service and the Alaska

Visitors’ Association) except that during this period, the Secretary

shall maintain at least the number of acres of suitable available

and suitable scheduled timber lands, and Allowable Sale Quantity

as identified in the Preferred Alternative (Alternative P) in the

Tongass Land and Resources Management Plan and Final Environmental Impact Statement (dated October 1992) as selected in the

Record of Decision Review Draft #3–2/93. Nothing in this paragraph

shall be interpreted to mandate clear-cutting or require the sale

of timber and nothing in this paragraph, including the ASQ identified in Alternative P, shall be construed to limit the Secretary’s

consideration of new information or to prejudice future revision,

amendment or modification of TLMP based upon sound, verifiable

scientific data.

(b) If the Forest Service determines in a Supplemental Evaluation to an Environmental Impact Statement that no additional

analysis under the National Environmental Policy Act or section

810 of the Alaska National Interest Lands Conservation Act is

necessary for any timber sale or offering which has been prepared

for acceptance by, or award to, a purchaser after December 31,

1988, that has been subsequently determined by the Forest Service

to be available for sale or offering to one or more other purchaser,

the change of purchasers for whatever reason shall not be considered a significant new circumstance, and the Forest Service may

offer or award such timber sale or offering to a different purchaser

or offeree, notwithstanding any other provision of law. A determina-
110 STAT. 1321–205 PUBLIC LAW 104–134—APR. 26, 1996

tion by the Forest Service pursuant to this paragraph shall not

be subject to judicial review.

(c) The President is authorized to suspend the provisions of

subsections (a) or (b), or both, if he determines that such suspension

is appropriate based upon the public interest in sound environmental management, or protection of any cultural, biological, or

historic resources. Any suspension by the President shall take effect

on the date of execution, and continue in effect for such period,

not to extend beyond the period in which this section would otherwise be in effect, as the President may determine, and shall be

reported to the Congress prior to public release by the President.

If the President suspends the provisions of subsections (a) or (b)

or both, then such provisions shall have no legal force or effect

during such suspension.

SEC. 326. (a) LAND EXCHANGE.—The Secretary of the Interior

(hereinafter referred to as the ‘‘Secretary’’) is authorized to convey

to the Boise Cascade Corporation (hereinafter referred to as the

‘‘Corporation’’), a corporation formed under the statutes of the State

of Delaware, with its principal place of business at Boise, Idaho,

title to approximately seven acres of land, more or less, located

in sections 14 and 23, township 36 north, range 37 east, Willamette

Meridian, Stevens County, Washington, further identified in the

records of the Bureau of Reclamation, Department of the Interior,

as Tract No. GC–19860, and to accept from the Corporation in

exchange therefor, title to approximately one hundred and thirtysix acres of land located in section 19, township 37 north, range

38 east and section 33, township 38 north, range 37 east, Willamette

Meridian, Stevens County, Washington, and further identified in

the records of the Bureau of Reclamation, Department of the

Interior, as Tract No. GC–19858 and Tract No. GC–19859, respectively.

(b) APPRAISAL.—The properties so exchanged either shall be

approximately equal in fair market value or if they are not approximately equal, shall be equalized by the payment of cash to the

Corporation or to the Secretary as required or in the event the

value of the Corporation’s lands is greater, the acreage may be

reduced so that the fair market value is approximately equal:

Provided, That the Secretary shall order appraisals made of the

fair market value of each tract of land included in the exchange

without consideration for improvements thereon: Provided further,

That any cash payment received by the Secretary shall be covered

in the Reclamation Fund and credited to the Columbia Basin

project.

(c) ADMINISTRATIVE COSTS.—Costs of conducting the necessary

land surveys, preparing the legal descriptions of the lands to be

conveyed, performing the appraisals, and administrative costs

incurred in completing the exchange shall be borne by the Corporation.

(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1) The Secretary

shall not acquire any lands under this Act if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive

Environmental Response, Compensation, and Liability Act (42

U.S.C. 9601)).

(2) Notwithstanding any other provision of law, the United

States shall have no responsibility or liability with respect to any

hazardous wastes or other substances placed on any of the lands
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–206

covered by this Act after their transfer to the ownership of any

party, but nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States

based on the condition of such lands on the date of their transfer

to the ownership of another party. The Corporation shall indemnify

the United States for liabilities arising under the Comprehensive

Environmental Response, Compensation, and Liability Act (42

U.S.C. 9601), and the Resource Conservation Recovery Act (42

U.S.C. 6901 et seq.).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

the purposes of this Act.

SEC. 327. TIMBER SALES PIPELINE RESTORATION FUNDS.—(a)

The Secretary of Agriculture and the Secretary of the Interior

shall each establish a Timber Sales Pipeline Restoration Fund

(hereinafter ‘‘Agriculture Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’).

Any revenues received from sales released under section 2001(k)

of the fiscal year 1995 Supplemental Appropriations for Disaster

Assistance and Rescissions Act, minus the funds necessary to make

payments to States or local governments under other law concerning

the distribution of revenues derived from the affected lands, which

are in excess of $37,500,000 (hereinafter ‘‘excess revenues’’) shall

be deposited into the Funds. The distribution of excess revenues

between the Agriculture Fund and Interior Fund shall be calculated

by multiplying the total of excess revenues times a fraction with

a denominator of the total revenues received from all sales released

under such section 2001(k) and numerators of the total revenues

received from such sales on lands within the National Forest System

and the total revenues received from such sales on lands administered by the Bureau of Land Management, respectively: Provided,

That revenues or portions thereof from sales released under such

section 2001(k), minus the amounts necessary for State and local

government payments and other necessary deposits, may be deposited into the Funds immediately upon receipt thereof and subsequently redistributed between the Funds or paid into the United

States Treasury as miscellaneous receipts as may be required when

the calculation of excess revenues is made.

(b)(1) From the funds deposited into the Agriculture Fund

and into the Interior Fund pursuant to subsection (a)—

(A) seventy-five percent shall be available, without fiscal

year limitation or further appropriation, for preparation of timber sales, other than salvage sales as defined in section

2001(a)(3) of the fiscal year 1995 Supplemental Appropriations

for Disaster Assistance and Rescissions Act, which—

(i) are situated on lands within the National Forest

System and lands administered by the Bureau of Land

Management, respectively; and

(ii) are in addition to timber sales for which funds

are otherwise available in this Act or other appropriations

Acts; and

(B) twenty-five percent shall be available, without fiscal

year limitation or further appropriation, to expend on the backlog of recreation projects on lands within the National Forest

System and lands administered by the Bureau of Land Management, respectively.

(2) Expenditures under this subsection for preparation of timber

sales may include expenditures for Forest Service activities within
110 STAT. 1321–207 PUBLIC LAW 104–134—APR. 26, 1996

the forest land management budget line item and associated timber

roads, and Bureau of Land Management activities within the

Oregon and California grant lands account and the forestry management area account, as determined by the Secretary concerned.

(c) Revenues received from any timber sale prepared under

subsection (b) or under this subsection, minus the amounts necessary for State and local government payments and other necessary

deposits, shall be deposited into the Fund from which funds were

expended on such sale. Such deposited revenues shall be available

for preparation of additional timber sales and completion of additional recreation projects in accordance with the requirements set

forth in subsection (b).

(d) The Secretary concerned shall terminate all payments into

the Agriculture Fund or the Interior Fund, and pay any unobligated

funds in the affected Fund into the United States Treasury as

miscellaneous receipts, whenever the Secretary concerned makes

a finding, published in the Federal Register, that sales sufficient

to achieve the total allowable sales quantity of the National Forest

System for the Forest Service or the allowable sales level for the

Oregon and California grant lands for the Bureau of Land Management, respectively, have been prepared.

(e) Any timber sales prepared and recreation projects completed

under this section shall comply with all applicable environmental

and natural resource laws and regulations.

(f) The Secretary concerned shall report annually to the

Committees on Appropriations of the United States Senate and

the House of Representatives on expenditures made from the Fund

for timber sales and recreation projects, revenues received into

the Fund from timber sales, and timber sale preparation and recreation project work undertaken during the previous year and projected for the next year under the Fund. Such information shall

be provided for each Forest Service region and Bureau of Land

Management State office.

(g) The authority of this section shall terminate upon the termination of both Funds in accordance with the provisions of subsection

(d).

SEC. 328. Of the funds provided to the National Endowment

for the Arts:

(a) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature

fellowship, National Heritage Fellowship, or American Jazz

Masters Fellowship.

(b) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or regional group, may be used to make a grant

to any other organization or individual to conduct activity

independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods

and services.

(c) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMINISTRATION’S

RANGELAND REFORM PROGRAM.—None of the funds made available

under this or any other Act may be used to implement or enforce

the final rule published by the Secretary of the Interior on February

22, 1995 (60 Fed. Reg. 9894), making amendments to parts 4,

Procedures.

Grants.

Termination

date.

Reports.

Federal Register,

publication.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–208

1780, and 4100 of title 43, Code of Federal Regulations, to take

effect August 21, 1995, until November 21, 1995. None of the

funds made available under this or any other Act may be used

to publish proposed or enforce final regulations governing the

management of livestock grazing on lands administered by the

Forest Service until November 21, 1995.

SEC. 330. Section 1864 of title 18, United States Code, is

amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking ‘‘twenty’’ and inserting

‘‘40’’;

(B) in paragraph (3), by striking ‘‘ten’’ and inserting

‘‘20’’;

(C) in paragraph (4), by striking ‘‘if damage exceeding

$10,000 to the property of any individual results,’’ and

inserting ‘‘if damage to the property of any individual

results or if avoidance costs have been incurred exceeding

$10,000, in the aggregate,’’; and

(D) in paragraph (4), by striking ‘‘ten’’ and inserting

‘‘20’’;

(2) in subsection (c) by striking ‘‘ten’’ and inserting ‘‘20’’;

(3) in subsection (d), by—

(A) striking ‘‘and’’ at the end of paragraph (2);

(B) striking the period at the end of paragraph (3)

and inserting ‘‘; and’’; and

(C) adding at the end the following:

‘‘(4) the term ‘avoidance costs’ means costs incurred by

any individual for the purpose of—

‘‘(A) detecting a hazardous or injurious device; or

‘‘(B) preventing death, serious bodily injury, bodily

injury, or property damage likely to result from the use

of a hazardous or injurious device in violation of subsection

(a).’’; and

(4) by adding at the end thereof the following:

‘‘(e) Any person injured as the result of a violation of subsection

(a) may commence a civil action on his own behalf against any

person who is alleged to be in violation of subsection (a). The

district courts shall have jurisdiction, without regard to the amount

in controversy or the citizenship of the parties, in such civil actions.

The court may award, in addition to monetary damages for any

injury resulting from an alleged violation of subsection (a), costs

of litigation, including reasonable attorney and expert witness fees,

to any prevailing or substantially prevailing party, whenever the

court determines such award is appropriate.’’.

SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT FOR THE

ARTS.—Section 2 of the National Foundation on the Arts and the

Humanities Act of 1965, as amended (20 U.S.C. 951), sets out

findings and purposes for which the National Endowment for the

Arts was established, among which are—

(1) ‘‘The arts and humanities belong to all the people of

the United States’’;

(2) ‘‘The arts and humanities reflect the high place accorded

by the American people . . . to the fostering of mutual respect

for the diverse beliefs and values of all persons and groups’’;

(3) ‘‘Public funding of the arts and humanities is subject

to the conditions that traditionally govern the use of public

Courts.
110 STAT. 1321–209 PUBLIC LAW 104–134—APR. 26, 1996

money [and] such funding should contribute to public support

and confidence in the use of taxpayer funds’’; and

(4) ‘‘Public funds provided by the Federal Government must

ultimately serve public purposes the Congress defines’’.

(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Congress further

finds and declares that the use of scarce funds, which have been

taken from all taxpayers of the United States, to promote, disseminate, sponsor, or produce any material or performance that—

(1) denigrates the religious objects or religious beliefs of

the adherents of a particular religion, or

(2) depicts or describes, in a patently offensive way, sexual

or excretory activities or organs,

is contrary to the express purposes of the National Foundation

on the Arts and the Humanities Act of 1965, as amended.

(c) PROHIBITION ON FUNDING THAT IS NOT CONSISTENT WITH

THE PURPOSES OF THE ACT.—Notwithstanding any other provision

of law, none of the scarce funds which have been taken from

all taxpayers of the United States and made available under this

Act to the National Endowment for the Arts may be used to promote, disseminate, sponsor, or produce any material or performance

that—

(1) denigrates the religious objects or religious beliefs of

the adherents of a particular religion, or

(2) depicts or describes, in a patently offensive way, sexual

or excretory activities or organs,

and this prohibition shall be strictly applied without regard to

the content or viewpoint of the material or performance.

(d) SECTION NOT TO AFFECT OTHER WORKS.—Nothing in this

section shall be construed to affect in any way the freedom of

any artist or performer to create any material or performance

using funds which have not been made available under this Act

to the National Endowment for the Arts.

SEC. 332. For purposes related to the closure of the Bureau

of Mines, funds made available to the United States Geological

Survey, the United States Bureau of Mines, and the Bureau of

Land Management shall be available for transfer, with the approval

of the Secretary of the Interior, among the following accounts:

United States Geological Survey, Surveys, investigations, and

research; Bureau of Mines, Mines and minerals; and Bureau of

Land Management, Management of lands and resources. The Secretary of Energy shall reimburse the Secretary of the Interior,

in an amount to be determined by the Director of the Office of

Management and Budget, for the expenses of the transferred functions between October 1, 1995 and the effective date of the transfers

of function. Such transfers shall be subject to the reprogramming

guidelines of the House and Senate Committees on Appropriations.

SEC. 333. No funds appropriated under this or any other Act

shall be used to review or modify sourcing areas previously approved

under section 490(c)(3) of the Forest Resources Conservation and

Shortage Relief Act of 1990 (Public Law 101–382) or to enforce

or implement Federal regulations 36 CFR part 223 promulgated

on September 8, 1995. The regulations and interim rules in effect

prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36

CFR 223 Subpart D, 36 CFR 223 Subpart F, and 36 CFR 261.6)

shall remain in effect. The Secretary of Agriculture or the Secretary

of the Interior shall not adopt any policies concerning Public Law

101–382 or existing regulations that would restrain domestic

Guidelines.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–210

transportation or processing of timber from private lands or impose

additional accountability requirements on any timber. The Secretary

of Commerce shall extend until September 30, 1996, the order

issued under section 491(b)(2)(A) of Public Law 101–382 and shall

issue an order under section 491(b)(2)(B) of such law that will

be effective October 1, 1996.

SEC. 334. The National Park Service, in accordance with the

Memorandum of Agreement between the United States National

Park Service and the City of Vancouver dated November 4, 1994,

shall permit general aviation on its portion of Pearson Field in

Vancouver, Washington until the year 2022, during which time

a plan and method for transitioning from general aviation aircraft

to historic aircraft shall be completed; such transition to be accomplished by that date. This action shall not be construed to limit

the authority of the Federal Aviation Administration over air traffic

control or aviation activities at Pearson Field or limit operations

and airspace of Portland International Airport.

SEC. 335. The United States Forest Service approval of Alternative site 2 (ALT 2), issued on December 6, 1993, is hereby

authorized and approved and shall be deemed to be consistent

with, and permissible under, the terms of Public Law 100–696

(the Arizona-Idaho Conservation Act of 1988).

SEC. 336. None of the funds made available to the Department

of the Interior or the Department of Agriculture by this or any

other Act may be used to issue or implement final regulations,

rules, or policies pursuant to Title VIII of the Alaska National

Interest Lands Conservation Act to assert jurisdiction, management,

or control over navigable waters transferred to the State of Alaska

pursuant to the Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959.

SEC. 337. Directs the Department of the Interior to transfer

to the Daughters of the American Colonists a plaque in the possession of the National Park Service. The Park Service currently

has this plaque in storage and this provision provides for its return

to the organization that originally placed the plaque on the Great

Southern Hotel in Saint Louis, Missouri in 1933 to mark the site

of Fort San Carlos.

SEC. 338. Upon enactment of this Act, all funds obligated

in fiscal year 1996 under ‘‘Salaries and expenses’’, Pennsylvania

Avenue Development Corporation are to be offset by unobligated

balances made available under this Act under the account ‘‘Public

development’’, Pennsylvania Avenue Development Corporation and

all funds obligated in fiscal year 1996 under ‘‘International forestry’’,

Forest Service are to be offset, as appropriate, by funds made

available under this Act under the accounts ‘‘Forest research’’,

‘‘State and private forestry’’, ‘‘National forest system’’, and

‘‘Construction’’ in the Forest Service.

SEC. 339. (a) Notwithstanding any other provision of law, in

order to avoid or minimize the need for involuntary separations

due to a reduction in force, reorganizations, transfer of function,

or other similar action, the Secretary of the Smithsonian Institution

may pay, or authorize the payment of, voluntary separation incentive payments to Smithsonian Institution employees who separate

from Federal service voluntarily through October 1, 1996 (whether

by retirement or resignation).

(b) A voluntary separation incentive payment—

5 USC 5597 note.

Daughters of the

American

Colonists.

Washington.

Aviation.

Extension date.

Effective date.

16 USC 620c

note.
110 STAT. 1321–211 PUBLIC LAW 104–134—APR. 26, 1996

(1) shall be paid in a lump sum after the employee’s separation in an amount to be determined by the Secretary, but

shall not exceed $25,000; and

(2) shall not be a basis for payment, and shall not be

included in the computation, of any other type of benefit.

(c)(1) An employee who has received a voluntary separation

incentive payment under this section and accepts employment with

any agency or instrumentality of the United States within 5 years

after the date of the separation on which the payment is based

shall be required to repay the entire amount of the incentive payment to the Smithsonian Institution.

(2) The repayment required by paragraph (1) may be waived

only by the Secretary.

(d) In addition to any other payments which it is required

to make under subchapter III of chapter 83 of title 5, United

States Code, the Smithsonian shall remit to the Office of Personnel

Management for deposit in the Treasury of the United States to

the credit of the Civil Service Retirement and Disability Fund

an amount equal to 15 percent of the final basic pay of each

employee of the Smithsonian to whom a voluntary separation incentive payment has been paid.

This Act may be cited as the ‘‘Department of the Interior

and Related Agencies Appropriations Act, 1996’’.

(d) For programs, projects or activities in the Departments

of Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations

Act:

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for

the fiscal year ending September 30, 1996 and for other purposes.

TITLE I—DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For expenses necessary to carry into effect the Job Training

Partnership Act, as amended, including the purchase and hire

of passenger motor vehicles, the construction, alteration, and repair

of buildings and other facilities, and the purchase of real property

for training centers as authorized by the Job Training Partnership

Act; title II of the Civil Rights Act of 1991; the Women in

Apprenticeship and Nontraditional Occupations Act; National Skill

Standards Act of 1994; and the School-to-Work Opportunities Act;

$4,146,278,000 plus reimbursements, of which $3,226,559,000 is

available for obligation for the period July 1, 1996 through June

30, 1997; of which $121,467,000 is available for the period July

1, 1996 through June 30, 1999 for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers; and of

which $170,000,000 shall be available from July 1, 1996 through

September 30, 1997, for carrying out activities of the School-toWork Opportunities Act: Provided, That $52,502,000 shall be for

carrying out section 401 of the Job Training Partnership Act,

Department of

Labor

Appropriations

Act, 1996.

Departments of

Labor, Health

and Human

Services, and

Education, and

Related Agencies

Appropriations

Act, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–212

$69,285,000 shall be for carrying out section 402 of such Act,

$7,300,000 shall be for carrying out section 441 of such Act,

$8,000,000 shall be for all activities conducted by and through

the National Occupational Information Coordinating Committee

under such Act, $850,000,000 shall be for carrying out title II,

part A of such Act, $126,672,000 shall be for carrying out title

II, part C of such Act and $2,500,000 shall be available for obligation

from October 1, 1995 through September 30, 1996 to support shortterm training and employment-related activities incurred by the

organizer of the 1996 Paralympic Games: Provided further, That

no funds from any other appropriation shall be used to provide

meal services at or for Job Corps centers: Provided further, That

notwithstanding any other provision of law, the Secretary of Labor

may waive any of the requirements contained in sections 4, 104,

105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311, 313, 314,

and 315 of the Job Training Partnership Act in order to assist

States in improving State workforce development systems, pursuant

to a request submitted by a State that has prior to the date

of enactment of this Act executed a Memorandum of Understanding

with the United States requiring such State to meet agreed upon

outcomes: Provided further, That funds used from this Act to carry

out title III of the Job Training Partnership Act shall not be

subject to the limitation contained in subsection (b) of section 315

of such Act; that the waiver allowing a reduction in the cost limitation relating to retraining services described in subsection (a)(2)

of such section 315 may be granted with respect to funds from

this Act if a substate grantee demonstrates to the Governor that

such waiver is appropriate due to the availability of low-cost retraining services, is necessary to facilitate the provision of needs-related

payments to accompany long-term training, or is necessary to facilitate the provision of appropriate basic readjustment services and

that funds used from this Act to carry out the Secretary’s discretionary grants under part B of such title III may be used to

provide needs-related payments to participants who, in lieu of meeting the requirements relating to enrollment in training under section 314(e) of such Act, are enrolled in training by the end of

the sixth week after funds have been awarded: Provided further,

That service delivery areas may transfer funding provided herein

under authority of titles II–B and II–C of the Job Training Partnership Act between the programs authorized by those titles of that

Act, if such transfer is approved by the Governor: Provided further,

That service delivery areas and substate areas may transfer funding

provided herein under authority of title II–A and title III of the

Job Training Partnership Act between the programs authorized

by those titles of the Act, if such transfer is approved by the

Governor: Provided further, That, notwithstanding any other provision of law, any proceeds from the sale of Job Corps Center facilities

shall be retained by the Secretary of Labor to carry out the Job

Corps program.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out the activities for national grants or contracts

with public agencies and public or private nonprofit organizations

under paragraph (1)(A) of section 506(a) of title V of the Older

Americans Act of 1965, as amended, or to carry out older worker

activities as subsequently authorized, $290,940,000.
110 STAT. 1321–213 PUBLIC LAW 104–134—APR. 26, 1996

To carry out the activities for grants to States under paragraph

(3) of section 506(a) of title V of the Older Americans Act of

1965, as amended, or to carry out older worker activities as subsequently authorized, $82,060,000.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment

benefit payments and allowances under part I, and for training,

for allowances for job search and relocation, and for related State

administrative expenses under part II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as amended, $346,100,000,

together with such amounts as may be necessary to be charged

to the subsequent appropriation for payments for any period subsequent to September 15 of the current year.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For activities authorized by the Act of June 6, 1933, as amended

(29 U.S.C. 49–49l–1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social

Security Act, as amended (42 U.S.C. 502–504); necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, and sections

225, 231–235, 243–244, and 250(d)(1), 250(d)(3), title II of the

Trade Act of 1974, as amended; as authorized by section 7c of

the Act of June 6, 1933, as amended, necessary administrative

expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and

(3), (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the Immigration

and Nationality Act, as amended (8 U.S.C. 1101 et seq.); necessary

administrative expenses to carry out section 221(a) of the Immigration Act of 1990, $135,328,000, together with not to exceed

$3,102,194,000 (including not to exceed $1,653,000 which may be

used for amortization payments to States which had independent

retirement plans in their State employment service agencies prior

to 1980, and including not to exceed $2,000,000 which may be

obligated in contracts with non-State entities for activities such

as occupational and test research activities which benefit the Federal-State Employment Service System), which may be expended

from the Employment Security Administration account in the

Unemployment Trust Fund, and of which the sums available in

the allocation for activities authorized by title III of the Social

Security Act, as amended (42 U.S.C. 502–504), and the sums available in the allocation for necessary administrative expenses for

carrying out 5 U.S.C. 8501–8523, shall be available for obligation

by the States through December 31, 1996, except that funds used

for automation acquisitions shall be available for obligation by

States through September 30, 1998; and of which $133,452,000,

together with not to exceed $738,283,000 of the amount which

may be expended from said trust fund shall be available for obligation for the period July 1, 1996, through June 30, 1997, to fund

activities under the Act of June 6, 1933, as amended, including

the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which $216,333,000 shall be available only to the extent necessary for additional State allocations

to administer unemployment compensation laws to finance

increases in the number of unemployment insurance claims filed

and claims paid or changes in a State law: Provided, That to

the extent that the Average Weekly Insured Unemployment (AWIU)
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–214

for fiscal year 1996 is projected by the Department of Labor to

exceed 2.785 million, an additional $28,600,000 shall be available

for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) from

the Employment Security Administration Account of the Unemployment Trust Fund: Provided further, That funds appropriated in

this Act which are used to establish a national one-stop career

center network may be obligated in contracts, grants or agreements

with non-State entities: Provided further, That funds appropriated

under this Act for activities authorized under the Wagner-Peyser

Act, as amended, and title III of the Social Security Act, may

be used by the States to fund integrated Employment Service and

Unemployment Insurance automation efforts, notwithstanding cost

allocation principles prescribed under Office of Management and

Budget Circular A–87.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as

authorized by sections 905(d) and 1203 of the Social Security Act,

as amended, and to the Black Lung Disability Trust Fund as

authorized by section 9501(c)(1) of the Internal Revenue Code of

1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United

States Code, and section 104(d) of Public Law 102–164, and section

5 of Public Law 103–6, and to the ‘‘Federal unemployment benefits

and allowances’’ account, to remain available until September 30,

1997, $369,000,000.

In addition, for making repayable advances to the Black Lung

Disability Trust Fund in the current fiscal year after September

15, 1996, for costs incurred by the Black Lung Disability Trust

Fund in the current fiscal year, such sums as may be necessary.

ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT

OF THE UNEMPLOYMENT TRUST FUND

(RESCISSION)

Amounts remaining unobligated under this heading as of

September 30, 1995, are hereby rescinded.

PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

(RESCISSION)

Of the amounts remaining unobligated under this heading as

of September 30, 1995, $266,000,000 are hereby rescinded.

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs and for carrying out section 908 of the Social Security Act,

$83,054,000, together with not to exceed $40,793,000, which may

be expended from the Employment Security Administration account

in the Unemployment Trust Fund.
110 STAT. 1321–215 PUBLIC LAW 104–134—APR. 26, 1996

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for Pension and Welfare Benefits Administration, $67,497,000.

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to

make such expenditures, including financial assistance authorized

by section 104 of Public Law 96–364, within limits of funds and

borrowing authority available to such Corporation, and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

the Government Corporation Control Act, as amended (31 U.S.C.

9104), as may be necessary in carrying out the program through

September 30, 1996, for such Corporation: Provided, That not to

exceed $10,603,000 shall be available for administrative expenses

of the Corporation: Provided further, That expenses of such Corporation in connection with the collection of premiums, the termination

of pension plans, for the acquisition, protection or management,

and investment of trust assets, and for benefits administration

services shall be considered as non-administrative expenses for

the purposes hereof, and excluded from the above limitation.

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards

Administration, including reimbursement to State, Federal, and

local agencies and their employees for inspection services rendered,

$265,637,000, together with $1,007,000 which may be expended

from the Special Fund in accordance with sections 39(c) and 44(j)

of the Longshore and Harbor Workers’ Compensation Act: Provided,

That the Secretary of Labor is authorized to accept, retain, and

spend, until expended, in the name of the Department of Labor,

all sums of money ordered to be paid to the Secretary of Labor,

in accordance with the terms of the Consent Judgment in Civil

Action No. 91–0027 of the United States District Court for the

District of the Northern Mariana Islands (May 21, 1992): Provided

further, That the Secretary of Labor is authorized to establish

and, in accordance with 31 U.S.C. 3302, collect and deposit in

the Treasury fees for processing applications and issuing certificates

under sections 11(d) and 14 of the Fair Labor Standards Act of

1938, as amended (29 U.S.C. 211(d) and 214) and for processing

applications and issuing registrations under Title I of the Migrant

and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801

et seq.

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses

(except administrative expenses) accruing during the current or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–216

any prior fiscal year authorized by title 5, chapter 81 of the United

States Code; continuation of benefits as provided for under the

head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission

Appropriation Act, 1944; and sections 4(c) and 5(f) of the War

Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum

of the additional compensation and benefits required by section

10(h) of the Longshore and Harbor Workers’ Compensation Act,

as amended, $218,000,000 together with such amounts as may

be necessary to be charged to the subsequent year appropriation

for the payment of compensation and other benefits for any period

subsequent to August 15 of the current year: Provided, That such

sums as are necessary may be used under section 8104 of title

5, United States Code, by the Secretary to reimburse an employer,

who is not the employer at the time of injury, for portions of

the salary of a reemployed, disabled beneficiary: Provided further,

That balances of reimbursements unobligated on September 30,

1995, shall remain available until expended for the payment of

compensation, benefits, and expenses: Provided further, That in

addition there shall be transferred to this appropriation from the

Postal Service and from any other corporation or instrumentality

required under section 8147(c) of title 5, United States Code, to

pay an amount for its fair share of the cost of administration,

such sums as the Secretary of Labor determines to be the cost

of administration for employees of such fair share entities through

September 30, 1996: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost

of administration, $19,383,000 shall be made available to the Secretary of Labor for expenditures relating to capital improvements

in support of Federal Employees’ Compensation Act administration,

and the balance of such funds shall be paid into the Treasury

as miscellaneous receipts: Provided further, That the Secretary

may require that any person filing a notice of injury or a claim

for benefits under Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor Workers’

Compensation Act, as amended), provide as part of such notice

and claim, such identifying information (including Social Security

account number) as such regulations may prescribe.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payments from the Black Lung Disability Trust Fund, $996,763,000, of which $949,494,000 shall be available until

September 30, 1997, for payment of all benefits as authorized

by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue

Code of 1954, as amended, and interest on advances as authorized

by section 9501(c)(2) of that Act, and of which $27,350,000 shall

be available for transfer to Employment Standards Administration,

Salaries and Expenses, and $19,621,000 for transfer to Departmental Management, Salaries and Expenses, and $298,000 for

transfer to Departmental Management, Office of Inspector General,

for expenses of operation and administration of the Black Lung

Benefits program as authorized by section 9501(d)(5)(A) of that

Act: Provided, That in addition, such amounts as may be necessary

may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period
110 STAT. 1321–217 PUBLIC LAW 104–134—APR. 26, 1996

subsequent to August 15 of the current year: Provided further,

That in addition such amounts shall be paid from this fund into

miscellaneous receipts as the Secretary of the Treasury determines

to be the administrative expenses of the Department of the Treasury

for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health

Administration, $304,984,000 including not to exceed $68,295,000

which shall be the maximum amount available for grants to States

under section 23(g) of the Occupational Safety and Health Act,

which grants shall be no less than fifty percent of the costs of

State occupational safety and health programs required to be

incurred under plans approved by the Secretary under section 18

of the Occupational Safety and Health Act of 1970; and, in addition,

notwithstanding 31 U.S.C. 3302, the Occupational Safety and

Health Administration may retain up to $750,000 per fiscal year

of training institute course tuition fees, otherwise authorized by

law to be collected, and may utilize such sums for occupational

safety and health training and education grants: Provided, That

none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any

standard, rule, regulation, or order under the Occupational Safety

and Health Act of 1970 which is applicable to any person who

is engaged in a farming operation which does not maintain a

temporary labor camp and employs ten or fewer employees: Provided further, That no funds appropriated under this paragraph

shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and

Health Act of 1970 with respect to any employer of ten or fewer

employees who is included within a category having an occupational

injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less

than the national average rate as such rates are most recently

published by the Secretary, acting through the Bureau of Labor

Statistics, in accordance with section 24 of that Act (29 U.S.C.

673), except—

(1) to provide, as authorized by such Act, consultation,

technical assistance, educational and training services, and to

conduct surveys and studies;

(2) to conduct an inspection or investigation in response

to an employee complaint, to issue a citation for violations

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement

period and for any willful violations found;

(3) to take any action authorized by such Act with respect

to imminent dangers;

(4) to take any action authorized by such Act with respect

to health hazards;

(5) to take any action authorized by such Act with respect

to a report of an employment accident which is fatal to one

or more employees or which results in hospitalization of two

29 USC 670 note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–218

or more employees, and to take any action pursuant to such

investigation authorized by such Act; and

(6) to take any action authorized by such Act with respect

to complaints of discrimination against employees for exercising

rights under such Act:

Provided further, That the foregoing proviso shall not apply to

any person who is engaged in a farming operation which does

not maintain a temporary labor camp and employs ten or fewer

employees.

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $196,673,000, including purchase and bestowal of

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles; the Secretary

is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects

in cooperation with other agencies, Federal, State, or private; the

Mine Safety and Health Administration is authorized to promote

health and safety education and training in the mining community

through cooperative programs with States, industry, and safety

associations; and any funds available to the Department may be

used, with the approval of the Secretary, to provide for the costs

of mine rescue and survival operations in the event of a major

disaster: Provided, That none of the funds appropriated under this

paragraph shall be obligated or expended to carry out section 115

of the Federal Mine Safety and Health Act of 1977 or to carry

out that portion of section 104(g)(1) of such Act relating to the

enforcement of any training requirements, with respect to shell

dredging, or with respect to any sand, gravel, surface stone, surface

clay, colloidal phosphate, or surface limestone mine.

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,

including advances or reimbursements to State, Federal, and local

agencies and their employees for services rendered, $293,181,000,

of which $11,549,000 shall be for expenses of revising the Consumer

Price Index and shall remain available until September 30, 1997,

together with not to exceed $51,278,000, which may be expended

from the Employment Security Administration account in the

Unemployment Trust Fund.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including the hire of three sedans, and including up to $4,358,000 for

the President’s Committee on Employment of People With Disabilities, $141,047,000; together with not to exceed $303,000, which

may be expended from the Employment Security Administration

account in the Unemployment Trust Fund: Provided, That no funds 33 USC 921 note.

30 USC 962.
110 STAT. 1321–219 PUBLIC LAW 104–134—APR. 26, 1996

made available by this Act may be used by the Solicitor of Labor

to participate in a review in any United States court of appeals

of any decision made by the Benefits Review Board under section

21 of the Longshore and Harbor Workers’ Compensation Act (33

U.S.C. 921) where such participation is precluded by the decision

of the United States Supreme Court in Director, Office of Workers’

Compensation Programs v. Newport News Shipbuilding, 115 S.

Ct. 1278, (1995): Provided further, That no funds made available

by this Act may be used by the Secretary of Labor after September

12, 1996, to review a decision under the Longshore and Harbor

Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been

appealed and that has been pending before the Benefits Review

Board for more than 12 months, except as otherwise specified

herein: Provided further, That any such decision pending a review

by the Benefits Review Board for more than one year shall, if

not acted upon by the Board before September 12, 1996, be considered affirmed by the Benefits Review Board on that date, and

shall be considered the final order of the Board for purposes of

obtaining a review in the United States courts of appeals: Provided

further, that beginning on September 13, 1996, the Benefits Review

Board shall make a decision on an appeal of a decision under

the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.

901 et seq.) not later than 1 year after the date the appeal to

the Benefits Review Board was filed; however, if the Benefits

Review Board fails to make a decision within the 1-year period,

the decision under review shall be considered the final order of

the Board for purposes of obtaining a review in the United States

courts of appeals: Provided further that these provisions shall not

be applicable to the review of any decision issued under the Black

Lung Benefits Act (30 USC 901 et seq.).

Beginning on September 13, 1996, in any appeal to the Benefits

Review Board that has been pending for one year, the petitioner

may elect to maintain the proceeding before the Benefits Review

Board for a period of 60 days. Such election shall be filed with

the Board no later than 30 days prior to the end of the oneyear period. If no decision is rendered during this 60-day period,

the decision under review shall be considered affirmed by the Board

on the last day of such period, and shall be considered the final

order of the Board for purposes of obtaining a review in the United

States courts of appeals.

WORKING CAPITAL FUND

The language under this heading in Public Law 85–67, as

amended, is further amended by adding the following before the

last period: ‘‘: Provided further, That within the Working Capital

Fund, there is established an Investment in Reinvention Fund

(IRF), which shall be available to invest in projects of the Department designed to produce measurable improvements in agency efficiency and significant taxpayer savings. Notwithstanding any other

provision of law, the Secretary of Labor may retain up to $3,900,000

of the unobligated balances in the Department’s annual Salaries

and Expenses accounts as of September 30, 1995, and transfer

those amounts to the IRF to provide the initial capital for the

IRF, to remain available until expended, to make loans to agencies

of the Department for projects designed to enhance productivity

and generate cost savings. Such loans shall be repaid to the IRF

no later than September 30 of the fiscal year following the fiscal

29 USC 563.

Effective date.

33 USC 921 note.

Effective date.

Effective date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–220

year in which the project is completed. Such repayments shall

be deposited in the IRF, to be available without further appropriation action.’’

ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $170,390,000 may be derived from the Employment Security Administration account in the Unemployment Trust

Fund to carry out the provisions of 38 U.S.C. 4100–4110A and

4321–4327, and Public Law 103–353, and which shall be available

for obligation by the States through December 31, 1996.

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $44,426,000, together with not to exceed

$3,615,000, which may be expended from the Employment Security

Administration account in the Unemployment Trust Fund.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title for

the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost,

at a rate in excess of $125,000.

SEC. 102. None of the funds made available in this Act may

be used by the Occupational Safety and Health Administration

directly or through section 23(g) of the Occupational Safety and

Health Act to promulgate or issue any proposed or final standard

or guideline regarding ergonomic protection. Nothing in this section

shall be construed to limit the Occupational Safety and Health

Administration from conducting any peer reviewed risk assessment

activity regarding ergonomics, including conducting peer reviews

of the scientific basis for establishing any standard or guideline,

direct or contracted research, or other activity necessary to fully

establish the scientific basis for promulgating any standard or

guideline on ergonomic protection.

(TRANSFER OF FUNDS)

SEC. 103. Not to exceed 1 percent of any appropriation made

available for the current fiscal year for the Department of Labor

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 3 percent

by any such transfers: Provided, That the Appropriations Committees of both Houses of Congress are notified at least fifteen days

in advance of any transfers.

SEC. 104. Funds shall be available for carrying out Title IV–

B of the Job Training Partnership Act, notwithstanding section

427(c) of that Act, if a Job Corps center fails to meet national

performance standards established by the Secretary.

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

Ergonomics.
110 STAT. 1321–221 PUBLIC LAW 104–134—APR. 26, 1996

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, VII, VIII, X, XVI, XIX, and

XXVI of the Public Health Service Act, section 427(a) of the Federal

Coal Mine Health and Safety Act, title V of the Social Security

Act, the Health Care Quality Improvement Act of 1986, as amended,

Public Law 101–527, and the Native Hawaiian Health Care Act

of 1988, as amended, $3,077,857,000, of which $391,700,000 shall

be for part A of title XXVI of the Public Health Service Act and

$260,847,000 shall be for part B of title XXVI of the Public Health

Service Act, and of which $411,000 shall remain available until

expended for interest subsidies on loan guarantees made prior

to fiscal year 1981 under part B of title VII of the Public Health

Service Act: Provided, That the Division of Federal Occupational

Health may utilize personal services contracting to employ professional management/administrative, and occupational health professionals: Provided further, That of the funds made available under

this heading, $858,000 shall be available until expended for facilities

renovations at the Gillis W. Long Hansen’s Disease Center: Provided

further, That in addition to fees authorized by section 427(b) of

the Health Care Quality Improvement Act of 1986, fees shall be

collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner

Data Bank, and shall remain available until expended to carry

out that Act: Provided further, That no more than $5,000,000 is

available for carrying out the provisions of Public Law 104–73:

Provided further, That of the funds made available under this

heading, $193,349,000 shall be for the program under title X of

the Public Health Service Act to provide for voluntary family planning projects: Provided further, That amounts provided to said

projects under such title shall not be expended for abortions, that

all pregnancy counseling shall be nondirective, and that such

amounts shall not be expended for any activity (including the

publication or distribution of literature) that in any way tends

to promote public support or opposition to any legislative proposal

or candidate for public office: Provided further, That notwithstanding any other provision of law, funds made available under this

heading may be used to continue operating the Council on Graduate

Medical Education established by section 301 of Public Law 102–

408: Provided further, That the Secretary shall use amounts available for section 2603(b) of the Public Health Service Act as necessary

to ensure that fiscal year 1996 grant awards made under section

2603(a) of such Act to eligible areas that received such grants

in fiscal year 1995 are not less than 99 percent of the fiscal year

1995 level: Provided further, That funds made available under

this heading for activities authorized by part A of title XXVI of

the Public Health Service Act are available only for those metropolitan areas previously funded under Public Law 103–333 or with

a cumulative total of more than 2,000 cases of AIDS, as reported

to the Centers for Disease Control and Prevention as of March

31, 1995, and have a population of 500,000 or more: Provided

further, That of the amounts provided for part B of title XXVI

AIDS.

Abortion.

Family planning.

Department of

Health and

Human Services

Appropriations

Act, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–222

of the Public Health Service Act $52,000,000 shall be used only

for State AIDS Drug Assistance Programs authorized by section

2616 of the Public Health Service Act and shall be distributed

to States as authorized by section 2618(b)(2) of such Act.

MEDICAL FACILITIES GUARANTEE AND LOAN FUND

FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

For carrying out subsections (d) and (e) of section 1602 of

the Public Health Service Act, $8,000,000, together with any

amounts received by the Secretary in connection with loans and

loan guarantees under title VI of the Public Health Service Act,

to be available without fiscal year limitation for the payment of

interest subsidies. During the fiscal year, no commitments for direct

loans or loan guarantees shall be made.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

For the cost of guaranteed loans, such sums as may be necessary to carry out the purpose of the program, as authorized

by title VII of the Public Health Service Act, as amended: Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974: Provided further, That these funds are available to subsidize

gross obligations for the total loan principal any part of which

is to be guaranteed at not to exceed $210,000,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $2,688,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program

Trust Fund, such sums as may be necessary for claims associated

with vaccine-related injury or death with respect to vaccines

administered after September 30, 1988, pursuant to subtitle 2 of

title XXI of the Public Health Service Act, to remain available

until expended: Provided, That for necessary administrative

expenses, not to exceed $3,000,000 shall be available from the

Trust Fund to the Secretary of Health and Human Services.

VACCINE INJURY COMPENSATION

For payment of claims resolved by the United States Court

of Federal Claims related to the administration of vaccines before

October 1, 1988, $110,000,000, to remain available until expended.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

(RESCISSION)

Of the amounts made available under this heading in Public

Law 103–333, Public Law 103–112, and Public Law 102–394 for

immunization activities, $53,000,000 are hereby rescinded: Provided, That the Director may redirect the total amount made available under authority of Public Law 101–502, section 3, dated

November 3, 1990, to activities the Director may so designate:
110 STAT. 1321–223 PUBLIC LAW 104–134—APR. 26, 1996

Provided further, That the Congress is to be notified promptly

of any such transfer.

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service

Act with respect to substance abuse and mental health services,

the Protection and Advocacy for Mentally Ill Individuals Act of

1986, and section 301 of the Public Health Service Act with respect

to program management, $1,883,715,000.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, and for payments

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired

personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.

55), and for payments pursuant to section 229(b) of the Social

Security Act (42 U.S.C. 429(b)), such amounts as may be required

during the current fiscal year.

AGENCY FOR HEALTH CARE POLICY AND RESEARCH

HEALTH CARE POLICY AND RESEARCH

For carrying out titles III and IX of the Public Health Service

Act, and part A of title XI of the Social Security Act, $65,186,000;

in addition, amounts received from Freedom of Information Act

fees, reimbursable and interagency agreements, and the sale of

data tapes shall be credited to this appropriation and shall remain

available until expended: Provided, That the amount made available

pursuant to section 926(b) of the Public Health Service Act shall

not exceed $60,124,000.

HEALTH CARE FINANCING ADMINISTRATION

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and

XIX of the Social Security Act, $55,094,355,000, to remain available

until expended.

For making, after May 31, 1996, payments to States under

title XIX of the Social Security Act for the last quarter of fiscal

year 1996 for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

For making payments to States under title XIX of the Social

Security Act for the first quarter of fiscal year 1997,

$26,155,350,000, to remain available until expended.

Payment under title XIX may be made for any quarter with

respect to a State plan or plan amendment in effect during such

quarter, if submitted in or prior to such quarter and approved

in that or any subsequent quarter.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–224

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal

Supplementary Medical Insurance Trust Funds, as provided under

sections 217(g) and 1844 of the Social Security Act, sections 103(c)

and 111(d) of the Social Security Amendments of 1965, section

278(d) of Public Law 97–248, and for administrative expenses

incurred pursuant to section 201(g) of the Social Security Act,

$63,313,000,000.

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,

and XIX of the Social Security Act, and title XIII of the Public

Health Service Act, the Clinical Laboratory Improvement Amendments of 1988, and section 4005(e) of Public Law 100–203, not

to exceed $1,734,810,000, together with all funds collected in accordance with section 353 of the Public Health Service Act, the latter

funds to remain available until expended, together with such sums

as may be collected from authorized user fees and the sale of

data, which shall remain available until expended, the

$1,734,810,000, to be transferred to this appropriation as authorized

by section 201(g) of the Social Security Act, from the Federal

Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided, That all funds derived in accordance

with 31 U.S.C. 9701 from organizations established under title

XIII of the Public Health Service Act are to be credited to this

appropriation.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of

the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title

XIII of the Public Health Service Act, to be available without

fiscal year limitation for the payment of outstanding obligations.

During fiscal year 1996, no commitments for direct loans or loan

guarantees shall be made.

ADMINISTRATION FOR CHILDREN AND FAMILIES

FAMILY SUPPORT PAYMENTS TO STATES

For making payments to States or other non-Federal entities,

except as otherwise provided, under titles I, IV–A (other than

section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security

Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,614,307,000,

to remain available until expended.

For making, after May 31 of the current fiscal year, payments

to States or other non-Federal entities under titles I, IV–A and

D, X, XI, XIV, and XVI of the Social Security Act, for the last

three months of the current year for unanticipated costs, incurred

for the current fiscal year, such sums as may be necessary.

For making payments to States or other non-Federal entities

under titles I, IV–A (other than section 402(g)(6)) and D, X, XI,

XIV, and XVI of the Social Security Act and the Act of July 5,
110 STAT. 1321–225 PUBLIC LAW 104–134—APR. 26, 1996

1960 (24 U.S.C. ch. 9) for the first quarter of fiscal year 1997,

$4,800,000,000, to remain available until expended.

JOB OPPORTUNITIES AND BASIC SKILLS

For carrying out aid to families with dependent children work

programs, as authorized by part F of title IV of the Social Security

Act, $1,000,000,000.

LOW INCOME HOME ENERGY ASSISTANCE

(INCLUDING RESCISSION)

Of the funds made available beginning on October 1, 1995 under this heading in Public Law 103–333, $100,000,000 are hereby

rescinded.

For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $300,000,000 to be available for obligation in the period October 1, 1996 through September 30, 1997:

Provided, That all of the funds available under this paragraph

are hereby designated by Congress to be emergency requirements

pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That these

funds shall be made available only after submission to Congress

of a formal budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985.

Funds made available in the fourth paragraph under this heading in Public Law 103–333 that remain unobligated as of September

30, 1996 shall remain available until September 30, 1997.

REFUGEE AND ENTRANT ASSISTANCE

For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality

Act and section 501 of the Refugee Education Assistance Act of

1980 (Public Law 96–422), $402,172,000: Provided, That funds

appropriated pursuant to section 414(a) of the Immigration and

Nationality Act under Public Law 103–112 for fiscal year 1994

shall be available for the costs of assistance provided and other

activities conducted in such year and in fiscal years 1995 and

1996.

CHILD CARE AND DEVELOPMENT BLOCK GRANT

For carrying out sections 658A through 658R of the Omnibus

Budget Reconciliation Act of 1981 (The Child Care and Development

Block Grant Act of 1990), $934,642,000, which shall be available

for obligation under the same statutory terms and conditions

applicable in the prior fiscal year.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the

Social Security Act, $2,381,000,000: Provided, That notwithstanding

section 2003(c) of such Act, the amount specified for allocation

under such section for fiscal year 1996 shall be $2,381,000,000.

President.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–226

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway

and Homeless Youth Act, the Developmental Disabilities Assistance

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of

Public Law 95–266 (adoption opportunities), the Temporary Child

Care for Children with Disabilities and Crisis Nurseries Act of

1986, the Abandoned Infants Assistance Act of 1988, and part

B(1) of title IV of the Social Security Act; for making payments

under the Community Services Block Grant Act; and for necessary

administrative expenses to carry out said Acts and titles I, IV,

X, XI, XIV, XVI, and XX of the Social Security Act, the Act of

July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation

Act of 1981, title IV of the Immigration and Nationality Act, section

501 of the Refugee Education Assistance Act of 1980, and section

126 and titles IV and V of Public Law 100–485, $4,767,006,000,

of which $435,463,000 shall be for making payments under the

Community Services Block Grant Act: Provided, That to the extent

Community Services Block Grant funds are distributed as grant

funds by a State to an eligible entity as provided under the Act,

and have not been expended by such entity, they shall remain

with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes.

In addition, $21,358,000, to be derived from the Violent Crime

Reduction Trust Fund, for carrying out sections 40155, 40211,

40241, and 40251 of Public Law 103–322.

FAMILY PRESERVATION AND SUPPORT

For carrying out section 430 of the Social Security Act, $225,000,000.

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities, under title IV–E of the Social Security Act, $4,322,238,000.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the

Older Americans Act of 1965, as amended, $829,393,000, of which

$4,449,000 shall be for section 712 and $4,732,000 shall be for

section 721: Provided, That notwithstanding section 308(b)(1) of

such Act, the amounts available to each State for administration

of the State plan under title III of such Act shall be reduced

not more than 5 percent below the amount that was available

to such State for such purpose for fiscal year 1995.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general

departmental management, including hire of six medium sedans,
110 STAT. 1321–227 PUBLIC LAW 104–134—APR. 26, 1996

and for carrying out titles III, XVII, and XX of the Public Health

Service Act, $139,499,000, together with $6,628,000, to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from the Hospital Insurance Trust Fund and the

Supplemental Medical Insurance Trust Fund: Provided, That of

the funds made available under this heading for carrying out title

XVII of the Public Health Service Act, $7,500,000 shall be available

until expended for extramural construction.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $36,162,000, together with any funds, to remain

available until expended, that represent the equitable share from

the forfeiture of property in investigations in which the Office

of Inspector General participated, and which are transferred to

the Office of the Inspector General by the Department of Justice,

the Department of the Treasury, or the United States Postal Service.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,

$16,153,000, together with not to exceed $3,314,000, to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from the Hospital Insurance Trust Fund and the

Supplemental Medical Insurance Trust Fund.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $9,000,000.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to prepare to respond to the health

and medical consequences of nuclear, chemical, or biologic attack

in the United States, $7,000,000, to remain available until expended

and, in addition, for clinical trials, applying imaging technology

used for missile guidance and target recognition to new uses improving the early detection of breast cancer, $2,000,000, to remain

available until expended.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available

for not to exceed $37,000 for official reception and representation

expenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service

to assist in child survival activities and to work in AIDS programs

through and with funds provided by the Agency for International

Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated under this Act may

be used to implement section 399L(b) of the Public Health Service

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43.

Children, youth

and families.

AIDS.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–228

SEC. 204. None of the funds made available by this Act may

be used to withhold payment to any State under the Child Abuse

Prevention and Treatment Act by reason of a determination that

the State is not in compliance with section 1340.2(d)(2)(ii) of title

45 of the Code of Federal Regulations. This provision expires upon

the date of enactment of the reauthorization of the Child Abuse

Prevention and Treatment Act or upon September 30, 1996, whichever occurs first.

SEC. 205. None of the funds appropriated in this or any other

Act for the National Institutes of Health and the Substance Abuse

and Mental Health Services Administration shall be used to pay

the salary of an individual, through a grant or other extramural

mechanism, at a rate in excess of $125,000 per year.

Sec. 206. None of the funds appropriated in this Act may

be expended pursuant to section 241 of the Public Health Service

Act, except for funds specifically provided for in this Act, or for

other taps and assessments made by any office located in the

Department of Health and Human Services, prior to the Secretary’s

preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned

uses of such funds.

(TRANSFER OF FUNDS)

SEC. 207. Of the funds appropriated or otherwise made available for the Department of Health and Human Services, General

Departmental Management, for fiscal year 1996, the Secretary of

Health and Human Services shall transfer to the Office of the

Inspector General such sums as may be necessary for any expenses

with respect to the provision of security protection for the Secretary

of Health and Human Services.

SEC. 208. Notwithstanding section 106 of Public Law 104–

91 and section 106 of Public Law 104–99, appropriations for the

National Institutes of Health and the Centers for Disease Control

and Prevention shall be available for fiscal year 1996 as specified

in section 101 of Public Law 104–91 and section 128 of Public

Law 104–99.

SEC. 209. None of the funds appropriated in this Act may

be obligated or expended for the Federal Council on Aging under

the Older Americans Act or the Advisory Board on Child Abuse

and Neglect under the Child Abuse Prevention and Treatment

Act.

SEC. 210. Of the funds provided for the account heading ‘‘Disease Control, Research, and Training’’ in Public Law 104–91,

$31,642,000, to be derived from the Violent Crime Reduction Trust

Fund, is hereby available for carrying out sections 40151, 40261,

and 40293 of Public Law 103–322 notwithstanding any provision

of Public Law 104–91.

(TRANSFER OF FUNDS)

SEC. 211. Not to exceed 1 percent of any appropriation made

available for the current fiscal year for the Department of Health

and Human Services in this Act may be transferred between such

appropriations, but no such appropriation shall be increased by

more than 3 percent by any such transfers: Provided, That the

Appropriations Committees of both Houses of Congress are notified

at least fifteen days in advance of any transfers.

Reports.

Termination

date.
110 STAT. 1321–229 PUBLIC LAW 104–134—APR. 26, 1996

2 Illegible text, probably ‘‘the Public Health Service’’.

(TRANSFER OF FUNDS)

SEC. 212. The Director, National Institutes of Health, jointly

with the Director, Office of AIDS Research, may transfer up to

3 percent among Institutes, Centers, and the National Library

of Medicine from the total amounts identified in the apportionment

for each Institute, Center, or the National Library of Medicine

for AIDS research: Provided, That such transfers shall be within

30 days of enactment of this Act and be based on the scientific

priorities established in the plan developed by the Director, Office

of AIDS Research, in accordance with section 2353 of the 2 Act:

Provided further, That the Congress is promptly notified of the

transfer.

SEC. 213. In fiscal year 1996, the National Library of Medicine

may enter into personal services contracts for the provision of

services in facilities owned, operated, or constructed under the

jurisdiction of the National Institutes of Health.

SEC. 214. (a) REIMBURSEMENT OF CERTAIN CLAIMS UNDER THE

MEDICAID PROGRAM.—Notwithstanding any other provision of law,

and subject to subsection (b), in the case where payment has been

made by a State under title XIX of the Social Security Act between

December 31, 1993, and December 31, 1995, to a State-operated

psychiatric hospital for services provided directly by the hospital

or by providers under contract or agreement with the hospital,

and the Secretary of Health and Human Services has notified

the State that the Secretary intends to defer the determination

of claims for reimbursement related to such payment but for which

a deferral of such claims has not been taken as of March 1, 1996,

(or, if such claims have been deferred as of such date, such claims

have not been disallowed by such date), the Secretary shall—

(1) if, as of the date of the enactment of this title, such

claims have been formally deferred or disallowed, discontinue

any such action, and if a disallowance of such claims has

been taken as of such date, rescind any payment reductions

effected;

(2) not initiate any deferral or disallowance proceeding

related to such claims; and

(3) allow reimbursement of such claims.

(b) LIMITATION ON RESCISSION OR REIMBURSEMENT OF

CLAIMS.—The total amount of payment reductions rescinded or

reimbursement of claims allowed under subsection (a) shall not

exceed $54,000,000.

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

Human Services Appropriations Act, 1996’’.

TITLE III—DEPARTMENT OF EDUCATION

EDUCATION REFORM

For carrying out activities authorized by titles III and IV of

the Goals 2000: Educate America Act and the School-to-Work

Opportunities Act, $530,000,000, of which $340,000,000 for the

Goals 2000: Educate America Act and $180,000,000 for the Schoolto-Work Opportunities Act shall become available on July 1, 1996,

and remain available through September 30, 1997: Provided, That

20 USC 5891 notwithstanding section 311(e) of Public Law 103–227, the Secretary

note.

Department of

Education

Appropriations

Act, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–230

is authorized to grant up to six additional State education agencies

authority to waive Federal statutory or regulatory requirements

for fiscal year 1996 and succeeding fiscal years: Provided further,

That none of the funds appropriated under this heading shall be

obligated or expended to carry out section 304(a)(2)(A) of the Goals

2000: Educate America Act.

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education

Act, $7,228,116,000, of which $5,913,391,000 shall become available

on July 1, 1996 and shall remain available through September

30, 1997 and of which $1,298,386,000 shall become available on

October 1, 1996 and shall remain available through September

30, 1997 for academic year 1996–1997: Provided, That

$5,985,839,000 shall be available for basic grants under section

1124: Provided further, That up to $3,500,000 of these funds shall

be available to the Secretary on October 1, 1995, to obtain updated

local-educational-agency-level census poverty data from the Bureau

of the Census: Provided further, That $677,241,000 shall be available for concentration grants under section 1124(A) and $3,370,000

shall be available for evaluations under section 1501.

IMPACT AID

For carrying out programs of financial assistance to federally

affected schools authorized by title VIII of the Elementary and

Secondary Education Act of 1965, $693,000,000, of which

$581,707,000 shall be for basic support payments under section

8003(b), $40,000,000 shall be for payments for children with disabilities under section 8003(d), $50,000,000, to remain available until

expended, shall be for payments under section 8003(f), $5,000,000

shall be for construction under section 8007, and $16,293,000 shall

be for Federal property payments under section 8002.

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by

titles II, IV–A–1 and 2, V–A, VI, section 7203, and titles IX, X

and XIII of the Elementary and Secondary Education Act of 1965;

the Stewart B. McKinney Homeless Assistance Act; and the Civil

Rights Act of 1964; $1,223,708,000 of which $1,015,481,000 shall

become available on July 1, 1996, and remain available through

September 30, 1997: Provided, That of the amount appropriated,

$275,000,000 shall be for Eisenhower professional development

State grants under title II–B and $275,000,000 shall be for innovative education program strategies State grants under title VI–

A: Provided further, That not less than $3,000,000 shall be for

innovative programs under section 5111.

BILINGUAL AND IMMIGRANT EDUCATION

For carrying out, to the extent not otherwise provided, bilingual

and immigrant education activities authorized by title VII of the

Elementary and Secondary Education Act, without regard to section

7103(b), $178,000,000 of which $50,000,000 shall be for immigrant

education programs authorized by part C: Provided, That State
110 STAT. 1321–231 PUBLIC LAW 104–134—APR. 26, 1996

educational agencies may use all, or any part of, their part C

allocation for competitive grants to local educational agencies: Provided further, That the Department of Education should only support instructional programs which ensure that students completely

master English in a timely fashion (a period of three to five years)

while meeting rigorous achievement standards in the academic

content areas.

SPECIAL EDUCATION

For carrying out parts B, C, D, E, F, G, and H and section

610(j)(2)(C) of the Individuals with Disabilities Education Act,

$3,245,447,000, of which $3,000,000,000 shall become available for

obligation on July 1, 1996, and shall remain available through

September 30, 1997: Provided, That notwithstanding section 621(e),

funds made available for section 621 shall be distributed among

each of the regional centers and the Federal center in proportion

to the amount that each such center received in fiscal year 1995:

Provided further, That the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau shall

be considered public or private nonprofit entities or organizations

for the purpose of parts C, D, E, F, and G of the Individuals

with Disabilities Education Act: Provided further, That, from the

funds available under section 611 of the Act, the Secretary shall

award grants, for which Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic

of Palau shall be eligible, to carry out the purposes set forth

in section 601(c) of the Act, and that the amount of funds available

for such grants shall be equal to the amount that the Republic

of the Marshall Islands, the Federated States of Micronesia, and

the Republic of Palau would be eligible to receive if they were

considered jurisdictions for the purpose of section 611(e) of the

Act: Provided further, That the Secretary shall award grants in

accordance with the recommendations of the entity specified in

section 1121(b)(2)(A) of the Elementary and Secondary Education

Act, including the provision of administrative costs to such entity

not to exceed five percent: Provided further, That to be eligible

for a competitive award under the Individuals with Disabilities

Education Act, the Republic of the Marshall Islands, the Federated

States of Micronesia, and the Republic of Palau must meet the

conditions applicable to States under part B of the Act.

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the

Rehabilitation Act of 1973, the Technology-Related Assistance for

Individuals with Disabilities Act, and the Helen Keller National

Center Act, as amended, and the 1996 Paralympics Games,

$2,456,120,000 of which $7,000,000 will be used to support the

Paralympics Games: Provided, That $1,000,000 of the funds provided for Special Demonstrations shall be used to continue the

two head injury centers that were first funded under this program

in fiscal year 1992.

Grants.

Grants.

Territories.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–232

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,680,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles

I and II of the Education of the Deaf Act of 1986 (20 U.S.C.

4301 et seq.), $42,180,000: Provided, That from the amount available, the Institute may at its discretion use funds for the endowment

program as authorized under section 207.

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model

Secondary School for the Deaf, and the partial support of Gallaudet

University under titles I and II of the Education of the Deaf

Act of 1986 (20 U.S.C. 4301 et seq.), $77,629,000: Provided, That

from the amount available, the University may at its discretion

use funds for the endowment program as authorized under section

207.

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the

Carl D. Perkins Vocational and Applied Technology Education Act,

the Adult Education Act, and the National Literacy Act of 1991,

$1,340,261,000, of which $4,869,000 shall be for the National

Institute for Literacy; and of which $1,337,342,000 shall become

available on July 1, 1996 and shall remain available through

September 30, 1997: Provided, That of the amounts made available

under the Carl D. Perkins Vocational and Applied Technology Education Act, $5,000,000 shall be for national programs under title

IV without regard to section 451 and $350,000 shall be for evaluations under section 346(b) of the Act and no funds shall be awarded

to a State Council under section 112(f), and no State shall be

required to operate such a Council.

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3, and 4 of part A, part C, and

part E of title IV of the Higher Education Act of 1965, as amended,

$6,312,033,000, which shall remain available through September

30, 1997: Provided, That notwithstanding section 401(a)(1) of the

Act, there shall be not to exceed 3,650,000 Pell Grant recipients

in award year 1995–1996.

The maximum Pell Grant for which a student shall be eligible during award year 1996–1997 shall be $2,470: Provided, That notwithstanding section 401(g) of the Act, as amended, if the Secretary

determines, prior to publication of the payment schedule for award

year 1996–1997, that the $4,967,446,000 included within this appropriation for Pell Grant awards for award year 1996–1997, and

any funds available from the fiscal year 1995 appropriation for

Pell Grant awards, are insufficient to satisfy fully all such awards

for which students are eligible, as calculated under section 401(b)

of the Act, the amount paid for each such award shall be reduced

by either a fixed or variable percentage, or by a fixed dollar amount,

20 USC 1070a.
110 STAT. 1321–233 PUBLIC LAW 104–134—APR. 26, 1996

as determined in accordance with a schedule of reductions established by the Secretary for this purpose.

FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

For Federal administrative expenses to carry out guaranteed

student loans authorized by title IV, part B, of the Higher Education

Act, as amended, $30,066,000.

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, parts

A and B of title III, without regard to section 360(a)(1)(B)(ii),

titles IV, V, VI, VII, and IX, part A and subpart 1 of part B

of title X, and title XI of the Higher Education Act of 1965, as

amended, Public Law 102–423, and the Mutual Educational and

Cultural Exchange Act of 1961; $836,964,000, of which $16,712,000

for interest subsidies under title VII of the Higher Education Act,

as amended, shall remain available until expended: Provided, That

notwithstanding sections 419D, 419E, and 419H of the Higher

Education Act, as amended, scholarships made under title IV, part

A, subpart 6 shall be prorated to maintain the same number of

new scholarships in fiscal year 1996 as in fiscal year 1995.

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et seq.), $182,348,000: Provided, That from the amount available, the

University may at its discretion use funds for the endowment

program as authorized under the Howard University Endowment

Act (Public Law 98–480).

HIGHER EDUCATION FACILITIES LOANS

The Secretary is hereby authorized to make such expenditures,

within the limits of funds available under this heading and in

accord with law, and to make such contracts and commitments

without regard to fiscal year limitation, as provided by section

104 of the Government Corporation Control Act (31 U.S.C. 9104),

as may be necessary in carrying out the program for the current

fiscal year.

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For administrative expenses to carry out the existing direct

loan program of college housing and academic facilities loans

entered into pursuant to title VII, part C, of the Higher Education

Act, as amended, $700,000.

COLLEGE HOUSING LOANS

Pursuant to title VII, part C of the Higher Education Act,

as amended, for necessary expenses of the college housing loans

program, previously carried out under title IV of the Housing Act

of 1950, the Secretary shall make expenditures and enter into

contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this

account pursuant to 12 U.S.C. 1749d, relating to payment of costs

Contracts.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–234

for inspections and site visits, shall be available for the operating

expenses of this account.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING, PROGRAM ACCOUNT

The total amount of bonds insured pursuant to section 724

of title VII, part B of the Higher Education Act shall not exceed

$357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero.

For administrative expenses to carry out the Historically Black

College and University Capital Financing Program entered into

pursuant to title VII, part B of the Higher Education Act, as

amended, $166,000.

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

For carrying out activities authorized by the Educational

Research, Development, Dissemination, and Improvement Act; the

National Education Statistics Act; sections 2102, 3136, 3141 and

parts B, C, and D of title III, parts A, B, I, and K, and section

10601 of title X, part C of title XIII of the Elementary and Secondary

Education Act of 1965, as amended, and title VI of the Goals

2000: Educate America Act, $351,268,000: Provided, That

$48,000,000 shall be for sections 3136 and 3141 of the Elementary

and Secondary Education Act: Provided further, That $3,000,000

shall be for the elementary mathematics and science equipment

projects under the fund for the improvement of education: Provided

further, That funds shall be used to extend star schools partnership

projects that received continuation grants in fiscal year 1995: Provided further, That none of the funds appropriated in this paragraph

may be obligated or expended for the Goals 2000 Community Partnerships Program: Provided further, That funds for International

Education Exchange shall be used to extend the two grants awarded

in fiscal year 1995.

LIBRARIES

For carrying out, to the extent not otherwise provided, titles

I, II, III, and IV of the Library Services and Construction Act,

and title II–B of the Higher Education Act, $132,505,000, of which

$16,369,000 shall be used to carry out the provisions of title II

of the Library Services and Construction Act and shall remain

available until expended; and $2,500,000 shall be for section 222

and $3,000,000 shall be for section 223 of the Higher Education

Act: Provided, That $1,000,000 shall be awarded to the Survivors

of the Shoah Visual History Foundation to document and archive

holocaust survivors’ testimony: Provided further, That $1,000,000

shall be for the continued funding of an existing demonstration

project making information available for public use by connecting

Internet to a multistate consortium: Provided further, That

$1,000,000 shall be awarded to the National Museum of Women

in the Arts.

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the

Department of Education Organization Act, including rental of con-
110 STAT. 1321–235 PUBLIC LAW 104–134—APR. 26, 1996

ference rooms in the District of Columbia and hire of two passenger

motor vehicles, $327,319,000.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization

Act, $55,451,000.

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General,

as authorized by section 212 of the Department of Education

Organization Act, $28,654,000.

HEADQUARTERS RENOVATION

For necessary expenses for the renovation of the Department

of Education headquarters building, $7,000,000, to remain available

until September 30, 1998.

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used

for the transportation of students or teachers (or for the purchase

of equipment for such transportation) in order to overcome racial

imbalance in any school or school system, or for the transportation

of students or teachers (or for the purchase of equipment for such

transportation) in order to carry out a plan of racial desegregation

of any school or school system.

SEC. 302. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 303. No funds appropriated under this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

SEC. 304. No funds appropriated under this Act shall be made

available for opportunity to learn standards or strategies.

SEC. 305. Notwithstanding any other provision of law, funds

available under section 458 of the Higher Education Act shall

not exceed $436,000,000 for fiscal year 1996. The Department of

Education shall pay administrative cost allowances owed to guaranty agencies for fiscal year 1995 estimated to be $95,000,000

and administrative cost allowances owed to guaranty agencies for

fiscal year 1996 estimated to be $81,000,000. The Department of

Education shall pay administrative cost allowances to guaranty

agencies, to be paid quarterly, calculated on the basis of 0.85

percent of the total principal amount of loans upon which insurance

was issued on or after October 1, 1995 by such guaranty agencies.

School prayer.

Schools.

Busing.

Desegregation.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–236

Receipt of such funds and uses of such funds by guaranty agencies

shall be in accordance with section 428(f) of the Higher Education

Act.

Notwithstanding section 458 of the Higher Education Act, the

Secretary may not use funds available under that section or any

other section for subsequent fiscal years for administrative expenses

of the William D. Ford Direct Loan Program. The Secretary may

not require the return of guaranty agency reserve funds during

fiscal year 1996, except after consultation with both the Chairmen

and Ranking Members of the House Economic and Educational

Opportunities Committee and the Senate Labor and Human

Resources Committee. Any reserve funds recovered by the Secretary

shall be returned to the Treasury of the United States for purposes

of reducing the Federal deficit.

No funds available to the Secretary may be used for (1) the

hiring of advertising agencies or other third parties to provide

advertising services for student loan programs, or (2) payment

of administrative fees relating to the William D. Ford Direct Loan

Program to institutions of higher education.

SEC. 306. (a) From any unobligated funds that are available

to the Secretary of Education to carry out sections 5 or 14 of

the Act of September 23, 1950 (Public Law 815, 81st Congress)

(as such Act was in effect on September 30, 1994)

(1) half of the funds shall be available to the Secretary

of Education to carry out subsection (c) of this section; and

(2) half of the funds shall be available to the Secretary

of Education to carry out subparagraphs (B), (C), and (D) of

section 8007(a)(2) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7707(a)(2)), as amended by subsection

(b) of this section.

(b) Subparagraph (B) of section 8007(a)(2) of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7707(a)(2)) is

amended by striking ‘‘and in which the agency’’ and all that follows

through ‘‘renovation’’.

(c)(1) The Secretary of Education shall award the funds

described in subsection (a)(1) to local educational agencies, under

such terms and conditions as the Secretary of Education determines

appropriate, for the construction of public elementary or secondary

schools on Indian reservations or in school districts that—

(A) the Secretary of Education determines are in dire need

of construction funding;

(B) contain a public elementary or secondary school that

serves a student population which is 90 percent Indian students; and

(C) serve students who are taught in inadequate or unsafe

structures, or in a public elementary or secondary school that

has been condemned.

(2) A local educational agency that receives construction funding

under this subsection for fiscal year 1996 shall not be eligible

to receive any funds under section 8007 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7707) for school

construction for fiscal years 1996 and 1997.

(3) As used in this subsection, the term ‘‘construction’’ has

the meaning given that term in section 8013(3) of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7713(3)).

(4) No request for construction funding under this subsection

shall be approved unless the request is received by the Secretary

20 USC 1087h

note.
110 STAT. 1321–237 PUBLIC LAW 104–134—APR. 26, 1996

of Education not later than 30 days after the date of enactment

of this Act.

(d) The Secretary of Education shall report to the House and

Senate Appropriations Committees on the total amounts available

pursuant to subsections (a)(1) and (a)(2) within 30 days of enactment of this Act.

SEC. 307. None of the funds appropriated in this Act may

be obligated or expended to carry out sections 727, 932, and 1002

of the Higher Education Act of 1965, and section 621(b) of Public

Law 101–589.

(TRANSFER OF FUNDS)

SEC. 308. Not to exceed 1 percent of any appropriation made

available for the current fiscal year for the Department of Education

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 3 percent

by any such transfers: Provided, That the Appropriations Committees of both Houses of Congress are notified at least fifteen days

in advance of any transfers.

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

TITLE IV—RELATED AGENCIES

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home

to operate and maintain the United States Soldiers’ and Airmen’s

Home and the United States Naval Home, to be paid from funds

available in the Armed Forces Retirement Home Trust Fund,

$55,971,000, of which $1,954,000 shall remain available until

expended for construction and renovation of the physical plants

at the United States Soldiers’ and Airmen’s Home and the United

States Naval Home: Provided, That this appropriation shall not

be available for the payment of hospitalization of members of the

Soldiers’ and Airmen’s Home in United States Army hospitals at

rates in excess of those prescribed by the Secretary of the Army

upon recommendation of the Board of Commissioners and the Surgeon General of the Army.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and

Community Service to carry out the provisions of the Domestic

Volunteer Service Act of 1973, as amended, $198,393,000.

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as

authorized by the Communications Act of 1934, an amount which

shall be available within limitations specified by that Act, for the

fiscal year 1998, $250,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall

be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That

none of the funds contained in this paragraph shall be available

Reports.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–238

or used to aid or support any program or activity from which

any person is excluded, or is denied benefits, or is discriminated

against, on the basis of race, color, national origin, religion, or

sex.

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),

including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29

U.S.C. 175a); and for expenses necessary for the Service to carry

out the functions vested in it by the Civil Service Reform Act,

Public Law 95–454 (5 U.S.C. chapter 71), $32,896,000 including

$1,500,000, to remain available through September 30, 1997, for

activities authorized by the Labor Management Cooperation Act

of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.

3302, fees charged for special training activities up to full-cost

recovery shall be credited to and merged with this account, and

shall remain available until expended: Provided further, That the

Director of the Service is authorized to accept on behalf of the

United States gifts of services and real, personal, or other property

in the aid of any projects or functions within the Director’s jurisdiction.

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health

Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20,

1970 (Public Law 91–345, as amended by Public Law 102–95),

$829,000.

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability

as authorized by title IV of the Rehabilitation Act of 1973, as

amended, $1,793,000.

NATIONAL EDUCATION GOALS PANEL

For expenses necessary for the National Education Goals Panel,

as authorized by title II, part A of the Goals 2000: Educate America

Act, $1,000,000.
110 STAT. 1321–239 PUBLIC LAW 104–134—APR. 26, 1996

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board

to carry out the functions vested in it by the Labor-Management

Relations Act, 1947, as amended (29 U.S.C. 141–167), and other

laws, $170,743,000: Provided, That no part of this appropriation

shall be available to organize or assist in organizing agricultural

laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural

laborers as referred to in section 2(3) of the Act of July 5, 1935

(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of

the Act of June 25, 1938 (29 U.S.C. 203), and including in said

definition employees engaged in the maintenance and operation

of ditches, canals, reservoirs, and waterways when maintained or

operated on a mutual, nonprofit basis and at least 95 per centum

of the water stored or supplied thereby is used for farming purposes:

Provided further, That none of the funds made available by this

Act shall be used in any way to promulgate a final rule (altering

29 CFR part 103) regarding single location bargaining units in

representation cases.

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $7,837,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health

Review Commission (29 U.S.C. 661), $8,100,000.

PHYSICIAN PAYMENT REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1845(a) of the

Social Security Act, $2,923,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust

Fund.

PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1886(e) of the

Social Security Act, $3,267,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–240

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance

and the Federal Disability Insurance trust funds, as provided under

sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,

$22,641,000.

In addition, to reimburse these trust funds for administrative

expenses to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986, $10,000,000, to remain available until expended.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health

Act of 1977, $485,396,000, to remain available until expended.

For making, after July 31 of the current fiscal year, benefit

payments to individuals under title IV of the Federal Mine Safety

and Health Act of 1977, for costs incurred in the current fiscal

year, such amounts as may be necessary.

For making benefit payments under title IV of the Federal

Mine Safety and Health Act of 1977 for the first quarter of fiscal

year 1997, $170,000,000, to remain available until expended.

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,

section 401 of Public Law 92–603, section 212 of Public Law 93–

66, as amended, and section 405 of Public Law 95–216, including

payment to the Social Security trust funds for administrative

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $18,545,512,000, to remain available until expended, of

which $1,500,000 shall be for a demonstration program to foster

economic independence among people with disabilities through

disability sport, in connection with the Tenth Paralympic Games:

Provided, That any portion of the funds provided to a State in

the current fiscal year and not obligated by the State during that

year shall be returned to the Treasury.

In addition, $15,000,000, to remain available until September

30, 1997, for continuing disability reviews as authorized by section

103 of Public Law 104–121. The term ‘‘continuing disability reviews’’

has the meaning given such term by section 201(g)(1)(A) of the

Social Security Act.

For making, after June 15 of the current fiscal year, benefit

payments to individuals under title XVI of the Social Security

Act, for unanticipated costs incurred for the current fiscal year,

such sums as may be necessary.

For carrying out title XVI of the Social Security Act for the

first quarter of fiscal year 1997, $9,260,000,000, to remain available

until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two medium

size passenger motor vehicles, and not to exceed $10,000 for official

reception and representation expenses, not more than

$5,267,268,000 may be expended, as authorized by section 201(g)(1)

of the Social Security Act or as necessary to carry out sections
110 STAT. 1321–241 PUBLIC LAW 104–134—APR. 26, 1996

9704 and 9706 of the Internal Revenue Code of 1986 from any

one or all of the trust funds referred to therein: Provided, That

reimbursement to the trust funds under this heading for administrative expenses to carry out sections 9704 and 9706 of the Internal

Revenue Code of 1986 shall be made, with interest, not later than

September 30, 1997: Provided further, That unobligated balances

at the end of fiscal year 1996 not needed for fiscal year 1996

shall remain available until expended for a state-of-the-art computing network, including related equipment and administrative

expenses associated solely with this network.

In addition to funding already available under this heading,

and subject to the same terms and conditions, $387,500,000, for

disability caseload processing.

From funds provided under the previous two paragraphs, not

less than $200,000,000 shall be available for conducting continuing

disability reviews.

In addition to funding already available under this heading,

and subject to the same terms and conditions, $60,000,000, to

remain available until September 30, 1997, for continuing disability

reviews as authorized by section 103 of Public Law 104–121. The

term ‘‘continuing disability reviews’’ has the meaning given such

term by section 201(g)(1)(A) of the Social Security Act.

In addition to funding already available under this heading,

and subject to the same terms and conditions, $167,000,000, which

shall remain available until expended, to invest in a state-of-theart computing network, including related equipment and administrative expenses associated solely with this network, for the Social

Security Administration and the State Disability Determination

Services, may be expended from any or all of the trust funds

as authorized by section 201(g)(1) of the Social Security Act.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $4,816,000, together with not to exceed

$21,076,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability

Insurance Trust Fund.

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,

$239,000,000, which shall include amounts becoming available in

fiscal year 1996 pursuant to section 224(c)(1)(B) of Public Law

98–76; and in addition, an amount, not to exceed 2 percent of

the amount provided herein, shall be available proportional to the

amount by which the product of recipients and the average benefit

received exceeds $239,000,000: Provided, That the total amount

provided herein shall be credited in 12 approximately equal amounts

on the first day of each month in the fiscal year.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–242

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for

the payment of benefits under the Railroad Retirement Act for

interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1997, which shall be the maximum

amount available for payment pursuant to section 417 of Public

Law 98–76.

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board,

$73,169,000, to be derived from the railroad retirement accounts.

LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

ADMINISTRATION FUND

For further expenses necessary for the Railroad Retirement

Board, for administration of the Railroad Unemployment Insurance

Act, not less than $16,786,000 shall be apportioned for fiscal year

1996 from moneys credited to the railroad unemployment insurance

administration fund.

SPECIAL MANAGEMENT IMPROVEMENT FUND

To effect management improvements, including the reduction

of backlogs, accuracy of taxation accounting, and debt collection,

$659,000, to be derived from the railroad retirement accounts and

railroad unemployment insurance account: Provided, That these

funds shall supplement, not supplant, existing resources devoted

to such operations and improvements.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

for audit, investigatory and review activities, as authorized by the

Inspector General Act of 1978, as amended, not more than

$5,673,000, to be derived from the railroad retirement accounts

and railroad unemployment insurance account.

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace

as authorized in the United States Institute of Peace Act,

$11,500,000.

TITLE V—GENERAL PROVISIONS

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred

balances are used for the same purpose, and for the same periods

of time, for which they were originally appropriated.

SEC. 502. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.
110 STAT. 1321–243 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 503. (a) No part of any appropriation contained in this

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for

the preparation, distribution, or use of any kit, pamphlet, booklet,

publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in

presentation to the Congress itself.

(b) No part of any appropriation contained in this Act shall

be used to pay the salary or expenses of any grant or contract

recipient, or agent acting for such recipient, related to any activity

designed to influence legislation or appropriations pending before

the Congress.

SEC. 504. The Secretaries of Labor and Education are each

authorized to make available not to exceed $15,000 from funds

available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized

to make available for official reception and representation expenses

not to exceed $2,500 from the funds available for ‘‘Salaries and

expenses, Federal Mediation and Conciliation Service’’; and the

Chairman of the National Mediation Board is authorized to make

available for official reception and representation expenses not to

exceed $2,500 from funds available for ‘‘Salaries and expenses,

National Mediation Board’’.

SEC. 505. Notwithstanding any other provision of this Act,

no funds appropriated under this Act shall be used to carry out

any program of distributing sterile needles for the hypodermic

injection of any illegal drug unless the Secretary of Health and

Human Services determines that such programs are effective in

preventing the spread of HIV and do not encourage the use of

illegal drugs.

SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 507. When issuing statements, press releases, requests

for proposals, bid solicitations and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal

research grants, shall clearly state (1) the percentage of the total

costs of the program or project which will be financed with Federal

money, (2) the dollar amount of Federal funds for the project or

program, and (3) percentage and dollar amount of the total costs

of the project or program that will be financed by nongovernmental

sources.

SEC. 508. None of the funds appropriated under this Act shall

be expended for any abortion except when it is made known to

the Federal entity or official to which funds are appropriated under

this Act that such procedure is necessary to save the life of the

mother or that the pregnancy is the result of an act of rape or

incest.

Abortion.

AIDS.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–244

SEC. 509. Notwithstanding any other provision of law—

(1) no amount may be transferred from an appropriation

account for the Departments of Labor, Health and Human

Services, and Education except as authorized in this or any

subsequent appropriation act, or in the Act establishing the

program or activity for which funds are contained in this Act;

(2) no department, agency, or other entity, other than the

one responsible for administering the program or activity for

which an appropriation is made in this Act, may exercise

authority for the timing of the obligation and expenditure of

such appropriation, or for the purposes for which it is obligated

and expended, except to the extent and in the manner otherwise

provided in sections 1512 and 1513 of title 31, United States

Code; and

(3) no funds provided under this Act shall be available

for the salary (or any part thereof) of an employee who is

reassigned on a temporary detail basis to another position

in the employing agency or department or in any other agency

or department, unless the detail is independently approved

by the head of the employing department or agency.

SEC. 510. LIMITATION ON USE OF FUNDS.—None of the funds

made available in this Act may be used for the expenses of an

electronic benefit transfer (EBT) task force.

SEC. 511. None of the funds made available in this Act may

be used to enforce the requirements of section 428(b)(1)(U)(iii) of

the Higher Education Act of 1965 with respect to any lender when

it is made known to the Federal official having authority to obligate

or expend such funds that the lender has a loan portfolio under

part B of title IV of such Act that is equal to or less than $5,000,000.

SEC. 512. None of the funds made available in this Act may

be used for Pell Grants under subpart 1 of part A of title IV

of the Higher Education Act of 1965 to students attending an

institution of higher education that is ineligible to participate in

a loan program under such title as a result of a final default

rate determination made by the Secretary under the Federal Family

Education Loan or Federal Direct Loan program under parts B

and D of such title, respectively, and issued by the Secretary on

or after February 14, 1996. The preceding sentence shall not apply

to an institution that (1) was not participating in either such

loan program on such date (or would not have been participating

on such date but for the pendency of an appeal of a default rate

determination issued prior to such date) unless the institution

subsequently participates in either such loan program; or (2) has

a participation rate index (as defined at 34 CFR 668.17) that

is less than or equal to 0.0375. No institution may be subject

to the terms of this section unless it has had the opportunity

to appeal its default rate determination under regulations issued

by the Secretary for the FFEL and Federal Direct Loan Programs.

SEC. 513. No more than 1 percent of salaries appropriated

for each Agency in this Act may be expended by that Agency

on cash performance awards: Provided, That of the budgetary

resources available to Agencies in this Act for salaries and expenses

during fiscal year 1996, $30,500,000, to be allocated by the Office

of Management and Budget, are permanently canceled: Provided

further, That the foregoing proviso shall not apply to the Food

and Drug Administration and the Indian Health Service.

31 USC 1301

note.
110 STAT. 1321–245 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—Section

428H(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078–

8(d)(2)) is amended by striking out the period at the end thereof

and inserting in lieu thereof a semicolon and the following:

‘‘except in cases where the Secretary determines, that a higher

amount is warranted in order to carry out the purpose of

this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but the

annual insurable limit per student shall not be deemed to

be exceeded by a line of credit under which actual payments

by the lender to the borrower will not be made in any years

in excess of the annual limit.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall be effective for loans made to cover the cost of instruction

for periods of enrollment beginning on or after July 1, 1996.

ESTABLISHMENT OF PROHIBITION AGAINST ABORTION-RELATED

DISCRIMINATION IN TRAINING AND LICENSING OF PHYSICIANS.

SEC. 515. Part B of title II of the Public Health Service Act

(42 U.S.C. 238 et seq.) is amended by adding at the end the

following section:

‘‘ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL ACTIVITIES

REGARDING TRAINING AND LICENSING OF PHYSICIANS

‘‘SEC. 245. (a) IN GENERAL.—The Federal Government, and

any State or local government that receives Federal financial assistance, may not subject any health care entity to discrimination

on the basis that—

‘‘(1) the entity refuses to undergo training in the performance of induced abortions, to require or provide such training,

to perform such abortions, or to provide referrals for such

training or such abortions;

‘‘(2) the entity refuses to make arrangements for any of

the activities specified in paragraph (1); or

‘‘(3) the entity attends (or attended) a post-graduate physician training program, or any other program of training in

the health professions, that does not (or did not) perform

induced abortions or require, provide or refer for training in

the performance of induced abortions, or make arrangements

for the provision of such training.

‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN TRAINING

PROGRAMS.—

‘‘(1) IN GENERAL.—In determining whether to grant a legal

status to a health care entity (including a license or certificate),

or to provide such entity with financial assistance, services

or other benefits, the Federal Government, or any State or

local government that receives Federal financial assistance,

shall deem accredited any postgraduate physician training program that would be accredited but for the accrediting agency’s

reliance upon an accreditation standards that requires an entity

to perform an induced abortion or require, provide, or refer

for training in the performance of induced abortions, or make

arrangements for such training, regardless of whether such

standard provides exceptions or exemptions. The government

involved shall formulate such regulations or other mechanisms,

Regulations.

42 USC 238n.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–246

or enter into such agreements with accrediting agencies, as

are necessary to comply with this subsection.

‘‘(2) RULES OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—With respect to subclauses (I) and

(II) of section 705(a)(2)(B)(i) (relating to a program of

insured loans for training in the health professions), the

requirements in such subclauses regarding accredited

internship or residency programs are subject to paragraph

(1) of this subsection.

‘‘(B) EXCEPTIONS.—This section shall not—

‘‘(i) prevent any health care entity from voluntarily electing to be trained, to train, or to arrange

for training in the performance of, to perform, or to

make referrals for induced abortions; or

‘‘(ii) prevent an accrediting agency or a Federal,

State or local government from establishing standards

of medical competency applicable only to those individuals who have voluntarily elected to perform abortions.

‘‘(c) DEFINITIONS.—For purposes of this section:

‘‘(1) The term ‘financial assistance’, with respect to a

government program, includes governmental payments provided as reimbursement for carrying out health-related activities.

‘‘(2) The term ‘health care entity’ includes an individual

physician, a postgraduate physician training program, and a

participant in a program of training in the health professions.

‘‘(3) The term ‘postgraduate physician training program’

includes a residency training program.’’.

SEC. 516. SURVEY AND CERTIFICATION OF MEDICARE PROVIDERS.

(a) INTERVALS BETWEEN STANDARD SURVEYS FOR HOME HEALTH

AGENCIES.—Section 1891(c)(2)(A) of the Social Security Act (42

U.S.C. 1395bbb(c)(2)(A)) is amended—

(1) by striking ‘‘15 months’’ and inserting ‘‘36 months’’,

and

(2) by amending the second sentence to read as follows:

‘‘The Secretary shall establish a frequency for surveys of home

health agencies within this 36-month interval commensurate

with the need to assure the delivery of quality home health

services.’’.

(b) RECOGNITION OF ACCREDITATION.—Section 1865 of such Act

(42 U.S.C. 1395bb) is amended—

(1) by redesignating subsection (b) as subsection (d),

(2) by redesignating the fourth sentence of subsection (a)

as subsection (c), and

(3) by striking the third sentence of subsection (a) and

inserting after and below the second sentence the following

new subsection:

‘‘(b)(1) In addition, if the Secretary finds that accreditation

of a provider entity (as defined in paragraph (4)) by the American

Osteopathic Association or any other national accreditation body

demonstrates that all of the applicable conditions or requirements

of this title (other than the requirements of section 1834(j) or

the conditions and requirements under section 1881(b)) are met

or exceeded—

‘‘(A) in the case of a provider entity not described in paragraph (3)(B), the Secretary shall treat such entity as meeting
110 STAT. 1321–247 PUBLIC LAW 104–134—APR. 26, 1996

those conditions or requirements with respect to which the

Secretary made such finding; or

‘‘(B) in the case of a provider entity described in paragraph

(3)(B), the Secretary may treat such entity as meeting those

conditions or requirements with respect to which the Secretary

made such finding.

‘‘(2) In making such a finding, the Secretary shall consider,

among other factors with respect to a national accreditation body,

its requirements for accreditation, its survey procedures, its ability

to provide adequate resources for conducting required surveys and

supplying information for use in enforcement activities, its monitoring procedures for provider entities found out of compliance with

the conditions or requirements, and its ability to provide the Secretary with necessary data for validation.

‘‘(3)(A) Except as provided in subparagraph (B), not later than

60 days after the date of receipt of a written request for a finding

under paragraph (1) (with any documentation necessary to make

a determination on the request), the Secretary shall publish a

notice identifying the national accreditation body making the

request, describing the nature of the request, and providing a

period of at least 30 days for the public to comment on the request.

The Secretary shall approve or deny a request for such a finding,

and shall publish notice of such approval or denial, not later than

210 days after the date of receipt of the request (with such documentation). Such an approval shall be effective with respect to

accreditation determinations made on or after such effective date

(which may not be later than the date of publication of the approval)

as the Secretary specifies in the publication notice.

‘‘(B) The 210-day and 60-day deadlines specified in subparagraph (A) shall not apply in the case of any request for a finding

with respect to accreditation of a provider entity to which the

conditions and requirements of section 1819 and 1861(j) apply.

‘‘(4) For purposes of this section, the term ‘provider entity’

means a provider of services, supplier, facility, clinic, agency, or

laboratory.’’.

(c) AUTHORITY FOR VALIDATION SURVEYS.—

(1) IN GENERAL.—The first sentence of section 1864(c) of

such Act (42 U.S.C. 1395aa(c)) is amended by striking ‘‘hospitals’’ and all that follows and inserting ‘‘provider entities

that, pursuant to subsection (a) or (b)(1) of section 1865, are

treated as meeting the conditions or requirements of this title.’’.

(2) CONFORMING AMENDMENTS.—Section 1865 of such Act,

as amended by subsection (b), is further amended—

(A) in subsection (d), as redesignated by subsection

(b)(1)—

(i) by striking ‘‘a hospital’’ and inserting ‘‘a provider

entity’’,

(ii) by striking ‘‘the hospital’’ each place it appears

and inserting ‘‘the entity’’, and

(iii) by striking ‘‘the requirements of the numbered

paragraphs of section 1861(e)’’ and inserting ‘‘the conditions or requirements the entity has been treated as

meeting pursuant to subsection (a) or (b)(1)’’; and

(B) by adding at the end the following new subsection:

‘‘(e) For provisions relating to validation surveys of entities

that are treated as meeting applicable conditions or requirements

of this title pursuant to subsection (a) or (b)(1), see section 1864(c).’’.

Effective date.

Publications.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–248

(d) STUDY AND REPORT ON DEEMING FOR NURSING FACILITIES

AND RENAL DIALYSIS FACILITIES.— (1) STUDY.—The Secretary of Health and Human Services

shall provide for—

(A) a study concerning the effectiveness and appropriateness of the current mechanisms for surveying and

certifying skilled nursing facilities for compliance with the

conditions and requirements of sections 1819 and 1861(j)

of the Social Security Act and nursing facilities for compliance with the conditions of section 1919 of such Act, and

(B) a study concerning the effectiveness and appropriateness of the current mechanisms for surveying and

certifying renal dialysis facilities for compliance with the

conditions and requirements of section 1881(b) of the Social

Security Act.

(2) REPORT. Not later than July 1, 1997, the Secretary

shall transmit to Congress a report on each of the studies

provided for under paragraph (1). The report on the study

under paragraph (1)(A) shall include (and the report on the

study under paragraph (1)(B) may include) a specific framework, where appropriate, for implementing a process under

which facilities covered under the respective study may be

deemed to meet applicable medicare conditions and requirements if they are accredited by a national accreditation body.

SEC. 517. The Secretary of Health and Human Services shall

grant a waiver of the requirements set forth in section

1903(m)(2)(A)(ii) of the Social Security Act to D.C. Chartered Health

Plan, Inc. of the District of Columbia: Provided, That such waiver

shall be deemed to have been in place for all contract periods

from October 1, 1991 through the current contract period or October

1, 1999, whichever shall be later.

SEC. 518. Section 119 of Public Law 104–99 is hereby repealed.

OPTIONAL, ALTERNATIVE MEDICAID PAYMENT METHOD

SEC. 519. (a) ELECTION.—A heavily impacted high-DSH State

(as defined in subsection (d)) may elect to receive payments for

expenditures under title XIX of the Social Security Act for the

period beginning October 1, 1995, and ending June 30, 1996 (in

this section referred to as the ‘‘9-month period’’), for State fiscal

year 1996–1997, and (subject to subsection (c)(4)) for State fiscal

year 1997–1998 in accordance with the alternative payment method

specified in subsection (b) rather than in accordance with section

1903(a) of such Act.

(b) ALTERNATIVE PAYMENT METHOD.— (1) IN GENERAL.—Under the alternative payment method

specified in this subsection—

(A) any percentage otherwise specified in section

1903(a) of the Social Security Act for expenditures in the

9-month period or a State fiscal year for which the election

is in effect shall be equal to 100 percent minus the nonFederal participation percentage (specified under paragraph (2)) for the State for that period or State fiscal

year, and

(B) the total payment for the 9-month period or a

State fiscal year in which the election is in effect may

not exceed the maximum Federal financial participation

specified in paragraph (5) for the period or year.

20 USC 1070a

note.
110 STAT. 1321–249 PUBLIC LAW 104–134—APR. 26, 1996

In applying subparagraph (B), there shall not be counted as

payments for any period or fiscal year any payment that is

attributable to an expenditure which is exempt under subsection (c)(1). In applying such subparagraph to the 9-month

period, there shall be counted payments (other than those

described in the previous sentence) that are attributable to

an expenditure for periods occurring in the 9-month period

and before the date of the enactment of this Act.

(2) NON-FEDERAL PARTICIPATION PERCENTAGE.—For purposes of paragraph (1), the ‘‘non-Federal participation percentage’’ for a State for the 9-month period or State fiscal year

is equal to the ratio of—

(A) the State’s base State expenditures (as defined

in paragraph (3)) plus the applicable percentage (as defined

in paragraph (4)) of the difference between the amount

of such expenditures and the amount of the State expenditures that would be required for the State to qualify for

the maximum Federal financial participation specified in

paragraph (5) under title XIX of the Social Security Act

if this section did not apply for such period or State fiscal

year; to

(B) the total expenditures under the State plan of

the State under such title for such period or State fiscal

year.

Such ratio shall be calculated as if total expenditures under

the State plan were no greater than necessary for the State

to receive the maximum Federal financial participation specified in paragraph (5).

(3) BASE STATE EXPENDITURES.—For purposes of this subsection, the term ‘‘base State expenditures’’ means—

(A) for the 9-month period, $266,250,000, or

(B) for State fiscal year 1996–1997, $355,000,000, or

(C) for State fiscal year 1997–1998, $355,000,000.

(4) APPLICABLE PERCENTAGE.—For purposes of this subsection, the ‘‘applicable percentage’’—

(A) for the 9-month period is 20 percent,

(B) for State fiscal year 1996–1997 is 35 percent, and

(C) for State fiscal year 1997–1998 is 55 percent.

(5) MAXIMUM FEDERAL PARTICIPATION.—For purposes of this

section, the maximum Federal financial participation specified

in this paragraph for a State—

(A) for the 9-month period, is $1,966,500,000

(B) for State fiscal year 1996–1997 is $2,622,000,000,

and

(C) for State fiscal year 1997–1998 is $2,622,000,000.

(c) ADDITIONAL RULES.—

(1) LIMITING APPLICATION TO EXPENDITURES FOR PERIODS

IN WHICH ELECTION IN EFFECT.—This section (and the maximum

Federal financial participation specified in subsection (b)(5))

shall not apply to any expenditure that is applicable to a

reporting period that is not covered under an election under

subsection (a), including any expenditure applicable to any

reporting period before October 1, 1995.

(2) ELECTION PROCESS.—An election of a State under subsection (a) shall be made, by notice from the Governor of

the State to the Secretary of Health and Human Services,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–250

not later than 30 days after the date of the enactment of

this Act.

(3) LIMITATION.—For any period (on or after the date of

an election under this section) in which an election is in effect

for a State under this section—

(A) the Federal Government has no obligation to provide payment with respect to items and services provided

under title XIX of the Social Security Act in excess of

the maximum Federal financial participation specified in

subsection (b)(5) and such title shall not be construed as

providing for an entitlement, under Federal law in relation

to the Federal Government, in an individual or person

(including any provider) at the time of provision or receipt

of services; and

(B) the State shall provide an entitlement to any person

to receive any service or other benefit to the extent that

such person would, but for this paragraph, be entitled

to such service or other benefit under such title.

(4) CONDITION FOR STATE FISCAL YEAR 1997–1998.—This section shall not apply to State fiscal year 1997–1998 except

to the extent provided for in a subsequent appropriation Act.

(d) DEFINITION.—For purposes of this section, the term ‘‘heavily

impacted high-DSH State’’ means the State of Louisiana.

(e) STATE FISCAL YEARS DEFINED.—For purposes of this

section—

(1) the term ‘‘State fiscal year 1996–1997’’ means the period

beginning July 1, 1996, and ending June 30, 1997, and

(2) the term ‘‘State fiscal year 1997–1998’’ means the period

beginning July 1, 1997, and ending June 30, 1998.

SEC. 520. (a) Congress finds that—

(1) the practice of female genital mutilation is carried out

by members of certain cultural and religious groups within

the United States; and

(2) the practice of female genital mutilation often results

in the occurrence of physical and psychological health effects

that harm the women involved.

(b) The Secretary of Health and Human Services shall do

the following:

(1) Compile data on the number of females living in the

United States who have been subjected to female genital mutilation (whether in the United States or in their countries of

origin), including a specification of the number of girls under

the age of 18 who have been subjected to such mutilation.

(2) Identify communities in the United States that practice

female genital mutilation, and design and carry out outreach

activities to educate individuals in the communities on the

physical and psychological health effects of such practice. Such

outreach activities shall be designed and implemented in

collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations

with expertise in preventing such practice.

(3) Develop recommendations for the education of students

of schools of medicine and osteopathic medicine regarding

female genital mutilation and complications arising from such

mutilation. Such recommendations shall be disseminated to

such schools.

Female genital

mutilation.

42 USC 241 note.
110 STAT. 1321–251 PUBLIC LAW 104–134—APR. 26, 1996

(c) For purposes of this section the term ‘‘female genital mutilation’’ means the removal or infibulation (or both) of the whole

or part of the clitoris, the labia minor, or the labia major.

(d) The Secretary of Health and Human Services shall commence carrying out this section not later than 90 days after the

date of enactment of this Act.

TITLE VI—ADDITIONAL APPROPRIATIONS

SEC. 601. In addition to amounts otherwise provided in this

Act, the following amounts are hereby appropriated as specified

for the following appropriation accounts: Health Care Financing

Administration, ‘‘Program Management’’, $396,000,000; and Office

of the Secretary, ‘‘Office of Inspector General’’, $22,330,000, together

with not to exceed $20,670,000 to be transferred and expended

as authorized by section 201(g)(1) of the Social Security Act from

the Hospital Insurance Trust Fund and the Supplemental Medical

Insurance Trust Fund

SEC. 602. Appropriations and funds made available pursuant

to section 601 of this Act shall be available until enactment into

law of a subsequent appropriation for fiscal year 1996 for any

project or activity provided for in section 601.

TITLE VII—AMENDMENTS TO THE GOALS 2000:

EDUCATE AMERICA ACT

SEC. 701. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS

AND IMPROVEMENT COUNCIL AND OPPORTUNITY-TOLEARN STANDARDS.

The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.)

is amended—

(1) by repealing part B of title II (20 U.S.C. 5841 et seq.);

(2) by redesignating parts C and D of title II (20 U.S.C.

5861 et seq. and 5871 et seq.) as parts B and C, respectively,

of title II; and

(3) in section 241 (20 U.S.C. 5871)—

(A) in subsection (a), by striking ‘‘(a) NATIONAL EDUCATION GOALS PANEL.—’’; and

(B) by striking subsections (b) through (d).

SEC. 702. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT.

(a) PANEL COMPOSITION; OPPORTUNITY-TO-LEARN STANDARDS;

AND SUBMISSION OF PLAN TO THE SECRETARY FOR APPROVAL.—

(1) STATE IMPROVEMENT PLAN.—Section 306 of the Goals

2000: Educate America Act (20 U.S.C. 5886) is amended—

(A) by amending subsection (b) to read as follows:

‘‘(b) PLAN DEVELOPMENT.—A State improvement plan under

this title shall be developed by a broad-based State panel in cooperation with the State educational agency and the Governor.’’;

(B) by striking subsection (d).

(b) LOCAL PANEL COMPOSITION.—Section 309(a)(3)(A) of such

Act (20 U.S.C. 5889(a)(3)(A)) is amended—

(1) in the matter preceding clause (i), by striking ‘‘that—

’’ and inserting a semicolon; and

(2) by striking clauses (i) and (ii).

Effective date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–252

SEC. 703. TECHNICAL AND CONFORMING AMENDMENTS.

(a) GOALS 2000: EDUCATE AMERICA ACT.—

(1) The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II—

(A) by striking the items relating to part B;

(B) by striking ‘‘PART C’’ and inserting ‘‘PART B’’; and

(C) by striking ‘‘PART D’’ and inserting ‘‘PART C’’.

(2) Section 2 of such Act (20 U.S.C. 5801) is amended—

(A) in paragraph (4)—

(i) in subparagraph (B), by inserting ‘‘and’’ after

the semicolon;

(ii) by striking subparagraph (C); and

(iii) by redesignating subparagraph (D) as subparagraph (C); and

(B) in paragraph (6)—

(i) by striking subparagraph (C); and

(ii) by redesignating subparagraphs (D) through

(F) as subparagraphs (C) through (E), respectively.

(3) Section 3(a) of such Act (20 U.S.C. 5802) is amended—

(A) by striking paragraph (7); and

(B) by redesignating paragraphs (8) through (14) as

paragraphs (7) through (13), respectively.

(4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is

amended by striking ‘‘, voluntary national student performance’’

and all that follows through ‘‘such Council’’ and inserting ‘‘and

voluntary national student performance standards’’.

(5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is amended

by striking ‘‘, student performance, or opportunity-to-learn’’ and

inserting ‘‘or student performance’’.

(6) Section 203 of such Act (20 U.S.C. 5823) is amended—

(A) in subsection (a)—

(i) by striking paragraphs (2) and (3);

(ii) by redesignating paragraphs (4) through (6)

as paragraphs (2) through (4), respectively; and

(iii) by amending paragraph (2) (as redesignated

by clause (ii)) to read as follows:

‘‘(2) review voluntary national content standards and voluntary national student performance standards;’’; and

(B) in subsection (b)(1)—

(i) in subparagraph (A), by inserting ‘‘and’’ after

the semicolon;

(ii) in subparagraph (B), by striking ‘‘; and’’ and

inserting a period; and

(iii) by striking subparagraph (C).

(7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2))

is amended—

(A) by striking ‘‘voluntary national opportunity-to-learn

standards,’’; and

(B) by striking ‘‘described in section 213(f)’’.

(8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2))

is amended—

(A) in subparagraph (A), by adding ‘‘and’’ after the

semicolon;

(B) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and

(C) by striking subparagraph (C).
110 STAT. 1321–253 PUBLIC LAW 104–134—APR. 26, 1996

(9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is

amended by striking ‘‘State opportunity-to-learn standards or

strategies,’’.

(10) Section 308 of such Act (20 U.S.C. 5888) is amended—

(A) in subsection (b)(2)—

(i) in the matter preceding clause (i) of subparagraph (A), by striking ‘‘State opportunity-to-learn

standards,’’; and

(ii) in subparagraph (A), by striking ‘‘including—

’’ and all that follows through ‘‘part B of title II;’’

and inserting ‘‘including through consortia of States;’’;

and

(B) in subsection (c), by striking ‘‘306(b)(1)’’ and inserting ‘‘306(b)’’.

(11) For the purpose of expanding the use and availability

of computers and computer technology, section 309(a)(6)(A)(ii)

of such Act (20 U.S.C. 5889(a)(6)(A)(ii)) is amended by inserting

after ‘‘new public schools’’ the following ‘‘and the acquisition

of technology and use of technology-enhanced curricula and

instruction’’

(12) Section 312(b) of such Act (20 U.S.C. 5892(b)) is

amended—

(A) by striking paragraph (1); and

(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

(13) Section 314(a)(6)(A) of such Act (20 U.S.C.

5894(a)(6)(A)) is amended by striking ‘‘certified by the National

Education Standards and Improvement Council and’’.

(14) Section 315 of such Act (20 U.S.C. 5895) is amended—

(A) in subsection (b)—

(i) in paragraph (1)(C), by striking ‘‘, including

the requirements for timetables for opportunity-tolearn standards,’’;

(ii) by striking paragraph (2);

(iii) by redesignating paragraphs (3) through (5)

as paragraphs (2) through (4), respectively;

(iv) in paragraph (1)(A), by striking ‘‘paragraph

(4) of this subsection’’ and inserting ‘‘paragraph (3)’’;

(v) in paragraph (2) (as redesignated by clause

(iii))—

(I) by striking subparagraph (A);

(II) by redesignating subparagraphs (B) and

(C) as subparagraphs (A) and (B), respectively;

and

(III) in subparagraph (A) (as redesignated by

subclause (II)) by striking ‘‘, voluntary natural student performance standards, and voluntary natural opportunity-to-learn standards developed under

part B of title II of this Act’’ and inserting ‘‘and

voluntary national student performance standards’’;

(vi) in subparagraph (B) of paragraph (3) (as

redesignated by clause (iii)), by striking ‘‘paragraph

(5),’’ and inserting ‘‘paragraph (4),’’; and

(vii) in paragraph (4) (as redesignated by clause

(ii)), by striking ‘‘paragraph (4)’’ each place it appears

and inserting ‘‘paragraph (3)’’;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–254

(B) in the matter preceding subparagraph (A) of subsection (c)(2)—

(i) by striking ‘‘subsection (b)(4)’’ and inserting

‘‘subsection (b)(3)’’; and

(ii) by striking ‘‘and to provide a framework for

the implementation of opportunity-to-learn standards

or strategies’’; and

(C) in subsection (f), by striking ‘‘subsection (b)(4)’’

each place it appears and inserting ‘‘subsection (b)(3)’’.

(15)(A) Section 316 of such Act (20 U.S.C. 5896) is repealed.

(B) The table of contents for such Act is amended by

striking the item relating to section 316.

(16) Section 317 of such Act (20 U.S.C. 5897) is amended—

(A) in subsection (d)(4), by striking ‘‘promote the standards and strategies described in section 306(d),’’; and

(B) in subsection (e)—

(i) in paragraph (2), by inserting ‘‘and’’ after the

semicolon;

(ii) by striking paragraph (3); and

(iii) by redesignating paragraph (4) as paragraph

(3).

(17) Section 503 of such Act (20 U.S.C. 5933) is amended—

(A) in subsection (b)—

(i) in paragraph (1)—

(I) in the matter preceding subparagraph (A),

by striking ‘‘28’’ and inserting ‘‘27’’;

(II) by striking subparagraph (D); and

(III) by redesignating subparagraphs (E)

through (G) as subparagraphs (D) through (F),

respectively;

(ii) in paragraphs (2), (3), and (5), by striking

‘‘subparagraphs (E), (F), and (G)’’ each place it appears

and inserting ‘‘subparagraphs (D), (E), and (F)’’;

(iii) in paragraph (2), by striking ‘‘subparagraph

(G)’’ and inserting ‘‘subparagraph (F)’’;

(iv) in paragraph (4), by striking ‘‘(C), and (D)’’

and inserting ‘‘and (C)’’; and

(v) in the matter preceding subparagraph (A) of

paragraph (5), by striking ‘‘subparagraph (E), (F), or

(G)’’ and inserting ‘‘subparagraph (D), (E), or (F)’’; and

(B) in subsection (e)—

(i) in paragraph (1)(B), by striking ‘‘subparagraph

(E)’’ and inserting ‘‘subparagraph (D)’’; and

(ii) in paragraph (2), by striking ‘‘subparagraphs

(E), (F), and (G)’’ and inserting ‘‘subparagraphs (D),

(E), and (F)’’.

(18) Section 504 of such Act (20 U.S.C. 5934) is amended—

(A) by striking subsection (f); and

(B) by redesignating subsection (g) as subsection (f).

(b) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—

(1) Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended—

(A) in subsection (b)(8)(B), by striking ‘‘(which may

include opportunity-to-learn standards or strategies developed under the Goals 2000: Educate America Act)’’;

(B) in subsection (f), by striking ‘‘opportunity-to-learn

standards or strategies,’’;
110 STAT. 1321–255 PUBLIC LAW 104–134—APR. 26, 1996

(C) by striking subsection (g); and

(D) by redesignating subsection (h) as subsection (g).

(2) Section 1116 of such Act (20 U.S.C. 6317) is amended—

(A) in subsection (c)—

(i) in paragraph (2)(A)(i), by striking all beginning

with ‘‘, which may’’ through ‘‘Act’’; and

(ii) in paragraph (5)(B)(i)—

(I) in subclause (VI), by inserting ‘‘and’’ after

the semicolon;

(II) in subclause (VII), by striking ‘‘; and’’ and

inserting a period; and

(III) by striking subclause (VIII); and

(B) in subsection (d)—

(i) in paragraph (4)(B), by striking all beginning

with ‘‘, and may’’ through ‘‘Act’’; and

(ii) in paragraph (6)(B)(i)—

(I) by striking subclause (IV); and

(II) by redesignating subclauses (V) through

(VIII) as subclauses (IV) through (VII), respectively.

(3) Section 1501(a)(2)(B) of such Act (20 U.S.C.

6491(a)(2)(B)) is amended—

(A) by striking clause (v); and

(B) by redesignating clauses (vi) through (x) as clauses

(v) through (ix), respectively.

(4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C.

8001(b)(1)(A)(i)) is amended by striking ‘‘and opportunity-tolearn standards or strategies for student learning’’.

(5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C.

8941(b)(1)(B)(v)) is amended by striking ‘‘the National Education Goals Panel,’’ and all that follows through ‘‘assessments)’’

and inserting ‘‘and the National Education Goals Panel’’.

(c) GENERAL EDUCATION PROVISIONS ACT.—Section 428 of the

General Education Provisions Act (20 U.S.C. 1228b), as amended

by section 237 of the Improving America’s Schools Act of 1994

(Public Law 103–382), is amended by striking ‘‘the National Education Standards and Improvement Council,’’.

(d) EDUCATION AMENDMENTS OF 1978.—Section 1121(b) of the

Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended

by section 381 of the Improving America’s Schools Act of 1994

(Public Law 103–382), is amended by striking ‘‘213(a)’’ and inserting

‘‘203(a)(2)’’.

SEC. 704. DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.

Section 304 of the Goals 2000: Educate America Act (20 U.S.C.

5884) is amended by adding at the end the following new subsection:

‘‘(e) DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (c), if a State

educational agency was not participating in the program under

this section as of October 20, 1995, and the State educational

agency approves, the Secretary shall use all or a portion of

the allotment that the State would have received under this

section for a fiscal year to award grants to local educational

agencies in the State that have approved applications under

paragraph (2) for such fiscal year.

‘‘(2) APPLICATION.—Any local educational agency that

desires to receive a grant under this subsection shall submit
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–256

an application to the Secretary that is consistent with the

provisions of this Act and shall notify the State educational

agency of such application in accordance with paragraph (1).

The Secretary may establish a deadline for the submission

of such applications.

‘‘(3) AWARD BASIS.—The Secretary may use the student

enrollment of a local educational agency or other factors as

a basis for awarding grants under this subsection.’’

SEC. 705. ALTERNATIVE TO SECRETARIAL APPROVAL OF STATE PLANS.

(a) STATE IMPROVEMENT PLANS.—Section 306(n) of the Goals

2000: Educate America Act (20 U.S.C. 5886(n)) is amended by

adding at the end the following new paragraph:

‘‘(4) ALTERNATIVE SUBMISSION.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of this title, any State educational agency that wishes

to receive an allotment under this title after the first year

such State educational agency receives such an allotment

may, in lieu of submitting its State improvement plan

for approval by the Secretary under this subsection and

section 305(c)(2), or submitting major amendments to the

Secretary under subsection (p), provide the Secretary, as

part of an application under section 305(c) or as an amendment to a previously approved application—

‘‘(i) an assurance, from the Governor and the chief

State school officer of the State, that—

‘‘(I) the State has a plan that meets the

requirements of this section and that is widely

available throughout the State; and

‘‘(II) any amendments the State makes to the

plan will meet the requirements of this section;

and

‘‘(ii) the State’s benchmarks of improved student

performance and of progress in implementing the plan,

and the timelines against which the State’s progress

in carrying out the plan can be measured.

‘‘(B) ANNUAL REPORT.—Any State educational agency

that chooses to use the alternative method described in

paragraph (1) shall annually report to the public summary

information on the use of funds under this title by the

State and local educational agencies in the State, as well

as the State’s progress toward meeting the benchmarks

and timelines described in subparagraph (A)(ii).’’.

(b) STATE APPLICATIONS.—Section 305(c)(2) of such Act (20

U.S.C. 5885(c)(2)) is amended by inserting ‘‘except in the case

of a State educational agency submitting the information described

in section 306(n)(4),’’ before ‘‘include’’.

(c) SECRETARY’S REVIEW OF APPLICATIONS.—Section 307(b)(1)

of such Act (20 U.S.C. 5887(b)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘or’’ after the semicolon;

(2) in subparagraph (B), by striking ‘‘and’’ after the semicolon and inserting ‘‘or’’; and

(3) by adding at the end the following new subparagraph:

‘‘(C) the State educational agency has submitted the

information described in section 306(n)(4); and’’.
110 STAT. 1321–257 PUBLIC LAW 104–134—APR. 26, 1996

(d) PROGRESS REPORTS.—The matter preceding paragraph (1)

of section 312(a) of such Act (20 U.S.C. 5892(a)) is amended by

striking ‘‘Each’’ and inserting ‘‘Except in the case of a State educational agency submitting the information described in section

306(n)(4), each’’.

SEC. 706. LIMITATIONS.

Title III of the Goals 2000: Educate America Act (20 U.S.C.

5881 et seq.) is further amended by adding at the end the following

new section:

‘‘SEC. 320. LIMITATIONS.

‘‘(a) PROHIBITED CONDITIONS.—Nothing in this Act shall be

construed to require a State, a local educational agency, or a school,

as a condition of receiving assistance under this title—

‘‘(1) to provide outcomes-based education; or

‘‘(2) to provide school-based health clinics or any other

health or social service.

‘‘(b) LIMITATION ON GOVERNMENT OFFICIALS.—Nothing in this

Act shall be construed to require or permit any Federal or State

official to inspect a home, judge how parents raise their children,

or remove children from their parents, as a result of the participation of a State, local educational agency, or school in any program

or activity carried out under this Act.’’.

This Act may be cited as the ‘‘Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 1996’’.

(e) For programs, projects or activities in the Departments

of Veterans Affairs and Housing and Urban Development, and

Independent Agencies Appropriations Act, 1996, provided as follows,

to be effective as if it had been enacted into law as the regular

appropriations Act:

AN ACT

Making appropriations for the Departments of Veterans Affairs

and Housing and Urban Development, and for sundry independent

agencies, boards, commissions, corporations, and offices for the fiscal

year ending September 30, 1996, and for other purposes.

TITLE I

DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of

veterans as authorized by law (38 U.S.C. 107, chapters 11, 13,

51, 53, 55, and 61); pension benefits to or on behalf of veterans

as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;

92 Stat. 2508); and burial benefits, emergency and other officers’

retirement pay, adjusted-service credits and certificates, payment

of premiums due on commercial life insurance policies guaranteed

under the provisions of Article IV of the Soldiers’ and Sailors’

Civil Relief Act of 1940, as amended, and for other benefits as

Departments of

Veterans Affairs

and Housing and

Urban

Development,

and Independent

Agencies

Appropriations

Act, 1996.

20 USC 5900.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–258

authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters

23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,

123; 45 Stat. 735; 76 Stat. 1198); $18,331,561,000, to remain available until expended: Provided, That not to exceed $25,180,000 of

the amount appropriated shall be reimbursed to ‘‘General operating

expenses’’ and ‘‘Medical care’’ for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38

U.S.C. chapters 51, 53, and 55), the funding source for which

is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may be earned on

an actual qualifying patient basis, shall be reimbursed to ‘‘Medical

facilities revolving fund’’ to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized by the Veterans’ Benefits Act of 1992 (38 U.S.C. chapter

55): Provided further, That $12,000,000 previously transferred from

‘‘Compensation and pensions’’ to ‘‘Medical facilities revolving fund’’

shall be transferred to this heading.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits

to or on behalf of veterans as authorized by law (38 U.S.C. chapters

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000,

to remain available until expended: Provided, That funds shall

be available to pay any court order, court award or any compromise

settlement arising from litigation involving the vocational training

program authorized by section 18 of Public Law 98–77, as amended.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,

and veterans mortgage life insurance as authorized by law (38

U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to

remain available until expended.

GUARANTY AND INDEMNITY PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the purpose of the program, as

authorized by 38 U.S.C. chapter 37, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974,

as amended.

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $65,226,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

LOAN GUARANTY PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the purpose of the program, as

authorized by 38 U.S.C. chapter 37, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be
110 STAT. 1321–259 PUBLIC LAW 104–134—APR. 26, 1996

as defined in section 502 of the Congressional Budget Act of 1974,

as amended.

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $52,138,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

DIRECT LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, such sums as may be necessary

to carry out the purpose of the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

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

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That during 1996, within the resources available, not to

exceed $300,000 in gross obligations for direct loans are authorized

for specially adapted housing loans (38 U.S.C. chapter 37).

In addition, for administrative expenses to carry out the direct

loan program, $459,000, which may be transferred to and merged

with the appropriation for ‘‘General operating expenses’’.

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,000, as authorized by 38 U.S.C.

3698, as amended: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of

the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $4,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $195,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $54,000, as authorized by 38

U.S.C. chapter 31, as amended: Provided, That such costs, including

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

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $1,964,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $377,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–260

amended, $205,000, which may be transferred to and merged with

the appropriation for ‘‘General operating expenses’’.

VETERANS HEALTH ADMINISTRATION

MEDICAL CARE

For necessary expenses for the maintenance and operation of

hospitals, nursing homes, and domiciliary facilities; for furnishing,

as authorized by law, inpatient and outpatient care and treatment

to beneficiaries of the Department of Veterans Affairs, including

care and treatment in facilities not under the jurisdiction of the

Department of Veterans Affairs, and furnishing recreational facilities, supplies, and equipment; funeral, burial, and other expenses

incidental thereto for beneficiaries receiving care in Department

of Veterans Affairs facilities; administrative expenses in support

of planning, design, project management, real property acquisition

and disposition, construction and renovation of any facility under

the jurisdiction or for the use of the Department of Veterans Affairs;

oversight, engineering and architectural activities not charged to

project cost; repairing, altering, improving or providing facilities

in the several hospitals and homes under the jurisdiction of the

Department of Veterans Affairs, not otherwise provided for, either

by contract or by the hire of temporary employees and purchase

of materials; uniforms or allowances therefor, as authorized by

law (5 U.S.C. 5901–5902); aid to State homes as authorized by

law (38 U.S.C. 1741); and not to exceed $8,000,000 to fund cost

comparison studies as referred to in 38 U.S.C. 8110(a)(5);

$16,564,000,000, plus reimbursements: Provided, That of the funds

made available under this heading, $789,000,000 is for the equipment and land and structures object classifications only, which

amount shall not become available for obligation until August 1,

1996, and shall remain available for obligation until September

30, 1997.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical

and prosthetic research and development as authorized by law

(38 U.S.C. chapter 73), to remain available until September 30,

1997, $257,000,000, plus reimbursements.

MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING

EXPENSES

For necessary expenses in the administration of the medical,

hospital, nursing home, domiciliary, construction, supply, and

research activities, as authorized by law; administrative expenses

in support of planning, design, project management, architectural,

engineering, real property acquisition and disposition, construction

and renovation of any facility under the jurisdiction or for the

use of the Department of Veterans Affairs, including site acquisition; engineering and architectural activities not charged to project

cost; and research and development in building construction technology; $63,602,000, plus reimbursements.
110 STAT. 1321–261 PUBLIC LAW 104–134—APR. 26, 1996

TRANSITIONAL HOUSING LOAN PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $7,000, as authorized by Public

Law 102–54, section 8, which shall be transferred from the ‘‘General

post fund’’: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize gross obligations for the

principal amount of direct loans not to exceed $70,000. In addition,

for administrative expenses to carry out the direct loan program,

$54,000, which shall be transferred from the ‘‘General post fund’’,

as authorized by Public Law 102–54, section 8.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $25,000 for

official reception and representation expenses; hire of passenger

motor vehicles; and reimbursement of the General Services

Administration for security guard services, and the Department

of Defense for the cost of overseas employee mail; $848,143,000:

Provided, That of the amount appropriated and any other funds

made available from any other source for activities funded under

this heading, except reimbursements, not to exceed $214,109,000

shall be available for General Administration; including not to

exceed (1) $3,206,000 for personnel compensation and benefits and

$50,000 for travel in the Office of the Secretary, (2) $75,000 for

travel in the Office of the Assistant Secretary for Policy and Planning, (3) $33,000 for travel in the Office of the Assistant Secretary

for Congressional Affairs, and (4) $100,000 for travel in the Office

of Assistant Secretary for Public and Intergovernmental Affairs:

Provided further, That during fiscal year 1996, notwithstanding

any other provision of law, the number of individuals employed

by the Department of Veterans Affairs (1) in other than ‘‘career

appointee’’ positions in the Senior Executive Service shall not exceed

6, and (2) in schedule C positions shall not exceed 11: Provided

further, That not to exceed $6,000,000 of the amount appropriated

shall be available for administrative expenses to carry out the

direct and guaranteed loan programs under the Loan Guaranty

Program Account: Provided further, That funds under this heading

shall be available to administer the Service Members Occupational

Conversion and Training Act: Provided further, That none of the

funds under this heading may be obligated or expended for the

acquisition of automated data processing equipment and services

for Department of Veterans Affairs regional offices to support Stage

III of the automated data equipment modernization program of

the Veterans Benefits Administration.

NATIONAL CEMETERY SYSTEM

For necessary expenses for the maintenance and operation of

the National Cemetery System not otherwise provided for, including

uniforms or allowances therefor, as authorized by law; cemeterial
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–262

expenses as authorized by law; purchase of three passenger motor

vehicles, for use in cemeterial operations; and hire of passenger

motor vehicles, $72,604,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

as amended, $30,900,000.

CONSTRUCTION, MAJOR PROJECTS

(INCLUDING TRANSFER OF FUNDS)

For constructing, altering, extending and improving any of the

facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, or for any of the purposes set forth in sections

316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

of title 38, United States Code, including planning, architectural

and engineering services, maintenance or guarantee period services

costs associated with equipment guarantees provided under the

project, services of claims analysts, offsite utility and storm drainage

system construction costs, and site acquisition, where the estimated

cost of a project is $3,000,000 or more or where funds for a project

were made available in a previous major project appropriation,

$136,155,000, to remain available until expended: Provided, That

except for advance planning of projects funded through the advance

planning fund and the design of projects funded through the design

fund, none of these funds shall be used for any project which

has not been considered and approved by the Congress in the

budgetary process: Provided further, That funds provided in this

appropriation for fiscal year 1996, for each approved project shall

be obligated (1) by the awarding of a construction documents contract by September 30, 1996, and (2) by the awarding of a construction contract by September 30, 1997: Provided further, That the

Secretary shall promptly report in writing to the Comptroller General and to the Committees on Appropriations any approved major

construction project in which obligations are not incurred within

the time limitations established above; and the Comptroller General

shall review the report in accordance with the procedures established by section 1015 of the Impoundment Control Act of 1974

(title X of Public Law 93–344): Provided further, That no funds

from any other account except the ‘‘Parking revolving fund’’, may

be obligated for constructing, altering, extending, or improving a

project which was approved in the budget process and funded

in this account until one year after substantial completion and

beneficial occupancy by the Department of Veterans Affairs of the

project or any part thereof with respect to that part only: Provided

further, That of the funds made available under this heading in

Public Law 103–327, $7,000,000 shall be transferred to the ‘‘Parking

revolving fund’’.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of

the facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services

Reports.
110 STAT. 1321–263 PUBLIC LAW 104–134—APR. 26, 1996

of claims analysts, offsite utility and storm drainage system

construction costs, and site acquisition, or for any of the purposes

set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,

8110, and 8122 of title 38, United States Code, where the estimated

cost of a project is less than $3,000,000, $190,000,000, to remain

available until expended, along with unobligated balances of previous ‘‘Construction, minor projects’’ appropriations which are

hereby made available for any project where the estimated cost

is less than $3,000,000: Provided, That funds in this account shall

be available for (1) repairs to any of the nonmedical facilities

under the jurisdiction or for the use of the Department of Veterans

Affairs which are necessary because of loss or damage caused by

any natural disaster or catastrophe, and (2) temporary measures

necessary to prevent or to minimize further loss by such causes.

PARKING REVOLVING FUND

For the parking revolving fund as authorized by law (38 U.S.C.

8109), income from fees collected, to remain available until

expended. Resources of this fund shall be available for all expenses

authorized by 38 U.S.C. 8109 except operations and maintenance

costs which will be funded from ‘‘Medical care’’.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist the several States to acquire or construct

State nursing home and domiciliary facilities and to remodel, modify

or alter existing hospital, nursing home and domiciliary facilities

in State homes, for furnishing care to veterans as authorized by

law (38 U.S.C. 8131–8137), $47,397,000, to remain available until

expended.

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or improving State veteran cemeteries as authorized by law (38 U.S.C. 2408),

$1,000,000, to remain available until September 30, 1998.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Any appropriation for 1996 for ‘‘Compensation and

pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and

indemnities’’ may be transferred to any other of the mentioned

appropriations.

SEC. 102. Appropriations available to the Department of Veterans Affairs for 1996 for salaries and expenses shall be available

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

SEC. 103. No part of the appropriations in this Act for the

Department of Veterans Affairs (except the appropriations for

‘‘Construction, major projects’’, ‘‘Construction, minor projects’’, and

the ‘‘Parking revolving fund’’) shall be available for the purchase

of any site for or toward the construction of any new hospital

or home.

SEC. 104. No part of the foregoing appropriations shall be

available for hospitalization or examination of any persons except

beneficiaries entitled under the laws bestowing such benefits to
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–264

veterans, unless reimbursement of cost is made to the appropriation

at such rates as may be fixed by the Secretary of Veterans Affairs.

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 1996 for ‘‘Compensation and pensions’’,

‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’

shall be available for payment of prior year accrued obligations

required to be recorded by law against the corresponding prior

year accounts within the last quarter of fiscal year 1995.

SEC. 106. Appropriations accounts available to the Department

of Veterans Affairs for fiscal year 1996 shall be available to pay

prior year obligations of corresponding prior year appropriations

accounts resulting from title X of the Competitive Equality Banking

Act, Public Law 100–86, except that if such obligations are from

trust fund accounts they shall be payable from ‘‘Compensation

and pensions’’.

SEC. 107. Notwithstanding any other provision of law, the

Secretary of Veterans Affairs is authorized to transfer, without

compensation or reimbursement, the jurisdiction and control of

a parcel of land consisting of approximately 6.3 acres, located on

the south edge of the Department of Veterans Affairs Medical

and Regional Office Center, Wichita, Kansas, including buildings

Nos. 8 and 30 and other improvements thereon, to the Secretary

of Transportation for the purpose of expanding and modernizing

United States Highway 54: Provided, That if necessary, the exact

acreage and legal description of the real property transferred shall

be determined by a survey satisfactory to the Secretary of Veterans

Affairs and the Secretary of Transportation shall bear the cost

of such survey: Provided further, That the Secretary of Transportation shall be responsible for all costs associated with the transferred land and improvements thereon, and compliance with all

existing statutes and regulations: Provided further, That the Secretary of Veterans Affairs and the Secretary of Transportation

may require such additional terms and conditions as each Secretary

considers appropriate to effectuate this transfer of land.

SEC. 108. CONSTRUCTION AUTHORIZATION—Authorization of

major medical facility projects and major medical facility leases

for the Department of Veterans Affairs for fiscal year 1996.

(a) AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS—

The Secretary of Veterans Affairs may carry out the following

major medical facility projects, with each project to be carried

out in the amount authorized for that project:

(1) Construction of an outpatient clinic in Brevard County,

Florida, in the amount of $25,000,000.

(2) Construction of an outpatient clinic at Travis Air Force

Base in Fairfield, California, in the amount of $25,000,000.

(3) Construction of an ambulatory care addition at the

Department of Veterans Affairs medical center in Boston,

Massachusetts in the amount of $28,000,000.

(4) Construction of a medical research addition at the

Department of Veterans Affairs medical center in Portland,

Oregon, an additional authorization in the amount of

$16,000,000, for a total amount of $32,100,000.

(b) AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES—The

Secretary of Veterans Affairs may enter into leases for medical

facilities as follows:

(1) Lease of a satellite outpatient clinic in Fort Myers,

Florida, in the amount of $1,736,000.
110 STAT. 1321–265 PUBLIC LAW 104–134—APR. 26, 1996

(2) Lease of a National Footwear Center in New York, New York, in the amount of $1,054,000.

(c) AUTHORIZATION OF APPROPRIATIONS—There are authorized

to be appropriated to the Secretary of Veterans Affairs for fiscal

year 1996—(1) $94,000,000 for the major medical facility projects

authorized in subsection (a); and (2) $2,790,000 for the major medical facility leases authorized in subsection (b).

(d) LIMITATION—The projects authorized in subsection (a) may

only be carried out using—

(1) funds appropriated for fiscal year 1996 and subsequent

fiscal years pursuant to the authorization of appropriations

in subsection (c).

(2) funds appropriated for Construction, Major Projects for

a fiscal year before fiscal year 1996 that remain available

for obligation; and

(3) funds appropriated for Construction, Major Projects for

fiscal year 1996 for a category of activity not specific to a

project.

(e) LIMITATION CONCERNING OUTPATIENT CLINIC PROJECTS— In the case of either of the projects for a new outpatient clinic

authorized in paragraphs (1) and (2) of subsection (a)—

(1) the Secretary of Veterans Affairs may not obligate any

funds for that project until the Secretary determines, and certifies to the Committees on Veterans’ Affairs of the Senate

and House of Representatives, the amount required for the

project; and

(2) the amount obligated for the project may not exceed

the amount certified under paragraph (1) with respect to that

project.

SEC. 109. (a) DESIGNATION.—The Walla Walla Veterans Medical

Center located at 77 Wainwright Drive, Walla Walla, Washington,

shall be known and designated as the ‘‘Jonathan M. Wainwright

Memorial VA Medical Center’’.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the Walla

Walla Veterans Medical Center referred to in subsection (a) shall

be deemed to be a reference to the ‘‘Jonathan M. Wainwright

Memorial VA Medical Center’’.

TITLE II

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

HOUSING PROGRAMS

ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

For assistance under the United States Housing Act of 1937,

as amended (‘‘the Act’’ herein) (42 U.S.C. 1437), not otherwise

provided for, $9,818,795,000 to remain available until expended:

Provided, That of the total amount provided under this head,

$160,000,000 shall be for the development or acquisition cost of

public housing for Indian families, including amounts for housing

under the mutual help homeownership opportunity program under

section 202 of the Act (42 U.S.C. 1437bb): Provided further, That

of the total amount provided under this head, $2,500,000,000 shall

Federal buildings

and facilities.

Washington.

Certification.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–266

be for modernization of existing public housing projects pursuant

to section 14 of the Act (42 U.S.C. 1437l), including up to

$20,000,000 for the inspection of public housing units, contract

expertise, and training and technical assistance, directly or

indirectly, under grants, contracts, or cooperative agreements, to

assist in the oversight and management of public and Indian housing (whether or not the housing is being modernized with assistance

under this proviso) or tenant-based assistance, including, but not

limited to, an annual resident survey, data collection and analysis,

training and technical assistance by or to officials and employees

of the Department and of public housing agencies and to residents

in connection with the public and Indian housing program, or

for carrying out activities under section 6(j) of the Act: Provided

further, That of the total amount provided under this head,

$400,000,000 shall be for rental subsidy contracts under the section

8 existing housing certificate program and the housing voucher

program under section 8 of the Act, except that such amounts

shall be used only for units necessary to provide housing assistance

for residents to be relocated from existing federally subsidized or

assisted housing, for replacement housing for units demolished

or disposed of (including units to be disposed of pursuant to a

homeownership program under section 5(h) or title III of the United

States Housing Act of 1937) from the public housing inventory,

for funds related to litigation settlements, for the conversion of

section 23 projects to assistance under section 8, for public housing

agencies to implement allocation plans approved by the Secretary

for designated housing, for funds to carry out the family unification

program, and for the relocation of witnesses in connection with

efforts to combat crime in public and assisted housing pursuant

to a request from a law enforcement or prosecution agency: Provided

further, That of the total amount provided under this head,

$4,007,862,000 shall be for assistance under the United States

Housing Act of 1937 (42 U.S.C. 1437) for use in connection with

expiring or terminating section 8 subsidy contracts, such amounts

shall be merged with all remaining obligated and unobligated balances heretofore appropriated under the heading ‘‘Renewal of expiring section 8 subsidy contracts’’: Provided further, That notwithstanding any other provision of law, assistance reserved under

the two preceding provisos may be used in connection with any

provision of Federal law enacted in this Act or after the enactment

of this Act that authorizes the use of rental assistance amounts

in connection with such terminated or expired contracts: Provided

further, That the Secretary may determine not to apply section

8(o)(6)(B) of the Act to housing vouchers during fiscal year 1996:

Provided further, That of the total amount provided under this

head, $610,575,000 shall be for amendments to section 8 contracts

other than contracts for projects developed under section 202 of

the Housing Act of 1959, as amended; and $192,000,000 shall

be for section 8 assistance and rehabilitation grants for property

disposition: Provided further, That 50 per centum of the amounts

of budget authority, or in lieu thereof 50 per centum of the cash

amounts associated with such budget authority, that are recaptured

from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law

100–628, 102 Stat. 3224, 3268) shall be rescinded, or in the case

of cash, shall be remitted to the Treasury, and such amounts

of budget authority or cash recaptured and not rescinded or remitted
110 STAT. 1321–267 PUBLIC LAW 104–134—APR. 26, 1996

to the Treasury shall be used by State housing finance agencies

or local governments or local housing agencies with projects

approved by the Secretary of Housing and Urban Development

for which settlement occurred after January 1, 1992, in accordance

with such section: Provided further, That of the total amount provided under this head, $171,000,000 shall be for housing opportunities for persons with AIDS under title VIII, subtitle D of the

Cranston-Gonzalez National Affordable Housing Act; and

$65,000,000 shall be for the lead-based paint hazard reduction

program as authorized under sections 1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of 1992: Provided further,

That the Secretary may make up to $5,000,000 of any amount

recaptured in this account available for the development of performance and financial systems.

Of the total amount provided under this head, $624,000,000,

plus amounts recaptured from interest reduction payment contracts

for section 236 projects whose owners prepay their mortgages during

fiscal year 1996 (which amounts shall be transferred and merged

with this account), shall be for use in conjunction with properties

that are eligible for assistance under the Low Income Housing

Preservation and Resident Homeownership Act of 1990 (LIHPRHA)

or the Emergency Low-Income Housing Preservation Act of 1987

(ELIHPA): Provided, That prior to August 15, 1996, funding to

carry out plans of action shall be limited to sales of projects to

non-profit organizations, tenant-sponsored organizations, and other

priority purchasers: Provided further, That of the amount made

available by this paragraph, up to $10,000,000 shall be available

for preservation technical assistance grants pursuant to section

253 of the Housing and Community Development Act of 1987,

as amended: Provided further, That with respect to amounts made

available by this paragraph, after August 15, 1996, if the Secretary

determines that the demand for funding may exceed amounts available for such funding, the Secretary (1) may determine priorities

for distributing available funds, including giving priority funding

to tenants displaced due to mortgage prepayment and to projects

that have not yet been funded but which have approved plans

of action; and (2) may impose a temporary moratorium on applications by potential recipients of such funding: Provided further,

That an owner of eligible low-income housing may prepay the

mortgage or request voluntary termination of a mortgage insurance

contract, so long as said owner agrees not to raise rents for sixty

days after such prepayment: Provided further, That an owner of

eligible low-income housing who has not timely filed a second notice

under section 216(d) prior to the effective date of this Act may

file such notice by April 15, 1996: Provided further, That such

developments have been determined to have preservation equity

at least equal to the lesser of $5,000 per unit or $500,000 per

project or the equivalent of eight times the most recently published

fair market rent for the area in which the project is located as

the appropriate unit size for all of the units in the eligible project:

Provided further, That the Secretary may modify the regulatory

agreement to permit owners and priority purchasers to retain rental

income in excess of the basic rental charge in projects assisted

under section 236 of the National Housing Act, for the purpose

of preserving the low and moderate income character of the housing:

Provided further, That the Secretary may give priority to funding

and processing the following projects provided that the funding

12 USC 4101

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–268

is obligated not later than September 15, 1996: (1) projects with

approved plans of action to retain the housing that file a modified

plan of action no later than August 15, 1996 to transfer the housing;

(2) projects with approved plans of action that are subject to a

repayment or settlement agreement that was executed between

the owner and the Secretary prior to September 1, 1995; (3) projects

for which submissions were delayed as a result of their location

in areas that were designated as a Federal disaster area in a

Presidential Disaster Declaration; and (4) projects whose processing

was, in fact, or in practical effect, suspended, deferred, or interrupted for a period of nine months or more because of differing

interpretations, by the Secretary and an owner concerning the

time of the ability of an uninsured section 236 property to prepay

or by the Secretary and a State or local rent regulatory agency,

concerning the effect of a presumptively applicable State or local

rent control law or regulation on the determination of preservation

value under section 213 of LIHPRHA, as amended, if the owner

of such project filed notice of intent to extend the low-income

affordability restrictions of the housing, or transfer to a qualified

purchaser who would extend such restrictions, on or before November 1, 1993: Provided further, That eligible low-income housing

shall include properties meeting the requirements of this paragraph

with mortgages that are held by a State agency as a result of

a sale by the Secretary without insurance, which immediately before

the sale would have been eligible low-income housing under

LIHPRHA: Provided further, That notwithstanding any other provision of law, subject to the availability of appropriated funds, each

unassisted low-income family residing in the housing on the date

of prepayment or voluntary termination, and whose rent, as a

result of a rent increase occurring no later than one year after

the date of the prepayment, exceeds 30 percent of adjusted income,

shall be offered tenant-based assistance in accordance with section

8 or any successor program, under which the family shall pay

no less for rent than it paid on such date: Provided further, That

any family receiving tenant-based assistance under the preceding

proviso may elect (1) to remain in the unit of the housing and

if the rent exceeds the fair market rent or payment standard,

as applicable, the rent shall be deemed to be the applicable standard, so long as the administering public housing agency finds that

the rent is reasonable in comparison with rents charged for comparable unassisted housing units in the market or (2) to move

from the housing and the rent will be subject to the fair market

rent of the payment standard, as applicable, under existing program

rules and procedures: Provided further, That rents and rent

increases for tenants of projects for which plans of action are

funded under section 220(d)(3)(B) of LIHPRHA shall be governed

in accordance with the requirements of the program under which

the first mortgage is insured or made (sections 236 or 221(d)(3)

BMIR, as appropriate): Provided further, That the immediately

foregoing proviso shall apply hereafter to projects for which plans

of action are to be funded under such section 220(d)(3)(B), and

shall apply to any project that has been funded under such section

starting one year after the date that such project was funded:

Provided further, That up to $10,000,000 of the amount made

available by this paragraph may be used at the discretion of the

Secretary to reimburse owners of eligible properties for which plans

of action were submitted prior to the effective date of this Act,
110 STAT. 1321–269 PUBLIC LAW 104–134—APR. 26, 1996

but were not executed for lack of available funds, with such

reimbursement available only for documented costs directly

applicable to the preparation of the plan of action as determined

by the Secretary, and shall be made available on terms and conditions to be established by the Secretary: Provided further, That,

notwithstanding any other provision of law, effective October 1,

1996, the Secretary shall suspend further processing of preservation

applications which do not have approved plans of action. Of the total amount provided under this head, $780,190,000

shall be for capital advances, including amendments to capital

advance contracts, for housing for the elderly, as authorized by

section 202 of the Housing Act of 1959, as amended, and for project

rental assistance, and amendments to contracts for project rental

assistance, for supportive housing for the elderly under section

202(c)(2) of the Housing Act of 1959; and $233,168,000 shall be

for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as

authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act; and for project rental assistance, and amendments to contracts for project rental assistance, for supportive

housing for persons with disabilities as authorized by section 811

of the Cranston-Gonzalez National Affordable Housing Act: Provided, That the Secretary may designate up to 25 percent of the

amounts earmarked under this paragraph for section 811 of the

Cranston-Gonzalez National Affordable Housing Act for tenantbased assistance, as authorized under that section, which assistance

is five-years in duration: Provided further, That the Secretary may

waive any provision of section 202 of the Housing Act of 1959

and section 811 of the National Affordable Housing Act (including

the provisions governing the terms and conditions of project rental

assistance) that the Secretary determines is not necessary to achieve

the objectives of these programs, or that otherwise impedes the

ability to develop, operate or administer projects assisted under

these programs, and may make provision for alternative conditions

or terms where appropriate.

Of the total amount provided under this heading, and in addition to funds otherwise earmarked in the previous paragraph, for

section 202 of the Housing Act of 1959 and section 811 of the

Cranston-Gonzalez National Affordable Housing Act, $75,000,000:

Provided, That $50,000,000 of such sum shall be available for

purposes authorized by section 202 of the Housing Act of 1959,

and $25,000,000 shall be available for purposes authorized by section 811 of the Cranston-Gonzalez National Affordable Housing

Act: Provided further, That such additional sums shall be available

only to provide for rental subsidy terms of a longer duration than

would otherwise be permitted by this Act.

PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

REPLACEMENT HOUSING GRANTS

For grants to public housing agencies for the purposes of

enabling the demolition of obsolete public housing projects or portions thereof, the revitalization (where appropriate) of sites (including remaining public housing units) on which such projects are

located, replacement housing which will avoid or lessen concentrations of very low-income families, and tenant-based assistance in

accordance with section 8 of the United States Housing Act of

1937 for the purpose of providing replacement housing and assisting

Effective date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–270

tenants to be displaced by the demolition, $480,000,000, to remain

available until expended: Provided, That the Secretary of Housing

and Urban Development shall award such funds to public housing

agencies based upon, among other relevant criteria, the local and

national impact of the proposed demolition and revitalization activities and the extent to which the public housing agency could undertake such activities without the additional assistance to be provided

hereunder: Provided further, That eligible expenditures hereunder

shall be those expenditures eligible under section 8 and section

14 of the United States Housing Act of 1937 (42 U.S.C. 1437f

and l): Provided further, That the Secretary may impose such conditions and requirements as the Secretary deems appropriate to effectuate the purposes of this paragraph: Provided further, That the

Secretary may require an agency selected to receive funding to

make arrangements satisfactory to the Secretary for use of an

entity other than the agency to carry out this program where

the Secretary determines that such action will help to effectuate

the purpose of this paragraph: Provided further, That in the event

an agency selected to receive funding does not proceed expeditiously

as determined by the Secretary, the Secretary shall withdraw any

funding made available pursuant to this paragraph that has not

been obligated by the agency and distribute such funds to one

or more other eligible agencies, or to other entities capable of

proceeding expeditiously in the same locality with the original program: Provided further, That of the foregoing $480,000,000, the

Secretary may use up to .67 per centum for technical assistance,

to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel

for participants in such training, by or to officials and employees

of the Department and of public housing agencies and to residents:

Provided further, That any replacement housing provided with

assistance under this head shall be subject to section 18(f) of the

United States Housing Act of 1937, as amended by section 201(b)(2)

of this Act.

FLEXIBLE SUBSIDY FUND

(INCLUDING TRANSFER OF FUNDS)

From the fund established by section 236(g) of the National

Housing Act, as amended, all uncommitted balances of excess rental

charges as of September 30, 1995, and any collections during fiscal

year 1996 shall be transferred, as authorized under such section,

to the fund authorized under section 201(j) of the Housing and

Community Development Amendments of 1978, as amended.

RENTAL HOUSING ASSISTANCE

(RESCISSION)

The limitation otherwise applicable to the maximum payments

that may be required in any fiscal year by all contracts entered

into under section 236 of the National Housing Act (12 U.S.C.

1715z–1) is reduced in fiscal year 1996 by not more than $2,000,000

in uncommitted balances of authorizations provided for this purpose

in appropriations Acts: Provided, That up to $163,000,000 of recaptured section 236 budget authority resulting from the prepayment

of mortgages subsidized under section 236 of the National Housing

Act (12 U.S.C. 1715z–1) shall be rescinded in fiscal year 1996.
110 STAT. 1321–271 PUBLIC LAW 104–134—APR. 26, 1996

PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS

For payments to public housing agencies and Indian housing

authorities for operating subsidies for low-income housing projects

as authorized by section 9 of the United States Housing Act of

1937, as amended (42 U.S.C. 1437g), $2,800,000,000.

DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

For grants to public and Indian housing agencies for use in

eliminating crime in public housing projects authorized by 42 U.S.C.

11901–11908, for grants for federally assisted low-income housing

authorized by 42 U.S.C. 11909, and for drug information clearinghouse services authorized by 42 U.S.C. 11921–11925, $290,000,000,

to remain available until expended, of which $10,000,000 shall

be for grants, technical assistance, contracts and other assistance

training, program assessment, and execution for or on behalf of

public housing agencies and resident organizations (including the

cost of necessary travel for participants in such training) and of

which $2,500,000 shall be used in connection with efforts to combat

violent crime in public and assisted housing under the Operation

Safe Home program administered by the Inspector General of the

Department of Housing and Urban Development: Provided, That

the term ‘‘drug-related crime’’, as defined in 42 U.S.C. 11905(2),

shall also include other types of crime as determined by the Secretary: Provided further, That notwithstanding section 5130(c) of

the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Secretary

may determine not to use any such funds to provide public housing

youth sports grants.

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act (Public Law 101–625), as amended, $1,400,000,000, to remain

available until expended.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, $3,000,000, as authorized

by section 184 of the Housing and Community Development Act

of 1992 (106 Stat. 3739): Provided, That such costs, including the

costs of modifying such loans, shall be as defined in section 502

of the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed

$36,900,000.

HOMELESS ASSISTANCE

HOMELESS ASSISTANCE GRANTS

For the emergency shelter grants program (as authorized under

subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended); the supportive housing

program (as authorized under subtitle C of title IV of such Act);

the section 8 moderate rehabilitation single room occupancy program (as authorized under the United States Housing Act of 1937,

as amended) to assist homeless individuals pursuant to section

441 of the Stewart B. McKinney Homeless Assistance Act; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–272

the shelter plus care program (as authorized under subtitle F of

title IV of such Act), $823,000,000, to remain available until

expended.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

For grants to States and units of general local government

and for related expenses, not otherwise provided for, necessary

for carrying out a community development grants program as

authorized by title I of the Housing and Community Development

Act of 1974, as amended (42 U.S.C. 5301), $4,600,000,000, to remain

available until September 30, 1998: Provided, That $50,000,000

shall be available for grants to Indian tribes pursuant to section

106(a)(1) of the Housing and Community Development Act of 1974,

as amended (42 U.S.C. 5301), $2,000,000 shall be available as

a grant to the Housing Assistance Council, $1,000,000 shall be

available as a grant to the National American Indian Housing

Council, and $27,000,000 shall be available for ‘‘special purpose

grants’’ pursuant to section 107 of such Act: Provided further,

That not to exceed 20 per centum of any grant made with funds

appropriated herein (other than a grant made available under the

preceding proviso to the Housing Assistance Council or the National

American Indian Housing Council, or a grant using funds under

section 107(b)(3) of the Housing and Community Development Act

of 1974) shall be expended for ‘‘Planning and Management Development’’ and ‘‘Administration’’ as defined in regulations promulgated

by the Department of Housing and Urban Development: Provided

further, That section 105(a)(25) of such Act, as added by section

907(b)(1) of the Cranston-Gonzalez National Affordable Housing

Act, shall continue to be effective after September 30, 1995, notwithstanding section 907(b)(2) of such Act: Provided further, That section

916 of the Cranston-Gonzalez National Affordable Housing Act shall

apply with respect to fiscal year 1996, notwithstanding section

916(f) of that Act.

Of the amount provided under this heading, the Secretary of Housing and Urban Development may use up to $53,000,000

for grants to public housing agencies (including Indian housing

authorities), nonprofit corporations, and other appropriate entities

for a supportive services program to assist residents of public and

assisted housing, former residents of such housing receiving tenantbased assistance under section 8 of such Act (42 U.S.C. 1437f),

and other low-income families and individuals to become self-sufficient: Provided, That the program shall provide supportive services,

principally for the benefit of public housing residents, to the elderly

and the disabled, and to families with children where the head

of the household would benefit from the receipt of supportive services and is working, seeking work, or is preparing for work by

participating in job training or educational programs: Provided

further, That the supportive services shall include congregate services for the elderly and disabled, service coordinators, and coordinated educational, training, and other supportive services, including

academic skills training, job search assistance, assistance related

to retaining employment, vocational and entrepreneurship development and support programs, transportation, and child care: Provided further, That the Secretary shall require applicants to demApplicability.

42 USC 5306

note.

42 USC 5305

note.
110 STAT. 1321–273 PUBLIC LAW 104–134—APR. 26, 1996

onstrate firm commitments of funding or services from other

sources: Provided further, That the Secretary shall select public

and Indian housing agencies to receive assistance under this head

on a competitive basis, taking into account the quality of the proposed program (including any innovative approaches), the extent

of the proposed coordination of supportive services, the extent of

commitments of funding or services from other sources, the extent

to which the proposed program includes reasonably achievable,

quantifiable goals for measuring performance under the program

over a three-year period, the extent of success an agency has had

in carrying out other comparable initiatives, and other appropriate

criteria established by the Secretary.

Of the amount made available under this heading, notwithstanding any other provision of law, $12,000,000 shall be available

for contracts, grants, and other assistance, other than loans, not

otherwise provided for, for providing counseling and advice to tenants and homeowners both current and prospective, with respect

to property maintenance, financial management, and such other

matters as may be appropriate to assist them in improving their

housing conditions and meeting the responsibilities of tenancy or

homeownership, including provisions for training and for support

of voluntary agencies and services as authorized by section 106

of the Housing and Urban Development Act of 1968, as amended,

notwithstanding section 106(c)(9) and section 106(d)(13) of such

Act.

Of the amount made available under this heading, notwithstanding any other provision of law, $15,000,000 shall be available

for the tenant opportunity program.

Of the amount made available under this heading, notwithstanding any other provision of law, $20,000,000 shall be available

for youthbuild program activities authorized by subtitle D of title

IV of the Cranston-Gonzalez National Affordable Housing Act, as

amended, and such activities shall be an eligible activity with

respect to any funds made available under this heading.

Of the amount made available under this heading, notwithstanding any other provision of law, $50,000,000 shall be available

for Economic Development Initiative grants as authorized by section

232 of the Multifamily Housing Property Disposition Reform Act

of 1994, Public Law 103–233, on a competitive basis as required

by section 102 of the HUD Reform Act.

For the cost of guaranteed loans, $31,750,000, as authorized

by section 108 of the Housing and Community Development Act

of 1974: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $1,500,000,000: Provided

further, That the Secretary of Housing and Urban Development

may make guarantees not to exceed the immediately foregoing

amount notwithstanding the aggregate limitation on guarantees

set forth in section 108(k) of the Housing and Community Development Act of 1974. In addition, for administrative expenses to carry

out the guaranteed loan program, $675,000 which shall be transferred to and merged with the appropriation for departmental salaries and expenses.

The amount made available for fiscal year 1995 for a special

purpose grant for the renovation of the central terminal in Buffalo,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–274

New York, shall be made available for the central terminal and

for other public facilities in Buffalo, New York.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–

1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$34,000,000, to remain available until September 30, 1997.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and for contracts with qualified fair housing enforcement organizations, as authorized by section 561 of the Housing and Community

Development Act of 1987, as amended by the Housing and Community Development Act of 1992, $30,000,000, to remain available

until September 30, 1997.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary administrative and nonadministrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $7,000 for official reception and representation expenses, $962,558,000, of which

$532,782,000 shall be provided from the various funds of the Federal

Housing Administration, and $9,101,000 shall be provided from

funds of the Government National Mortgage Association, and

$675,000 shall be provided from the Community Development

Grants Program account.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in

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

as amended, $47,850,000, of which $11,283,000 shall be transferred

from the various funds of the Federal Housing Administration.
110 STAT. 1321–275 PUBLIC LAW 104–134—APR. 26, 1996

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992, $14,895,000, to remain available

until expended, from the Federal Housing Enterprise Oversight

Fund: Provided, That such amounts shall be collected by the Director as authorized by section 1316 (a) and (b) of such Act, and

deposited in the Fund under section 1316(f) of such Act.

FEDERAL HOUSING ADMINISTRATION

FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 1996, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

Act, as amended, shall not exceed a loan principal of

$110,000,000,000: Provided, That during fiscal year 1996, the Secretary shall sell assigned mortgage notes having an unpaid principal

balance of up to $4,000,000,000, which notes were originally insured

under section 203(b) of the National Housing Act: Provided further,

That the Secretary may use any negative subsidy amounts from

the sale of such assigned mortgage notes during fiscal year 1996

for the disposition of properties or notes under this heading.

During fiscal year 1996, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $200,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under section

203 of such Act.

For administrative expenses necessary to carry out the guaranteed and direct loan program, $341,595,000, to be derived from

the FHA-mutual mortgage insurance guaranteed loans receipt

account, of which not to exceed $334,483,000 shall be transferred

to the appropriation for departmental salaries and expenses; and

of which not to exceed $7,112,000 shall be transferred to the appropriation for the Office of Inspector General.

FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of modifying such loans, $85,000,000,

to remain available until expended: Provided, That such costs shall

be as defined in section 502 of the Congressional Budget Act of

1974, as amended: Provided further, That these funds are available

to subsidize total loan principal any part of which is to be guaranteed of not to exceed $17,400,000,000: Provided further, That during

fiscal year 1996, the Secretary shall sell assigned notes having

an unpaid principal balance of up to $4,000,000,000, which notes

were originally obligations of the funds established under sections
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–276

238 and 519 of the National Housing Act: Provided further, That

the Secretary may use any negative subsidy amounts, to remain

available until expended, from the sale of such assigned mortgage

notes, in addition to amounts otherwise provided, for the disposition

of properties or notes under this heading (including the credit

subsidy for the guarantee of loans or the reduction of positive

credit subsidy amounts that would otherwise be required for the

sale of such properties or notes), and for any other purpose under

this heading: Provided further, That any amounts made available

in any prior appropriation Act for the cost (as such term is defined

in section 502 of the Congressional Budget Act of 1974) of guaranteed loans that are obligations of the funds established under section

238 or 519 of the National Housing Act that have not been obligated

or that are deobligated shall be available to the Secretary of Housing

and Urban Development in connection with the making of such

guarantees and shall remain available until expended, notwithstanding the expiration of any period of availability otherwise

applicable to such amounts.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238(a), and 519(a) of the

National Housing Act, shall not exceed $120,000,000; of which

not to exceed $100,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the

Secretary and formerly insured under such Act; and of which not

to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real

properties owned by the Secretary and formerly insured under

such Act.

In addition, for administrative expenses necessary to carry

out the guaranteed and direct loan programs, $202,470,000, of

which $198,299,000 shall be transferred to the appropriation for

departmental salaries and expenses; and of which $4,171,000 shall

be transferred to the appropriation for the Office of Inspector

General.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDES TRANSFER OF FUNDS)

During fiscal year 1996, new commitments to issue guarantees

to carry out the purposes of section 306 of the National Housing

Act, as amended (12 U.S.C. 1721(g)), shall not exceed

$110,000,000,000.

For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $9,101,000, to be derived

from the GNMA—guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $9,101,000 shall

be transferred to the appropriation for departmental salaries and

expenses.
110 STAT. 1321–277 PUBLIC LAW 104–134—APR. 26, 1996

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

EXTEND ADMINISTRATIVE PROVISIONS FROM THE RESCISSION ACT

SEC. 201. (a) PUBLIC AND INDIAN HOUSING MODERNIZATION.—

(1) EXPANSION OF USE OF MODERNIZATION FUNDING.—Subsection 14(q) of the United States Housing Act of 1937 is

amended to read as follows:

‘‘(q)(1) In addition to the purposes enumerated in subsections

(a) and (b), a public housing agency may use modernization assistance provided under section 14, and development assistance provided under section 5(a) that was not allocated, as determined

by the Secretary, for priority replacement housing, for any eligible

activity authorized by this section, by section 5, or by applicable

Appropriations Acts for a public housing agency, including the

demolition, rehabilitation, revitalization, and replacement of existing units and projects and, for up to 10 percent of its allocation

of such funds in any fiscal year, for any operating subsidy purpose

authorized in section 9. Except for assistance used for operating

subsidy purposes under the preceding sentence, assistance provided

to a public housing agency under this section shall principally

be used for the physical improvement, replacement of public housing, other capital purposes, and for associated management

improvements, and such other extraordinary purposes as may be

approved by the Secretary. Low-income and very low-income units

assisted under this paragraph shall be eligible for operating subsidies, unless the Secretary determines that such units or projects

do not meet other requirements of this Act.

‘‘(2) A public housing agency may provide assistance to developments that include units, other than units assisted under this

Act (except for units assisted under section 8 hereof) (‘mixed income

developments’), in the form of a grant, loan, operating assistance,

or other form of investment which may be made to—

‘‘(A) a partnership, a limited liability company, or other

legal entity in which the public housing agency or its affiliate

is a general partner, managing member, or otherwise participates in the activities of such entity; or

‘‘(B) any entity which grants to the public housing agency

the option to purchase the development within 20 years after

initial occupancy in accordance with section 42(i)(7) of the

Internal Revenue Code of 1986, as amended.

‘‘Units shall be made available in such developments for

periods of not less than 20 years, by master contract or by

individual lease, for occupancy by low-income and very lowincome families referred from time to time by the public housing

agency. The number of such units shall be:

‘‘(i) in the same proportion to the total number of

units in such development that the total financial commitment provided by the public housing agency bears to the

value of the total financial commitment in the development,

or

‘‘(ii) not be less than the number of units that could

have been developed under the conventional public housing

program with the assistance involved, or

‘‘(iii) as may otherwise be approved by the Secretary.

42 USC 1437l.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–278

‘‘(3) A mixed income development may elect to have all units

subject only to the applicable local real estate taxes, notwithstanding that the low-income units assisted by public housing funds

would otherwise be subject to section 6(d) of the Housing Act

of 1937.

‘‘(4) If an entity that owns or operates a mixed-income project

under this subsection enters into a contract with a public housing

agency, the terms of which obligate the entity to operate and

maintain a specified number of units in the project as public housing

units in accordance with the requirements of this Act for the period

required by law, such contractual terms may provide that, if, as

a result of a reduction in appropriations under section 9, or any

other change in applicable law, the public housing agency is unable

to fulfill its contractual obligations with respect to those public

housing units, that entity may deviate, under procedures and

requirements developed through regulations by the Secretary, from

otherwise applicable restrictions under this Act regarding rents,

income eligibility, and other areas of public housing management

with respect to a portion or all of those public housing units,

to the extent necessary to preserve the viability of those units

while maintaining the low-income character of the units, to the

maximum extent practicable.’’.

(2) APPLICABILITY.—Section 14(q) of the United States

Housing Act of 1937, as amended by subsection (a) of this

section, shall be effective only with respect to assistance provided from funds made available for fiscal year 1996 or any

preceding fiscal year.

(3) APPLICABILITY TO IHAS.—In accordance with section

201(b)(2) of the United States Housing Act of 1937, the amendment made by this subsection shall apply to public housing

developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.

(b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND INDIAN

HOUSING.—

(1) EXTENDED AUTHORITY.—Section 1002(d) of Public Law

104–19 is amended to read as follows:

‘‘(d) Subsections (a), (b), and (c) shall be effective for applications

for the demolition, disposition, or conversion to homeownership

of public housing approved by the Secretary, and other consolidation

and relocation activities of public housing agencies undertaken,

on, before, or after September 30, 1995 and before September 30,

1996.’’.

(2) Section 18(f) of the United States Housing Act of 1937

is amended by adding at the end the following new sentence:

‘‘No one may rely on the preceding sentence as the basis for

reconsidering a final order of a court issued, or a settlement

approved, by a court.’’.

(3) APPLICABILITY.—In accordance with section 201(b)(2)

of the United States Housing Act of 1937, the amendments

made by this subsection and by sections 1002 (a), (b), and

(c) of Public Law 104–19 shall apply to public housing developed

or operated pursuant to a contract between the Secretary of

Housing and Urban Development and an Indian housing

authority.

42 USC 1437aa

note.

42 USC 1437p.

42 USC 1437c

note.

42 USC 1437aa

note.

42 USC 1437l

note.
110 STAT. 1321–279 PUBLIC LAW 104–134—APR. 26, 1996

CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS

SEC. 202. (a) IDENTIFICATION OF UNITS.—Each public housing

agency shall identify any public housing developments—

(1) that are on the same or contiguous sites;

(2) that total more than 300 dwelling units;

(3) that have a vacancy rate of at least 10 percent for

dwelling units not in funded, on-schedule modernization programs;

(4) identified as distressed housing that the public housing

agency cannot assure the long-term viability as public housing

through reasonable revitalization, density reduction, or achievement of a broader range of household income; and

(5) for which the estimated cost of continued operation

and modernization of the developments as public housing

exceeds the cost of providing tenant-based assistance under

section 8 of the United States Housing Act of 1937 for all

families in occupancy, based on appropriate indicators of cost

(such as the percentage of total development cost required

for modernization).

(b) IMPLEMENTATION AND ENFORCEMENT.—

(1) STANDARDS FOR IMPLEMENTATION.—The Secretary shall

establish standards to permit implementation of this section

in fiscal year 1996.

(2) CONSULTATION.—Each public housing agency shall consult with the applicable public housing tenants and the unit

of general local government in identifying any public housing

developments under subsection (a).

(3) FAILURE OF PHAS TO COMPLY WITH SUBSECTION (a).—

Where the Secretary determines that—

(A) a public housing agency has failed under subsection

(a) to identify public housing developments for removal

from the inventory of the agency in a timely manner;

(B) a public housing agency has failed to identify one

or more public housing developments which the Secretary

determines should have been identified under subsection

(a); or

(C) one or more of the developments identified by the

public housing agency pursuant to subsection (a) should

not, in the determination of the Secretary, have been identified under that subsection;

the Secretary may designate the developments to be removed

from the inventory of the public housing agency pursuant to

this section.

(c) REMOVAL OF UNITS FROM THE INVENTORIES OF PUBLIC HOUSING AGENCIES.—

(1) Each public housing agency shall develop and carry

out a plan in conjunction with the Secretary for the removal

of public housing units identified under subsection (a) or subsection (b)(3), over a period of up to five years, from the inventory of the public housing agency and the annual contributions

contract. The plan shall be approved by the relevant local

official as not inconsistent with the Comprehensive Housing

Affordability Strategy under title I of the Housing and Community Development Act of 1992, including a description of any

disposition and demolition plan for the public housing units.

42 USC 1437l

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–280

(2) The Secretary may extend the deadline in paragraph

(1) for up to an additional five years where the Secretary

makes a determination that the deadline is impracticable.

(3) The Secretary shall take appropriate actions to ensure

removal of developments identified under subsection (a) or subsection (b)(3) from the inventory of a public housing agency,

if the public housing agency fails to adequately develop a plan

under paragraph (1), or fails to adequately implement such

plan in accordance with the terms of the plan.

(4) To the extent approved in appropriations Acts, the

Secretary may establish requirements and provide funding

under the Urban Revitalization Demonstration program for

demolition and disposition of public housing under this section.

(5) Notwithstanding any other provision of law, if a development is removed from the inventory of a public housing agency

and the annual contributions contract pursuant to paragraph

(1), the Secretary may authorize or direct the transfer of—

(A) in the case of an agency receiving assistance under

the comprehensive improvement assistance program, any

amounts obligated by the Secretary for the modernization

of such development pursuant to section 14 of the United

States Housing Act of 1937;

(B) in the case of an agency receiving public and Indian

housing modernization assistance by formula pursuant to

section 14 of the United States Housing Act of 1937, any

amounts provided to the agency which are attributable

pursuant to the formula for allocating such assistance to

the development removed from the inventory of that

agency; and

(C) in the case of an agency receiving assistance for

the major reconstruction of obsolete projects, any amounts

obligated by the Secretary for the major reconstruction

of the development pursuant to section 5 of such Act,

to the tenant-based assistance program or appropriate site

revitalization of such agency.

(6) CESSATION OF UNNECESSARY SPENDING.—Notwithstanding any other provision of law, if, in the determination of

the Secretary, a development meets or is likely to meet the

criteria set forth in subsection (a), the Secretary may direct

the public housing agency to cease additional spending in

connection with the development, except to the extent that

additional spending is necessary to ensure decent, safe, and

sanitary housing until the Secretary determines or approves

an appropriate course of action with respect to such development under this section.

(d) CONVERSION TO TENANT-BASED ASSISTANCE.—

(1) The Secretary shall make authority available to a public

housing agency to provide tenant-based assistance pursuant

to section 8 to families residing in any development that is

removed from the inventory of the public housing agency and

the annual contributions contract pursuant to subsection (b).

(2) Each conversion plan under subsection (c) shall—

(A) require the agency to notify families residing in

the development, consistent with any guidelines issued by

the Secretary governing such notifications, that the development shall be removed from the inventory of the public

housing agency and the families shall receive tenant-based
110 STAT. 1321–281 PUBLIC LAW 104–134—APR. 26, 1996

or project-based assistance, and to provide any necessary

counseling for families; and

(B) ensure that all tenants affected by a determination

under this section that a development shall be removed

from the inventory of a public housing agency shall be

offered tenant-based or project-based assistance and shall

be relocated, as necessary, to other decent, safe, sanitary,

and affordable housing which is, to the maximum extent

practicable, housing of their choice.

(e) IN GENERAL.— (1) The Secretary may require a public housing agency

to provide such information as the Secretary considers necessary for the administration of this section.

(2) As used in this section, the term ‘‘development’’ shall

refer to a project or projects, or to portions of a project or

projects, as appropriate.

(3) Section 18 of the United States Housing Act of 1937

shall not apply to the demolition of developments removed

from the inventory of the public housing agency under this

section.

STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE

SEC. 203. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section 8(t) of the United

States Housing Act of 1937 is hereby repealed.

(b) EXEMPTION FROM NOTICE REQUIREMENTS FOR THE CERTIFI- CATE AND VOUCHER PROGRAMS.—Section 8(c) of such Act is

amended—

(1) in paragraph (8), by inserting after ‘‘section’’ the following: ‘‘(other than a contract for assistance under the certificate

or voucher program)’’; and

(2) in the first sentence of paragraph (9), by striking ‘‘(but

not less than 90 days in the case of housing certificates or

vouchers under subsection (b) or (o))’’ and inserting ‘‘, other

than a contract under the certificate or voucher program’’.

(c) ENDLESS LEASE.—Section 8(d)(1)(B) of such Act is

amended—

(1) in clause (ii), by inserting ‘‘during the term of the

lease,’’ after ‘‘(ii)’’; and

(2) in clause (iii), by striking ‘‘provide that’’ and inserting

‘‘during the term of the lease,’’.

(d) APPLICABILITY.—The provisions of this section shall be effective for fiscal year 1996 only.

PUBLIC HOUSING/SECTION 8 MOVING TO WORK DEMONSTRATION

SEC. 204. (a) PURPOSE.—The purpose of this demonstration

is to give public housing agencies and the Secretary of Housing

and Urban Development the flexibility to design and test various

approaches for providing and administering housing assistance that:

reduce cost and achieve greater cost effectiveness in Federal

expenditures; give incentives to families with children where the

head of household is working, seeking work, or is preparing for

work by participating in job training, educational programs, or

programs that assist people to obtain employment and become

economically self-sufficient; and increase housing choices for lowincome families.

(b) PROGRAM AUTHORITY.—The Secretary of Housing and Urban

Development shall conduct a demonstration program under this

42 USC 1437f.

42 USC 1437f

note.

42 USC 1437f.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–282

section beginning in fiscal year 1996 under which up to 30 public

housing agencies (including Indian housing authorities) administering the public or Indian housing program and the section 8 housing

assistance payments program may be selected by the Secretary

to participate. The Secretary shall provide training and technical

assistance during the demonstration and conduct detailed evaluations of up to 15 such agencies in an effort to identify replicable

program models promoting the purpose of the demonstration. Under

the demonstration, notwithstanding any provision of the United

States Housing Act of 1937 except as provided in subsection (e),

an agency may combine operating assistance provided under section

9 of the United States Housing Act of 1937, modernization assistance provided under section 14 of such Act, and assistance provided

under section 8 of such Act for the certificate and voucher programs,

to provide housing assistance for low-income families, as defined

in section 3(b)(2) of the United States Housing Act of 1937, and

services to facilitate the transition to work on such terms and

conditions as the agency may propose and the Secretary may

approve.

(c) APPLICATION.—An application to participate in the demonstration—

(1) shall request authority to combine assistance under

sections 8, 9, and 14 of the United States Housing Act of

1937;

(2) shall be submitted only after the public housing agency

provides for citizen participation through a public hearing and,

if appropriate, other means;

(3) shall include a plan developed by the agency that takes

into account comments from the public hearing and any other

public comments on the proposed program, and comments from

current and prospective residents who would be affected, and

that includes criteria for—

(A) families to be assisted, which shall require that

at least 75 percent of the families assisted by participating

demonstration public housing authorities shall be very lowincome families, as defined in section 3(b)(2) of the United

States Housing Act of 1937;

(B) establishing a reasonable rent policy, which shall

be designed to encourage employment and self-sufficiency

by participating families, consistent with the purpose of

this demonstration, such as by excluding some or all of

a family’s earned income for purposes of determining rent;

(C) continuing to assist substantially the same total

number of eligible low-income families as would have been

served had the amounts not been combined;

(D) maintaining a comparable mix of families (by family size) as would have been provided had the amounts

not been used under the demonstration; and

(E) assuring that housing assisted under the demonstration program meets housing quality standards established or approved by the Secretary; and

(4) may request assistance for training and technical assistance to assist with design of the demonstration and to participate in a detailed evaluation.

(d) SELECTION.—In selecting among applications, the Secretary

shall take into account the potential of each agency to plan and

carry out a program under the demonstration, the relative perform-
110 STAT. 1321–283 PUBLIC LAW 104–134—APR. 26, 1996

ance by an agency under the public housing management assessment program under section 6(j) of the United States Housing

Act of 1937, and other appropriate factors as determined by the

Secretary.

(e) APPLICABILITY OF 1937 ACT PROVISIONS.—

(1) Section 18 of the United States Housing Act of 1937

shall continue to apply to public housing notwithstanding any

use of the housing under this demonstration.

(2) Section 12 of such Act shall apply to housing assisted

under the demonstration, other than housing assisted solely

due to occupancy by families receiving tenant-based assistance.

(f) EFFECT ON SECTION 8, OPERATING SUBSIDIES, AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—The amount of assistance received under section 8, section 9, or pursuant to section

14 by a public housing agency participating in the demonstration

under this part shall not be diminished by its participation.

(g) RECORDS, REPORTS, AND AUDITS.—

(1) KEEPING OF RECORDS.—Each agency shall keep such

records as the Secretary may prescribe as reasonably necessary

to disclose the amounts and the disposition of amounts under

this demonstration, to ensure compliance with the requirements

of this section, and to measure performance.

(2) REPORTS.—Each agency shall submit to the Secretary

a report, or series of reports, in a form and at a time specified

by the Secretary. Each report shall—

(A) document the use of funds made available under

this section;

(B) provide such data as the Secretary may request

to assist the Secretary in assessing the demonstration;

and

(C) describe and analyze the effect of assisted activities

in addressing the objectives of this part.

(3) ACCESS TO DOCUMENTS BY THE SECRETARY.—The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are

pertinent to assistance in connection with, and the requirements of, this section.

(4) ACCESS TO DOCUMENTS BY THE COMPTROLLER GENERAL.—The Comptroller General of the United States, or any

of the duly authorized representatives of the Comptroller General, shall have access for the purpose of audit and examination

to any books, documents, papers, and records that are pertinent

to assistance in connection with, and the requirements of, this

section.

(h) EVALUATION AND REPORT.—

(1) CONSULTATION WITH PHA AND FAMILY REPRESENTATIVES.—In making assessments throughout the demonstration,

the Secretary shall consult with representatives of public housing agencies and residents.

(2) REPORT TO CONGRESS.—Not later than 180 days after

the end of the third year of the demonstration, the Secretary

shall submit to the Congress a report evaluating the programs

carried out under the demonstration. The report shall also

include findings and recommendations for any appropriate

legislative action.

(i) FUNDING FOR TECHNICAL ASSISTANCE AND EVALUATION.—

From amounts appropriated for assistance under section 14 of the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–284

United States Housing Act of 1937 for fiscal years 1996, 1997,

and 1998, the Secretary may use up to a total of $5,000,000—

(1) to provide, directly or by contract, training and technical

assistance—

(A) to public housing agencies that express an interest

to apply for training and technical assistance pursuant

to subsection (c)(4), to assist them in designing programs

to be proposed for the demonstration; and

(B) to up to 10 agencies selected to receive training

and technical assistance pursuant to subsection (c)(4), to

assist them in implementing the approved program; and

(2) to conduct detailed evaluations of the activities of the

public housing agencies under paragraph (1)(B), directly or

by contract.

EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAM

SEC. 205. (a) The first sentence of section 542(b)(5) of the

Housing and Community Development Act of 1992 (12 U.S.C. 1707

note) is amended by striking ‘‘on not more than 15,000 units over

fiscal years 1993 and 1994’’ and inserting ‘‘on not more than 7,500

units during fiscal year 1996’’.

(b) The first sentence of section 542(c)(4) of the Housing and

Community Development Act of 1992 (12 U.S.C. 1707 note) is

amended by striking ‘‘on not to exceed 30,000 units over fiscal

years 1993, 1994, and 1995’’ and inserting ‘‘on not more than

12,000 units during fiscal year 1996’’.

FORECLOSURE OF HUD-HELD MORTGAGES THROUGH THIRD PARTIES

SEC. 206. During fiscal year 1996, the Secretary of Housing

and Urban Development may delegate to one or more entities

the authority to carry out some or all of the functions and responsibilities of the Secretary in connection with the foreclosure of

mortgages held by the Secretary under the National Housing Act.

RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE PORTFOLIO

THROUGH STATE HOUSING FINANCE AGENCIES

SEC. 207. During fiscal year 1996, the Secretary of Housing

and Urban Development may sell or otherwise transfer multifamily

mortgages held by the Secretary under the National Housing Act

to a State housing finance agency in connection with a program

authorized under section 542 (b) or (c) of the Housing and Community Development Act of 1992 without regard to the unit limitations

in section 542(b)(5) or 542(c)(4) of such Act.

TRANSFER OF SECTION 8 AUTHORITY

SEC. 208. Section 8 of the United States Housing Act of 1937

is amended by adding the following new subsection at the end:

‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an assistance contract under this section, other than a contract for tenant-based

assistance, is terminated or is not renewed, or if the contract

expires, the Secretary shall, in order to provide continued assistance

to eligible families, including eligible families receiving the benefit

of the project-based assistance at the time of the termination,

transfer any budget authority remaining in the contract to another

42 USC 1437f.
110 STAT. 1321–285 PUBLIC LAW 104–134—APR. 26, 1996

contract. The transfer shall be under such terms as the Secretary

may prescribe.’’.

DOCUMENTATION OF MULTIFAMILY REFINANCINGS

SEC. 209. Notwithstanding the 16th paragraph under the item

relating to ‘‘administrative provisions’’ in title II of the Departments

of Veterans Affairs and Housing and Urban Development, and

Independent Agencies Appropriations Act, 1995 (Public Law 103–

327; 108 Stat. 2316), the amendments to section 223(a)(7) of the

National Housing Act made by the 15th paragraph of such Act

shall be effective during fiscal year 1996 and thereafter.

FHA MULTIFAMILY DEMONSTRATION AUTHORITY

SEC. 210. (a) On and after October 1, 1995, and before October

1, 1997, the Secretary of Housing and Urban Development shall

initiate a demonstration program with respect to multifamily

projects whose owners agree to participate and whose mortgages

are insured under the National Housing Act and that are assisted

under section 8 of the United States Housing Act of 1937 and

whose present section 8 rents are, in the aggregate, in excess

of the fair market rent of the locality in which the project is

located. These programs shall be designed to test the feasibility

and desirability of the goal of ensuring, to the maximum extent

practicable, that the debt service and operating expenses, including

adequate reserves, attributable to such multifamily projects can

be supported with or without mortgage insurance under the

National Housing Act and with or without above-market rents

and utilizing project-based assistance or, with the consent of the

property owner, tenant-based assistance, while taking into account

the need for assistance of low- and very low-income families in

such projects. In carrying out this demonstration, the Secretary

may use arrangements with third parties, under which the Secretary may provide for the assumption by the third parties (by

delegation, contract, or otherwise) of some or all of the functions,

obligations, and benefits of the Secretary.

(1) GOALS.—The Secretary of Housing and Urban Development shall carry out the demonstration programs under this

section in a manner that—

(A) will protect the financial interests of the Federal

Government;

(B) will result in significant discretionary cost savings

through debt restructuring and subsidy reduction; and

(C) will, in the least costly fashion, address the goals

of—

(i) maintaining existing housing stock in a decent,

safe, and sanitary condition;

(ii) minimizing the involuntary displacement of

tenants;

(iii) restructuring the mortgages of such projects

in a manner that is consistent with local housing market conditions;

(iv) supporting fair housing strategies;

(v) minimizing any adverse income tax impact on

property owners; and

(vi) minimizing any adverse impact on residential

neighborhoods.

42 USC 1437f.

Effective date.

12 USC 1715n.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–286

In determining the manner in which a mortgage is to be restructured or the subsidy reduced, the Secretary may balance

competing goals relating to individual projects in a manner

that will further the purposes of this section.

(2) DEMONSTRATION APPROACHES.—In carrying out the

demonstration programs, subject to the appropriation in subsection (f), the Secretary may use one or more of the following

approaches:

(A) Joint venture arrangements with third parties,

under which the Secretary may provide for the assumption

by the third parties (by delegation, contract, or otherwise)

of some or all of the functions, obligations, and benefits

of the Secretary.

(B) Subsidization of the debt service of the project

to a level that can be paid by an owner receiving an

unsubsidized market rent.

(C) Renewal of existing project-based assistance contracts where the Secretary shall approve proposed initial

rent levels that do not exceed the greater of 120 percent

of fair market rents or comparable market rents for the

relevant metropolitan market area or at rent levels under

a budget-based approach.

(D) Nonrenewal of expiring existing project-based

assistance contracts and providing tenant-based assistance

to previously assisted households.

(b) For purposes of carrying out demonstration programs under

subsection (a)—

(1) the Secretary may manage and dispose of multifamily

properties owned by the Secretary as of October 1, 1995 and

multifamily mortgages held by the Secretary as of October

1, 1995 for properties assisted under section 8 with rents above

110 percent of fair market rents without regard to any other

provision of law; and

(2) the Secretary may delegate to one or more entities

the authority to carry out some or all of the functions and

responsibilities of the Secretary in connection with the foreclosure of mortgages held by the Secretary under the National

Housing Act.

(c) For purposes of carrying out demonstration programs under

subsection (a), subject to such third party consents (if any) as

are necessary including but not limited to (i) consent by the Government National Mortgage Association where it owns a mortgage

insured by the Secretary; (ii) consent by an issuer under the mortgage-backed securities program of the Association, subject to the

responsibilities of the issuer to its security holders and the Association under such program; and (iii) parties to any contractual agreement which the Secretary proposes to modify or discontinue, and

subject to the appropriation in subsection (c), the Secretary or

one or more third parties designated by the Secretary may take

the following actions:

(1) Notwithstanding any other provision of law, and subject

to the agreement of the project owner, the Secretary or third

party may remove, relinquish, extinguish, modify, or agree

to the removal of any mortgage, regulatory agreement, projectbased assistance contract, use agreement, or restriction that

had been imposed or required by the Secretary, including

restrictions on distributions of income which the Secretary or
110 STAT. 1321–287 PUBLIC LAW 104–134—APR. 26, 1996

third party determines would interfere with the ability of the

project to operate without above market rents. The Secretary

or third party may require an owner of a property assisted

under the section 8 new construction/substantial rehabilitation

program to apply any accumulated residual receipts toward

effecting the purposes of this section.

(2) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may enter into

contracts to purchase reinsurance, or enter into participations

or otherwise transfer economic interest in contracts of insurance

or in the premiums paid, or due to be paid, on such insurance

to third parties, on such terms and conditions as the Secretary

may determine.

(3) The Secretary may offer project-based assistance with

rents at or below fair market rents for the locality in which

the project is located and may negotiate such other terms

as are acceptable to the Secretary and the project owner.

(4) The Secretary may offer to pay all or a portion of

the project’s debt service, including payments monthly from

the appropriate Insurance Fund, for the full remaining term

of the insured mortgage.

(5) Notwithstanding any other provision of law, the Secretary may forgive and cancel any FHA-insured mortgage debt

that a demonstration program property cannot carry at market

rents while bearing full operating costs.

(6) For demonstration program properties that cannot carry

full operating costs (excluding debt service) at market rents,

the Secretary may approve project-based rents sufficient to

carry such full operating costs and may offer to pay the full

debt service in the manner provided in paragraph (4).

(d) COMMUNITY AND TENANT INPUT.—In carrying out this section, the Secretary shall develop procedures to provide appropriate

and timely notice to officials of the unit of general local government

affected, the community in which the project is situated, and the

tenants of the project.

(e) LIMITATION ON DEMONSTRATION AUTHORITY.—The Secretary

may carry out demonstration programs under this section with

respect to mortgages not to exceed 15,000 units. The demonstration

authorized under this section shall not be expanded until the reports

required under subsection (g) are submitted to the Congress.

(f) APPROPRIATION.—For the cost of modifying loans held or

guaranteed by the Federal Housing Administration, as authorized

by this subsection (a)(2) and subsection (c), $30,000,000, to remain

available until September 30, 1997: Provided, That such costs shall

be as defined in section 502 of the Congressional Budget Act of

1974, as amended.

(g) REPORT TO CONGRESS.—The Secretary shall submit to the

Congress every six months after the date of enactment of this

Act a report describing and assessing the programs carried out

under the demonstrations. The Secretary shall also submit a final

report to the Congress not later than six months after the end

of the demonstrations. The reports shall include findings and recommendations for any legislative action appropriate. The reports

shall also include a description of the status of each multifamily

housing project selected for the demonstrations under this section.

The final report may include—

(1) the size of the projects;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–288

(2) the geographic locations of the projects, by State and

region;

(3) the physical and financial condition of the projects;

(4) the occupancy profile of the projects, including the

income, family size, race, and ethnic origin of current tenants,

and the rents paid by such tenants;

(5) a description of actions undertaken pursuant to this

section, including a description of the effectiveness of such

actions and any impediments to the transfer or sale of multifamily housing projects;

(6) a description of the extent to which the demonstrations

under this section have displaced tenants of multifamily housing projects;

(7) a description of any of the functions performed in

connection with this section that are transferred or contracted

out to public or private entities or to States;

(8) a description of the impact to which the demonstrations

under this section have affected the localities and communities

where the selected multifamily housing projects are located;

and

(9) a description of the extent to which the demonstrations

under this section have affected the owners of multifamily

housing projects.

ASSESSMENT COLLECTION DATES FOR OFFICE OF FEDERAL HOUSING

ENTERPRISE OVERSIGHT

SEC. 211. Section 1316(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking

paragraph (2) and inserting the following new paragraph:

‘‘(2) TIMING OF PAYMENT.—The annual assessment shall be

payable semiannually for each fiscal year, on October 1 and

April 1.’’.

MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL OF EXPIRING

SECTION 8 SUBSIDY CONTRACTS AND ANNUAL CONTRIBUTIONS FOR

ASSISTED HOUSING

SEC. 212. All remaining obligated and unobligated balances

in the Renewal of Expiring Section 8 Subsidy Contracts account

on September 30, 1995, shall immediately thereafter be transferred

to and merged with the obligated and unobligated balances, respectively, of the Annual Contributions for Assisted Housing account.

DEBT FORGIVENESS

SEC. 213. (a) The Secretary of Housing and Urban Development

shall cancel the indebtedness of the Hubbard Hospital Authority

of Hubbard, Texas, relating to the public facilities loan for Project

Number PFL–TEX–215, issued under title II of the Housing Amendments of 1955. Such hospital authority is relieved of all liability

to the Government for the outstanding principal balance on such

loan, for the amount of accrued interest on such loan, and for

any fees and charges payable in connection with such loan.

(b) The Secretary of Housing and Urban Development shall

cancel the indebtedness of the Groveton Texas Hospital Authority

relating to the public facilities loan for Project Number TEX–41–

PFL0162, issued under title II of the Housing Amendments of

Groveton Texas

Hospital

Authority.

Texas.

Hubbard

Hospital

Authority.

Texas.
110 STAT. 1321–289 PUBLIC LAW 104–134—APR. 26, 1996

1955. Such hospital authority is relieved of all liability to the

Government for the outstanding principal balance on such loan,

for the amount of accrued interest on such loan, and for any

fees and charges payable in connection with such loan.

(c) The Secretary of Housing and Urban Development shall

cancel the indebtedness of the Hepzibah Public Service District

of Hepzibah, West Virginia, relating to the public facilities loan

for Project Number WV–46–PFL0031, issued under title II of the

Housing Amendments of 1955. Such public service district is

relieved of all liability to the Government for the outstanding principal balance on such loan, for the amount of accrued interest

on such loan, and for any fees and charges payable in connection

with such loan.

CLARIFICATIONS

SEC. 214. For purposes of Federal law, the Paul Mirabile Center

in San Diego, California, including areas within such Center that

are devoted to the delivery of supportive services, has been determined to satisfy the ‘‘continuum of care’’ requirements of the Department of Housing and Urban Development, and shall be treated

as—

(a) consisting solely of residential units that (i) contain

sleeping accommodations and kitchen and bathroom facilities,

(ii) are located in a building that is used exclusively to facilitate

the transition of homeless individuals (within the meaning

of section 103 of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11302), as in effect on December 19, 1989)

to independent living within 24 months, (iii) are suitable for

occupancy, with each cubicle constituting a separate bedroom

and residential unit, (iv) are used on other than a transient

basis, and (v) shall be originally placed in service on November

1, 1995; and

(b) property that is entirely residential rental property,

namely, a project for residential rental property.

EMPLOYMENT LIMITATIONS

SEC. 215. (a) By the end of fiscal year 1996 the Department

of Housing and Urban Development shall employ no more than

eight Assistant Secretaries, notwithstanding section 4(a) of the

Department of Housing and Urban Development Act.

(b) By the end of fiscal year 1996 the Department of Housing

and Urban Development shall employ no more than 77 schedule

C and 20 non-career senior executive service employees.

USE OF FUNDS

SEC. 216. (a) Of the $93,400,000 earmarked in Public Law

101–144 (103 Stat. 850), as amended by Public Law 101–302 (104

Stat. 237), for special projects and purposes, any amounts remaining

of the $500,000 made available to Bethlehem House in Highland,

California, for site planning and loan acquisition shall instead be

made available to the County of San Bernardino in California

to assist with the expansion of the Los Padrinos Gang Intervention

Program, the Unity Home Domestic Violence Shelter, and San

Bernardino Drug Court Program.

(b) The amount made available for fiscal year 1995 for the

removal of asbestos from an abandoned public school building in

California.

Hepzibah Public

Service District.

West Virginia.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–290

Toledo, Ohio shall be made available for the renovation and

rehabilitation of an industrial building at the University of Toledo

in Toledo, Ohio.

LEAD-BASED PAINT ABATEMENT

SEC. 217. (a) Section 1011 of Title X—Residential Lead-Based

Paint Hazard Reduction Act of 1992 is amended as follows: Strike

‘‘priority housing’’ wherever it appears in said section and insert

‘‘housing’’.

(b) Section 1011(a) shall be amended as follows: At the end

of the subsection after the period, insert: ‘‘Grants shall only be

made under this section to provide assistance for housing which

meets the following criteria—

‘‘(1) for grants made to assist rental housing, at least

50 percent of the units must be occupied by or made available

to families with incomes at or below 50 percent of the area

median income level and the remaining units shall be occupied

or made available to families with incomes at or below 80

percent of the area median income level, and in all cases

the landlord shall give priority in renting units assisted under

this section, for not less than 3 years following the completion

of lead abatement activities, to families with a child under

the age of six years, except that buildings with five or more

units may have 20 percent of the units occupied by families

with incomes above 80 percent of area median income level;

‘‘(2) for grants made to assist housing owned by owneroccupants, all units assisted with grants under this section

shall be the principal residence of families with income at

or below 80 percent of the area median income level, and

not less than 90 percent of the units assisted with grants

under this section shall be occupied by a child under the age

of six years or shall be units where a child under the age

of six years spends a significant amount of time visiting; and

‘‘(3) notwithstanding paragraphs (1) and (2), Round II

grantees who receive assistance under this section may use

such assistance for priority housing.’’.

EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS WITH PHAS

SEC. 218. Section 9(a)(3)(B)(i) of the United States Housing

Act of 1937 is amended by striking ‘‘for a period not to exceed

6 years’’.

MORTGAGE NOTE SALES

SEC. 219. The first sentence of section 221(g)(4)(C)(viii) of the

National Housing Act is amended by striking ‘‘September 30, 1995’’

and inserting in lieu thereof ‘‘September 30, 1996’’.

REPEAL OF FROST-LELAND

SEC. 220. Section 415 of the Department of Housing and Urban

Development—Independent Agencies Appropriations Act, 1988

(Public Law 100–202; 101 Stat. 1329–213) is repealed.

FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM

SEC. 221. (a) CORRECTION TO FORECLOSURE AVOIDANCE PROVISION.—The penultimate proviso of section 204(a) of the National

12 USC 1715l.

42 USC 1437g.

Grants.

42 USC 4852.
110 STAT. 1321–291 PUBLIC LAW 104–134—APR. 26, 1996

Housing Act (12 U.S.C. 1710(a)), as added by section 407(a) of

the Balanced Budget Downpayment Act, I (Public Law 104–99),

is amended by striking ‘‘special foreclosure’’ and inserting in lieu

thereof ‘‘special forebearance’’.

(b) SAVINGS PROVISION.—(1) Any mortgage for which the mortgagor has applied to the Secretary, before the date of enactment

of this Act, for assignment to the Secretary pursuant to section

230(b) of the National Housing Act shall continue to be governed

by the provisions of such section, as in effect immediately before

enactment of the Balanced Budget Downpayment Act, I.

(2) Section 230(d) of the National Housing Act, as amended

by section 407(b) of the Balanced Budget Downpayment Act, I,

is repealed.

(c) REGULATIONS.—(1) Not later than 30 days after the date

of enactment of this Act, the Secretary of Housing and Urban

Development shall issue interim regulations to implement section

407 of the Balanced Budget Downpayment Act, I, and the amendments to the National Housing Act made by that section.

(2) Section 407(d) of the Balanced Budget Downpayment Act,

I, is repealed.

(d) EXTENSION OF REFORM TO MORTGAGES ORIGINATED IN FISCAL YEAR 1996.—Section 407(c) of the Balanced Budget Downpayment Act, I, is amended by striking ‘‘originated before October

1, 1995’’ and inserting ‘‘executed before October 1, 1996’’.

SPENDING LIMITATIONS

SEC. 222. (a) None of the funds in this Act may be used

by the Secretary to impose any sanction, or penalty because of

the enactment of any State or local law or regulation declaring

English as the official language.

(b) No part of any appropriation contained in this Act shall

be used for lobbying activities as prohibited by law.

SEC. 223. None of the funds provided in this Act may be

used during fiscal year 1996 to investigate or prosecute under

the Fair Housing Act (42 U.S.C. 3601, et seq.) any otherwise lawful

activity engaged in by one or more persons, including the filing

or maintaining of non-frivolous legal action, that is engaged in

solely for the purposes of achieving or preventing action by a

Government official, entity, or court of competent jurisdiction.

SEC. 224. None of the funds provided in this Act many be

used to take any enforcement action with respect to a complaint

of discrimination under the Fair Housing Act (42 U.S.C. 3601,

et seq.) on the basis of familial status and which involves an

occupancy standard established by the housing provider except

to the extent that it is found that there has been discrimination

in contravention of the standards provided in the March 20, 1991

Memorandum from the General Counsel of the Department of Housing and Urban Development to all Regional Counsel or until such

time that HUD issues a final rule in accordance with section 553

of title 5, United States Code.

CDBG ELIGIBLE ACTIVITIES

SEC. 225. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended—

(1) in paragraph (4)—

(A) by inserting ‘‘reconstruction,’’ after ‘‘removal,’’; and

12 USC 1710

note.

12 USC 1710

note.

12 USC 1710

note.

12 USC 1715u.

12 USC 1715u

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–292

(B) by striking ‘‘acquisition for rehabilitation, and

rehabilitation’’ and inserting ‘‘acquisition for reconstruction

or rehabilitation, and reconstruction or rehabilitation’’;

(2) in paragraph (13), by striking ‘‘and’’ at the end;

(3) by striking paragraph (19);

(4) in paragraph (24), by striking ‘‘and’’ at the end;

(5) in paragraph (25), by striking the period at the end

and inserting ‘‘; and’’;

(6) by redesignating paragraphs (20) through (25) as paragraphs (19) through (24), respectively; and

(7) by redesignating paragraph (21) (as added by section

1012(f)(3) of the Housing and Community Development Act

of 1992) as paragraph (25).

SEC. 226. The Secretary shall award for the community development grants program, as authorized by title I of the Housing

and Community Development Act of 1974, as amended (42 U.S.C.

5301), for the State of New York, not more than 35 percent of

the funds made available for fiscal year 1996 for grants allocated

for any multi-year commitment. The Secretary shall issue proposed

and final rulemaking for the requirements of the community development grants program for the State of New York before issuing

a Notice of Funding Availability for funds made available for fiscal

year 1997.

SEC. 227. All funds allocated for the State of New York for

fiscal years 1995 and 1996 under the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez

National Affordable Housing Act (Public Law 101–625) shall be

made available to the Chief Executive Officer of the State, or

an entity designated by the Chief Executive Officer, to be used

for activities in accordance with the requirements of the HOME

investment partnerships program, notwithstanding the memorandum from the General Counsel of the Department of Housing and

Urban Development dated March 5, 1996.

SEC. 228. (a) The second sentence of section 236(f)(1) of the

National Housing Act, as amended by section 405(d)(1) of The

Balanced Budget Downpayment Act, I, is amended—

(1) by striking ‘‘or (ii)’’ and inserting ‘‘(ii)’’; and

(2) by striking ‘‘located,’’ and inserting: ‘‘located, or (iii)

the actual rent (as determined by the Secretary) paid for a

comparable unit in comparable unassisted housing in the market area in which the housing assisted under this section is

located,’’.

(b) The first sentence of section 236(g) of the National Housing

Act is amended by inserting the phrase ‘‘on a unit-by-unit basis’’

after ‘‘collected’’.

TECHNICAL CORRECTION TO MINIMUM RENT AUTHORITY

SEC. 229. Section 402(a) of the Balanced Budget Downpayment

Act, I (Public Law 104–99), is amended by inserting after ‘‘as

amended,’’ the following: ‘‘or section 206(d) of the Housing and

Urban-Rural Recovery Act of 1983 (including section 206(d)(5) of

such Act),’’.

MINIMUM RENT WAIVER AUTHORITY

SEC. 230. Notwithstanding section 402(a) of the Balanced

Budget Downpayment Act, I (Public Law 104–99), the Secretary

of Housing and Urban Development or a public housing agency

Ante, p. 40.

12 USC 1715z–1.

Rules.
110 STAT. 1321–293 PUBLIC LAW 104–134—APR. 26, 1996

(including an Indian housing authority) may waive the minimum

rent requirement of that section to provide a transition period

for affected families. The term of a waiver approved pursuant

to this section may be retroactive, but may not apply for more

than three months with respect to any family.

TITLE III

INDEPENDENT AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, including the acquisition

of land or interest in land in foreign countries; purchases and

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase

(one for replacement only) and hire of passenger motor vehicles;

and insurance of official motor vehicles in foreign countries, when

required by law of such countries; $20,265,000, to remain available

until expended: Provided, That where station allowance has been

authorized by the Department of the Army for officers of the Army

serving the Army at certain foreign stations, the same allowance

shall be authorized for officers of the Armed Forces assigned to

the Commission while serving at the same foreign stations, and

this appropriation is hereby made available for the payment of

such allowance: Provided further, That when traveling on business

of the Commission, officers of the Armed Forces serving as members

or as Secretary of the Commission may be reimbursed for expenses

as provided for civilian members of the Commission: Provided further, That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances

of personnel assigned to it.

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

For grants, loans, and technical assistance to qualifying community development financial institutions, and administrative

expenses of the Fund, $45,000,000, to remain available until

September 30, 1997: Provided, That of the funds made available

under this heading not to exceed $4,000,000 may be used for the

cost of direct loans, and not to exceed $400,000 may be used

for administrative expenses to carry out the direct loan program:

Provided further, That the cost of direct loans, including the cost

of modifying such loans, shall be defined as in section 502 of

the Congressional Budget Act of 1974: Provided further, That such

funds are available to subsidize gross obligations for the principal

amount of direct loans not to exceed $28,440,000: Provided further,

That none of these funds shall be used to supplement existing

resources provided to the Department for activities such as external

affairs, general counsel, administration, finance, or office of inspec36 USC 122a.

36 USC 122.

36 USC 121b.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–294

tor general: Provided further, That none of these funds shall be

available for expenses of an Administrator as defined in section

104 of the Community Development Banking and Financial Institutions Act of 1994 (CDBFI Act): Provided further, That notwithstanding any other provision of law, for purposes of administering the

Community Development Financial Institutions Fund, the Secretary

of the Treasury shall have all powers and rights of the Administrator of the CDBFI Act and the Fund shall be within the Department of the Treasury.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

to exceed the per diem rate equivalent to the rate for GS–18,

purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and not to exceed $500 for

official reception and representation expenses, $40,000,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and

Community Service (referred to in the matter under this heading

as the ‘‘Corporation’’) in carrying out programs, activities, and initiatives under the National and Community Service Act of 1990

(referred to in the matter under this heading as the ‘‘Act’’) (42

U.S.C. 12501 et seq.), $400,500,000, of which $265,000,000 shall

be available for obligation from September 1, 1996, through September 30, 1997: Provided, That not more than $25,000,000 shall be

available for administrative expenses authorized under section

501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Provided further, That

not more than $2,500 shall be for official reception and representation expenses: Provided further, That not more than $59,000,000,

to remain available without fiscal year limitation, shall be transferred to the National Service Trust account for educational awards

authorized under subtitle D of title I of the Act (42 U.S.C. 12601

et seq.): Provided further, That not more than $215,000,000 of

the amount provided under this heading shall be available for

grants under the National Service Trust program authorized under

subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) (relating

to activities including the Americorps program), of which not more

than $40,000,000 may be used to administer, reimburse or support

any national service program authorized under section 121(d)(2)

of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not

more than $5,500,000 of the funds made available under this heading shall be made available for the Points of Light Foundation

for activities authorized under title III of the Act (42 U.S.C. 12661

et seq.): Provided further, That no funds shall be available for

national service programs run by Federal agencies authorized under

section 121(b) of such Act (42 U.S.C. 12581(b)): Provided further,

That, to the maximum extent feasible, funds appropriated in the

12 USC 4703

note.
110 STAT. 1321–295 PUBLIC LAW 104–134—APR. 26, 1996

preceding proviso shall be provided in a manner that is consistent

with the recommendations of peer review panels in order to ensure

that priority is given to programs that demonstrate quality, innovation, replicability, and sustainability: Provided further, That not

more than $18,000,000 of the funds made available under this

heading shall be available for the Civilian Community Corps authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et

seq.): Provided further, That not more than $43,000,000 shall be

available for school-based and community-based service-learning

programs authorized under subtitle B of title I of the Act (41

U.S.C. 12521 et seq.): Provided further, That not more than

$30,000,000 shall be available for quality and innovation activities

authorized under subtitle H of title I of the Act (42 U.S.C. 12853

et seq.): Provided further, That not more than $5,000,000 shall

be available for audits and other evaluations authorized under

section 179 of the Act (42 U.S.C. 12639), of which up to $500,000

shall be available for a study by the National Academy of Public

Administration on the structure, organization, and management

of the Corporation and activities supported by the Corporation,

including an assessment of the quality, innovation, replicability,

and sustainability without Federal funds of such activities, and

the Federal and non-Federal cost of supporting participants in

community service activities: Provided further, That no funds from

any other appropriation, or from funds otherwise made available

to the Corporation, shall be used to pay for personnel compensation

and benefits, travel, or any other administrative expense for the

Board of Directors, the Office of the Chief Executive Officer, the

Office of the Managing Director, the Office of the Chief Financial

Officer, the Office of National and Community Service Programs,

the Civilian Community Corps, or any field office or staff of the

Corporation working on the National and Community Service or

Civilian Community Corps programs: Provided further, That to

the maximum extent practicable, the Corporation shall increase

significantly the level of matching funds and in-kind contributions

provided by the private sector, shall expand significantly the number of educational awards provided under subtitle D of title I,

and shall reduce the total Federal cost per participant in all programs: Provided further, That prior to September 30, 1996, the

General Accounting Office shall report to the Congress the results

of a study of State commission programs which evaluates the cost

per participant, the commissions’ ability to oversee the programs,

and other relevant considerations.

SENSE OF CONGRESS

It is the sense of the Congress that accounting for taxpayers’

funds must be a top priority for all Federal agencies and Government corporations. The Congress is deeply concerned about the

findings of the recent audit of the Corporation for National and

Community Service required under the Government Corporation

Control Act of 1945. The Congress urges the President to expeditiously nominate a qualified Chief Financial Officer for the Corporation. Further, to the maximum extent practicable and as quickly

as possible, the Corporation should implement the recommendations

of the independent auditors contracted for by the Corporation’s

Inspector General, as well as the Chief Financial Officer, to improve

the financial management of taxpayers’ funds. Should the Chief

Financial Officer determine that additional resources are needed

Reports.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–296

to implement these recommendations, the Corporation should submit a reprogramming proposal for up to $3,000,000 to carry out

reforms of the financial management system.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

$2,000,000.

COURT OF VETERANS APPEALS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States

Court of Veterans Appeals as authorized by 38 U.S.C. sections

7251–7292, $9,000,000, of which not to exceed $678,000, to remain

available until September 30, 1997, shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under

this head in Public Law 102–229.

DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,

operation, and improvement of Arlington National Cemetery and

Soldiers’ and Airmen’s Home National Cemetery, and not to exceed

$1,000 for official reception and representation expenses;

$11,946,000, to remain available until expended.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation

and Liability Act of 1980 (CERCLA), as amended; necessary

expenses for personnel and related costs and travel expenses, including uniforms, or allowances therefore, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109, but at rates

for individuals not to exceed the per diem rate equivalent to the

rate for GS–18; procurement of laboratory equipment and supplies;

other operating expenses in support of research and development;

construction, alteration, repair, rehabilitation and renovation of

facilities, not to exceed $75,000 per project; $525,000,000, which

shall remain available until September 30, 1997.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefore, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the rate for GS–18; hire of passenger

motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations
110 STAT. 1321–297 PUBLIC LAW 104–134—APR. 26, 1996

which issue publications to members only or at a price to members

lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to

exceed $75,000 per project; and not to exceed $6,000 for official

reception and representation expenses; $1,677,300,000, which shall

remain available until September 30, 1997: Provided, That, notwithstanding any other provision of law, for this fiscal year and

hereafter, an industrial discharger that is a pharmaceutical manufacturing facility and discharged to the Kalamazoo Water Reclamation Plant (an advanced wastewater treatment plant with activated

carbon) prior to the date of enactment of this Act may be exempted

from categorical pretreatment standards under section 307(b) of

the Federal Water Pollution Control Act, as amended, if the following conditions are met:

(1) the owner or operator of the Kalamazoo Water Reclamation Plant applies to the State of Michigan for an exemption

for such industrial discharger,

(2) the State or Administrator, as applicable, approves such

exemption request based upon a determination that the Kalamazoo Water Reclamation Plant will provide treatment and

pollution removal equivalent to or better than that which would

be required through a combination of pretreatment by such

industrial discharger and treatment by the Kalamazoo Water

Reclamation Plant in the absence of the exemption, and

(3) compliance with paragraph (2) is addressed by the

provisions and conditions of a permit issued to the Kalamazoo

Water Reclamation Plant under section 402 of such Act, and

there exists an operative financial contract between the City

of Kalamazoo and the industrial user and an approved local

pretreatment program, including a joint monitoring program

and local controls to prevent against interference and pass

through.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

as amended, and for construction, alteration, repair, rehabilitation,

and renovation of facilities, not to exceed $75,000 per project,

$28,500,000.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or use by, the

Environmental Protection Agency, $110,000,000, to remain available until expended.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

(CERCLA), as amended, including sections 111 (c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $75,000

per project; not to exceed $1,313,400,000, to remain available until

expended, consisting of $1,063,400,000 as authorized by section

517(a) of the Superfund Amendments and Reauthorization Act of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–298

1986 (SARA), as amended by Public Law 101–508 (of which,

$100,000,000 shall not become available until September 1, 1996),

and $250,000,000 as a payment from general revenues to the

Hazardous Substance Superfund as authorized by section 517(b)

of SARA, as amended by Public Law 101–508: Provided, That

funds appropriated under this heading may be allocated to other

Federal agencies in accordance with section 111(a) of CERCLA:

Provided further, That $11,000,000 of the funds appropriated under

this heading shall be transferred to the Office of Inspector General

appropriation to remain available until September 30, 1996: Provided further, That notwithstanding section 111(m) of CERCLA

or any other provision of law, not to exceed $59,000,000 of the

funds appropriated under this heading shall be available to the

Agency for Toxic Substances and Disease Registry to carry out

activities described in sections 104(i), 111(c)(4), and 111(c)(14) of

CERCLA and section 118(f) of the Superfund Amendments and

Reauthorization Act of 1986: Provided further, That none of the

funds appropriated under this heading shall be available for the

Agency for Toxic Substances and Disease Registry to issue in excess

of 40 toxicological profiles pursuant to section 104(i) of CERCLA

during fiscal year 1996: Provided further, That none of the funds

made available under this heading may be used by the Environmental Protection Agency to propose for listing or to list any additional facilities on the National Priorities List established by section

105 of the Comprehensive Environmental Response, Compensation

and Liability Act (CERCLA), as amended (42 U.S.C. 9605), unless

the Administrator receives a written request to propose for listing

or to list a facility from the Governor of the State in which the

facility is located, or unless legislation to reauthorize CERCLA

is enacted.

LEAKING UNDERGROUND STORAGE TANK TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the

Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $75,000 per project, $45,827,000, to remain

available until expended: Provided, That no more than $7,000,000

shall be available for administrative expenses: Provided further,

That $500,000 shall be transferred to the Office of Inspector General

appropriation to remain available until September 30, 1996.

OIL SPILL RESPONSE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$15,000,000, to be derived from the Oil Spill Liability trust fund,

and to remain available until expended: Provided, That not more

than $8,000,000 of these funds shall be available for administrative

expenses.
110 STAT. 1321–299 PUBLIC LAW 104–134—APR. 26, 1996

3 Remainder of figure missing, complete figure probably should read ‘‘$2,813,000,000’’.

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $2,813,000,0 3 to remain available

until expended, of which $1,848,500,000 shall be for making capitalization grants for State revolving funds to support water infrastructure financing; $100,000,000 for architectural, engineering, design,

construction and related activities in connection with the construction of high priority water and wastewater facilities in the area

of the United States-Mexico Border, after consultation with the

appropriate border commission; $50,000,000 for grants to the State

of Texas, which shall be matched by an equal amount of State

funds from State resources, for the purpose of improving wastewater

treatment for colonias; $15,000,000 for grants to the State of Alaska,

subject to an appropriate cost share as determined by the Administrator, to address wastewater infrastructure needs of rural and

Alaska Native villages; and $141,500,000 for making grants for

the construction of wastewater treatment facilities and the development of groundwater in accordance with the terms and conditions

specified for such grants in the Conference Reports and statements

of the managers accompanying H.R. 2099 and this Act: Provided,

That beginning in fiscal year 1996 and each fiscal year thereafter,

and notwithstanding any other provision of law, the Administrator

is authorized to make grants annually from funds appropriated

under this heading, subject to such terms and conditions as the

Administrator shall establish, to any State or federally recognized

Indian tribe for multimedia or single media pollution prevention,

control and abatement and related environmental activities at the

request of the Governor or other appropriate State official or the

tribe: Provided further, That from funds appropriated under this

heading, the Administrator may make grants to federally recognized

Indian governments for the development of multimedia environmental programs: Provided further, That of the $1,848,500,000 for

capitalization grants for State revolving funds to support water

infrastructure financing, $500,000,000 shall be for drinking water

State revolving funds, but if no drinking water State revolving

fund legislation is enacted by August 1, 1996, these funds shall

immediately be available for making capitalization grants under

title VI of the Federal Water Pollution Control Act, as amended:

Provided further, That of the funds made available in Public Law

103–327 and in Public Law 103–124 for capitalization grants for

State revolving funds to support water infrastructure financing,

$225,000,000 shall be made available for capitalization grants for

State revolving funds under title VI of the Federal Water Pollution

Control Act, as amended, if no drinking water State revolving

fund legislation is enacted by August 1, 1996: Provided further,

That of the funds made available under this heading for capitalization grants for State Revolving Funds under title VI of the Federal

Water Pollution Control Act, as amended, $50,000,000 shall be

for wastewater treatment in impoverished communities pursuant

to section 102(d) of H.R. 961 as approved by the United States

House of Representatives on May 16, 1995: Provided further, That

of the funds appropriated in the Construction Grants and Water

Infrastructure/State Revolving Funds accounts since the appropria33 USC 1281

note.

33 USC 1281

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–300

tion for the fiscal year ending September 30, 1992, and hereafter,

for making grants for wastewater treatment works construction

projects, portions may be provided by the recipients to States for

managing construction grant activities, on condition that the States

agree to reimburse the recipients from State funding sources: Provided further, That the funds made available in Public Law 103–

327 for a grant to the City of Mt. Arlington, New Jersey, in accordance with House Report 103–715, shall be available for a grant

to that city for water and sewer improvements.

ADMINISTRATIVE PROVISIONS

SEC. 301. None of the funds provided in this Act may be

used within the Environmental Protection Agency for any final

action by the Administrator or her delegate for signing and publishing for promulgation of a rule concerning any new standard for

radon in drinking water.

SEC. 302. None of the funds provided in this Act may be

used during fiscal year 1996 to sign, promulgate, implement or

enforce the requirement proposed as ‘‘Regulation of Fuels and Fuel

Additives: Individual Foreign Refinery Baseline Requirements for

Reformulated Gasoline’’ at volume 59 of the Federal Register at

pages 22800 through 22814.

SEC. 303. None of the funds appropriated under this Act may

be used to implement the requirements of section 186(b)(2), section

187(b) or section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2),

7512a(b), or 7545(m)) with respect to any moderate nonattainment

area in which the average daily winter temperature is below 0

degrees Fahrenheit. The preceding sentence shall not be interpreted

to preclude assistance from the Environmental Protection Agency

to the State of Alaska to make progress toward meeting the carbon

monoxide standard in such areas and to resolve remaining issues

regarding the use of oxygenated fuels in such areas.

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

Environmental Protection Agency shall: (1) transfer all real property

acquired in Bay City, Michigan, for the creation of the Center

for Ecology, Research and Training (CERT) to the City of Bay

City or other local public or municipal entity; and (2) make a

grant in fiscal year 1996 to the recipient of the property of not

less than $3,000,000 from funds previously appropriated for the

CERT project for the purpose of environmental remediation and

rehabilitation of real property included in the boundaries of the

CERT project. The disposition of property shall be by donation

or no-cost transfer and shall be made to the City of Bay City,

Michigan or other local public or municipal entity.

Further, notwithstanding any other provision of law, the agency

shall have the authority to demolish or dispose of any improvements

on such real property, or to donate, sell, or transfer any personal

property or improvements on such real property to members of

the general public, by auction or public sale, and to apply any

funds received to costs related to the transfer of the real property

authorized hereunder.

Michigan.

Public lands.
110 STAT. 1321–301 PUBLIC LAW 104–134—APR. 26, 1996

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 and 6671), hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official

reception and representation expenses, and rental of conference

rooms in the District of Columbia, $4,981,000: Provided, That the

Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs

of individuals detailed to it.

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Improvement Act of 1970 and Reorganization

Plan No. 1 of 1977, $2,150,000.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For necessary expenses in carrying out the functions of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(42 U.S.C. 5121 et seq.), $222,000,000, to remain available until

expended.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For the cost of direct loans, $2,155,000, as authorized by section

319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000.

In addition, for administrative expenses to carry out the direct loan program, $95,000.

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including

hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the rate for GS–

18; expenses of attendance of cooperating officials and individuals

at meetings concerned with the work of emergency preparedness;

transportation in connection with the continuity of Government

programs to the same extent and in the same manner as permitted

the Secretary of a Military Department under 10 U.S.C. 2632;

and not to exceed $2,500 for official reception and representation

expenses; $168,900,000.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–302

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $4,673,000.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

For necessary expenses, not otherwise provided for, to carry

out activities under the National Flood Insurance Act of 1968,

as amended, and the Flood Disaster Protection Act of 1973, as

amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),

the Earthquake Hazards Reduction Act of 1977, as amended (42

U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act

of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections

107 and 303 of the National Security Act of 1947, as amended

(50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978,

$203,044,000.

EMERGENCY FOOD AND SHELTER PROGRAM

Notwithstanding any other provision of law, for fiscal year

1996, there is hereby appropriated a total of $100,000,000 to the

Federal Emergency Management Agency to carry out an emergency

food and shelter program pursuant to title III of Public Law 100–

77, as amended: Provided, That total administrative costs shall

not exceed three and one-half per centum of the total appropriation.

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968,

the Flood Disaster Protection Act of 1973, and the National Flood

Insurance Reform Act of 1994, not to exceed $20,562,000 for salaries

and expenses associated with flood mitigation and flood insurance

operations, and not to exceed $70,464,000 for flood mitigation,

including up to $12,000,000 for expenses under section 1366 of

the National Flood Insurance Act of 1968, as amended, which

amount shall be available until September 30, 1997. In fiscal year

1996, no funds in excess of (1) $47,000,000 for operating expenses,

(2) $292,526,000 for agents’ commissions and taxes, and (3)

$3,500,000 for interest on Treasury borrowings shall be available

from the National Flood Insurance Fund without prior notice to

the Committees on Appropriations.

ADMINISTRATIVE PROVISION

The Director of the Federal Emergency Management Agency

shall promulgate through rulemaking a methodology for assessment

and collection of fees to be assessed and collected beginning in

fiscal year 1996 applicable to persons subject to the Federal Emergency Management Agency’s radiological emergency preparedness

regulations. The aggregate charges assessed pursuant to this section

during fiscal year 1996 shall approximate, but not be less than,

100 per centum of the amounts anticipated by the Federal Emergency Management Agency to be obligated for its radiological emergency preparedness program for such fiscal year. The methodology

for assessment and collection of fees shall be fair and equitable,

Rules.
110 STAT. 1321–303 PUBLIC LAW 104–134—APR. 26, 1996

and shall reflect the full amount of costs of providing radiological

emergency planning, preparedness, response and associated services. Such fees will be assessed in a manner that reflects the

use of agency resources for classes of regulated persons and the

administrative costs of collecting such fees. Fees received pursuant

to this section shall be deposited in the general fund of the Treasury

as offsetting receipts. Assessment and collection of such fees are

only authorized during fiscal year 1996.

GENERAL SERVICES ADMINISTRATION

CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $2,061,000, to be

deposited into the Consumer Information Center Fund: Provided,

That the appropriations, revenues and collections deposited into

the fund shall be available for necessary expenses of Consumer

Information Center activities in the aggregate amount of $7,500,000.

Administrative expenses of the Consumer Information Center in

fiscal year 1996 shall not exceed $2,602,000. Appropriations, revenues, and collections accruing to this fund during fiscal year 1996

in excess of $7,500,000 shall remain in the fund and shall not

be available for expenditure except as authorized in appropriations

Acts.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE OF CONSUMER AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,800,000: Provided, That notwithstanding any other provision of law, that Office

may accept and deposit to this account, during fiscal year 1996,

gifts for the purpose of defraying its costs of printing, publishing,

and distributing consumer information and educational materials;

may expend up to $1,110,000 of those gifts for those purposes,

in addition to amounts otherwise appropriated; and the balance

shall remain available for expenditure for such purposes to the

extent authorized in subsequent appropriations Acts: Provided further, That none of the funds provided under this heading may

be made available for any other activities within the Department

of Health and Human Services.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

For necessary expenses, not otherwise provided for, in the

conduct and support of human space flight research and development activities, including research; development; operations; services; maintenance; construction of facilities including repair,

rehabilitation, and modification of real and personal property, and

acquisition or condemnation of real property, as authorized by law;

space flight, spacecraft control and communications activities

including operations, production, and services; and purchase, lease,

charter, maintenance, and operation of mission and administrative

aircraft; $5,456,600,000, to remain available until September 30,

1997.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–304

SCIENCE, AERONAUTICS AND TECHNOLOGY

For necessary expenses, not otherwise provided for, for the

conduct and support of science, aeronautics, and technology research

and development activities, including research; development; operations; services; maintenance; construction of facilities including

repair, rehabilitation and modification of real and personal property,

and acquisition or condemnation of real property, as authorized

by law; space flight, spacecraft control and communications activities including operations, production, and services; and purchase,

lease, charter, maintenance, and operation of mission and administrative aircraft; $5,928,900,000, to remain available until September

30, 1997.

MISSION SUPPORT

For necessary expenses, not otherwise provided for, in carrying

out mission support for human space flight programs and science,

aeronautical, and technology programs, including research operations and support; space communications activities including

operations, production, and services; maintenance; construction of

facilities including repair, rehabilitation, and modification of facilities, minor construction of new facilities and additions to existing

facilities, facility planning and design, environmental compliance

and restoration, and acquisition or condemnation of real property,

as authorized by law; program management; personnel and related

costs, including uniforms or allowances therefor, as authorized by

law (5 U.S.C. 5901–5902); travel expenses; purchase, lease, charter,

maintenance, and operation of mission and administrative aircraft;

not to exceed $35,000 for official reception and representation

expenses; and purchase (not to exceed thirty-three for replacement

only) and hire of passenger motor vehicles; $2,502,200,000, to

remain available until September 30, 1997.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $16,000,000.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and

technology’’, or ‘‘Mission support’’ by this appropriations Act, when

any activity has been initiated by the incurrence of obligations

for construction of facilities as authorized by law, the amount available for such activity shall remain available until expended. This

provision does not apply to the amounts appropriated in ‘‘Mission

support’’ pursuant to the authorization for repair, rehabilitation

and modification of facilities, minor construction of new facilities

and additions to existing facilities, and facility planning and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and

technology’’, or ‘‘Mission support’’ by this appropriations Act, the

amounts appropriated for construction of facilities shall remain

available until September 30, 1998.
110 STAT. 1321–305 PUBLIC LAW 104–134—APR. 26, 1996

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Mission support’’ and ‘‘Office of Inspector General’’, amounts made available by this Act for personnel and related

costs and travel expenses of the National Aeronautics and Space

Administration shall remain available until September 30, 1996

and may be used to enter into contracts for training, investigations,

cost associated with personnel relocation, and for other services,

to be provided during the next fiscal year.

The unexpired balances of prior appropriations to NASA for

activities for which funds are provided under this Act may be

transferred to the new account established for the appropriation

that provides funds for such activity under this Act. Balances so

transferred may be merged with funds in the newly established

account and thereafter may be accounted for as one fund to be

available for the same purposes and under the same terms and

conditions.

Upon the determination by the Administrator that such action

is necessary, the Administrator may, with the approval of the

Office of Management and Budget, transfer not to exceed

$50,000,000 of funds made available in this Act to the National

Aeronautics and Space Administration between such appropriations

or any subdivision thereof, to be merged with and to be available

for the same purposes, and for the same time period, as the appropriation to which transferred: Provided, That such authority to

transfer may not be used unless for higher priority items, based

on unforeseen requirements, than those for which originally appropriated: Provided further, That the Administrator of the National

Aeronautics and Space Administration shall notify the Congress

promptly of all transfers made pursuant to this authority.

Notwithstanding section 202 of Public Law 104–99, section

212 of Public Law 104–99 shall remain in effect as if enacted

as part of this Act.

Within its Mission to Planet Earth program, NASA is urged

to fund Phase A studies for a radar satellite initiative.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 1996, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member

credit unions as authorized by the National Credit Union Central

Liquidity Facility Act (12 U.S.C. 1795) shall not exceed

$600,000,000: Provided, That administrative expenses of the

Central Liquidity Facility in fiscal year 1996 shall not exceed

$560,000.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the purposes of the

National Science Foundation Act of 1950, as amended (42 U.S.C.

1861–1875), and the Act to establish a National Medal of Science

(42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109;

maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; $2,314,000,000,

of which not to exceed $235,000,000 shall remain available until

expended for Polar research and operations support, and for

Ante, p. 38.

Notification.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–306

reimbursement to other Federal agencies for operational and science

support and logistical and other related activities for the United

States Antarctic program; the balance to remain available until

September 30, 1997: Provided, That receipts for scientific support

services and materials furnished by the National Research Centers

and other National Science Foundation supported research facilities

may be credited to this appropriation: Provided further, That to

the extent that the amount appropriated is less than the total

amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the

authorizing Act for those program activities or their subactivities

shall be reduced proportionally.

MAJOR RESEARCH EQUIPMENT

For necessary expenses in carrying out major construction

projects, and related expenses, pursuant to the purposes of the

National Science Foundation Act of 1950, as amended (42 U.S.C.

1861–1875), $70,000,000, to remain available until expended.

ACADEMIC RESEARCH INFRASTRUCTURE

For necessary expenses in carrying out an academic research

infrastructure program pursuant to the purposes of the National

Science Foundation Act of 1950, as amended (42 U.S.C. 1861–

1875), including services as authorized by 5 U.S.C. 3109 and rental

of conference rooms in the District of Columbia, $100,000,000, to

remain available until September 30, 1997.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the purposes of the National Science Foundation Act of 1950,

as amended (42 U.S.C. 1861–1875), including services as authorized

by 5 U.S.C. 3109 and rental of conference rooms in the District

of Columbia, $599,000,000, to remain available until September

30, 1997: Provided, That to the extent that the amount of this

appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors

and ceilings, specified in the authorizing Act for those program

activities or their subactivities shall be reduced proportionally.

SALARIES AND EXPENSES

For necessary salaries and expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended

(42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 3109; hire

of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor,

as authorized by law (5 U.S.C. 5901–5902); rental of conference

rooms in the District of Columbia; reimbursement of the General

Services Administration for security guard services; $127,310,000:

Provided, That contracts may be entered into under salaries and

expenses in fiscal year 1996 for maintenance and operation of

facilities, and for other services, to be provided during the next

fiscal year.
110 STAT. 1321–307 PUBLIC LAW 104–134—APR. 26, 1996

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

as amended, $4,490,000, to remain available until September 30,

1997.

NATIONAL SCIENCE FOUNDATION HEADQUARTERS RELOCATION

For necessary support of the relocation of the National Science

Foundation, $5,200,000: Provided, That these funds shall be used

to reimburse the General Services Administration for services and

related acquisitions in support of relocating the National Science

Foundation.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

8107), $38,667,000.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as

authorized by law (5 U.S.C. 4101–4118) for civilian employees;

and not to exceed $1,000 for official reception and representation

expenses; $22,930,000: Provided, That during the current fiscal

year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be

necessary in the interest of national defense: Provided further,

That none of the funds appropriated by the Act may be expended

for or in connection with the induction of any person into the

Armed Forces of the United States.

TITLE IV

CORPORATIONS

Corporations and agencies of the Department of Housing and

Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such

expenditures, within the limits of funds and borrowing authority

available to each such corporation or agency and in accord with

law, and to make such contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the Act

as may be necessary in carrying out the programs set forth in

the budget for 1996 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and

agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless

such loans are in support of other forms of assistance provided

for in this or prior appropriations Acts), except that this proviso
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–308

shall not apply to the mortgage insurance or guaranty operations

of these corporations, or where loans or mortgage purchases are

necessary to protect the financial interest of the United States

Government.

RESOLUTION TRUST CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

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

as amended, $11,400,000.

TITLE V

GENERAL PROVISIONS

SEC. 501. Where appropriations in titles I, II, and III of this

Act are expendable for travel expenses and no specific limitation

has been placed thereon, the expenditures for such travel expenses

may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section

shall not apply to travel performed by uncompensated officials

of local boards and appeal boards of the Selective Service System;

to travel performed directly in connection with care and treatment

of medical beneficiaries of the Department of Veterans Affairs;

to travel performed in connection with major disasters or emergencies declared or determined by the President under the provisions of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act; to travel performed by the Offices of Inspector

General in connection with audits and investigations; or to payments to interagency motor pools where separately set forth in

the budget schedules: Provided further, That if appropriations in

titles I, II, and III exceed the amounts set forth in budget estimates

initially submitted for such appropriations, the expenditures for

travel may correspondingly exceed the amounts therefor set forth

in the estimates in the same proportion.

SEC. 502. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the

current fiscal year for purchase of uniforms, or allowances therefor,

as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor

vehicles; and services as authorized by 5 U.S.C. 3109.

SEC. 503. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of Federal National Mortgage Association,

Government National Mortgage Association, Federal Home Loan

Mortgage Corporation, Federal Financing Bank, Resolution Trust

Corporation, Federal Reserve banks or any member thereof, Federal

Home Loan banks, and any insured bank within the meaning

of the Federal Deposit Insurance Corporation Act, as amended

(12 U.S.C. 1811–1831).

SEC. 504. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 505. No funds appropriated by this Act may be expended—
110 STAT. 1321–309 PUBLIC LAW 104–134—APR. 26, 1996

(1) pursuant to a certification of an officer or employee

of the United States unless—

(A) such certification is accompanied by, or is part

of, a voucher or abstract which describes the payee or

payees and the items or services for which such expenditure

is being made, or

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from

such audit.

SEC. 506. None of the funds provided in this Act to any department or agency may be expended for the transportation of any

officer or employee of such department or agency between his

domicile and his place of employment, with the exception of any

officer or employee authorized such transportation under title 31,

United States Code, section 1344.

SEC. 507. None of the funds provided in this Act may be

used for payment, through grants or contracts, to recipients that

do not share in the cost of conducting research resulting from

proposals not specifically solicited by the Government: Provided,

That the extent of cost sharing by the recipient shall reflect the

mutuality of interest of the grantee or contractor and the Government in the research.

SEC. 508. None of the funds provided in this Act may be

used, directly or through grants, to pay or to provide reimbursement

for payment of the salary of a consultant (whether retained by

the Federal Government or a grantee) at more than the daily

equivalent of the rate paid for Level IV of the Executive Schedule,

unless specifically authorized by law.

SEC. 509. None of the funds in this Act shall be used to

pay the expenses of, or otherwise compensate, non-Federal parties

intervening in regulatory or adjudicatory proceedings. Nothing

herein affects the authority of the Consumer Product Safety

Commission pursuant to section 7 of the Consumer Product Safety

Act (15 U.S.C. 2056 et seq.).

SEC. 510. Except as otherwise provided under existing law

or under an existing Executive order issued pursuant to an existing

law, the obligation or expenditure of any appropriation under this

Act for contracts for any consulting service shall be limited to

contracts which are (1) a matter of public record and available

for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within twenty-four months

prior to the date on which the list is made available to the public

and of all contracts on which performance has not been completed

by such date. The list required by the preceding sentence shall

be updated quarterly and shall include a narrative description

of the work to be performed under each such contract.

SEC. 511. Except as otherwise provided by law, no part of

any appropriation contained in this Act shall be obligated or

expended by any executive agency, as referred to in the Office

of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a

contract for services unless such executive agency (1) has awarded

and entered into such contract in full compliance with such Act

and the regulations promulgated thereunder, and (2) requires any

report prepared pursuant to such contract, including plans, evaluaRecords.

Contracts.

Public

information.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–310

tions, studies, analyses and manuals, and any report prepared

by the agency which is substantially derived from or substantially

includes any report prepared pursuant to such contract, to contain

information concerning (A) the contract pursuant to which the

report was prepared, and (B) the contractor who prepared the

report pursuant to such contract.

SEC. 512. Except as otherwise provided in section 506, none

of the funds provided in this Act to any department or agency

shall be obligated or expended to provide a personal cook, chauffeur,

or other personal servants to any officer or employee of such department or agency.

SEC. 513. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated

miles per gallon average of less than 22 miles per gallon.

SEC. 514. Such sums as may be necessary for fiscal year 1996

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

SEC. 515. None of the funds appropriated in title I of this

Act shall be used to enter into any new lease of real property

if the estimated annual rental is more than $300,000 unless the

Secretary submits, in writing, a report to the Committees on Appropriations of the Congress and a period of 30 days has expired

following the date on which the report is received by the Committees

on Appropriations.

SEC. 516. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 517. None of the funds appropriated in this Act may

be used to implement any cap on reimbursements to grantees

for indirect costs, except as published in Office of Management

and Budget Circular A–21.

SEC. 518. None of the funds made available in this Act may

be used for any program, project, or activity, when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any Federal law relating to risk assessment, the

protection of private property rights, or unfunded mandates.

SEC. 519. In fiscal year 1996, the Director of the Federal Emergency Management Agency shall sell the disaster housing inventory

of mobile homes and trailers, and the proceeds thereof shall be

deposited in the Treasury.

SEC. 520. Such funds as may be necessary to carry out the

orderly termination of the Office of Consumer Affairs shall be

made available from funds appropriated to the Department of

Health and Human Services for fiscal year 1996.

SEC. 521. Upon enactment of this Act, the provisions of section

201(b) of Public Law 104–99, except the last proviso, are superseded.

This Act may be cited as the ‘‘Departments of Veterans Affairs

and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1996’’.

Ante, p. 36.

Government

organization.

Reports.
110 STAT. 1321–311 PUBLIC LAW 104–134—APR. 26, 1996

TITLE II—SUPPLEMENTAL APPROPRIATIONS FOR THE

FISCAL YEAR ENDING SEPTEMBER 30, 1996

CHAPTER 1

DEPARTMENT OF AGRICULTURE

FOOD SAFETY AND INSPECTION SERVICE

Of the funds appropriated by Public Law 104–37 or otherwise

made available to the Food Safety and Inspection Service for fiscal

year 1996, not less than $363,000,000 shall be available for salaries

and benefits of in-plant personnel: Provided, That this limitation

shall not apply if the Secretary of Agriculture certifies to the House

and Senate Committees on Appropriations that a lesser amount

will be adequate to fully meet in-plant inspection requirements

for the fiscal year.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention

Operations’’ to repair damages to waterways and watersheds resulting from flooding in the Pacific Northwest, the Northeast blizzards

and floods, and other natural disasters, $80,514,000, to remain

available until expended: Provided, That if the Secretary determines

that the cost of land and farm structures restoration exceeds the

fair market value of an affected cropland, the Secretary may use

sufficient amounts, not to exceed $7,288,000, from funds provided

under this heading to accept bids from willing sellers to provide

conservation easements for such cropland inundated by floods as

provided for by the Wetlands Reserve Program, authorized by subchapter C of chapter 1 of subtitle D of title XII of the Food Security

Act of 1985 (16 U.S.C. 3837): Provided further, That the entire

amount shall be available only to the extent that an official budget

request for $80,514,000, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to Congress:

Provided further, That the entire amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

CONSOLIDATED FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural

Credit Act of 1978 (16 U.S.C. 2201–2205) for expenses resulting

from floods in the Pacific Northwest and other natural disasters,

$30,000,000, to remain available until expended, as authorized by

16 U.S.C. 2204: Provided, That the entire amount is designated

by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

President.

Certification.

Supplemental

Appropriations

Act of 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–312

RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For an additional amount for ‘‘Rural housing insurance fund

program account’’ for the additional cost of direct loans, including

the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, for emergency expenses resulting from

flooding in the Pacific Northwest, the Northeast blizzards and

floods, Hurricane Marilyn, and other natural disasters, to be available from funds in the rural housing insurance fund as follows:

$5,000,000 for section 502 direct loans and $1,500,000 for section

504 housing repair loans, to remain available until expended: Provided, That the entire amount is designated by Congress as an

emergency requirement pursuant to section 251(b)(2)(D)(i) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

VERY LOW-INCOME HOUSING REPAIR GRANTS

For an additional amount for ‘‘Very low-income housing repair

grants’’ under section 504 of the Housing Act of 1949, as amended,

for emergency expenses resulting from flooding in the Pacific Northwest, the Northeast blizzards and floods, Hurricane Marilyn, and

other natural disasters, $1,100,000, to remain available until

expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

RURAL UTILITIES SERVICE

RURAL UTILITIES ASSISTANCE PROGRAM

For an additional amount for the ‘‘Rural Utilities Assistance

Program’’ for the cost of direct loans and grants, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, to assist in the recovery from flooding

in the Pacific Northwest and other natural disasters, $11,000,000,

to remain available until expended: Provided, That such funds

may be available for emergency community water assistance grants

as authorized by 7 U.S.C. 1926b: Provided, That the entire amount

is designated by Congress as an emergency requirement pursuant

to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS

SECTION 2001. SEAFOOD SAFETY.

Notwithstanding any other provision of law, any domestic fish

or fish product produced in compliance with food safety standards

or procedures accepted by the Food and Drug Administration as

satisfying the requirements of the ‘‘Procedures for the Safe and

Sanitary Processing and Importing of Fish and Fish Products’’

(published by the Food and Drug Administration as a final regulation in the Federal Register of December 18, 1995), shall be deemed

to have met any inspection requirements of the Department of

Agriculture or other Federal agency for any Federal commodity
110 STAT. 1321–313 PUBLIC LAW 104–134—APR. 26, 1996

purchase program, including the program authorized under section

32 of the Act of August 24, 1935 (7 U.S.C. 612c) except that

the Department of Agriculture or other Federal agency may utilize

lot inspection to establish a reasonable degree of certainty that

fish or fish products purchased under a Federal commodity purchase

program, including the program authorized under section 32 of

the Act of August 24, 1935 (7 U.S.C. 612c), meet Federal product

specifications.

SEC. 2002.

Notwithstanding any other provision of law, the Secretary of

Agriculture is hereby authorized to make or guarantee an operating

loan under Subtitle B or an emergency loan under Subtitle C

of the Consolidated Farm and Rural Development Act (7 U.S.C.

1922 et. seq.), as in effect prior to April 4, 1996, to a loan applicant

who was less than 90 days delinquent on April 4, 1996, if the

loan applicant had submitted an application for the loan prior

to April 5, 1996.

CHAPTER 1A

FOOD AND DRUG EXPORT REFORM

SEC. 2101. SHORT TITLE; REFERENCE.

(a) SHORT TITLE.—This chapter may be cited as the ‘‘FDA

Export Reform and Enhancement Act of 1996’’.

(b) REFERENCE.—Wherever in this chapter (other than in section 2104) an amendment or repeal is expressed in terms of an

amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision

of the Federal Food, Drug, and Cosmetic Act. (21 U.S.C. 321 et

seq.)

SEC. 2102. EXPORT OF DRUGS AND DEVICES.

(a) IMPORTS FOR EXPORT.—Section 801 (21 U.S.C. 381) is

amended—

(1) in subsection (d), by adding at the end thereof the

following:

‘‘(3) No component of a drug, no component part or accessory

of a device which is ready or suitable for use for health-related

purposes, and no food additive, color additive, or dietary supplement, including a product in bulk form, shall be excluded from

importation into the United States under subsection (a) if—

‘‘(A) the importer of such article of a drug or device or

importer of the food additive, color additive, or dietary supplement submits a statement to the Secretary, at the time of

initial importation, that such article of a drug or device, food

additive, color additive, or dietary supplement is intended to

be incorporated by the initial owner or consignee into a drug,

biological product, device, food, food additive, color additive,

or dietary supplement that will be exported by such owner

or consignee from the United States in accordance with section

801(e) or 802 or section 351(h) of the Public Health Service

Act;

‘‘(B) the initial owner or consignee responsible for such

imported article maintains records that identify the use of

such imported article and upon request of the Secretary submits

a report that provides an accounting of the exportation or

Records.

Reports.

21 USC 301 note.

FDA Export

Reform and

Enhancement

Act of 1996.

7 USC 1941 note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–314

the disposition of the imported article, including portions that

have been destroyed, and the manner in which such person

complied with the requirements of this paragraph; and

‘‘(C) any imported component, part, or accessory of a drug

or device and any food additive, color additive, or dietary

supplement not incorporated as described in subparagraph (A)

is destroyed or exported by the owner or consignee.

‘‘(4) The importation into the United States of blood, blood

components, source plasma, or source leukocytes or of a component,

accessory, or part thereof is not permitted pursuant to paragraph

(3) unless the importation complies with section 351(a) of the Public

Health Service Act or the Secretary permits the importation under

appropriate circumstances and conditions, as determined by the

Secretary. The importation of tissue or a component or part of

tissue is not permitted pursuant to paragraph (3) unless the

importation complies with section 361 of the Public Health Service

Act.’’;

(b) EXPORT OF CERTAIN PRODUCTS.—Section 801 (21 U.S.C.

381) is amended—

(1) in subsection (e)(1), by striking the second sentence;

(2) in subsection (e)(2)—

(A) by striking ‘‘the Secretary’’ and inserting ‘‘either

(i) the Secretary’’; and

(B) by inserting before the period at the end thereof

the following: ‘‘or (ii) the device is eligible for export under

section 802’’; and

(3) in subsection (e), by adding at the end thereof the

following:;

‘‘(3) A new animal drug that requires approval under section

512 shall not be exported pursuant to paragraph (1) if such drug

has been banned in the United States.

‘‘(4)(A) Any person who exports a drug, animal drug, or device

may request that the Secretary—

‘‘(i) certify in writing that the exported drug, animal drug,

or device meets the requirements of paragraph (1) or section

802; or

‘‘(ii) certify in writing that the drug, animal drug, or device

being exported meets the applicable requirements of this Act

upon a showing that the drug or device meets the applicable

requirements of this Act.

The Secretary shall issue such a certification within 20 days of

the receipt of a request for such certification.

‘‘(B) If the Secretary issues a written export certification within

the 20 days prescribed by subparagraph (A), a fee for such certification may be charged but shall not exceed $175 for each certification. Fees collected for a fiscal year pursuant to this subparagraph

shall be credited to the appropriation account for salaries and

expenses of the Food and Drug Administration and shall be available in accordance with appropriations Acts until expended without

fiscal year limitation. Such fees shall be collected in each fiscal

year in an amount equal to the amount specified in appropriations

Acts for such fiscal year and shall only be collected and available

for the costs of the Food and Drug Administration.’’.

(c) LABELING OF EXPORTED DRUGS.—Section 801 (21 U.S.C.

381) is amended by adding at the end the following:

‘‘(f)(1) If a drug being exported in accordance with subsection

(e) is being exported to a country that has different or additional

Certification.
110 STAT. 1321–315 PUBLIC LAW 104–134—APR. 26, 1996

labeling requirements or conditions for use and such country

requires the drug to be labeled in accordance with those requirements or uses, such drug may be labeled in accordance with such

requirements and conditions for use in the country to which such

drug is being exported if it also is labeled in accordance with

the requirements of this Act.

‘‘(2) If, pursuant to paragraph (1), the labeling of an exported

drug includes conditions for use that have not been approved under

this Act, the labeling must state that such conditions for use have

not been approved under this Act.’’.

(d) EXPORT OF CERTAIN UNAPPROVED DRUGS AND DEVICES.— (1) AMENDMENT.—Section 802 (21 U.S.C. 382) is amended

to read as follows:

‘‘EXPORTS OF CERTAIN UNAPPROVED PRODUCTS

‘‘SEC. 802. (a) A drug or device—

‘‘(1) which, in the case of a drug—

‘‘(A)(i) requires approval by the Secretary under section

505 before such drug may be introduced or delivered for

introduction into interstate commerce; or

‘‘(ii) requires licensing by the Secretary under section

351 of the Public Health Service Act or by the Secretary

of Agriculture under the Act of March 4, 1913 (known

as the Virus-Serum Toxin Act) before it may be introduced

or delivered for introduction into interstate commerce;

‘‘(B) does not have such approval or license; and

‘‘(C) is not exempt from such sections or Act; and

‘‘(2) which, in the case of a device—

‘‘(A) does not comply with an applicable requirement

under section 514 or 515;

‘‘(B) under section 520(g) is exempt from either such

section; or

‘‘(C) is a banned device under section 516, is adulterated, misbranded, and in violation of such sections or Act

unless the export of the drug or device is, except as provided

in subsection (f), authorized under subsection (b), (c), (d),

or (e) or section 801(e)(2). If a drug or device described

in paragraphs (1) and (2) may be exported under subsection

(b) and if an application for such drug or device under

section 505 or 515 or section 351 of the Public Health

Service Act was disapproved, the Secretary shall notify

the appropriate public health official of the country to

which such drug will be exported of such disapproval.

‘‘(b)(1)(A) A drug or device described in subsection (a) may

be exported to any country, if the drug or device complies with

the laws of that country and has valid marketing authorization

by the appropriate authority—

‘‘(i) in Australia, Canada, Israel, Japan, New Zealand,

Switzerland, or South Africa; or

‘‘(ii) in the European Union or a country in the European

Economic Area (the countries in the European Union and the

European Free Trade Association) if the drug or device is

marketed in that country or the drug or device is authorized

for general marketing in the European Economic Area.

‘‘(B) The Secretary may designate an additional country to

be included in the list of countries described in clauses (i) and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–316

(ii) of subparagraph (A) if all of the following requirements are

met in such country:

‘‘(i) Statutory or regulatory requirements which require

the review of drugs and devices for safety and effectiveness

by an entity of the government of such country and which

authorize the approval of only those drugs and devices which

have been determined to be safe and effective by experts

employed by or acting on behalf of such entity and qualified

by scientific training and experience to evaluate the safety

and effectiveness of drugs and devices on the basis of adequate

and well-controlled investigations, including clinical investigations, conducted by experts qualified by scientific training and

experience to evaluate the safety and effectiveness of drugs

and devices.

‘‘(ii) Statutory or regulatory requirements that the methods

used in, and the facilities and controls used for—

‘‘(I) the manufacture, processing, and packing of drugs

in the country are adequate to preserve their identity,

quality, purity, and strength; and

‘‘(II) the manufacture, preproduction design validation,

packing, storage, and installation of a device are adequate

to assure that the device will be safe and effective.

‘‘(iii) Statutory or regulatory requirements for the reporting

of adverse reactions to drugs and devices and procedures to

withdraw approval and remove drugs and devices found not

to be safe or effective.

‘‘(iv) Statutory or regulatory requirements that the labeling

and promotion of drugs and devices must be in accordance

with the approval of the drug or device.

‘‘(v) The valid marketing authorization system in such country or countries is equivalent to the systems in the countries

described in clauses (i) and (ii) of subparagraph (A).

The Secretary shall not delegate the authority granted under this

subparagraph.

‘‘(C) An appropriate country official, manufacturer, or exporter

may request the Secretary to take action under subparagraph (B)

to designate an additional country or countries to be added to

the list of countries described in clauses (i) and (ii) of subparagraph

(A) by submitting documentation to the Secretary in support of

such designation. Any person other than a country requesting such

designation shall include, along with the request, a letter from

the country indicating the desire of such country to be designated.

‘‘(2) A drug described in subsection (a) may be directly exported

to a country which is not listed in clause (i) or (ii) of paragraph

(1)(A) if—

‘‘(A) the drug complies with the laws of that country and

has valid marketing authorization by the responsible authority

in that country; and

‘‘(B) the Secretary determines that all of the following

requirements are met in that country:

‘‘(i) Statutory or regulatory requirements which require

the review of drugs for safety and effectiveness by an

entity of the government of such country and which authorize the approval of only those drugs which have been

determined to be safe and effective by experts employed

by or acting on behalf of such entity and qualified by

scientific training and experience to evaluate the safety
110 STAT. 1321–317 PUBLIC LAW 104–134—APR. 26, 1996

and effectiveness of drugs on the basis of adequate and

well-controlled investigations, including clinical investigations, conducted by experts qualified by scientific training

and experience to evaluate the safety and effectiveness

of drugs.

‘‘(ii) Statutory or regulatory requirements that the

methods used in, and the facilities and controls used for

the manufacture, processing, and packing of drugs in the

country are adequate to preserve their identity, quality,

purity, and strength.

‘‘(iii) Statutory or regulatory requirements for the

reporting of adverse reactions to drugs and procedures

to withdraw approval and remove drugs found not to be

safe or effective.

‘‘(iv) Statutory or regulatory requirements that the

labeling and promotion of drugs must be in accordance

with the approval of the drug.

‘‘(3) The exporter of a drug described in subsection (a) which

would not meet the conditions for approval under this Act or conditions for approval of a country described in clause (i) or (ii) of

paragraph (1)(A) may petition the Secretary for authorization to

export such drug to a country which is not described in clause

(i) or (ii) of paragraph (1)(A) or which is not described in paragraph

(2). The Secretary shall permit such export if—

‘‘(A) the person exporting the drug—

‘‘(i) certifies that the drug would not meet the conditions for approval under this Act or the conditions for

approval of a country described in clause (i) or (ii) of

paragraph (1)(A); and

‘‘(ii) provides the Secretary with credible scientific evidence, acceptable to the Secretary, that the drug would

be safe and effective under the conditions of use in the

country to which it is being exported; and

‘‘(B) the appropriate health authority in the country to

which the drug is being exported—

‘‘(i) requests approval of the export of the drug to

such country;

‘‘(ii) certifies that the health authority understands

that the drug is not approved under this Act or in a

country described in clause (i) or (ii) of paragraph (1)(A);

and

‘‘(iii) concurs that the scientific evidence provided

pursuant to subparagraph (A) is credible scientific evidence

that the drug would be reasonably safe and effective in

such country.

The Secretary shall take action on a request for export of a drug

under this paragraph within 60 days of receiving such request.

‘‘(c) A drug or device intended for investigational use in any

country described in clause (i) or (ii) of subsection (b)(1)(A) may

be exported in accordance with the laws of that country and shall

be exempt from regulation under section 505(i) or 520(g).

‘‘(d) A drug or device intended for formulation, filling, packaging, labeling, or further processing in anticipation of market

authorization in any country described in clause (i) or (ii) of subsection (b)(1)(A) may be exported for use in accordance with the

laws of that country.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–318

‘‘(e)(1) A drug or device which is used in the diagnosis, prevention, or treatment of a tropical disease or another disease not

of significant prevalence in the United States and which does not

otherwise qualify for export under this section shall, upon approval

of an application, be permitted to be exported if the Secretary

finds that the drug or device will not expose patients in such

country to an unreasonable risk of illness or injury and the probable

benefit to health from the use of the drug or device (under conditions

of use prescribed, recommended, or suggested in the labeling or

proposed labeling of the drug or device) outweighs the risk of

injury or illness from its use, taking into account the probable

risks and benefits of currently available drug or device treatment.

‘‘(2) The holder of an approved application for the export of

a drug or device under this subsection shall report to the Secretary—

‘‘(A) the receipt of any credible information indicating that

the drug or device is being or may have been exported from

a country for which the Secretary made a finding under paragraph (1)(A) to a country for which the Secretary cannot make

such a finding; and

‘‘(B) the receipt of any information indicating adverse reactions to such drug.

‘‘(3)(A) If the Secretary determines that—

‘‘(i) a drug or device for which an application is approved

under paragraph (1) does not continue to meet the requirements

of such paragraph; or

‘‘(ii) the holder of an approved application under paragraph

(1) has not made the report required by paragraph (2),

the Secretary may, after providing the holder of the application

an opportunity for an informal hearing, withdraw the approved

application.

‘‘(B) If the Secretary determines that the holder of an approved

application under paragraph (1) or an importer is exporting a

drug or device from the United States to an importer and such

importer is exporting the drug or device to a country for which

the Secretary cannot make a finding under paragraph (1) and

such export presents an imminent hazard, the Secretary shall immediately prohibit the export of the drug or device to such importer,

provide the person exporting the drug or device from the United

States prompt notice of the prohibition, and afford such person

an opportunity for an expedited hearing.

‘‘(f) A drug or device may not be exported under this section—

‘‘(1) if the drug or device is not manufactured, processed,

packaged, and held in substantial conformity with current good

manufacturing practice requirements or does not meet international standards as certified by an international standards

organization recognized by the Secretary;

‘‘(2) if the drug or device is adulterated under clause (1),

(2)(A), or (3) of section 501(a) or subsection (c) or (d) of section

501;

‘‘(3) if the requirements of subparagraphs (A) through (D)

of section 801(e)(1) have not been met;

‘‘(4)(A) if the drug or device is the subject of a notice

by the Secretary or the Secretary of Agriculture of a determination that the probability of reimportation of the exported drug

or device would present an imminent hazard to the public

health and safety of the United States and the only means

Reports.
110 STAT. 1321–319 PUBLIC LAW 104–134—APR. 26, 1996

of limiting the hazard is to prohibit the export of the drug

or device; or

‘‘(B) if the drug or device presents an imminent hazard

to the public health of the country to which the drug or device

would be exported;

‘‘(5) if the drug or device is not labeled—

‘‘(A) in accordance with the requirements and conditions for use in—

‘‘(i) the country in which the drug or device

received valid marketing authorization under subsection (b); and

‘‘(ii) the country to which the drug or device would

be exported; and

‘‘(B) in the language and units of measurement of

the country to which the drug or device would be exported

or in the language designated by such country; or

‘‘(6) if the drug or device is not promoted in accordance

with the labeling requirements set forth in paragraph (5).

In making a finding under paragraph (4)(B), (5), or (6) the Secretary

shall consult with the appropriate public health official in the

affected country.

‘‘(g) The exporter of a drug or device exported under subsection

(b)(1) shall provide a simple notification to the Secretary identifying

the drug or device when the exporter first begins to export such

drug or device to any country listed in clause (i) or (ii) of subsection

(b)(1)(A). When an exporter of a drug or device first begins to

export a drug or device to a country which is not listed in clause

(i) or (ii) of subsection (b)(1)A), the exporter shall provide a simple

notification to the Secretary identifying the drug or device and

the country to which such drug or device is being exported. Any

exporter of a drug or device shall maintain records of all drugs

or devices exported and the countries to which they were exported.

‘‘(h) For purposes of this section—

‘‘(1) a reference to the Secretary shall in the case of a

biological product which is required to be licensed under the

Act of March 4, 1913 (37 Stat. 832–833) (commonly known

as the Virus-Serum Toxin Act) be considered to be a reference

to the Secretary of Agriculture, and

‘‘(2) the term ‘drug’ includes drugs for human use as well

as biologicals under section 351 of the Public Health Service

Act or the Act of March 4, 1913 (37 Stat. 832–833) (commonly

known as the Virus-Serum Toxin Act).’’.

(2) CONFORMING AMENDMENTS.—Section 351(h) of the Public Health Service Act (42 U.S.C. 262(h)) is amended by striking

‘‘802(b)(A)’’ and inserting ‘‘802(b)(1)’’ and by striking ‘‘802(b)(4)’’

and inserting ‘‘802(b)(1)’’.

SEC. 2103. PROHIBITED ACT.

Section 301 (21 U.S.C. 331) is amended—

(1) by redesignating the second subsection (u) as subsection

(v); and

(2) by adding at the end thereof the following:

‘‘(w) The making of a knowingly false statement in any record

or report required or requested under subparagraph (A) or (B)

of section 801(d)(3), the failure to submit or maintain records as

required by sections 801(d)(3)(A) and 801(d)(3)(B), the release into

interstate commerce of any article imported into the United States

Records.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–320

under section 801(d)(3) or any finished product made from such

article (except for export in accordance with section 801(e) or 802

or section 351(h) of the Public Health Service Act), or the failure

to export or destroy any component, part or accessory not incorporated into a drug, biological product or device that will be

exported in accordance with section 801(e) or 802 or section 351(h)

of the Public Health Service Act.’’.

SEC. 2104. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.

Subsection (h) of section 351 of the Public Health Service Act

(42 U.S.C. 262) is amended to read as follows:

‘‘(h) A partially processed biological product which—

‘‘(1) is not in a form applicable to the prevention, treatment,

or cure of diseases or injuries of man;

‘‘(2) is not intended for sale in the United States; and

‘‘(3) is intended for further manufacture into final dosage

form outside the United States,

shall be subject to no restriction on the export of the product

under this Act or the Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321 et. seq.) if the product is manufactured, processed,

packaged, and held in conformity with current good manufacturing

practice requirements or meets international manufacturing standards as certified by an international standards organization recognized by the Secretary and meets the requirements of section

801(e)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

381(e)).’’.

SEC. 2105. (a) IN GENERAL.—Any owner on the date of enactment of this Act of the right to market a nonsteroidal

antiinflammatory drug that—

(1) contains a previously patented active agent;

(2) has been reviewed by the Federal Food and Drug

Administration for a period of more than 120 months as a

new drug application; and

(3) was approved as safe and effective by the Federal

Food and Drug Administration on October 29, 1992,

shall be entitled, for the 2-year period beginning on October 29,

1997, to exclude others from making, using, offering for sale, selling,

or importing into the United States such active agent, in accordance

with section 154(a)(1) of title 35, United States Code.

(b) INFRINGEMENT.—Section 271 of title 35, United States Code

shall apply to the infringement of the entitlement provided under

subsection (a). No application described in section 271(e)(2)(A) of

title 35, United States Code, regardless of purpose, may be submitted prior to the expiration of the entitlement provided under subsection (a).

(c) NOTIFICATION.—Not later than 30 days after the date of

the enactment of this Act, any owner granted an entitlement under

subsection (a) shall notify the Commissioner of Patents and Trademarks and the Secretary for Health and Human Services of such

entitlement. Not later than 7 days after the receipt of such notice,

the Commissioner and the Secretary shall publish an appropriate

notice of the receipt of such notice.

Publication.
110 STAT. 1321–321 PUBLIC LAW 104–134—APR. 26, 1996

CHAPTER 2

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For an additional amount for emergency expenses including

mitigation relating to flooding and other natural disasters,

$18,000,000, to remain available until expended, for grants and

related expenses pursuant to the Public Works and Economic Development Act of 1965, as amended, and for administrative expenses

which may be transferred to and merged with the appropriations

for ‘‘Salaries and expenses’’: Provided, That the entire amount is

hereby designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended: Provided further, That

the entire amount shall be available only to the extent an official

budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted to Congress.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for emergency

expenses resulting from flooding in the Pacific Northwest and other

natural disasters, $7,500,000, to remain available until expended:

Provided, That the entire amount is hereby designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

RELATED AGENCY

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for ‘‘Disaster Loans Program

Account’’, $71,000,000 for the cost of direct loans, to remain available until expended: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of

the Congressional Budget Act of 1974; and for administrative

expenses to carry out the disaster loan program, $29,000,000, to

remain available until expended: Provided, That both amounts are

hereby designated by Congress as emergency requirements pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–322

CHAPTER 3

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

GENERAL INVESTIGATIONS

Any funds heretofore appropriated and made available in Public

Law 102–104 and Public Law 102–377 to carry out the provisions

for the project for navigation, St. Louis Harbor, Missouri and Illinois; may be utilized by the Secretary of the Army in carrying

out the Upper Mississippi and Illinois Waterway System Navigation

Study, Iowa, Illinois, Missouri, Wisconsin, Minnesota, in fiscal year

1996 or until expended.

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for ‘‘Operation and Maintenance,

General’’, for the Northeast and Northwest floods of 1996,

$30,000,000, to remain available until expended: Provided, That

the entire amount is designated by Congress as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, for the Northeast and Northwest floods of 1996 and other

disasters, and to replenish funds transferred pursuant to Public

Law 84–99, $135,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an

emergency requirement pursuant to section 251(b)(D)(2)(i) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

CONSTRUCTION PROGRAM

For an additional amount for ‘‘Construction Program’’,

$9,000,000, to remain available until expended: Provided, That

the entire amount is designated by Congress as an emergency

requirement pursuant to section 251(b)(D)(2)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

OTHER DEFENSE ACTIVITIES

For an additional amount for ‘‘Other Defense Activities’’, for

the Materials Protection, Control and Accounting program,

$15,000,000 to remain available until expended, not withstanding

any other provision of law.
110 STAT. 1321–323 PUBLIC LAW 104–134—APR. 26, 1996

POWER MARKETING ADMINISTRATIONS

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

(TRANSFER OF FUNDS)

$5,500,000 of funds appropriated under this heading in the

Energy and Water Development Appropriations Act, 1995 (Public

Law 103–316), shall be transferred to the appropriation account

‘‘Operation and Maintenance, Alaska Power Administration’’, to

remain available until expended, only for necessary termination

expenses.

CHAPTER 4

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED

PROGRAMS

FUNDS APPROPRIATED TO THE PRESIDENT

UNANTICIPATED NEEDS

UNANTICIPATED NEEDS FOR DEFENSE OF ISRAEL AGAINST

TERRORISM

For emergency expenses necessary to meet unanticipated needs

for the acquisition and provision of goods, services, and/or grants

for Israel necessary to support the eradication of terrorism in and

around Israel, $50,000,000: Provided, That none of the funds appropriated in this paragraph shall be available for obligation except

through the regular notification procedures of the Committees on

Appropriations: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to

section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

MILITARY ASSISTANCE

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’ for grants for Jordan pursuant to section 23 of the Arms

Export Control Act, $70,000,000: Provided, That such funds may

be used for Jordan to finance transfers by lease of defense articles

under chapter 6 of such Act.

CHAPTER 5

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

CONSTRUCTION AND ACCESS

For an additional amount for ‘‘Construction and Access’’,

$5,000,000, to remain available until expended, to repair roads,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–324

culverts, bridges, facilities, fish and wildlife protective structures,

and recreation sites, damaged due to the Pacific Northwest flooding:

Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That $758,000 of this amount shall

be available only to the extent an official budget request, for a

specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement pursuant to

section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

OREGON AND CALIFORNIA GRANT LANDS

For an additional amount for ‘‘Oregon and California Grant

Lands’’, $35,000,000, to remain available until expended, to repair

roads, culverts, bridges, facilities, fish and wildlife protective structures, and recreation sites, damaged due to the Pacific Northwest

flooding: Provided, That Congress hereby designates this amount

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That $15,452,000 of this amount

shall be available only to the extent an official budget request,

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement pursuant to

section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for Resource Management, $1,600,000, to remain available until expended, to provide technical

assistance to the Natural Resource Conservation Service, the Federal Emergency Management Agency, the United States Army

Corps of Engineers and other agencies on fish and wildlife habitat

issues related to damage caused by floods, storms and other acts

of nature: Provided, That the entire amount shall be available

only to the extent that an official budget request for a specific

dollar amount, that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended,

is transmitted by the President to Congress: Provided further, That

the entire amount is designated by Congress as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $37,300,000, to

remain available until expended, to repair damage caused by hurricanes, floods and other acts of nature, and to protect natural

resources Provided, That Congress hereby designates this amount

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

President.

President.
110 STAT. 1321–325 PUBLIC LAW 104–134—APR. 26, 1996

as amended: Provided further, That $16,795,000 of this amount

shall be available only to the extent an official budget request,

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement pursuant to

section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

NATIONAL PARK SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $47,000,000, to

remain available until expended, to repair damage caused by hurricanes, floods and other acts of nature: Provided that Congress

hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended: Provided further, That

$13,399,000 of this amount shall be available only to the extent

an official budget request, for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended,

is transmitted by the President to the Congress.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, investigations, and research’’, $2,000,000, to remain available until September 30, 1997,

for the costs related to hurricanes, floods and other acts of nature:

Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $824,000 of this amount shall be available only to the extent an official budget request, for a specific

dollar amount, that includes designation of the entire amount of

the request as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For an additional amount for ‘‘Operation of Indian Programs’’, $500,000, to remain available until September 30, 1997, for emergency operations and repairs related to winter floods: Provided,

That the entire amount is designated by Congress as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $16,500,000, to

remain available until expended, for emergency repairs related

to winter floods: Provided, That Congress hereby designates this

amount as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit ConPresident.

President.

President.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–326

trol Act of 1985, as amended: Provided further, That $7,072,000

of this amount shall be available only to the extent an official

budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

TERRITORIAL AND INTERNATIONAL AFFAIRS

ASSISTANCE TO TERRITORIES

For an additional amount for ‘‘Assistance to Territories’’,

$13,000,000, to remain available until expended, for recovery efforts

from Hurricane Marilyn: Provided, That Congress hereby designates

this amount as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $11,000,000

of this amount shall be available only to the extent an official

budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’,

$26,600,000, to remain available until expended, to repair damage

caused by hurricanes, floods and other acts of nature: Provided

that Congress hereby designates this amount as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended:

Provided further, That $6,600,000 of this amount shall be available

only to the extent an official budget request, for a specific dollar

amount, that includes designation of the entire amount of the

request as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President

to the Congress.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $60,800,000, to

remain available until expended: Provided, That Congress hereby

designates this amount as an emergency requirement pursuant

to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended: Provided further, That

$20,800,000 of this amount shall be available only to the extent

an official budget request, for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended,

is transmitted by the President to the Congress.

President.

President.

President.

President.
110 STAT. 1321–327 PUBLIC LAW 104–134—APR. 26, 1996

CHAPTER 6

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

For an additional amount for ‘‘North Atlantic Treaty Organiza- tion Security Investment Program’’, $37,500,000, to remain available until expended: Provided, That the Secretary of Defense may

make additional contributions for the North Atlantic Treaty

Organization as provided in section 2806 of title 10, United States

Code: Provided further, That such amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

GENERAL PROVISION

SEC. 2601. LAND CONVEYANCE, U.S. ARMY RESERVE, GREENSBORO,

ALABAMA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey, without consideration, to Hale County, Alabama, all right,

title, and interest of the United States in and to a parcel of real

property consisting of approximately 5.17 acres and located in

Greensboro, Alabama, that was conveyed by Hale County, Alabama,

to the United States by warranty deed dated September 12, 1988.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property conveyed under subsection (a) shall

be as described in the deed referred to in that subsection.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

CHAPTER 7

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’,

$257,200,000: Provided, That such amount is designated by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’,

$11,700,000: Provided, That such amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–328

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine

Corps’’, $2,600,000: Provided, That such amount is designated by

Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’,

$27,300,000: Provided, That such amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $241,500,000: Provided, That such amount is designated

by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $900,000: Provided, That such amount is designated

by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $173,000,000: Provided, That such amount is designated

by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $79,800,000: Provided, That such amount is designated by Congress as an emergency requirement pursuant to

section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

PROCUREMENT

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$26,000,000: Provided, That such amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.
110 STAT. 1321–329 PUBLIC LAW 104–134—APR. 26, 1996

GENERAL PROVISIONS

(TRANSFER OF FUNDS)

SEC. 2701. Section 8005 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61), is amended by striking

out ‘‘$2,400,000,000’’ and inserting in lieu thereof ‘‘$3,100,000,000’’:

Provided, That the additional transfer authority provided herein

shall be available only to the extent funds are transferred, or

have been transferred, during the current fiscal year to cover the

costs associated with United States military operations in support

of the NATO-led Peace Implementation Force (IFOR) in and around

the former Yugoslavia.

SEC. 2702. Notwithstanding any other provision of law, funds

appropriated in the Department of Defense Appropriations Act,

1996 (Public Law 104–61) under the heading ‘‘Aircraft Procurement,

Air Force’’ may be obligated for advance procurement and procurement of F–15E aircraft.

SEC. 2703. (a) Funds appropriated under the heading, ‘‘Aircraft

Procurement, Air Force’’, in Public Laws 104–61, 103–335 and

103–139 that are or remain available for C–17 airframes, C–17

aircraft engines, and complementary widebody aircraft/NDAA may

be used for multiyear procurement contracts for C–17 aircraft:

Provided, That the duration of multiyear contracts awarded under

the authority of this subsection may be for a period not to exceed

seven program years, notwithstanding section 2306b(k) of title 10,

United States Code: Provided further, That the funds referred to

in this subsection also may be used for advance procurement for

up to ten C–17 aircraft in fiscal year 1997: Provided further, That

the advance procurement funds referred to in this subsection may

be used to fund Economic Order Quantities for up to eighty aircraft.

(b) Immediately upon enactment of this Act, the Secretary

of Defense shall enter into negotiations with the C–17 aircraft

and engine prime contractors for a baseline fixed price contract

for multiyear procurement of eighty C–17 aircraft over a period

of seven program years, and alternatives for multiyear procurement

of eighty C–17 aircraft over a period of six program years.

(c) The authority to award a multiyear contract as provided

in subsection (a) shall not be effective until the Secretary of Defense

certifies to the Congressional defense committees that the Air Force

will realize a savings of more than 5 percent in the total flyaway

price for the eighty C–17 aircraft under a C–17 multiyear contract

as compared to annual lot procurement of the aircraft at the maximum affordable rate profile approved in the November 3, 1995,

Acquisition Decision Memorandum: Provided, That these savings

shall exceed the estimates presented in the ‘‘Multiyear Procurement

Criteria Program: C–17’’ documents submitted pursuant to the

request for a fiscal year 1996 supplemental appropriation transmitted to the Congress.

(d) The authority under subsection (a) may not be used to

execute a multiyear procurement contract until the earlier of (1)

May 24, 1996, or (2) the day after the date of the enactment

of an Act that contains a provision authorizing the Department

of Defense to enter into a multiyear contract for the C–17 aircraft

program.

(e) Not later than May 24, 1996, the Secretary of Defense

shall submit to the Congressional defense committees a report

providing a detailed program plan for the six-year multiyear

Reports.

Certification.

Contracts.

109 Stat. 652.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–330

procurement program; such report also shall include the latest

estimate of any additional savings potentially generated from such

an accelerated multiyear procurement of C–17 aircraft.

SEC. 2704. In addition to the amounts made available in Public

Law 104–61 under the heading ‘‘Research, Development, Test and

Evaluation, Defense-Wide’’, $50,000,000 is hereby appropriated and

made available to continue the activities of the semiconductor manufacturing consortium known as Sematech.

(TRANSFER OF FUNDS)

SEC. 2705. Of the funds appropriated in title II of Public Law

104–61, under the heading ‘‘Overseas Humanitarian, Disaster, and

Civic Aid’’, for training and activities related to the clearing of

landmines for humanitarian purposes, up to $15,000,000 may be

transferred to ‘‘Operation and Maintenance, Defense-Wide’’, to be

available for the payment of travel, transportation and subsistence

expenses of Department of Defense personnel incurred in carrying

out humanitarian assistance activities related to the detection and

clearance of landmines.

SEC. 2706. Notwithstanding any other provision of law,

$15,000,000 of the amount made available in title II, under the

heading ‘‘Operation and Maintenance, Army’’ in Public Law 104–

61 shall be paid to National Presto Industries, Inc. for the purpose

of environmental restoration at the National Presto Industries,

Inc. site in Eau Claire, Wisconsin, in recognition of the 1988 Agreement between the Department of the Army and National Presto

Industries, Inc.

SEC. 2707. (a)(1) Section 1177 of title 10, United States Code,

relating to mandatory discharge or retirement of members of the

Armed Forces infected with HIV–1 virus, is repealed.

(2) The table of sections at the beginning of chapter 59 of

such title is amended by striking out the item relating to section

1177.

(b) Subsection (b) of section 567 of the National Defense

Authorization Act for Fiscal Year 1996 is repealed.

SEC. 2708. In addition to the amounts made available in title

II of Public Law 104–61, under the heading ‘‘Operation and Maintenance, Air Force’’, $44,900,000 is hereby appropriated and made

available for the operation and maintenance of 94 B–52H bomber

aircraft in active status or in attrition reserve.

SEC. 2709. In addition to the amounts made available in title

IV of Public Law 104–61, under the heading ‘‘Research, Development, Test and Evaluation, Navy’’, $10,000,000 is hereby appropriated and made available for Shallow Water Mine Countermeasure Demonstrations, of which $5,000,000 shall be made available for the Advanced Lightweight Influence Sweep System Development program.

(TRANSFER OF FUNDS)

SEC. 2710. Of the funds appropriated or otherwise made available in title VI of Public Law 104–61, under the heading ‘‘Defense

Health Program’’, $8,000,000 are transferred to and merged with

funds appropriated or otherwise made available under title IV

of that Act under the heading ‘‘Research, Development, Test and

Evaluation, Army’’ and shall be available only for obligation and

expenditure for advanced research into neurofibromatosis.

10 USC 1177

note.

AIDS.
110 STAT. 1321–331 PUBLIC LAW 104–134—APR. 26, 1996

SEC. 2711. Of the funds available to the Department of Defense

in title VI, Public Law 104–61, under the heading ‘‘Drug Interdiction

and Counter-Drug Activities, Defense’’, $220,000 shall be made

available only for the procurement of Kevlar vests for personal

protection of counter-drug personnel: Provided, That notwithstanding any other provision of law, the Department is authorized to

transfer these Kevlar vests to local counter-drug personnel in high

crime areas.

SEC. 2712. Before the period at the end of section 8105 of

Public Law 104–61, insert the following: ‘‘: Provided, That the

Department of Defense shall release to the Department of the

Air Force all such funds not later than May 31, 1996, and the

Air Force shall obligate all such funds in compliance with this

section not later than June 30, 1996’’.

CHAPTER 8

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

The first proviso under the head ‘‘Payments to Air Carriers’’

in Title I of the Department of Transportation and Related Agencies

Appropriations Act, 1996 (Public Law 104–50), is amended to read

as follows: ‘‘Provided, That none of the funds in this Act shall

be available for the implementation or execution of programs in

excess of $22,600,000 from the Airport and Airway Trust Fund

for the Payments to Air Carriers program in fiscal year 1996:’’.

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

For the Emergency Fund authorized by 23 U.S.C. 125 to cover

expenses arising from the January 1996 flooding in the Mid-Atlantic, Northeast, and Northwest States and other disasters,

$300,000,000, to be derived from the Highway Trust Fund and

to remain available until expended: Provided, That the entire

amount shall be available only to the extent that an official budget

request for a specific dollar amount, that includes designation of

the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That such amount is designated by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the provisions

of 23 U.S.C. 125(b)(1) shall not apply to projects relating to the

January 1996 flooding in the Mid-Atlantic, Northeast, and Northwest States.

President.

109 Stat. 437.

109 Stat. 673.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–332

FEDERAL TRANSIT ADMINISTRATION

MASS TRANSIT CAPITAL FUND

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For an additional amount for payment of obligations incurred

in carrying out 49 U.S.C. 5338(b) administered by the Federal

Transit Administration, $375,000,000, to be derived from the Highway Trust Fund and to remain available until expended.

OTHER INDEPENDENT AGENCIES

PANAMA CANAL COMMISSION

PANAMA CANAL REVOLVING FUND

For an additional amount for administrative expenses,

$2,000,000, to be derived from the Panama Canal Revolving Fund.

GENERAL PROVISIONS

SEC. 2801. Notwithstanding any other provision of law, limitations deducted pursuant to the provisions of section 310 of the

Department of Transportation and Related Agencies Appropriations

Act, 1996, for discretionary programs and the limitation on general

operating expenses for both annual and no-year programs, not

to exceed $28,000,000 shall be available for making obligations

for construction of a new Hannibal Bridge in Hannibal, Missouri:

Provided further, That such limitation shall be restored to categories

from which it was transferred before making redistribution of

obligation in August of 1996 as provided by section 310 of the

Act.

SEC. 2802. Notwithstanding any other provision of law, of the

funds identified for distribution to the State of Vermont and the

Marble Valley Regional Transit District in the matter under the

heading ‘‘HIGHWAY TRUST FUND’’, under the heading ‘‘LIMITATION

ON OBLIGATIONS’’, under the heading ‘‘DISCRETIONARY GRANTS’’ in

the explanatory statement for the conference report to accompany

H.R. 2002, House of Representatives report numbered 104–286,

an amount not to exceed $3,500,000 may be used for improvements

to support commuter rail operations on the Clarendon-Pittsford

rail line between White Hall, New York, and Rutland, Vermont.

SEC. 2803. In amending parts 119, 121, 125, or 135 of title

14, Code of Federal Regulations in a manner affecting intrastate

aviation in Alaska, the Administrator of the Federal Aviation

Administration shall consider the extent to which Alaska is not

served by transportation modes other than aviation, and shall establish such regulatory distinctions as the Administrator deems appropriate effective through June 1, 1997.

SEC. 2804. Notwithstanding any other provision of law,

$23,909,325 funds made available under Public Law 103–122

together with $21,534,347 funds made available under Public Law

103–331 for the ‘‘Chicago Central Area Circulator Project’’ shall

be available only for the purposes of constructing a 5.2 mile light

rail loop within the downtown Chicago business district as described
110 STAT. 1321–333 PUBLIC LAW 104–134—APR. 26, 1996

in the full funding grant agreement signed on December 15, 1994,

and shall not be available for any other purposes.

CHAPTER 9

TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Salaries and Expenses,’’

$3,400,000.

GENERAL PROVISIONS

SEC. 2901. Title I of Public Law 104–52 is hereby amended

by deleting ‘‘, not to exceed $1,406,000,’’ under the heading ‘‘CUSTOMS SERVICES AT SMALL AIRPORTS’’.

SEC. 2902. Title I of Public Law 104–52 is hereby amended

by adding the following new section under the heading ‘‘ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE’’:

‘‘SEC. 3. The funds provided in this Act shall be used to provide

a level of service, staffing, and funding for Taxpayer Services Division operations which is not less than that provided in fiscal year

1995.’’.

SEC. 2903. Title III of Public Law 104–52 is hereby amended

by adding the following proviso before the last period under the

heading ‘‘OFFICE OF NATIONAL DRUG CONTROL POLICY, SALARIES AND

EXPENSES’’: ‘‘: Provided, That of the amounts available to the

Counter-Drug Technology Assessment Center, no less than

$1,000,000 shall be dedicated to conferences on model state drug

laws’’.

SEC. 2904. COMPOSITION OF NATIONAL COMMISSION ON

RESTRUCTURING THE INTERNAL REVENUE SERVICE.

(a) IN GENERAL.—Section 637(b)(2) of the Treasury, Postal Service, and General Government Appropriations Act, 1996 (Public Law

104–52, 109 Stat. 509) is amended—

(1) by striking ‘‘thirteen’’ and inserting ‘‘seventeen’’, and

(2) in subparagraphs (B) and (D)—

(A) by striking ‘‘Two’’ and inserting ‘‘Four’’, and

(B) by striking ‘‘one from private life’’ and inserting

‘‘three from private life’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect as if included in the provisions of the Treasury,

Postal Service, and General Government Appropriations Act, 1996.

26 USC 7801

note.

26 USC 7801

note.

109 Stat. 479.

109 Stat. 474.

109 Stat. 473.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–334

CHAPTER 10

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND

URBAN DEVELOPMENT AND INDEPENDENT AGENCIES

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT GRANTS

For an additional amount for ‘‘Community development grants’’, $50,000,000, to remain available until September 30, 1998, for

emergency expenses and repairs related to recent Presidentially

declared flood disasters, including up to $10,000,000 which may

be for rental subsidy contracts under the section 8 existing housing

certificate program and the housing voucher program under section

8 of the United States Housing Act of 1937, as amended, except

that such amount shall be available only for temporary housing

assistance, not in excess of one year in duration, and shall not

be subject to renewal: Provided, That the entire amount shall

be available only to the extent that an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to Congress:

Provided further, That the entire amount is designated by Congress

as an emergency requirement pursuant to section 251(b)(2)(D)(i)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

Of the funds made available under this heading in Public

Law 104–19 up to $104,000,000 may be transferred to the Disaster

Assistance Direct Loan Program Account for the cost of direct

loans as authorized under section 417 of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.): Provided, That such transfer may be made to subsidize

gross obligations for the principal amount of direct loans not to

exceed $119,000,000 under section 417 of the Stafford Act: Provided

further, That any such transfer of funds shall be made only upon

certification by the Director of the Federal Emergency Management

Agency that all requirements of section 417 of the Stafford Act

will be complied with: Provided further, That the entire amount

of this appropriation shall be available only to the extent that

an official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to Congress: Provided further, That the entire amount

is designated by Congress as an emergency requirement pursuant

to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

President.

President.
110 STAT. 1321–335 PUBLIC LAW 104–134—APR. 26, 1996

GENERAL PROVISIONS

SEC. 21101. In administering funds provided in this title for

domestic assistance, the Secretary of any involved department may

waive or specify alternative requirements for any provision of any

statute or regulation that the Secretary administers in connection

with the obligation by the Secretary or any use of the recipient

of these funds, except for the requirement related to civil rights,

fair housing and nondiscrimination, the environment, and labor

standards, upon finding that such waiver is required to facilitate

the obligation and use of such funds would not be inconsistent

with the overall purpose of the statute or regulation.

SEC. 21102. No part of any appropriation contained in this

title shall remain available for obligation beyond the current fiscal

year unless expressly so provided herein.

SEC. 21103. Notwithstanding section 106 of Public Law 104–

99, sections 118, 121, and 129 of Public Law 104–99 shall remain

in effect as if enacted as part of this Act.

SEC. 21104. The President may make available funds for assistance activities under titles II and IV of P. L. 104–107, beginning

immediately upon enactment of this Act and without regard to

monthly apportionment limitations, notwithstanding the provisions

of section 518A of such Act, if he determines and reports to the

Congress that the effects of the restrictions contained in that section

would be that the demand for family planning services would be

less likely to be met and that there would be a significant increase

in abortions than would otherwise be the case in the absence

of such restrictions; Provided, That none of the funds appropriated

or otherwise made available in P. L. 104–107 may be made available

for obligation for the major foreign donor federation of international

population assistance except through the regular notifications procedures of the Committees on Appropriations.

This title may be cited as the ‘‘Supplemental Appropriations

Act of 1996’’.

TITLE III

RESCISSIONS AND OFFSETS

CHAPTER 1

ENERGY AND WATER DEVELOPMENT

SUBCHAPTER A—UNITED STATES ENRICHMENT CORPORATION

PRIVATIZATION

SEC. 3101. SHORT TITLE.

This subchapter may be cited as the ‘‘USEC Privatization Act’’.

SEC. 3102. DEFINITIONS.

For purposes of this subchapter:

(1) The term ‘‘AVLIS’’ means atomic vapor laser isotope

separation technology.

(2) The term ‘‘Corporation’’ means the United States

Enrichment Corporation and, unless the context otherwise

requires, includes the private corporation and any successor

thereto following privatization.

42 USC 2297h.

42 USC 2011

note.

USEC

Privatization Act.

Reports.

Ante, p. 27, 30,

34.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–336

(3) The term ‘‘gaseous diffusion plants’’ means the Paducah

Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.

(4) The term ‘‘highly enriched uranium’’ means uranium

enriched to 20 percent or more of the uranium-235 isotope.

(5) The term ‘‘low-enriched uranium’’ means uranium

enriched to less than 20 percent of the uranium-235 isotope,

including that which is derived from highly enriched uranium.

(6) The term ‘‘low-level radioactive waste’’ has the meaning

given such term in section 2(9) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021b(9)).

(7) The term ‘‘private corporation’’ means the corporation

established under section 3105.

(8) The term ‘‘privatization’’ means the transfer of ownership of the Corporation to private investors.

(9) The term ‘‘privatization date’’ means the date on which

100 percent of the ownership of the Corporation has been

transferred to private investors.

(10) The term ‘‘public offering’’ means an underwritten

offering to the public of the common stock of the private corporation pursuant to section 3104.

(11) The ‘‘Russian HEU Agreement’’ means the Agreement

Between the Government of the United States of America and

the Government of the Russian Federation Concerning the

Disposition of Highly Enriched Uranium Extracted from

Nuclear Weapons, dated February 18, 1993.

(12) The term ‘‘Secretary’’ means the Secretary of Energy.

(13) The ‘‘Suspension Agreement’’ means the Agreement

to Suspend the Antidumping Investigation on Uranium from

the Russian Federation, as amended.

(14) The term ‘‘uranium enrichment’’ means the separation

of uranium of a given isotopic content into 2 components, 1

having a higher percentage of a fissile isotope and 1 having

a lower percentage.

SEC. 3103. SALE OF THE CORPORATION.

(a) AUTHORIZATION.—The Board of Directors of the Corporation,

with the approval of the Secretary of the Treasury, shall transfer

the interest of the United States in the United States Enrichment

Corporation to the private sector in a manner that provides for

the long-term viability of the Corporation, provides for the continuation by the Corporation of the operation of the Department of

Energy’s gaseous diffusion plants, provides for the protection of

the public interest in maintaining a reliable and economical domestic source of uranium mining, enrichment and conversion services,

and, to the extent not inconsistent with such purposes, secures

the maximum proceeds to the United States.

(b) PROCEEDS.—Proceeds from the sale of the United States’

interest in the Corporation shall be deposited in the general fund

of the Treasury.

SEC. 3104. METHOD OF SALE.

(a) AUTHORIZATION.—The Board of Directors of the Corporation,

with the approval of the Secretary of the Treasury, shall transfer

ownership of the assets and obligations of the Corporation to the

private corporation established under section 3105 (which may be

consummated through a merger or consolidation effected in accordance with, and having the effects provided under, the law of the

42 USC 2297h–2.

42 USC 2297h–1.
110 STAT. 1321–337 PUBLIC LAW 104–134—APR. 26, 1996

State of incorporation of the private corporation, as if the Corporation were incorporated thereunder).

(b) BOARD DETERMINATION.—The Board, with the approval of

the Secretary of the Treasury, shall select the method of transfer

and establish terms and conditions for the transfer that will provide

the maximum proceeds to the Treasury of the United States and

will provide for the long-term viability of the private corporation,

the continued operation of the gaseous diffusion plants, and the

public interest in maintaining reliable and economical domestic

uranium mining and enrichment industries.

(c) ADEQUATE PROCEEDS.—The Secretary of the Treasury shall

not allow the privatization of the Corporation unless before the

sale date the Secretary of the Treasury determines that the method

of transfer will provide the maximum proceeds to the Treasury

consistent with the principles set forth in section 3103(a).

(d) APPLICATION OF SECURITIES LAWS.—Any offering or sale

of securities by the private corporation shall be subject to the

Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities

Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the provisions

of the Constitution and laws of any State, territory, or possession

of the United States relating to transactions in securities.

(e) EXPENSES.—Expenses of privatization shall be paid from

Corporation revenue accounts in the United States Treasury.

SEC. 3105. ESTABLISHMENT OF PRIVATE CORPORATION.

(a) INCORPORATION.—(1) The directors of the Corporation shall

establish a private for-profit corporation under the laws of a State

for the purpose of receiving the assets and obligations of the Corporation at privatization and continuing the business operations

of the Corporation following privatization.

(2) The directors of the Corporation may serve as incorporators

of the private corporation and shall take all steps necessary to

establish the private corporation, including the filing of articles

of incorporation consistent with the provisions of this subchapter.

(3) Employees and officers of the Corporation (including members of the Board of Directors) acting in accordance with this

section on behalf of the private corporation shall be deemed to

be acting in their official capacities as employees or officers of

the Corporation for purposes of section 205 of title 18, United

States Code.

(b) STATUS OF THE PRIVATE CORPORATION.—(1) The private

corporation shall not be an agency, instrumentality, or establishment of the United States, a Government corporation, or a Government-controlled corporation.

(2) Except as otherwise provided by this subchapter, financial

obligations of the private corporation shall not be obligations of,

or guaranteed as to principal or interest by, the Corporation or

the United States, and the obligations shall so plainly state.

(3) No action under section 1491 of title 28, United States

Code, shall be allowable against the United States based on actions

of the private corporation.

(c) APPLICATION OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS.—Beginning on the privatization date, the restrictions stated

in section 207 (a), (b), (c), and (d) of title 18, United States Code,

shall not apply to the acts of an individual done in carrying out

official duties as a director, officer, or employee of the private

corporation, if the individual was an officer or employee of the

42 USC 2297h–3.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–338

Corporation (including a director) continuously during the 45 days

prior to the privatization date.

(d) DISSOLUTION.—In the event that the privatization does not

occur, the Corporation will provide for the dissolution of the private

corporation within 1 year of the private corporation’s incorporation

unless the Secretary of the Treasury or his delegate, upon the

Corporation’s request, agrees to delay any such dissolution for an

additional year.

SEC. 3106. TRANSFERS TO THE PRIVATE CORPORATION.

Concurrent with privatization, the Corporation shall transfer

to the private corporation—

(1) the lease of the gaseous diffusion plants in accordance

with section 3107,

(2) all personal property and inventories of the Corporation,

(3) all contracts, agreements, and leases under section

3108(a),

(4) the Corporation’s right to purchase power from the

Secretary under section 3108(b),

(5) such funds in accounts of the Corporation held by

the Treasury or on deposit with any bank or other financial

institution as approved by the Secretary of the Treasury, and

(6) all of the Corporation’s records, including all of the

papers and other documentary materials, regardless of physical

form or characteristics, made or received by the Corporation.

SEC. 3107. LEASING OF GASEOUS DIFFUSION FACILITIES.

(a) TRANSFER OF LEASE.—Concurrent with privatization, the

Corporation shall transfer to the private corporation the lease of

the gaseous diffusion plants and related property for the remainder

of the term of such lease in accordance with the terms of such

lease.

(b) RENEWAL.—The private corporation shall have the exclusive

option to lease the gaseous diffusion plants and related property

for additional periods following the expiration of the initial term

of the lease.

(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF HIGHLY

ENRICHED URANIUM.—The Secretary shall not lease to the private

corporation any facilities necessary for the production of highly

enriched uranium but may, subject to the requirements of the

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), grant the

Corporation access to such facilities for purposes other than the

production of highly enriched uranium.

(d) DOE RESPONSIBILITY FOR PREEXISTING CONDITIONS.—The

payment of any costs of decontamination and decommissioning,

response actions, or corrective actions with respect to conditions

existing before July 1, 1993, at the gaseous diffusion plants shall

remain the sole responsibility of the Secretary.

(e) ENVIRONMENTAL AUDIT.—For purposes of subsection (d),

the conditions existing before July 1, 1993, at the gaseous diffusion

plants shall be determined from the environmental audit conducted

pursuant to section 1403(e) of the Atomic Energy Act of 1954

(42 U.S.C. 2297c–2(e)).

(f) TREATMENT UNDER PRICE-ANDERSON PROVISIONS.—Any

lease executed between the Secretary and the Corporation or the

private corporation, and any extension or renewal thereof, under

this section shall be deemed to be a contract for purposes of section

170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).

42 USC 2297h–5.

Records.

42 USC 2297h–4.
110 STAT. 1321–339 PUBLIC LAW 104–134—APR. 26, 1996

(g) WAIVER OF EIS REQUIREMENT.—The execution or transfer

of the lease between the Secretary and the Corporation or the

private corporation, and any extension or renewal thereof, shall

not be considered to be a major Federal action significantly affecting

the quality of the human environment for purposes of section 102

of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

SEC. 3108. TRANSFER OF CONTRACTS.

(a) TRANSFER OF CONTRACTS.—Concurrent with privatization,

the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment

contracts, that were—

(1) transferred by the Secretary to the Corporation pursuant to section 1401(b) of the Atomic Energy Act of 1954 (42

U.S.C. 2297c(b)), or

(2) entered into by the Corporation before the privatization

date.

(b) NONTRANSFERABLE POWER CONTRACTS.—The Corporation

shall transfer to the private corporation the right to purchase

power from the Secretary under the power purchase contracts for

the gaseous diffusion plants executed by the Secretary before July

1, 1993. The Secretary shall continue to receive power for the

gaseous diffusion plants under such contracts and shall continue

to resell such power to the private corporation at cost during the

term of such contracts.

(c) EFFECT OF TRANSFER.—(1) Notwithstanding subsection (a),

the United States shall remain obligated to the parties to the

contracts, agreements, and leases transferred under subsection (a)

for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations

by the private corporation shall be considered performance by the

United States.

(2) If a contract, agreement, or lease transferred under subsection (a) is terminated, extended, or materially amended after

the privatization date—

(A) the private corporation shall be responsible for any

obligation arising under such contract, agreement, or lease

after any extension or material amendment, and

(B) the United States shall be responsible for any obligation

arising under the contract, agreement, or lease before the termination, extension, or material amendment.

(3) The private corporation shall reimburse the United States

for any amount paid by the United States under a settlement

agreement entered into with the consent of the private corporation

or under a judgment, if the settlement or judgment—

(A) arises out of an obligation under a contract, agreement,

or lease transferred under subsection (a), and

(B) arises out of actions of the private corporation between

the privatization date and the date of a termination, extension,

or material amendment of such contract, agreement, or lease.

(d) PRICING.—The Corporation may establish prices for its products, materials, and services provided to customers on a basis

that will allow it to attain the normal business objectives of a

profit making corporation.

SEC. 3109. LIABILITIES.

(a) LIABILITY OF THE UNITED STATES.—(1) Except as otherwise

provided in this subchapter, all liabilities arising out of the oper42 USC 2297h–7.

42 USC 2297h–6.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–340

ation of the uranium enrichment enterprise before July 1, 1993,

shall remain the direct liabilities of the Secretary.

(2) Except as provided in subsection (a)(3) or otherwise provided

in a memorandum of agreement entered into by the Corporation

and the Office of Management and Budget prior to the privatization

date, all liabilities arising out of the operation of the Corporation

between July 1, 1993, and the privatization date shall remain

the direct liabilities of the United States.

(3) All liabilities arising out of the disposal of depleted uranium

generated by the Corporation between July 1, 1993, and the

privatization date shall become the direct liabilities of the Secretary.

(4) Any stated or implied consent for the United States, or

any agent or officer of the United States, to be sued by any person

for any legal, equitable, or other relief with respect to any claim

arising from any action taken by any agent or officer of the United

States in connection with the privatization of the Corporation is

hereby withdrawn.

(5) To the extent that any claim against the United States

under this section is of the type otherwise required by Federal

statute or regulation to be presented to a Federal agency or official

for adjudication or review, such claim shall be presented to the

Department of Energy in accordance with procedures to be established by the Secretary. Nothing in this paragraph shall be construed to impose on the Department of Energy liability to pay

any claim presented pursuant to this paragraph.

(6) The Attorney General shall represent the United States

in any action seeking to impose liability under this subsection.

(b) LIABILITY OF THE CORPORATION.—Notwithstanding any

provision of any agreement to which the Corporation is a party,

the Corporation shall not be considered in breach, default, or violation of any agreement because of the transfer of such agreement

to the private corporation under section 3108 or any other action

the Corporation is required to take under this subchapter.

(c) LIABILITY OF THE PRIVATE CORPORATION.—Except as provided in this subchapter, the private corporation shall be liable

for any liabilities arising out of its operations after the privatization

date.

(d) LIABILITY OF OFFICERS AND DIRECTORS.—(1) No officer,

director, employee, or agent of the Corporation shall be liable in

any civil proceeding to any party in connection with any action

taken in connection with the privatization if, with respect to the

subject matter of the action, suit, or proceeding, such person was

acting within the scope of his employment.

(2) This subsection shall not apply to claims arising under

the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the Securities

Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or under the Constitution or laws of any State, territory, or possession of the United

States relating to transactions in securities.

SEC. 3110. EMPLOYEE PROTECTIONS.

(a) CONTRACTOR EMPLOYEES.—(1) Privatization shall not diminish the accrued, vested pension benefits of employees of the Corporation’s operating contractor at the two gaseous diffusion plants.

(2) In the event that the private corporation terminates or

changes the contractor at either or both of the gaseous diffusion

plants, the plan sponsor or other appropriate fiduciary of the pension plan covering employees of the prior operating contractor shall

42 USC 2297h–8.
110 STAT. 1321–341 PUBLIC LAW 104–134—APR. 26, 1996

arrange for the transfer of all plan assets and liabilities relating

to accrued pension benefits of such plan’s participants and beneficiaries from such plant to a pension plan sponsored by the new

contractor or the private corporation or a joint labor-management

plan, as the case may be.

(3) In addition to any obligations arising under the National

Labor Relations Act (29 U.S.C. 151 et seq.), any employer (including

the private corporation if it operates a gaseous diffusion plant

without a contractor or any contractor of the private corporation)

at a gaseous diffusion plant shall—

(A) abide by the terms of any unexpired collective bargaining agreement covering employees in bargaining units at the

plant and in effect on the privatization date until the stated

expiration or termination date of the agreement; or

(B) in the event a collective bargaining agreement is not

in effect upon the privatization date, have the same bargaining

obligations under section 8(d) of the National Labor Relations

Act (29 U.S.C. 158(d)) as it had immediately before the

privatization date.

(4) If the private corporation replaces its operating contractor

at a gaseous diffusion plant, the new employer (including the new

contractor or the private corporation if it operates a gaseous diffusion plant without a contractor) shall—

(A) offer employment to non-management employees of the

predecessor contractor to the extent that their jobs still exist

or they are qualified for new jobs, and

(B) abide by the terms of the predecessor contractor’s collective bargaining agreement until the agreement expires or a

new agreement is signed.

(5) In the event of a plant closing or mass layoff (as such

terms are defined in section 2101(a) (2) and (3) of title 29, United

States Code) at either of the gaseous diffusion plants, the Secretary

of Energy shall treat any adversely affected employee of an operating contractor at either plant who was an employee at such plant

on July 1, 1993, as a Department of Energy employee for purposes

of sections 3161 and 3162 of the National Defense Authorization

Act for Fiscal Year 1993 (42 U.S.C. 7274h–7274i).

(6)(A) The Secretary and the private corporation shall cause

the post-retirement health benefits plan provider (or its successor)

to continue to provide benefits for eligible persons, as described

under subparagraph (B), employed by an operating contractor at

either of the gaseous diffusion plants in an economically efficient

manner and at substantially the same level of coverage as eligible

retirees are entitled to receive on the privatization date.

(B) Persons eligible for coverage under subparagraph (A) shall

be limited to:

(i) persons who retired from active employment at one

of the gaseous diffusion plants on or before the privatization

date as vested participants in a pension plan maintained either

by the Corporation’s operating contractor or by a contractor

employed prior to July 1, 1993, by the Department of Energy

to operate a gaseous diffusion plant; and

(ii) persons who are employed by the Corporation’s operating contractor on or before the privatization date and are vested

participants in a pension plan maintained either by the Corporation’s operating contractor or by a contractor employed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–342

prior to July 1, 1993, by the Department of Energy to operate

a gaseous diffusion plant.

(C) The Secretary shall fund the entire cost of post-retirement

health benefits for persons who retired from employment with an

operating contractor prior to July 1, 1993.

(D) The Secretary and the Corporation shall fund the cost

of post-retirement health benefits for persons who retire from

employment with an operating contractor on or after July 1, 1993,

in proportion to the retired person’s years and months of service

at a gaseous diffusion plant under their respective management.

(7)(A) Any suit under this subsection alleging a violation of

an agreement between an employer and a labor organization shall

be brought in accordance with section 301 of the Labor Management

Relations Act (29 U.S.C. 185).

(B) Any charge under this subsection alleging an unfair labor

practice violative of section 8 of the National Labor Relations Act

(29 U.S.C. 158) shall be pursued in accordance with section 10

of the National Labor Relations Act (29 U.S.C. 160).

(C) Any suit alleging a violation of any provision of this subsection, to the extent it does not allege a violation of the National

Labor Relations Act, may be brought in any district court of the

United States having jurisdiction over the parties, without regard

to the amount in controversy or the citizenship of the parties.

(b) FORMER FEDERAL EMPLOYEES.—(1)(A) An employee of the

Corporation that was subject to either the Civil Service Retirement

System (referred to in this section as ‘‘CSRS’’) or the Federal

Employees’ Retirement System (referred to in this section as

‘‘FERS’’) on the day immediately preceding the privatization date

shall elect—

(i) to retain the employee’s coverage under either CSRS

or FERS, as applicable, in lieu of coverage by the Corporation’s

retirement system, or

(ii) to receive a deferred annuity or lump-sum benefit payable to a terminated employee under CSRS or FERS, as

applicable.

(B) An employee that makes the election under subparagraph

(A)(ii) shall have the option to transfer the balance in the employee’s

Thrift Savings Plan account to a defined contribution plan under

the Corporation’s retirement system, consistent with applicable law

and the terms of the Corporation’s defined contribution plan.

(2) The Corporation shall pay to the Civil Service Retirement

and Disability Fund—

(A) such employee deductions and agency contributions

as are required by sections 8334, 8422, and 8423 of title 5,

United States Code, for those employees who elect to retain

their coverage under either CSRS or FERS pursuant to paragraph (1);

(B) such additional agency contributions as are determined

necessary by the Office of Personnel Management to pay, in

combination with the sums under subparagraph (A), the ‘‘normal cost’’ (determined using dynamic assumptions) of retirement benefits for those employees who elect to retain their

coverage under CSRS pursuant to paragraph (1), with the

concept of ‘‘normal cost’’ being used consistent with generally

accepted actuarial standards and principles; and

(C) such additional amounts, not to exceed two percent

of the amounts under subparagraphs (A) and (B), as are deter-
110 STAT. 1321–343 PUBLIC LAW 104–134—APR. 26, 1996

mined necessary by the Office of Personnel Management to

pay the cost of administering retirement benefits for employees

who retire from the Corporation after the privatization date

under either CSRS or FERS, for their survivors, and for survivors of employees of the Corporation who die after the privatization date (which amounts shall be available to the Office of

Personnel Management as provided in section 8348(a)(1)(B)

of title 5, United States Code).

(3) The Corporation shall pay to the Thrift Savings Fund such

employee and agency contributions as are required by section 8432

of title 5, United States Code, for those employees who elect to

retain their coverage under FERS pursuant to paragraph (1).

(4) Any employee of the Corporation who was subject to the

Federal Employee Health Benefits Program (referred to in this

section as ‘‘FEHBP’’) on the day immediately preceding the

privatization date and who elects to retain coverage under either

CSRS or FERS pursuant to paragraph (1) shall have the option

to receive health benefits from a health benefit plan established

by the Corporation or to continue without interruption coverage

under the FEHBP, in lieu of coverage by the Corporation’s health

benefit system.

(5) The Corporation shall pay to the Employees Health Benefits

Fund—

(A) such employee deductions and agency contributions

as are required by section 8906 (a)–(f) of title 5, United States

Code, for those employees who elect to retain their coverage

under FEHBP pursuant to paragraph (4); and

(B) such amounts as are determined necessary by the Office

of Personnel Management under paragraph (6) to reimburse

the Office of Personnel Management for contributions under

section 8906(g)(1) of title 5, United States Code, for those

employees who elect to retain their coverage under FEHBP

pursuant to paragraph (4).

(6) The amounts required under paragraph (5)(B) shall pay

the Government contributions for retired employees who retire from

the Corporation after the privatization date under either CSRS

or FERS, for survivors of such retired employees, and for survivors

of employees of the Corporation who die after the privatization

date, with said amounts prorated to reflect only that portion of

the total service of such employees and retired persons that was

performed for the Corporation after the privatization date.

SEC. 3111. OWNERSHIP LIMITATIONS.

(a) SECURITIES LIMITATIONS.—No director, officer, or employee

of the Corporation may acquire any securities, or any rights to

acquire any securities of the private corporation on terms more

favorable than those offered to the general public—

(1) in a public offering designed to transfer ownership

of the Corporation to private investors,

(2) pursuant to any agreement, arrangement, or understanding entered into before the privatization date, or

(3) before the election of the directors of the private

corporation.

(b) OWNERSHIP LIMITATION.—Immediately following the consummation of the transaction or series of transactions pursuant

to which 100 percent of the ownership of the Corporation is transferred to private investors, and for a period of three years thereafter,

42 USC 2297h–9.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–344

no person may acquire, directly or indirectly, beneficial ownership

of securities representing more than 10 percent of the total votes

of all outstanding voting securities of the Corporation. The foregoing

limitation shall not apply to—

(1) any employee stock ownership plan of the Corporation,

(2) members of the underwriting syndicate purchasing

shares in stabilization transactions in connection with the

privatization, or

(3) in the case of shares beneficially held in the ordinary

course of business for others, any commercial bank, brokerdealer, or clearing agency.

SEC. 3112. URANIUM TRANSFERS AND SALES.

(a) TRANSFERS AND SALES BY THE SECRETARY.—The Secretary

shall not provide enrichment services or transfer or sell any uranium (including natural uranium concentrates, natural uranium

hexafluoride, or enriched uranium in any form) to any person

except as consistent with this section.

(b) RUSSIAN HEU.—(1) On or before December 31, 1996, the

United States Executive Agent under the Russian HEU Agreement

shall transfer to the Secretary without charge title to an amount

of uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons

of highly enriched uranium purchased from the Russian Executive

Agent under the Russian HEU Agreement. The quantity of such

uranium hexafluoride delivered to the Secretary shall be based

on a tails assay of 0.30 U235. Uranium hexafluoride transferred

to the Secretary pursuant to this paragraph shall be deemed under

United States law for all purposes to be of Russian origin.

(2) Within 7 years of the date of enactment of this Act, the

Secretary shall sell, and receive payment for, the uranium

hexafluoride transferred to the Secretary pursuant to paragraph

(1). Such uranium hexafluoride shall be sold—

(A) at any time for use in the United States for the purpose

of overfeeding;

(B) at any time for end use outside the United States;

(C) in 1995 and 1996 to the Russian Executive Agent

at the purchase price for use in matched sales pursuant to

the Suspension Agreement; or,

(D) in calendar year 2001 for consumption by end users

in the United States not prior to January 1, 2002, in volumes

not to exceed 3,000,000 pounds U3O8 equivalent per year.

(3) With respect to all enriched uranium delivered to the United

States Executive Agent under the Russian HEU Agreement on

or after January 1, 1997, the United States Executive Agent shall,

upon request of the Russian Executive Agent, enter into an agreement to deliver concurrently to the Russian Executive Agent an

amount of uranium hexafluoride equivalent to the natural uranium

component of such uranium. An agreement executed pursuant to

a request of the Russian Executive Agent, as contemplated in

this paragraph, may pertain to any deliveries due during any period

remaining under the Russian HEU Agreement. The quantity of

such uranium hexafluoride delivered to the Russian Executive

Agent shall be based on a tails assay of 0.30 U235. Title to uranium

hexafluoride delivered to the Russian Executive Agent pursuant

to this paragraph shall transfer to the Russian Executive Agent

upon delivery of such material to the Russian Executive Agent,

42 USC 2297h–

10.
110 STAT. 1321–345 PUBLIC LAW 104–134—APR. 26, 1996

with such delivery to take place at a North American facility designated by the Russian Executive Agent. Uranium hexafluoride

delivered to the Russian Executive Agent pursuant to this paragraph shall be deemed under U.S. law for all purposes to be of

Russian origin. Such uranium hexafluoride may be sold to any

person or entity for delivery and use in the United States only

as permitted in subsections (b)(5), (b)(6) and (b)(7) of this section.

(4) In the event that the Russian Executive Agent does not

exercise its right to enter into an agreement to take delivery of

the natural uranium component of any low-enriched uranium, as

contemplated in paragraph (3), within 90 days of the date such

low-enriched uranium is delivered to the United States Executive

Agent, or upon request of the Russian Executive Agent, then the

United States Executive Agent shall engage an independent entity

through a competitive selection process to auction an amount of

uranium hexafluoride or U3O8 (in the event that the conversion

component of such hexafluoride has previously been sold) equivalent

to the natural uranium component of such low-enriched uranium.

An agreement executed pursuant to a request of the Russian Executive Agent, as contemplated in this paragraph, may pertain to

any deliveries due during any period remaining under the Russian

HEU Agreement. Such independent entity shall sell such uranium

hexafluoride in one or more lots to any person or entity to maximize

the proceeds from such sales, for disposition consistent with the

limitations set forth in this subsection. The independent entity

shall pay to the Russian Executive Agent the proceeds of any

such auction less all reasonable transaction and other administrative costs. The quantity of such uranium hexafluoride auctioned

shall be based on a tails assay of 0.30 U235. Title to uranium

hexafluoride auctioned pursuant to this paragraph shall transfer

to the buyer of such material upon delivery of such material to

the buyer. Uranium hexafluoride auctioned pursuant to this paragraph shall be deemed under United States law for all purposes

to be of Russian origin.

(5) Except as provided in paragraphs (6) and (7), uranium

hexafluoride delivered to the Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4), may not be

delivered for consumption by end users in the United States either

directly or indirectly prior to January 1, 1998, and thereafter only

in accordance with the following schedule:

Annual Maximum Deliveries to End Users

(millions lbs. U3O8

equivalent)

Year:

1998 ................................................................................................. 2

1999 ................................................................................................. 4

2000 ................................................................................................. 6

2001 ................................................................................................. 8

2002 ................................................................................................. 10

2003 ................................................................................................. 12

2004 ................................................................................................. 14

2005 ................................................................................................. 16

2006 ................................................................................................. 17

2007 ................................................................................................. 18

2008 ................................................................................................. 19

2009 and each year thereafter ....................................................... 20.

(6) Uranium hexafluoride delivered to the Russian Executive

Agent under paragraph (3) or auctioned pursuant to paragraph

(4) may be sold at any time as Russian-origin natural uranium
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–346

in a matched sale pursuant to the Suspension Agreement, and

in such case shall not be counted against the annual maximum

deliveries set forth in paragraph (5).

(7) Uranium hexafluoride delivered to the Russian Executive

Agent under paragraph (3) or auctioned pursuant to paragraph

(4) may be sold at any time for use in the United States for

the purpose of overfeeding in the operations of enrichment facilities.

(8) Nothing in this subsection (b) shall restrict the sale of

the conversion component of such uranium hexafluoride.

(9) The Secretary of Commerce shall have responsibility for

the administration and enforcement of the limitations set forth

in this subsection. The Secretary of Commerce may require any

person to provide any certifications, information, or take any action

that may be necessary to enforce these limitations. The United

States Customs Service shall maintain and provide any information

required by the Secretary of Commerce and shall take any action

requested by the Secretary of Commerce which is necessary for

the administration and enforcement of the uranium delivery limitations set forth in this section.

(10) The President shall monitor the actions of the United

States Executive Agent under the Russian HEU Agreement and

shall report to the Congress not later than December 31 of each

year on the effect the low-enriched uranium delivered under the

Russian HEU Agreement is having on the domestic uranium mining, conversion, and enrichment industries, and the operation of

the gaseous diffusion plants. Such report shall include a description

of actions taken or proposed to be taken by the President to prevent

or mitigate any material adverse impact on such industries or

any loss of employment at the gaseous diffusion plants as a result

of the Russian HEU Agreement.

(c) TRANSFERS TO THE CORPORATION.—(1) The Secretary shall

transfer to the Corporation without charge up to 50 metric tons

of enriched uranium and up to 7,000 metric tons of natural uranium

from the Department of Energy’s stockpile, subject to the restrictions in subsection (c)(2).

(2) The Corporation shall not deliver for commercial end use

in the United States—

(A) any of the uranium transferred under this subsection

before January 1, 1998;

(B) more than 10 percent of the uranium (by uranium

hexafluoride equivalent content) transferred under this subsection or more than 4,000,000 pounds, whichever is less, in

any calendar year after 1997; or

(C) more than 800,000 separative work units contained

in low-enriched uranium transferred under this subsection in

any calendar year.

(d) INVENTORY SALES.—(1) In addition to the transfers authorized under subsections (c) and (e), the Secretary may, from time

to time, sell natural and low-enriched uranium (including lowenriched uranium derived from highly enriched uranium) from the

Department of Energy’s stockpile.

(2) Except as provided in subsections (b), (c), and (e), no sale

or transfer of natural or low-enriched uranium shall be made

unless—

(A) the President determines that the material is not necessary for national security needs,

President.

President.

Reports.
110 STAT. 1321–347 PUBLIC LAW 104–134—APR. 26, 1996

(B) the Secretary determines that the sale of the material

will not have an adverse material impact on the domestic

uranium mining, conversion, or enrichment industry, taking

into account the sales of uranium under the Russian HEU

Agreement and the Suspension Agreement, and

(C) the price paid to the Secretary will not be less than

the fair market value of the material.

(e) GOVERNMENT TRANSFERS.—Notwithstanding subsection

(d)(2), the Secretary may transfer or sell enriched uranium—

(1) to a Federal agency if the material is transferred for

the use of the receiving agency without any resale or transfer

to another entity and the material does not meet commercial

specifications;

(2) to any person for national security purposes, as determined by the Secretary; or

(3) to any State or local agency or nonprofit, charitable,

or educational institution for use other than the generation

of electricity for commercial use.

(f) SAVINGS PROVISION.—Nothing in this subchapter shall be

read to modify the terms of the Russian HEU Agreement.

SEC. 3113. LOW-LEVEL WASTE.

(a) RESPONSIBILITY OF DOE.—(1) The Secretary, at the request

of the generator, shall accept for disposal low-level radioactive

waste, including depleted uranium if it were ultimately determined

to be low-level radioactive waste, generated by—

(A) the Corporation as a result of the operations of the

gaseous diffusion plants or as a result of the treatment of

such wastes at a location other than the gaseous diffusion

plants, or

(B) any person licensed by the Nuclear Regulatory Commission to operate a uranium enrichment facility under sections

53, 63, and 193 of the Atomic Energy Act of 1954 (42 U.S.C.

2073, 2093, and 2243).

(2) Except as provided in paragraph (3), the generator shall

reimburse the Secretary for the disposal of low-level radioactive

waste pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs,

but in no event more than an amount equal to that which would

be charged by commercial, State, regional, or interstate compact

entities for disposal of such waste.

(3) In the event depleted uranium were ultimately determined

to be low-level radioactive waste, the generator shall reimburse

the Secretary for the disposal of depleted uranium pursuant to

paragraph (1) in an amount equal to the Secretary’s costs, including

a pro rata share of any capital costs.

(b) AGREEMENTS WITH OTHER PERSONS.—The generator may

also enter into agreements for the disposal of low-level radioactive

waste subject to subsection (a) with any person other than the

Secretary that is authorized by applicable laws and regulations

to dispose of such wastes.

(c) STATE OR INTERSTATE COMPACTS.—Notwithstanding any

other provision of law, no State or interstate compact shall be

liable for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) attributable to the operation,

decontamination, and decommissioning of any uranium enrichment

facility.

42 USC 2297h–

11.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–348

SEC. 3114. AVLIS.

(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The Corporation

shall have the exclusive commercial right to deploy and use any

AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement

with the Secretary.

(b) TRANSFER OF RELATED PROPERTY TO CORPORATION.—

(1) IN GENERAL.—To the extent requested by the Corporation and subject to the requirements of the Atomic Energy

Act of 1954 (42 U.S.C. 2011, et seq.), the President shall transfer without charge to the Corporation all of the right, title,

or interest in and to property owned by the United States

under control or custody of the Secretary that is directly related

to and materially useful in the performance of the Corporation’s

purposes regarding AVLIS and alternative technologies for uranium enrichment, including—

(A) facilities, equipment, and materials for

research, development, and demonstration activities;

and

(B) all other facilities, equipment, materials, processes, patents, technical information of any kind, contracts, agreements, and leases.

(2) EXCEPTION.—Facilities, real estate, improvements, and

equipment related to the gaseous diffusion, and gas centrifuge,

uranium enrichment programs of the Secretary shall not transfer under paragraph (1)(B).

(3) EXPIRATION OF TRANSFER AUTHORITY.—The President’s

authority to transfer property under this subsection shall expire

upon the privatization date.

(c) LIABILITY FOR PATENT AND RELATED CLAIMS.—With respect

to any right, title, or interest provided to the Corporation under

subsection (a) or (b), the Corporation shall have sole liability for

any payments made or awards under section 157b.(3) of the Atomic

Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or any settlements or

judgments involving claims for alleged patent infringement. Any

royalty agreement under subsection (a) of this section shall provide

for a reduction of royalty payments to the Secretary to offset any

payments, awards, settlements, or judgments under this subsection.

SEC. 3115. APPLICATION OF CERTAIN LAWS.

(a) OSHA.—(1) As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety

and Health Act of 1970 (29 U.S.C. 651 et seq.).

(2) The Nuclear Regulatory Commission and the Occupational

Safety and Health Administration shall, within 90 days after the

date of enactment of this Act, enter into a memorandum of agreement to govern the exercise of their authority over occupational

safety and health hazards at the gaseous diffusion plants, including

inspection, investigation, enforcement, and rulemaking relating to

such hazards.

(b) ANTITRUST LAWS.—For purposes of the antitrust laws, the

performance by the private corporation of a ‘‘matched import’’ contract under the Suspension Agreement shall be considered to have

occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material

terms and confirmed by the Secretary of Commerce under the

Suspension Agreement.

Contracts.

42 USC 2297h–

13.

President.

42 USC 2297h–

12.
110 STAT. 1321–349 PUBLIC LAW 104–134—APR. 26, 1996

(c) ENERGY REORGANIZATION ACT REQUIREMENTS.—(1) The private corporation and its contractors and subcontractors shall be

subject to the provisions of section 211 of the Energy Reorganization

Act of 1974 (42 U.S.C. 5851) to the same extent as an employer

subject to such section.

(2) With respect to the operation of the facilities leased by

the private corporation, section 206 of the Energy Reorganization

Act of 1974 (42 U.S.C. 5846) shall apply to the directors and

officers of the private corporation.

SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.

(a) REPEAL.—(1) Chapters 22 through 26 of the Atomic Energy

Act of 1954 (42 U.S.C. 2297–2297e–7) are repealed as of the

privatization date.

(2) The table of contents of such Act is amended as of the

privatization date by striking the items referring to sections

repealed by paragraph (1).

(b) NRC LICENSING.—(1) Section 11v. of the Atomic Energy

Act of 1954 (42 U.S.C. 2014v.) is amended by striking ‘‘or the

construction and operation of a uranium enrichment facility using

Atomic Vapor Laser Isotope Separation technology’’.

(2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C.

2243) is amended by adding at the end the following:

‘‘(f) LIMITATION.—No license or certificate of compliance may

be issued to the United States Enrichment Corporation or its successor under this section or sections 53, 63, or 1701, if the Commission

determines that—

‘‘(1) the Corporation is owned, controlled, or dominated

by an alien, a foreign corporation, or a foreign government;

or

‘‘(2) the issuance of such a license or certificate of compliance would be inimical to—

‘‘(A) the common defense and security of the United

States; or

‘‘(B) the maintenance of a reliable and economical

domestic source of enrichment services.’’.

(3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42

U.S.C. 2297f(c)(2)) is amended to read as follows:

‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE OF COMPLIANCE.—The Corporation shall apply to the Nuclear Regulatory

Commission for a certificate of compliance under paragraph

(1) periodically, as determined by the Commission, but not

less than every 5 years. The Commission shall review any

such application and any determination made under subsection

(b)(2) shall be based on the results of any such review.’’.

(4) Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C.

2297f–1(a)) is amended—

(1) by striking ‘‘other than’’ and inserting ‘‘including’’, and

(2) by striking ‘‘sections 53 and 63’’ and inserting ‘‘sections

53, 63, and 193’’.

(c) JUDICIAL REVIEW OF NRC ACTIONS.—Section 189b. of the

Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to

read as follows:

‘‘b. The following Commission actions shall be subject to judicial

review in the manner prescribed in chapter 158 of title 28, United

States Code, and chapter 7 of title 5, United States Code:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–350

‘‘(1) Any final order entered in any proceeding of the kind

specified in subsection (a).

‘‘(2) Any final order allowing or prohibiting a facility to

begin operating under a combined construction and operating

license.

‘‘(3) Any final order establishing by regulation standards

to govern the Department of Energy’s gaseous diffusion uranium enrichment plants, including any such facilities leased

to a corporation established under the USEC Privatization Act.

‘‘(4) Any final determination under section 1701(c) relating

to whether the gaseous diffusion plants, including any such

facilities leased to a corporation established under the USEC

Privatization Act, are in compliance with the Commission’s

standards governing the gaseous diffusion plants and all

applicable laws.’’.

(d) CIVIL PENALTIES.—Section 234 a. of the Atomic Energy

Act of 1954 (42 U.S.C. 2282(a) is amended by—

(1) striking ‘‘any licensing provision of section 53, 57, 62,

63, 81, 82, 101, 103, 104, 107, or 109’’ and inserting: ‘‘any

licensing or certification provision of section 53, 57, 62, 63,

81, 82, 101, 103, 104, 107, 109, or 1701’’; and

(2) by striking ‘‘any license issued thereunder’’ and inserting: ‘‘any license or certification issued thereunder’’.

(e) REFERENCES TO THE CORPORATION.—Following the

privatization date, all references in the Atomic Energy Act of 1954

to the United States Enrichment Corporation shall be deemed to

be references to the private corporation.

SEC. 3117. AMENDMENTS TO OTHER LAWS.

(a) DEFINITION OF GOVERNMENT CORPORATION.—As of the

privatization date, section 9101(3) of title 31, United States Code,

is amended by striking subparagraph (N) as added by section 902(b)

of Public Law 102–486.

(b) DEFINITION OF THE CORPORATION.—Section 1018(1) of the

Energy Policy Act of 1992 (42 U.S.C. 2296b–7(1)) is amended by

inserting ‘‘or its successor’’ before the period.

SUBCHAPTER B

SEC. 3201. BONNEVILLE POWER ADMINISTRATION REFINANCING.

(a) DEFINITIONS.—

For the purposes of this section—

(1) ‘‘Administrator’’ means the Administrator of the

Bonneville Power Administration;

(2) ‘‘capital investment’’ means a capitalized cost

funded by Federal appropriations that—

(A) is for a project, facility, or separable unit or

feature of a project or facility;

(B) is a cost for which the Administrator is

required by law to establish rates to repay to the

United States Treasury through the sale of electric

power, transmission, or other services;

(C) excludes a Federal irrigation investment; and

(D) excludes an investment financed by the current

revenues of the Administrator or by bonds issued and

sold, or authorized to be issued and sold, by the

16 USC 838l.

42 USC 2297

note.
110 STAT. 1321–351 PUBLIC LAW 104–134—APR. 26, 1996

Administrator under section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k);

(3) ‘‘new capital investment’’ means a capital investment for a project, facility, or separable unit or feature

of a project or facility, placed in service after September

30, 1996;

(4) ‘‘old capital investment’’ means a capital investment

the capitalized cost of which—

(A) was incurred, but not repaid, before October

1, 1996, and

(B) was for a project, facility, or separable unit

or feature of a project or facility, placed in service

before October 1, 1996;

(5) ‘‘repayment date’’ means the end of the period

within which the Administrator’s rates are to assure the

repayment of the principal amount of a capital investment;

and

(6) ‘‘Treasury rate’’ means—

(A) for an old capital investment, a rate determined

by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month

preceding October 1, 1996, on outstanding interestbearing obligations of the United States with periods

to maturity comparable to the period between October

1, 1996, and the repayment date for the old capital

investment; and

(B) for a new capital investment, a rate determined

by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month

preceding the beginning of the fiscal year in which

the related project, facility, or separable unit or feature

is placed in service, on outstanding interest-bearing

obligations of the United States with periods to maturity comparable to the period between the beginning

of the fiscal year and the repayment date for the new

capital investment.

(b) NEW PRINCIPAL AMOUNTS.—

(1) PRINCIPAL AMOUNT.—Effective October 1, 1996, an old

capital investment has a new principal amount that is the

sum of—

(A) the present value of the old payment amounts

for the old capital investment, calculated using a discount

rate equal to the Treasury rate for the old capital investment; and

(B) an amount equal to $100,000,000 multiplied by

a fraction whose numerator is the principal amount of

the old payment amounts for the old capital investment

and whose denominator is the sum of the principal amounts

of the old payment amounts for all old capital investments.

(2) DETERMINATION.—With the approval of the Secretary

of the Treasury based solely on consistency with this section,

the Administrator shall determine the new principal amounts

under subsection (b) and the assignment of interest rates to

the new principal amounts under subsection (c).

(3) OLD PAYMENT AMOUNTS.—For the purposes of this subsection, ‘‘old payment amounts’’ means, for an old capital investment, the annual interest and principal that the Administrator

Effective date.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–352

would have paid to the United States Treasury from October

1, 1996, if this section had not been enacted, assuming that—

(A) the principal were repaid—

(i) on the repayment date the Administrator

assigned before October 1, 1994, to the old capital

investment, or

(ii) with respect to an old capital investment for

which the Administrator has not assigned a repayment

date before October 1, 1994, on a repayment date the

Administrator shall assign to the old capital investment in accordance with paragraph 10(d)(1) of the

version of Department of Energy Order RA 6120.2

in effect on October 1, 1994; and

(B) interest were paid—

(i) at the interest rate the Administrator assigned

before October 1, 1994, to the old capital investment,

or

(ii) with respect to an old capital investment for

which the Administrator has not assigned an interest

rate before October 1, 1994, at a rate determined by

the Secretary of the Treasury, taking into consideration

prevailing market yields, during the month preceding

the beginning of the fiscal year in which the related

project, facility, or separable unit or feature is placed

in service, on outstanding interest-bearing obligations

of the United States with periods to maturity comparable to the period between the beginning of the

fiscal year and the repayment date for the old capital

investment.

(c) INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.—

As of October 1, 1996, the unpaid balance on the new

principal amount established for an old capital investment

under subsection (b) bears interest annually at the Treasury

rate for the old capital investment until the earlier of the

date that the new principal amount is repaid or the repayment

date for the new principal amount.

(d) REPAYMENT DATES.—

As of October 1, 1996, the repayment date for the new

principal amount established for an old capital investment

under subsection (b) is no earlier than the repayment date

for the old capital investment assumed in subsection (b)(3)(A).

(e) PREPAYMENT LIMITATIONS.—

During the period October 1, 1996, through September

30, 2001, the total new principal amounts of old capital investments, as established under subsection (b), that the Administrator may pay before their respective repayment dates shall

not exceed $100,000,000.

(f) INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING

CONSTRUCTION.—

(1) NEW CAPITAL INVESTMENT.—The principal amount of

a new capital investment includes interest in each fiscal year

of construction of the related project, facility, or separable unit

or feature at a rate equal to the one-year rate for the fiscal

year on the sum of—

(A) construction expenditures that were made from

the date construction commenced through the end of the

fiscal year, and
110 STAT. 1321–353 PUBLIC LAW 104–134—APR. 26, 1996

(B) accrued interest during construction.

(2) PAYMENT.—The Administrator is not required to pay,

during construction of the project, facility, or separable unit

or feature, the interest calculated, accrued, and capitalized

under subsection (f)(1).

(3) ONE-YEAR RATE.—For the purposes of this section, ‘‘oneyear rate’’ for a fiscal year means a rate determined by the

Secretary of the Treasury, taking into consideration prevailing

market yields, during the month preceding the beginning of

the fiscal year, on outstanding interest-bearing obligations of

the United States with periods to maturity of approximately

one year.

(g) INTEREST RATES FOR NEW CAPITAL INVESTMENTS.—

The unpaid balance on the principal amount of a new

capital investment bears interest at the Treasury rate for the

new capital investment from the date the related project, facility, or separable unit or feature is placed in service until

the earlier of the date the new capital investment is repaid

or the repayment date for the new capital investment.

(h) CREDITS TO ADMINISTRATOR’S REPAYMENT TO THE UNITED

STATES TREASURY.—

The Confederated Tribe of the Colville Reservation Grand

Coulee Dam Settlement Act (Public Law No. 103–436; 108

Stat. 4577) is amended by striking section 6 and inserting

the following:

‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAYMENT TO THE UNITED

STATES TREASURY.

‘‘So long as the Administrator makes annual payments to the

tribes under the settlement agreement, the Administrator shall

apply against amounts otherwise payable by the Administrator

to the United States Treasury a credit that reduces the Administrator’s payment, in the amount and for each fiscal year as follows:

$15,860,000 in fiscal year 1997; $16,490,000 in fiscal year 1998;

$17,150,000 in fiscal year 1999; $17,840,000 in fiscal year 2000;

$18,550,000 in fiscal year 2001; and $4,600,000 in each succeeding

fiscal year.’’.

(i) CONTRACT PROVISIONS.—

In each contract of the Administrator that provides for

the Administrator to sell electric power, transmission, or related

services, and that is in effect after September 30, 1996, the

Administrator shall offer to include, or as the case may be,

shall offer to amend to include, provisions specifying that after

September 30, 1996—

(1) the Administrator shall establish rates and charges

on the basis that—

(A) the principal amount of an old capital investment

shall be no greater than the new principal amount established under subsection (b);

(B) the interest rate applicable to the unpaid balance

of the new principal amount of an old capital investment

shall be no greater than the interest rate established under

subsection (c);

(C) any payment of principal of an old capital investment shall reduce the outstanding principal balance of

the old capital investment in the amount of the payment

at the time the payment is tendered; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–354

(D) any payment of interest on the unpaid balance

of the new principal amount of an old capital investment

shall be a credit against the appropriate interest account

in the amount of the payment at the time the payment

is tendered;

(2) apart from charges necessary to repay the new principal

amount of an old capital investment as established under subsection (b) and to pay the interest on the principal amount

under subsection (c), no amount may be charged for return

to the United States Treasury as repayment for or return

on an old capital investment, whether by way of rate, rent,

lease payment, assessment, user charge, or any other fee;

(3) amounts provided under section 1304 of title 31, United

States Code, shall be available to pay, and shall be the sole

source for payment of, a judgment against or settlement by

the Administrator or the United States on a claim for a breach

of the contract provisions required by this Part; and

(4) the contract provisions specified in this Part do not—

(A) preclude the Administrator from recovering,

through rates or other means, any tax that is generally

imposed on electric utilities in the United States, or

(B) affect the Administrator’s authority under

applicable law, including section 7(g) of the Pacific Northwest Electric Power Planning and Conservation Act (16

U.S.C. 839e(g)), to—

(i) allocate costs and benefits, including but not

limited to fish and wildlife costs, to rates or resources,

or

(ii) design rates.

(j) SAVINGS PROVISIONS.—

(1) REPAYMENT.—This subchapter does not affect the

obligation of the Administrator to repay the principal associated

with each capital investment, and to pay interest on the principal, only from the ‘‘Administrator’s net proceeds,’’ as defined

in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k(b)).

(2) PAYMENT OF CAPITAL INVESTMENT.—Except as provided

in subsection (e), this section does not affect the authority

of the Administrator to pay all or a portion of the principal

amount associated with a capital investment before the repayment date for the principal amount.

CHAPTER 2

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED

PROGRAMS

EXPORT AND INVESTMENT ASSISTANCE

EXPORT-IMPORT BANK OF THE UNITED STATES

SUBSIDY APPROPRIATION

(RESCISSION)

Of the unobligated balances available under this heading

$42,000,000 are rescinded.
110 STAT. 1321–355 PUBLIC LAW 104–134—APR. 26, 1996

CHAPTER 3

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

DEPARTMENT OF ENERGY

STRATEGIC PETROLEUM RESERVE

Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), the Secretary of Energy shall draw

down and sell in fiscal year 1996, $227,000,000 worth of Strategic

Petroleum Reserve oil from the Weeks Island site.

CHAPTER 4

DEPARTMENTS OF LABOR, HEALTH AND HUMAN

SERVICES, AND EDUCATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES

JOB OPPORTUNITIES AND BASIC SKILLS

(RESCISSION)

Of the funds made available under this heading elsewhere

in this Act, there is rescinded an amount equal to the total of

the funds within each State’s limitation for fiscal year 1996 that

are not necessary to pay such State’s allowable claims for such

fiscal year.

Section 403(k)(3)(F) of the Social Security Act (as amended

by Public Law 100–485) is amended by adding: ‘‘reduced by an

amount equal to the total of those funds that are within each

State’s limitation for fiscal year 1996 that are not necessary to

pay such State’s allowable claims for such fiscal year (except that

such amount for such year shall be deemed to be $1,000,000,000

for the purpose of determining the amount of the payment under

subsection (1) to which each State is entitled),’’.

DEPARTMENT OF EDUCATION

STUDENT FINANCIAL ASSISTANCE

Notwithstanding any other provision of this Act, the first and

third dollar amounts provided in Title I of this Act under the

heading ‘‘Student Financial Assistance’’ are hereby reduced by

$53,446,000.

CHAPTER 5

MILITARY CONSTRUCTION

(RESCISSIONS)

Of the funds provided in Public Law 104–32, the Military

Construction Appropriations Act, 1996, the following funds are

hereby rescinded from the following accounts in the specified

amounts:

Military Construction, Army, $6,385,000;

42 USC 603.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–356

Military Construction, Navy, $6,385,000;

Military Construction, Air Force, $6,385,000; and

Military Construction, Defense-wide, $18,345,000.

CHAPTER 6

DEPARTMENT OF DEFENSE—MILITARY PROCUREMENT

MISSILE PROCUREMENT, AIR FORCE

(RESCISSION)

Of the funds made available under this heading in Public

Law 103–335, $310,000,000 are rescinded.

OTHER PROCUREMENT, AIR FORCE

(RESCISSION)

Of the funds made available under this heading in Public

Law 103–335, $265,000,000 are rescinded.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

(RESCISSION)

Of the funds made available under this heading in Public

Law 104–61, $19,500,000 are rescinded: Provided, That this reduction shall be applied proportionally to each budget activity, activity

group and subactivity group and each program, project, and activity

within this appropriation account.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

(RESCISSION)

Of the funds made available under this heading in Public

Law 104–61, $45,000,000 are rescinded: Provided, That this reduction shall be applied proportionally to each budget activity, activity

group and subactivity group and each program, project, and activity

within this appropriation account.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

(RESCISSIONS)

Of the funds made available under this heading in Public

Law 103–335, $245,000,000 are rescinded.

Of the funds made available under this heading in Public

Law 104–61, $69,800,000 are rescinded: Provided, That this reduction shall be applied proportionally to each budget activity, activity

group and subactivity group and each program, project, and activity

within this appropriation account.
110 STAT. 1321–357 PUBLIC LAW 104–134—APR. 26, 1996

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

(RESCISSION)

Of the funds made available under this heading in Public

Law 104–61, $40,600,000 are rescinded: Provided, That this reduction shall be applied proportionally to each budget activity, activity

group and subactivity group and each program, project, and activity

within this appropriation account: Provided further, That no reduction may be taken against the funds made available to the Department of Defense for Ballistic Missile Defense.

CHAPTER 7

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the available contract authority balances under this account,

$664,000,000 are rescinded.

FEDERAL HIGHWAY ADMINISTRATION

HIGHWAY-RELATED SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the available contract authority balances under this account,

$9,000,000 are rescinded.

MOTOR CARRIER SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the available contract authority balances under this account,

$33,000,000 are rescinded.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

HIGHWAY TRAFFIC SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the available contract authority balances under this account,

$56,000,000 are rescinded.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–358

CHAPTER 8

TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(RESCISSION)

Of the funds made available for installment acquisition pay- ments under this heading in Public Law 104–52, $3,400,000 are

rescinded: Provided, That the aggregate amount made available to the Fund shall be $5,062,749,000.

CHAPTER 9

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND

URBAN DEVELOPMENT AND INDEPENDENT AGENCIES

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

Of the funds made available under this heading and under

the heading ‘‘Disaster relief emergency contingency fund’’ in Public

Law 104–19, $1,000,000,000 are rescinded.

CHAPTER 10

DEBT COLLECTION IMPROVEMENTS

SEC. 31001. DEBT COLLECTION IMPROVEMENT ACT OF 1996.

(a)(1) This section may be cited as the ‘‘Debt Collection Improvement Act of 1996’’.

(2)(A) IN GENERAL.—The provisions of this section and the

amendments made by this section shall take effect on the date

of the enactment of this Act.

(B) OFFSETS FROM SOCIAL SECURITY PAYMENTS, ETC.— Subparagraph (A) of section 3716(c)(3) of title 31, United States

Code (as added by subsection (d)(2) of this section), shall apply

only to payments made after the date which is 4 months after

the date of the enactment of this Act.

(b) The purposes of this section are the following:

(1) To maximize collections of delinquent debts owed to

the Government by ensuring quick action to enforce recovery

of debts and the use of all appropriate collection tools.

(2) To minimize the costs of debt collection by consolidating

related functions and activities and utilizing interagency teams.

(3) To reduce losses arising from debt management activities by requiring proper screening of potential borrowers,

aggressive monitoring of all accounts, and sharing of information within and among Federal agencies.

(4) To ensure that the public is fully informed of the Federal

Government’s debt collection policies and that debtors are cog31 USC 3701

note.

Applicability.

31 USC 3716

note.

Effective date.

31 USC 3322

note.

31 USC 3701

note.

Debt Collection

Improvement Act

of 1996.
110 STAT. 1321–359 PUBLIC LAW 104–134—APR. 26, 1996

nizant of their financial obligations to repay amounts owed

to the Federal Government.

(5) To ensure that debtors have all appropriate due process

rights, including the ability to verify, challenge, and compromise

claims, and access to administrative appeals procedures which

are both reasonable and protect the interests of the United

States.

(6) To encourage agencies, when appropriate, to sell delinquent debt, particularly debts with underlying collateral.

(7) To rely on the experience and expertise of private sector

professionals to provide debt collection services to Federal

agencies.

(c) Chapter 37 of title 31, United States Code, is amended—

(1) in each of sections 3711, 3716, 3717, and 3718, by

striking ‘‘the head of an executive or legislative agency’’ each

place it appears and inserting ‘‘the head of an executive,

judicial, or legislative agency’’; and

(2) by amending section 3701(a)(4) to read as follows:

‘‘(4) ‘executive, judicial, or legislative agency’ means a

department, agency, court, court administrative office, or

instrumentality in the executive, judicial, or legislative branch

of Government, including government corporations.’’.

(d)(1) PERSONS SUBJECT TO ADMINISTRATIVE OFFSET.—Section

3701(c) of title 31, United States Code, is amended to read as

follows:

‘‘(c) In sections 3716 and 3717 of this title, the term ‘person’

does not include an agency of the United States Government.’’.

(2) REQUIREMENTS AND PROCEDURES.—Section 3716 of title 31,

United States Code, is amended—

(A) by amending subsection (b) to read as follows:

‘‘(b) Before collecting a claim by administrative offset, the head

of an executive, judicial, or legislative agency must either—

‘‘(1) adopt, without change, regulations on collecting by

administrative offset promulgated by the Department of Justice,

the General Accounting Office, or the Department of the Treasury; or

‘‘(2) prescribe regulations on collecting by administrative

offset consistent with the regulations referred to in paragraph

(1).’’;

(B) by amending subsection (c)(2) to read as follows:

‘‘(2) when a statute explicitly prohibits using administrative

offset or setoff to collect the claim or type of claim involved.’’;

(C) by redesignating subsection (c) as subsection (e); and

(D) by inserting after subsection (b) the following new

subsections:

‘‘(c)(1)(A) Except as otherwise provided in this subsection, a

disbursing official of the Department of the Treasury, the Department of Defense, the United States Postal Service, or any other

government corporation, or any disbursing official of the United

States designated by the Secretary of the Treasury, shall offset

at least annually the amount of a payment which a payment certifying agency has certified to the disbursing official for disbursement,

by an amount equal to the amount of a claim which a creditor

agency has certified to the Secretary of the Treasury pursuant

to this subsection.

‘‘(B) An agency that designates disbursing officials pursuant

to section 3321(c) of this title is not required to certify claims
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–360

arising out of its operations to the Secretary of the Treasury before

such agency’s disbursing officials offset such claims.

‘‘(C) Payments certified by the Department of Education under

a program administered by the Secretary of Education under title

IV of the Higher Education Act of 1965 shall not be subject to

administrative offset under this subsection.

‘‘(2) Neither the disbursing official nor the payment certifying

agency shall be liable—

‘‘(A) for the amount of the administrative offset on the

basis that the underlying obligation, represented by the payment before the administrative offset was taken, was not satisfied; or

‘‘(B) for failure to provide timely notice under paragraph

(8).

‘‘(3)(A)(i) Notwithstanding any other provision of law (including

sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C.

407 and 1383(d)(1)), section 413(b) of Public Law 91–173 (30 U.S.C.

923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C.

231m)), except as provided in clause (ii), all payments due to an

individual under—

‘‘(I) the Social Security Act,

‘‘(II) part B of the Black Lung Benefits Act, or

‘‘(III) any law administered by the Railroad Retirement

Board (other than payments that such Board determines to

be tier 2 benefits),

shall be subject to offset under this section.

‘‘(ii) An amount of $9,000 which a debtor may receive under

Federal benefit programs cited under clause (i) within a 12-month

period shall be exempt from offset under this subsection. In applying

the $9,000 exemption, the disbursing official shall—

‘‘(I) reduce the $9,000 exemption amount for the 12-month

period by the amount of all Federal benefit payments made

during such 12-month period which are not subject to offset

under this subsection; and

‘‘(II) apply a prorated amount of the exemption to each

periodic benefit payment to be made to the debtor during the

applicable 12-month period.

For purposes of the preceding sentence, the amount of a periodic

benefit payment shall be the amount after any reduction or deduction required under the laws authorizing the program under which

such payment is authorized to be made (including any reduction

or deduction to recover any overpayment under such program).

‘‘(B) The Secretary of the Treasury shall exempt from administrative offset under this subsection payments under means-tested

programs when requested by the head of the respective agency.

The Secretary may exempt other payments from administrative

offset under this subsection upon the written request of the head

of a payment certifying agency. A written request for exemption

of other payments must provide justification for the exemption

under standards prescribed by the Secretary. Such standards shall

give due consideration to whether administrative offset would tend

to interfere substantially with or defeat the purposes of the payment

certifying agency’s program. The Secretary shall report to the Congress annually on exemptions granted under this section.

‘‘(C) The provisions of sections 205(b)(1) and 1631(c)(1) of the

Social Security Act shall not apply to any administrative offset

Reports.
110 STAT. 1321–361 PUBLIC LAW 104–134—APR. 26, 1996

executed pursuant to this section against benefits authorized by

either title II or title XVI of the Social Security Act, respectively.

‘‘(4) The Secretary of the Treasury may charge a fee sufficient

to cover the full cost of implementing this subsection. The fee

may be collected either by the retention of a portion of amounts

collected pursuant to this subsection, or by billing the agency referring or transferring a claim for those amounts. Fees charged to

the agencies shall be based on actual administrative offsets completed. Amounts received by the United States as fees under this

subsection shall be deposited into the account of the Department

of the Treasury under section 3711(g)(7) of this title, and shall

be collected and accounted for in accordance with the provisions

of that section.

‘‘(5) The Secretary of the Treasury in consultation with the

Commissioner of Social Security and the Director of the Office

of Management and Budget, may prescribe such rules, regulations,

and procedures as the Secretary of the Treasury considers necessary

to carry out this subsection. The Secretary shall consult with the

heads of affected agencies in the development of such rules, regulations, and procedures.

‘‘(6) Any Federal agency that is owed by a person a past

due, legally enforceable nontax debt that is over 180 days delinquent, including nontax debt administered by a third party acting

as an agent for the Federal Government, shall notify the Secretary

of the Treasury of all such nontax debts for purposes of administrative offset under this subsection.

‘‘(7)(A) The disbursing official conducting an administrative

offset with respect to a payment to a payee shall notify the payee

in writing of—

‘‘(i) the occurrence of the administrative offset to satisfy

a past due legally enforceable debt, including a description

of the type and amount of the payment otherwise payable

to the payee against which the offset was executed;

‘‘(ii) the identity of the creditor agency requesting the offset;

and

‘‘(iii) a contact point within the creditor agency that will

handle concerns regarding the offset.

‘‘(B) If the payment to be offset is a periodic benefit payment,

the disbursing official shall take reasonable steps, as determined

by the Secretary of the Treasury, to provide the notice to the

payee not later than the date on which the payee is otherwise

scheduled to receive the payment, or as soon as practical thereafter,

but no later than the date of the administrative offset. Notwithstanding the preceding sentence, the failure of the debtor to receive

such notice shall not impair the legality of such administrative

offset.

‘‘(8) A levy pursuant to the Internal Revenue Code of 1986

shall take precedence over requests for administrative offset pursuant to other laws.

‘‘(d) Nothing in this section is intended to prohibit the use

of any other administrative offset authority existing under statute

or common law.’’.

(3) NONTAX DEBT OR CLAIM DEFINED.—Section 3701 of title

31, United States Code, is amended in subsection (a) by adding

at the end the following new paragraph:

Notification.

Notification.

Rules,

regulations, and

procedures.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–362

‘‘(8) ‘nontax’ means, with respect to any debt or claim,

any debt or claim other than a debt or claim under the Internal

Revenue Code of 1986.’’.

(4) TREASURY CHECK WITHHOLDING.—Section 3712 of title 31,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(e) TREASURY CHECK OFFSET.—

‘‘(1) IN GENERAL.—To facilitate collection of amounts owed

by presenting banks pursuant to subsection (a) or (b), upon

the direction of the Secretary, a Federal reserve bank shall

withhold credit from banks presenting Treasury checks for

ultimate charge to the account of the United States Treasury.

By presenting Treasury checks for payment a presenting bank

is deemed to authorize this offset.

‘‘(2) ATTEMPT TO COLLECT REQUIRED.—Prior to directing

offset under subsection (a)(1), the Secretary shall first attempt

to collect amounts owed in the manner provided by sections

3711 and 3716.’’.

(e) Section 3716 of title 31, United States Code, as amended

by subsection (d)(2) of this section, is further amended by adding

at the end the following new subsections:

‘‘(f) The Secretary may waive the requirements of sections

552a(o) and (p) of title 5 for administrative offset or claims collection

upon written certification by the head of a State or an executive,

judicial, or legislative agency seeking to collect the claim that the

requirements of subsection (a) of this section have been met.

‘‘(g) The Data Integrity Board of the Department of the Treasury established under 552a(u) of title 5 shall review and include

in reports under paragraph (3)(D) of that section a description

of any matching activities conducted under this section. If the

Secretary has granted a waiver under subsection (f) of this section,

no other Data Integrity Board is required to take any action under

section 552a(u) of title 5.’’.

(f) Section 3716 of title 31, United States Code, as amended

by subsections (d) and (e) of this section, is further amended by

adding at the end the following new subsection:

‘‘(h)(1) The Secretary may, in the discretion of the Secretary,

apply subsection (a) with respect to any past-due, legally-enforceable

debt owed to a State if—

‘‘(A) the appropriate State disbursing official requests that

an offset be performed; and

‘‘(B) a reciprocal agreement with the State is in effect

which contains, at a minimum—

‘‘(i) requirements substantially equivalent to subsection

(b) of this section; and

‘‘(ii) any other requirements which the Secretary

considers appropriate to facilitate the offset and prevent

duplicative efforts.

‘‘(2) This subsection does not apply to—

‘‘(A) the collection of a debt or claim on which the administrative costs associated with the collection of the debt or claim

exceed the amount of the debt or claim;

‘‘(B) any collection of any other type, class, or amount

of claim, as the Secretary considers necessary to protect the

interest of the United States; or
110 STAT. 1321–363 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(C) the disbursement of any class or type of payment

exempted by the Secretary of the Treasury at the request

of a Federal agency.

‘‘(3) In applying this section with respect to any debt owed

to a State, subsection (c)(3)(A) shall not apply.’’.

(g)(1) TITLE 31.—Title 31, United States Code, is amended—

(A) in section 3322(a), by inserting ‘‘section 3716 and section 3720A of this title and’’ after ‘‘Except as provided in’’;

(B) in section 3325(a)(3), by inserting ‘‘or pursuant to payment intercepts or offsets pursuant to section 3716 or 3720A

of this title,’’ after ‘‘voucher’’; and

(C) in each of sections 3711(e)(2) and 3717(h) by inserting

‘‘, the Secretary of the Treasury,’’ after ‘‘Attorney General’’.

(2) INTERNAL REVENUE CODE OF 1986.—Subparagraph (A) of

section 6103(l)(10) of the Internal Revenue Code of 1986 (26 U.S.C.

6103(l)(10)) is amended by inserting ‘‘and to officers and employees

of the Department of the Treasury in connection with such reduction’’ after ‘‘6402’’.

(h) Section 5514 of title 5, United States Code, is amended—

(A) in subsection (a)—

(i) by adding at the end of paragraph (1) the following:

‘‘All Federal agencies to which debts are owed and which

have outstanding delinquent debts shall participate in a

computer match at least annually of their delinquent debt

records with records of Federal employees to identify those

employees who are delinquent in repayment of those debts.

The preceding sentence shall not apply to any debt under

the Internal Revenue Code of 1986. Matched Federal

employee records shall include, but shall not be limited

to, records of active Civil Service employees governmentwide, military active duty personnel, military reservists,

United States Postal Service employees, employees of other

government corporations, and seasonal and temporary

employees. The Secretary of the Treasury shall establish

and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate

regulations for this program. Agencies that perform centralized salary offset computer matching services under this

subsection are authorized to charge a fee sufficient to cover

the full cost for such services.’’;

(ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

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

paragraph:

‘‘(3) Paragraph (2) shall not apply to routine intra-agency

adjustments of pay that are attributable to clerical or administrative

errors or delays in processing pay documents that have occurred

within the four pay periods preceding the adjustment and to any

adjustment that amounts to $50 or less, if at the time of such

adjustment, or as soon thereafter as practical, the individual is

provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.’’; and

(iv) by amending paragraph (5)(B) (as redesignated

by clause (ii) of this subparagraph) to read as follows:

‘‘(B) ‘agency’ includes executive departments and agencies, the United States Postal Service, the Postal Rate

Commission, the United States Senate, the United States

Records.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–364

House of Representatives, and any court, court administrative office, or instrumentality in the judicial or legislative

branches of the Government, and government corporations.’’;

(B) by adding after subsection (c) the following new subsection:

‘‘(d) A levy pursuant to the Internal Revenue Code of 1986

shall take precedence over other deductions under this section.’’.

(i)(1) IN GENERAL.—Section 7701 of title 31, United States

Code, is amended by adding at the end the following new subsections:

‘‘(c)(1) The head of each Federal agency shall require each

person doing business with that agency to furnish to that agency

such person’s taxpayer identifying number.

‘‘(2) For purposes of this subsection, a person shall be considered

to be doing business with a Federal agency if the person is—

‘‘(A) a lender or servicer in a Federal guaranteed or insured

loan program administered by the agency;

‘‘(B) an applicant for, or recipient of, a Federal license,

permit, right-of-way, grant, or benefit payment administered

by the agency or insurance administered by the agency;

‘‘(C) a contractor of the agency;

‘‘(D) assessed a fine, fee, royalty or penalty by the agency;

and

‘‘(E) in a relationship with the agency that may give rise

to a receivable due to that agency, such as a partner of a

borrower in or a guarantor of a Federal direct or insured

loan administered by the agency.

‘‘(3) Each agency shall disclose to a person required to furnish

a taxpayer identifying number under this subsection its intent

to use such number for purposes of collecting and reporting on

any delinquent amounts arising out of such person’s relationship

with the Government.

‘‘(4) For purposes of this subsection, a person shall not be

treated as doing business with a Federal agency solely by reason

of being a debtor under third party claims of the United States.

The preceding sentence shall not apply to a debtor owing claims

resulting from petroleum pricing violations or owing claims resulting from Federal loan or loan guarantee/insurance programs.

‘‘(d) Notwithstanding section 552a(b) of title 5, United States

Code, creditor agencies to which a delinquent claim is owed, and

their agents, may match their debtor records with Department

of Health and Human Services, and Department of Labor records

to obtain names (including names of employees), name controls,

names of employers, taxpayer identifying numbers, addresses

(including addresses of employers), and dates of birth. The preceding

sentence shall apply to the disclosure of taxpayer identifying numbers only if such disclosure is not otherwise prohibited by section

6103 of the Internal Revenue Code of 1986. The Department of

Health and Human Services, and the Department of Labor shall

release that information to creditor agencies and may charge reasonable fees sufficient to pay the costs associated with that release.’’.

(2) INCLUDED FEDERAL LOAN PROGRAM DEFINED.—Subparagraph (C) of section 6103(l)(3) of the Internal Revenue Code of

1986 (relating to disclosure that applicant for Federal loan has

tax delinquent account) is amended to read as follows:

26 USC 6103.
110 STAT. 1321–365 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(C) INCLUDED FEDERAL LOAN PROGRAM DEFINED.— For purposes of this paragraph, the term ‘included Federal

loan program’ means any program under which the United

States or a Federal agency makes, guarantees, or insures

loans.’’.

(3) CLERICAL AMENDMENTS.— (A) The chapter title to chapter 77 of subtitle VI of title

31, United States Code, is amended to read as follows:

‘‘CHAPTER 77—ACCESS TO INFORMATION FOR DEBT COLLECTION’’.

(B) The table of chapters for subtitle VI of title 31, United

States Code, is amended by inserting before the item relating

to chapter 91 the following new item:

‘‘77. Access to information for debt collection ............................................ 7701’’.

(j)(1) IN GENERAL.—Title 31, United States Code, is amended

by inserting after section 3720A the following new section:

‘‘§ 3720B. Barring delinquent Federal debtors from obtaining

Federal loans or loan insurance guarantees

‘‘(a) Unless this subsection is waived by the head of a Federal

agency, a person may not obtain any Federal financial assistance

in the form of a loan (other than a disaster loan) or loan insurance

or guarantee administered by the agency if the person has an

outstanding debt (other than a debt under the Internal Revenue

Code of 1986) with any Federal agency which is in a delinquent

status, as determined under standards prescribed by the Secretary

of the Treasury. Such a person may obtain additional loans or

loan guarantees only after such delinquency is resolved in accordance with those standards. The Secretary of the Treasury may

exempt, at the request of an agency, any class of claims.

‘‘(b) The head of a Federal agency may delegate the waiver

authority under subsection (a) to the Chief Financial Officer of

the agency. The waiver authority may be redelegated only to the

Deputy Chief Financial Officer of the agency.’’

(2) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 37 of title 31, United States Code, is amended by

inserting after the item relating to section 3720A the following

new item:

‘‘3720B. Barring delinquent Federal debtors from obtaining Federal loans or loan insurance guarantees.’’.

(k) Section 3711(f) of title 31, United States Code, is amended—

(1) by striking ‘‘may’’ the first place it appears and inserting

‘‘shall’’;

(2) by striking ‘‘an individual’’ each place it appears and

inserting ‘‘a person’’;

(3) by striking ‘‘the individual’’ each place it appears and

inserting ‘‘the person’’; and

(4) by adding at the end the following new paragraphs:

‘‘(4) The head of each executive agency shall require, as a

condition for insuring or guaranteeing any loan, financing, or other

extension of credit under any law to a person, that the lender

provide information relating to the extension of credit to consumer

reporting agencies or commercial reporting agencies, as appropriate.

‘‘(5) The head of each executive agency may provide to a

consumer reporting agency or commercial reporting agency information from a system of records that a person is responsible for

a claim which is current, if notice required by section 552a(e)(4)

Standards.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–366

of title 5 indicates that information in the system may be disclosed

to a consumer reporting agency or commercial reporting agency,

respectively.’’.

(l) Section 3718 of title 31, United States Code, is amended—

(1) in subsection (a), by striking the first sentence and

inserting the following: ‘‘Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the

head of the agency may enter into a contract with a person

for collection service to recover indebtedness owed, or to locate

or recover assets of, the United States Government. The head

of an agency may not enter into a contract under the preceding

sentence to locate or recover assets of the United States held

by a State government or financial institution unless that

agency has established procedures approved by the Secretary

of the Treasury to identify and recover such assets.’’; and

(2) in subsection (d), by inserting ‘‘, or to locate or recover

assets of,’’ after ‘‘owed’’.

(m)(1) IN GENERAL.—Section 3711 of title 31, United States

Code, is amended by adding at the end the following new subsections:

‘‘(g)(1) If a nontax debt or claim owed to the United States

has been delinquent for a period of 180 days—

‘‘(A) the head of the executive, judicial, or legislative agency

that administers the program that gave rise to the debt or

claim shall transfer the debt or claim to the Secretary of the

Treasury; and

‘‘(B) upon such transfer the Secretary of the Treasury shall

take appropriate action to collect or terminate collection actions

on the debt or claim.

‘‘(2) Paragraph (1) shall not apply—

‘‘(A) to any debt or claim that—

‘‘(i) is in litigation or foreclosure;

‘‘(ii) will be disposed of under an asset sales program

within 1 year after becoming eligible for sale, or later

than 1 year if consistent with an asset sales program

and a schedule established by the agency and approved

by the Director of the Office of Management and Budget;

‘‘(iii) has been referred to a private collection contractor

for collection for a period of time determined by the Secretary of the Treasury;

‘‘(iv) has been referred by, or with the consent of,

the Secretary of the Treasury to a debt collection center

for a period of time determined by the Secretary of the

Treasury; or

‘‘(v) will be collected under internal offset, if such offset

is sufficient to collect the claim within 3 years after the

date the debt or claim is first delinquent; and

‘‘(B) to any other specific class of debt or claim, as determined by the Secretary of the Treasury at the request of

the head of an executive, judicial, or legislative agency or

otherwise.

‘‘(3) For purposes of this section, the Secretary of the Treasury

may designate, and withdraw such designation of debt collection

centers operated by other Federal agencies. The Secretary of the

Treasury shall designate such centers on the basis of their performance in collecting delinquent claims owed to the Government.
110 STAT. 1321–367 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(4) At the discretion of the Secretary of the Treasury, referral

of a nontax claim may be made to—

‘‘(A) any executive department or agency operating a debt

collection center for servicing, collection, compromise, or suspension or termination of collection action;

‘‘(B) a private collection contractor operating under a contract for servicing or collection action; or

‘‘(C) the Department of Justice for litigation.

‘‘(5) Nontax claims referred or transferred under this section

shall be serviced, collected, or compromised, or collection action

thereon suspended or terminated, in accordance with otherwise

applicable statutory requirements and authorities. Executive

departments and agencies operating debt collection centers may

enter into agreements with the Secretary of the Treasury to carry

out the purposes of this subsection. The Secretary of the Treasury

shall—

‘‘(A) maintain competition in carrying out this subsection;

‘‘(B) maximize collections of delinquent debts by placing

delinquent debts quickly;

‘‘(C) maintain a schedule of private collection contractors

and debt collection centers eligible for referral of claims; and

‘‘(D) refer delinquent debts to the person most appropriate

to collect the type or amount of claim involved.

‘‘(6) Any agency operating a debt collection center to which

nontax claims are referred or transferred under this subsection

may charge a fee sufficient to cover the full cost of implementing

this subsection. The agency transferring or referring the nontax

claim shall be charged the fee, and the agency charging the fee

shall collect such fee by retaining the amount of the fee from

amounts collected pursuant to this subsection. Agencies may agree

to pay through a different method, or to fund an activity from

another account or from revenue received from the procedure

described under section 3720C of this title. Amounts charged under

this subsection concerning delinquent claims may be considered

as costs pursuant to section 3717(e) of this title.

‘‘(7) Notwithstanding any other law concerning the depositing

and collection of Federal payments, including section 3302(b) of

this title, agencies collecting fees may retain the fees from amounts

collected. Any fee charged pursuant to this subsection shall be

deposited into an account to be determined by the executive department or agency operating the debt collection center charging the

fee (in this subsection referred to in this section as the ‘Account’).

Amounts deposited in the Account shall be available until expended

to cover costs associated with the implementation and operation

of Governmentwide debt collection activities. Costs properly chargeable to the Account include—

‘‘(A) the costs of computer hardware and software, word

processing and telecommunications equipment, and other equipment, supplies, and furniture;

‘‘(B) personnel training and travel costs;

‘‘(C) other personnel and administrative costs;

‘‘(D) the costs of any contract for identification, billing,

or collection services; and

‘‘(E) reasonable costs incurred by the Secretary of the Treasury, including services and utilities provided by the Secretary,

and administration of the Account.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–368

‘‘(8) Not later than January 1 of each year, there shall be

deposited into the Treasury as miscellaneous receipts an amount

equal to the amount of unobligated balances remaining in the

Account at the close of business on September 30 of the preceding

year, minus any part of such balance that the executive department

or agency operating the debt collection center determines is necessary to cover or defray the costs under this subsection for the

fiscal year in which the deposit is made.

‘‘(9) Before discharging any delinquent debt owed to any executive, judicial, or legislative agency, the head of such agency shall

take all appropriate steps to collect such debt, including (as

applicable)—

‘‘(A) administrative offset,

‘‘(B) tax refund offset,

‘‘(C) Federal salary offset,

‘‘(D) referral to private collection contractors,

‘‘(E) referral to agencies operating a debt collection center,

‘‘(F) reporting delinquencies to credit reporting bureaus,

‘‘(G) garnishing the wages of delinquent debtors, and

‘‘(H) litigation or foreclosure.

‘‘(10) To carry out the purposes of this subsection, the Secretary

of the Treasury may prescribe such rules, regulations, and procedures as the Secretary considers necessary and transfer such funds

from funds appropriated to the Department of the Treasury as

may be necessary to meet existing liabilities and obligations

incurred prior to the receipt of revenues that result from debt

collections.

‘‘(h)(1) The head of an executive, judicial, or legislative agency

acting under subsection (a)(1), (2), or (3) of this section to collect

a claim, compromise a claim, or terminate collection action on

a claim may obtain a consumer report (as that term is defined

in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a))

or comparable credit information on any person who is liable for

the claim.

‘‘(2) The obtaining of a consumer report under this subsection

is deemed to be a circumstance or purpose authorized or listed

under section 604 of the Fair Credit Reporting Act (15 U.S.C.

1681b).’’.

(2) RETURNS RELATING TO CANCELLATION OF INDEBTEDNESS

BY CERTAIN ENTITIES.—

(A) IN GENERAL.—Subsection (a) of section 6050P of the

Internal Revenue Code of 1986 (relating to returns relating

to the cancellation of indebtedness by certain financial entities)

is amended by striking ‘‘applicable financial entity’’ and inserting ‘‘applicable entity’’.

(B) ENTITIES TO WHICH REQUIREMENT APPLIES.—Subsection

(c) of section 6050P of such Code is amended—

(i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and inserting before paragraph (2) (as so redesignated) the following new paragraph:

‘‘(1) APPLICABLE ENTITY.—The term ‘applicable entity’

means—

‘‘(A) an executive, judicial, or legislative agency (as

defined in section 3701(a)(4) of title 31, United States

Code), and

‘‘(B) an applicable financial entity.’’, and

26 USC 6050P.
110 STAT. 1321–369 PUBLIC LAW 104–134—APR. 26, 1996

(ii) in paragraph (3), as so redesignated, by striking

‘‘(1)(B)’’ and inserting ‘‘(1)(A) or (2)(B)’’.

(C) ALTERNATIVE PROCEDURE.—Section 6050P of such Code

is amended by adding at the end the following new subsection:

‘‘(e) ALTERNATIVE PROCEDURE.—In lieu of making a return

required under subsection (a), an agency described in subsection

(c)(1)(A) may submit to the Secretary (at such time and in such

form as the Secretary may by regulations prescribe) information

sufficient for the Secretary to complete such a return on behalf

of such agency. Upon receipt of such information, the Secretary

shall complete such return and provide a copy of such return

to such agency.’’

(D) CONFORMING AMENDMENTS.—

(i) Subsection (d) of section 6050P of such Code is

amended by striking ‘‘applicable financial entity’’ and

inserting ‘‘applicable entity’’.

(ii) The heading of section 6050P of such Code is

amended to read as follows:

‘‘SEC. 6050P. RETURNS RELATING TO THE CANCELLATION OF INDEBTEDNESS BY CERTAIN ENTITIES.’’

(iii) The table of sections for subpart B of part III

of subchapter A of chapter 61 of such Code is amended

by striking the item relating to section 6050P and inserting

the following new item:

‘‘Sec. 6050P. Returns relating to the cancellation of indebtedness by certain

entities.’’

(n) Effective October 1, 1995, section 11 of the Administrative

Dispute Resolution Act (Public Law 101–552, 5 U.S.C. 571 note)

shall not apply to the amendment made by section 8(b) of such

Act.

(o)(1) IN GENERAL.—Chapter 37 of title 31, United States Code,

is amended in subchapter II by adding after section 3720C, as

added by subsection (t) of this section, the following new section:

‘‘§ 3720D. Garnishment

‘‘(a) Notwithstanding any provision of State law, the head of

an executive, judicial, or legislative agency that administers a program that gives rise to a delinquent nontax debt owed to the

United States by an individual may in accordance with this section

garnish the disposable pay of the individual to collect the amount

owed, if the individual is not currently making required repayment

in accordance with any agreement between the agency head and

the individual.

‘‘(b) In carrying out any garnishment of disposable pay of an

individual under subsection (a), the head of an executive, judicial,

or legislative agency shall comply with the following requirements:

‘‘(1) The amount deducted under this section for any pay

period may not exceed 15 percent of disposable pay, except

that a greater percentage may be deducted with the written

consent of the individual.

‘‘(2) The individual shall be provided written notice, sent

by mail to the individual’s last known address, a minimum

of 30 days prior to the initiation of proceedings, from the

head of the executive, judicial, or legislative agency, informing

the individual of—

‘‘(A) the nature and amount of the debt to be collected;

Notification.

Effective date.

31 USC 3711

note.

26 USC 6050P.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–370

‘‘(B) the intention of the agency to initiate proceedings

to collect the debt through deductions from pay; and

‘‘(C) an explanation of the rights of the individual

under this section.

‘‘(3) The individual shall be provided an opportunity to

inspect and copy records relating to the debt.

‘‘(4) The individual shall be provided an opportunity to

enter into a written agreement with the executive, judicial,

or legislative agency, under terms agreeable to the head of

the agency, to establish a schedule for repayment of the debt.

‘‘(5) The individual shall be provided an opportunity for

a hearing in accordance with subsection (c) on the determination of the head of the executive, judicial, or legislative agency

concerning—

‘‘(A) the existence or the amount of the debt, and

‘‘(B) in the case of an individual whose repayment

schedule is established other than by a written agreement

pursuant to paragraph (4), the terms of the repayment

schedule.

‘‘(6) If the individual has been reemployed within 12 months

after having been involuntarily separated from employment,

no amount may be deducted from the disposable pay of the

individual until the individual has been reemployed continuously for at least 12 months.

‘‘(c)(1) A hearing under subsection (b)(5) shall be provided prior

to issuance of a garnishment order if the individual, on or before

the 15th day following the mailing of the notice described in subsection (b)(2), and in accordance with such procedures as the head

of the executive, judicial, or legislative agency may prescribe, files

a petition requesting such a hearing.

‘‘(2) If the individual does not file a petition requesting a

hearing prior to such date, the head of the agency shall provide

the individual a hearing under subsection (a)(5) upon request, but

such hearing need not be provided prior to issuance of a garnishment order.

‘‘(3) The hearing official shall issue a final decision at the

earliest practicable date, but not later than 60 days after the

filing of the petition requesting the hearing.

‘‘(d) The notice to the employer of the withholding order shall

contain only such information as may be necessary for the employer

to comply with the withholding order.

‘‘(e)(1) An employer may not discharge from employment, refuse

to employ, or take disciplinary action against an individual subject

to wage withholding in accordance with this section by reason

of the fact that the individual’s wages have been subject to garnishment under this section, and such individual may sue in a State

or Federal court of competent jurisdiction any employer who takes

such action.

‘‘(2) The court shall award attorneys’ fees to a prevailing

employee and, in its discretion, may order reinstatement of the

individual, award punitive damages and back pay to the employee,

or order such other remedy as may be reasonably necessary.

‘‘(f)(1) The employer of an individual—

‘‘(A) shall pay to the head of an executive, judicial, or

legislative agency as directed in a withholding order issued

in an action under this section with respect to the individual,

and

Courts.

Contracts.

Records.
110 STAT. 1321–371 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(B) shall be liable for any amount that the employer

fails to withhold from wages due an employee following receipt

by such employer of notice of the withholding order, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages.

‘‘(2)(A) The head of an executive, judicial, or legislative agency

may sue an employer in a State or Federal court of competent

jurisdiction to recover amounts for which the employer is liable

under paragraph (1)(B).

‘‘(B) A suit under this paragraph may not be filed before the

termination of the collection action, unless earlier filing is necessary

to avoid expiration of any applicable statute of limitations period.

‘‘(3) Notwithstanding paragraphs (1) and (2), an employer shall

not be required to vary its normal pay and disbursement cycles

in order to comply with this subsection.

‘‘(g) For the purpose of this section, the term ‘disposable pay’

means that part of the compensation of any individual from an

employer remaining after the deduction of any amounts required

by any other law to be withheld.

‘‘(h) The Secretary of the Treasury shall issue regulations to

implement this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 37 of title 31, United States Code, is amended by

inserting after the item relating to section 3720C (as added by

subsection (t) of this section) the following new item:

‘‘3720D. Garnishment.’’.

(p) Section 3711 of title 31, United States Code, as amended

by subsection (m) of this section, is further amended by adding

at the end the following new subsection:

‘‘(i)(1) The head of an executive, judicial, or legislative agency

may sell, subject to section 504(b) of the Federal Credit Reform

Act of 1990 and using competitive procedures, any nontax debt

owed to the United States that is delinquent for more than 90

days. Appropriate fees charged by a contractor to assist in the

conduct of a sale under this subsection may be payable from the

proceeds of the sale.

‘‘(2) After terminating collection action, the head of an executive, judicial, or legislative agency shall sell, using competitive

procedures, any nontax debt or class of nontax debts owed to

the United States, if the Secretary of the Treasury determines

the sale is in the best interests of the United States.

‘‘(3) Sales of nontax debt under this subsection—

‘‘(A) shall be for—

‘‘(i) cash, or

‘‘(ii) cash and a residuary equity or profit participation,

if the head of the agency reasonably determines that the

proceeds will be greater than sale solely for cash,

‘‘(B) shall be without recourse, but may include the use

of guarantees if otherwise authorized, and

‘‘(C) shall transfer to the purchaser all rights of the Government to demand payment of the nontax debt, other than with

respect to a residuary equity or profit participation under

subparagraph (A)(ii).

‘‘(4)(A) Within one year after the date of enactment of the

Debt Collection Improvement Act of 1996, each executive agency

with current and delinquent collateralized nontax debts shall report

to the Congress on the valuation of its existing portfolio of loans,

Reports.

Regulations.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–372

notes and guarantees, and other collateralized debts based on standards developed by the Director of the Office of Management and

Budget, in consultation with the Secretary of the Treasury.

‘‘(B) The Director of the Office of Management and Budget

shall determine what information is required to be reported to

comply with subparagraph (A). At a minimum, for each financing

account and for each liquidating account (as those terms are defined

in sections 502(7) and 502(8), respectively, of the Federal Credit

Reform Act of 1990) the following information shall be reported:

‘‘(i) The cumulative balance of current debts outstanding,

the estimated net present value of such debts, the annual

administrative expenses of those debts (including the portion

of salaries and expenses that are directly related thereto), and

the estimated net proceeds that would be received by the

Government if such debts were sold.

‘‘(ii) The cumulative balance of delinquent debts, debts

outstanding, the estimated net present value of such debts,

the annual administrative expenses of those debts (including

the portion of salaries and expenses that are directly related

thereto), and the estimated net proceeds that would be received

by the Government if such debts were sold.

‘‘(iii) The cumulative balance of guaranteed loans outstanding, the estimated net present value of such guarantees, the

annual administrative expenses of such guarantees (including

the portion of salaries and expenses that are directly related

to such guaranteed loans), and the estimated net proceeds

that would be received by the Government if such loan guarantees were sold.

‘‘(iv) The cumulative balance of defaulted loans that were

previously guaranteed and have resulted in loans receivables,

the estimated net present value of such loan assets, the annual

administrative expenses of such loan assets (including the portion of salaries and expenses that are directly related to such

loan assets), and the estimated net proceeds that would be

received by the Government if such loan assets were sold.

‘‘(v) The marketability of all debts.

‘‘(5) This subsection is not intended to limit existing statutory

authority of agencies to sell loans, debts, or other assets.’’.

(q) Section 3717 of title 31, United States Code, is amended

by adding at the end of subsection (h) the following new subsection:

‘‘(i)(1) The head of an executive, judicial, or legislative agency

may increase an administrative claim by the cost of living adjustment in lieu of charging interest and penalties under this section.

Adjustments under this subsection will be computed annually.

‘‘(2) For the purpose of this subsection—

‘‘(A) the term ‘cost of living adjustment’ means the percentage by which the Consumer Price Index for the month of

June of the calendar year preceding the adjustment exceeds

the Consumer Price Index for the month of June of the calendar

year in which the claim was determined or last adjusted; and

‘‘(B) the term ‘administrative claim’ includes all debt that

is not based on an extension of Government credit through

direct loans, loan guarantees, or insurance, including fines,

penalties, and overpayments.’’.

(r)(1) IN GENERAL.—Chapter 37 of title 31, United States Code,

is amended in subchapter II by adding after section 3720D, as

added by subsection (o) of this section, the following new section:
110 STAT. 1321–373 PUBLIC LAW 104–134—APR. 26, 1996

‘‘§ 3720E. Dissemination of information regarding identity

of delinquent debtors

‘‘(a) The head of any agency may, with the review of the

Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly

disseminate information regarding the identity of the person and

the existence of the nontax debt.

‘‘(b)(1) The Secretary of the Treasury, in consultation with

the Director of the Office of Management and Budget and the

heads of other appropriate Federal agencies, shall issue regulations

establishing procedures and requirements the Secretary considers

appropriate to carry out this section.

‘‘(2) Regulations under this subsection shall include—

‘‘(A) standards for disseminating information that maximize

collections of delinquent nontax debts, by directing actions

under this section toward delinquent debtors that have assets

or income sufficient to pay their delinquent nontax debt;

‘‘(B) procedures and requirements that prevent dissemination of information under this section regarding persons who

have not had an opportunity to verify, contest, and compromise

their nontax debt in accordance with this subchapter; and

‘‘(C) procedures to ensure that persons are not incorrectly

identified pursuant to this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 37 of title 31, United States Code, is amended by

adding after the item relating to section 3720D (as added by subsection (o) of this section) the following new item:

‘‘3720E. Dissemination of information regarding identity of delinquent debtors.’’.

(s)(1) IN GENERAL.—The Federal Civil Penalties Inflation

Adjustment Act of 1990 (Public Law 101–410, 104 Stat. 890; 28

U.S.C. 2461 note) is amended—

(A) by amending section 4 to read as follows:

‘‘SEC. 4. The head of each agency shall, not later than 180

days after the date of enactment of the Debt Collection Improvement

Act of 1996, and at least once every 4 years thereafter—

‘‘(1) by regulation adjust each civil monetary penalty provided by law within the jurisdiction of the Federal agency,

except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986, the

Tariff Act of 1930, the Occupational Safety and Health Act

of 1970, or the Social Security Act, by the inflation adjustment

described under section 5 of this Act; and

‘‘(2) publish each such regulation in the Federal Register.’’;

(B) in section 5(a), by striking ‘‘The adjustment described

under paragraphs (4) and (5)(A) of section 4’’ and inserting

‘‘The inflation adjustment under section 4’’; and

(C) by adding at the end the following new section:

‘‘SEC. 7. Any increase under this Act in a civil monetary penalty

shall apply only to violations which occur after the date the increase

takes effect.’’.

(2) LIMITATION ON INITIAL ADJUSTMENT.—The first adjustment

of a civil monetary penalty made pursuant to the amendment

made by paragraph (1) may not exceed 10 percent of such penalty.

(t)(1) IN GENERAL.—Title 31, United States Code, is amended

by inserting after section 3720B (as added by subsection (j) of

this section) the following new section:

28 USC 2461

note.

Federal Register,

Publication.

Regulations.

Regulations.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–374

‘‘§ 3720C. Debt Collection Improvement Account

‘‘(a)(1) There is hereby established in the Treasury a special

fund to be known as the ‘Debt Collection Improvement Account’

(hereinafter in this section referred to as the ‘Account’).

‘‘(2) The Account shall be maintained and managed by the

Secretary of the Treasury, who shall ensure that agency programs

are credited with amounts transferred under subsection (b)(1).

‘‘(b)(1) Not later than 30 days after the end of a fiscal year,

an agency may transfer to the Account the amount described in

paragraph (3), as adjusted under paragraph (4).

‘‘(2) Agency transfers to the Account may include collections

from—

‘‘(A) salary, administrative, and tax refund offsets;

‘‘(B) the Department of Justice;

‘‘(C) private collection agencies;

‘‘(D) sales of delinquent loans; and

‘‘(E) contracts to locate or recover assets.

‘‘(3) The amount referred to in paragraph (1) shall be 5 percent

of the amount of delinquent debt collected by an agency in a

fiscal year, minus the greater of—

‘‘(A) 5 percent of the amount of delinquent nontax debt

collected by the agency in the previous fiscal year, or

‘‘(B) 5 percent of the average annual amount of delinquent

nontax debt collected by the agency in the previous 4 fiscal

years.

‘‘(4) In consultation with the Secretary of the Treasury, the

Office of Management and Budget may adjust the amount described

in paragraph (3) for an agency to reflect the level of effort in

credit management programs by the agency. As an indicator of

the level of effort in credit management, the Office of Management

and Budget shall consider the following:

‘‘(A) The number of days between the date a claim or

debt became delinquent and the date which an agency referred

the debt or claim to the Secretary of the Treasury or obtained

an exemption from this referral under section 3711(g)(2) of

this title.

‘‘(B) The ratio of delinquent debts or claims to total receivables for a given program, and the change in this ratio over

a period of time.

‘‘(c)(1) The Secretary of the Treasury may make payments

from the Account solely to reimburse agencies for qualified expenses.

For agencies with franchise funds, such payments may be credited

to subaccounts designated for debt collection.

‘‘(2) For purposes of this section, the term ‘qualified expenses’

means expenditures for the improvement of credit management,

debt collection, and debt recovery activities, including—

‘‘(A) account servicing (including cross-servicing under section 3711(g) of this title),

‘‘(B) automatic data processing equipment acquisitions,

‘‘(C) delinquent debt collection,

‘‘(D) measures to minimize delinquent debt,

‘‘(E) sales of delinquent debt,

‘‘(F) asset disposition, and

‘‘(G) training of personnel involved in credit and debt

management.

‘‘(3)(A) Amounts transferred to the Account shall be available

to the Secretary of the Treasury for purposes of this section to

Nomenclature.
110 STAT. 1321–375 PUBLIC LAW 104–134—APR. 26, 1996

the extent and in amounts provided in advance in appropriations

Acts.

‘‘(B) As soon as practicable after the end of the third fiscal

year after which amounts transferred are first available pursuant

to this section, and every 3 years thereafter, any uncommitted

balance in the Account shall be transferred to the general fund

of the Treasury as miscellaneous receipts.

‘‘(d) For direct loans and loan guarantee programs subject to

title V of the Congressional Budget Act of 1974, amounts credited

in accordance with subsection (c) shall be considered administrative

costs.

‘‘(e) The Secretary of the Treasury shall prescribe such rules,

regulations, and procedures as the Secretary considers necessary

or appropriate to carry out the purposes of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections for chapter

37 of title 31, United States Code, is amended by inserting after

the item relating to section 3720B (as added by subsection (j)

of this section) the following new item:

‘‘3720C. Debt Collection Improvement Account.’’.

(u)(1) DISCRETIONARY AUTHORITY.—Section 3720A of title 31,

United States Code, is amended by adding after subsection (h)

the following new subsection:

‘‘(i) An agency subject to section 9 of the Act of May 18,

1933 (16 U.S.C. 831h), may implement this section at its discretion.’’.

(2) FEDERAL AGENCY DEFINED.—Section 6402(f) of the Internal

Revenue Code of 1986 (26 U.S.C. 6402(f)) is amended to read

as follows:

‘‘(f) FEDERAL AGENCY.—For purposes of this section, the term

‘Federal agency’ means a department, agency, or instrumentality

of the United States, and includes a Government corporation (as

such term is defined in section 103 of title 5, United States Code).’’.

(v)(1) NOTIFICATION OF SECRETARY OF THE TREASURY.—Section

3720A(a) of title 31, United States Code, is amended to read as

follows:

‘‘(a) Any Federal agency that is owed by a person a pastdue, legally enforceable debt (including debt administered by a

third party acting as an agent for the Federal Government) shall,

and any agency subject to section 9 of the Act of May 18, 1933

(16 U.S.C. 831h), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary

of the Treasury at least once each year of the amount of such

debt.’’.

(2) IMPLEMENTATION OF SUPPORT COLLECTION BY SECRETARY

OF THE TREASURY.—Section 464(a) of the Social Security Act (42

U.S.C. 664(a)) is amended—

(1) in paragraph (1), by adding at the end the following:

‘‘This subsection may be executed by the disbursing official

of the Department of the Treasury.’’; and

(2) in paragraph (2)(A), by adding at the end the following:

‘‘This subsection may be executed by the Secretary of the

Department of the Treasury or his designee.’’.

(w) Section 3720A(h) of title 31, United States Code, is amended

to read as follows:

‘‘(h)(1) The disbursing official of the Department of the Treasury—

Notification. ‘‘(1) shall notify a taxpayer in writing of—

Notification.

Rules,

regulations, and

procedures.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–376

‘‘(A) the occurrence of an offset to satisfy a past-due

legally enforceable nontax debt;

‘‘(B) the identity of the creditor agency requesting the

offset; and

‘‘(C) a contact point within the creditor agency that

will handle concerns regarding the offset;

‘‘(2) shall notify the Internal Revenue Service on a weekly

basis of—

‘‘(A) the occurrence of an offset to satisfy a past-due

legally enforceable non-tax debt;

‘‘(B) the amount of such offset; and

‘‘(C) any other information required by regulations;

and

‘‘(3) shall match payment records with requests for offset

by using a name control, taxpayer identifying number (as that

term is used in section 6109 of the Internal Revenue Code

of 1986), and any other necessary identifiers.’’.

‘‘(h)(2) The term ‘disbursing official’ of the Department of the

Treasury means the Secretary or his designee.’’

(x)(1) AMENDMENTS RELATING TO ELECTRONIC FUNDS TRANSFER.—Section 3332 of title 31, United States Code, popularly known

as the Federal Financial Management Act of 1994, is amended—

(A) by redesignating subsection (e) as subsection (h), and

inserting after subsection (d) the following new subsections:

‘‘(e)(1) Notwithstanding subsections (a) through (d) of this section, sections 5120 (a) and (d) of title 38, and any other provision

of law, all Federal payments to a recipient who becomes eligible

for that type of payment after 90 days after the date of the enactment of the Debt Collection Improvement Act of 1996 shall be

made by electronic funds transfer.

‘‘(2) The head of a Federal agency shall, with respect to Federal

payments made or authorized by the agency, waive the application

of paragraph (1) to a recipient of those payments upon receipt

of written certification from the recipient that the recipient does

not have an account with a financial institution or an authorized

payment agent.

‘‘(f)(1) Notwithstanding any other provision of law (including

subsections (a) through (e) of this section and sections 5120 (a)

and (d) of title 38), except as provided in paragraph (2) all Federal

payments made after January 1, 1999, shall be made by electronic

funds transfer.

‘‘(2)(A) The Secretary of the Treasury may waive application

of this subsection to payments—

‘‘(i) for individuals or classes of individuals for whom

compliance imposes a hardship;

‘‘(ii) for classifications or types of checks; or

‘‘(iii) in other circumstances as may be necessary.

‘‘(B) The Secretary of the Treasury shall make determinations

under subparagraph (A) based on standards developed by the Secretary.

‘‘(g) Each recipient of Federal payments required to be made

by electronic funds transfer shall—

‘‘(1) designate 1 or more financial institutions or other

authorized agents to which such payments shall be made; and

‘‘(2) provide to the Federal agency that makes or authorizes

the payments information necessary for the recipient to receive

Records.

Notification.
110 STAT. 1321–377 PUBLIC LAW 104–134—APR. 26, 1996

electronic funds transfer payments through each institution

or agent designated under paragraph (1).’’; and

(B) by adding after subsection (h) (as so redesignated)

the following new subsections:

‘‘(i)(1) The Secretary of the Treasury may prescribe regulations

that the Secretary considers necessary to carry out this section.

‘‘(2) Regulations under this subsection shall ensure that individuals required under subsection (g) to have an account at a financial

institution because of the application of subsection (f)(1)—

‘‘(A) will have access to such an account at a reasonable

cost; and

‘‘(B) are given the same consumer protections with respect

to the account as other account holders at the same financial

institution.

‘‘(j) For purposes of this section—

‘‘(1) The term ‘electronic funds transfer’ means any transfer

of funds, other than a transaction originated by cash, check,

or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the

purpose of ordering, instructing, or authorizing a financial

institution to debit or credit an account. The term includes

Automated Clearing House transfers, Fed Wire transfers, transfers made at automatic teller machines, and point-of-sale

terminals.

‘‘(2) The term ‘Federal agency’ means—

‘‘(A) an agency (as defined in section 101 of this title);

and

‘‘(B) a Government corporation (as defined in section

103 of title 5).

‘‘(3) The term ‘Federal payments’ includes—

‘‘(A) Federal wage, salary, and retirement payments;

‘‘(B) vendor and expense reimbursement payments; and

‘‘(C) benefit payments.

Such term shall not include any payment under the Internal

Revenue Code of 1986.’’

(2) AMENDMENTS RELATING TO SUBSTITUTE CHECKS.—Section

3331 of title 31, United States Code, is amended—

(A) in subsection (b), by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (c) or (f)’’;

(B) by redesignating subsection (f) as subsection (g); and

(C) by inserting after subsection (e) the following new

subsection:

‘‘(f) The Secretary may waive any provision of this section

as may be necessary to ensure that claimants receive timely

payments.’’.

(3) PERMANENT FUNDING OF THE CHECK FORGERY INSURANCE

FUND.—Section 3343 of title 31, United States Code, is amended—

(A) in subsection (a), by amending the second sentence

to read as follows: ‘‘Necessary amounts are hereafter appropriated to the Fund out of any moneys in the Treasury not

otherwise appropriated, and shall remain available until

expended to make the payments required or authorized under

this section.’’;

(B) in subsection (b)—

(i) by inserting ‘‘in the determination of the Secretary

the payee or special endorse establishes that’’ after ‘‘without

interest if’’;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–378

(ii) in paragraph (2), by inserting ‘‘and’’ after the semicolon;

(iii) in paragraph (3), by striking ‘‘; and’’ and inserting

a period; and

(iv) by striking paragraph (4);

(C) in subsection (d), by inserting after the first sentence

the following new sentence: ‘‘The Secretary may use amounts

in the Fund to reimburse payment certifying or authorizing

agencies for any payment that the Secretary determines would

otherwise have been payable from the Fund, and may reimburse

certifying or authorizing agencies with amounts recovered

because of payee nonentitlement.’’;

(D) by redesignating subsection (e) as subsection (g); and

(E) by inserting after subsection (d) the following new

subsections:

‘‘(e) The Secretary may waive any provision of this section

as may be necessary to ensure that claimants receive timely

payments.

‘‘(f) Under such conditions as the Secretary may prescribe,

the Secretary may delegate duties and powers of the Secretary

under this section to the head of an agency. Consistent with a

delegation from the Secretary under this subsection, the head of

an agency may redelegate those duties and powers to officers or

employees of the agency.’’.

(y) Section 3325 of title 31, United States Code, is amended

by adding at the end the following new subsection:

‘‘(d) The head of an executive agency or an officer or employee

of an executive agency referred to in subsection (a)(1)(B), as

applicable, shall include with each certified voucher submitted to

a disbursing official pursuant to this section the taxpayer identifying

number of each person to whom payment may be made under

the voucher.’’.

(z)(1) IN GENERAL.—Section 3701 of title 31, United States

Code, is amended—

(A) by amending subsection (a)(1) to read as follows:

‘‘(1) ‘administrative offset’ means withholding funds payable by the United States (including funds payable by the

United States on behalf of a State government) to, or held

by the United States for, a person to satisfy a claim.’’;

(B) by amending subsection (b) to read as follows:

‘‘(b)(1) In subchapter II of this chapter and subsection (a)(8)

of this section, the term ‘claim’ or ‘debt’ means any amount of

funds or property that has been determined by an appropriate

official of the Federal Government to be owed to the United States

by a person, organization, or entity other than another Federal

agency. A claim includes, without limitation—

‘‘(A) funds owed on account of loans made, insured, or

guaranteed by the Government, including any deficiency or

any difference between the price obtained by the Government

in the sale of a property and the amount owed to the Government on a mortgage on the property,

‘‘(B) expenditures of nonappropriated funds,

‘‘(C) over-payments, including payments disallowed by

audits performed by the Inspector General of the agency administering the program,

‘‘(D) any amount the United States is authorized by statute

to collect for the benefit of any person,
110 STAT. 1321–379 PUBLIC LAW 104–134—APR. 26, 1996

‘‘(E) the unpaid share of any non-Federal partner in a

program involving a Federal payment and a matching, or costsharing, payment by the non-Federal partner,

‘‘(F) any fines or penalties assessed by an agency; and

‘‘(G) other amounts of money or property owed to the

Government.

‘‘(2) For purposes of section 3716 of this title, each of the

terms ‘claim’ and ‘debt’ includes an amount of funds or property

owed by a person to a State (including any past-due support being

enforced by the State), the District of Columbia, American Samoa,

Guam, the United States Virgin Islands, the Commonwealth of

the Northern Mariana Islands, or the Commonwealth of Puerto

Rico.’’;

(C) by adding after subsection (d) the following new subsection:

‘‘(e) In section 3716 of this title—

‘‘(1) ‘creditor agency’ means any agency owed a claim that

seeks to collect that claim through administrative offset; and

‘‘(2) ‘payment certifying agency’ means any agency that

has transmitted a voucher to a disbursing official for disbursement.

‘‘(f) In section 3711 of this title, ‘private collection contractor’

means private debt collectors under contract with an agency to

collect a nontax debt or claim owed the United States. The term

includes private debt collectors, collection agencies, and commercial

attorneys.’’; and

(D) by amending subsection (d) to read as follows:

‘‘(d) Sections 3711(f) and 3716–3719 of this title do not apply

to a claim or debt under, or to an amount payable under—

‘‘(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et

seq.),

‘‘(2) the Social Security Act (42 U.S.C. 301 et seq.), except

to the extent provided under section 204(f) of such Act and

section 3716(c) of this title, or

‘‘(3) the tariff laws of the United States.’’.

(2) SOCIAL SECURITY.—

(A) APPLICATION OF AMENDMENTS MADE BY THIS ACT.—

Subsection (f) of section 204 of the Social Security Act (42

U.S.C. 404) is amended to read as follows:

‘‘(f)(1) With respect to any deliquent amount, the Commissioner of Social Security may use the collection practices

described in sections 3711(f), 3716, 3717, and 3718 of title

31, United States Code and in section 5514 of title 5, United

States Code, as in effect immediately after the enactment of

the Debt Collection Improvement Act of 1996.’’

(B) PERMANENT APPLICATION.—Subsection (c) of section 5

of the Social Security Domestic Reform Act of 1994 (Public

Law 103–387) is amended by striking ‘‘and before’’ and all

that follows and inserting a period.

(aa)(1) GUIDELINES.—The Secretary of the Treasury, in consultation with concerned Federal agencies, may establish guidelines,

including information on outstanding debt, to assist agencies in

the performance and monitoring of debt collection activities.

(2) REPORT.—Not later than 3 years after the date of enactment

of this Act, the Secretary of the Treasury shall report to the Congress on collection services provided by Federal agencies or entities

collecting debt on behalf of other Federal agencies under the

31 USC 3711

note.

31 USC 3711

note.

31 USC 3701

note.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–380

authorities contained in section 3711(g) of title 31, United States

Code, as added by subsection (m) of this section.

(3) AGENCY REPORTS.—Section 3719 of title 31, United States

Code, is amended—

(A) in subsection (a)—

(i) by amending the first sentence to read as follows:

‘‘In consultation with the Comptroller General of the United

States, the Secretary of the Treasury shall prescribe regulations requiring the head of each agency with outstanding

nontax claims to prepare and submit to the Secretary at

least once each year a report summarizing the status of

loans and accounts receivable that are managed by the

head of the agency.’’; and

(ii) in paragraph (3), by striking ‘‘Director’’ and inserting ‘‘Secretary’’; and

(B) in subsection (b), by striking ‘‘Director’’ and inserting

‘‘Secretary’’.

(4) CONSOLIDATION OF REPORTS.—Notwithstanding any other

provision of law, the Secretary of the Treasury may consolidate

reports concerning debt collection otherwise required to be submitted by the Secretary into one annual report.

(bb) The Director of the Office of Management and Budget

shall—

(1) review the standards and policies of each Federal agency

for compromising, writing-down, forgiving, or discharging

indebtedness arising from programs of the agency;

(2) determine whether those standards and policies are

consistent and protect the interests of the United States;

(3) in the case of any Federal agency standard or policy

that the Director determines is not consistent or does not

protect the interests of the United States, direct the head

of the agency to make appropriate modifications to the standard

or policy; and

(4) report annually to the Congress on—

(A) deficiencies in the standards and policies of Federal

agencies for compromising, writing-down, forgiving, or

discharging indebtedness; and

(B) progress made in improving those standards and

policies.

(cc)(1) ELIMINATION OF MINIMUM NUMBER OF CONTRACTS.—

Section 3718(b)(1)(A) of title 31, United States Code, is amended

by striking the fourth sentence.

(2) REPEAL.—Sections 3 and 5 of the Act of October 28, 1986

(popularly known as the Federal Debt Recovery Act; Public Law

99–578, 100 Stat. 3305) are hereby repealed.

FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES

EXPENSES

(RECISSIONS)

SEC. 31002. (a) Of the funds available to the agencies of the

Federal Government, $500,000,000 are hereby rescinded: Provided,

That rescissions pursuant to this paragraph shall be taken only

from administrative and personal services and contractual services

and supplies accounts: Provided further, That rescissions shall be

taken on a pro rata basis from funds available to every Federal

31 USC 3718

notes.

31 USC 3711

note.

31 USC 3719

note.

Regulations.
110 STAT. 1321–381 PUBLIC LAW 104–134—APR. 26, 1996

LEGISLATIVE HISTORY—H.R. 3019 (S. 1594):

HOUSE REPORTS: No. 104–537 (Comm. of Conference).

SENATE REPORTS: No. 104–236 accompanying S. 1594 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Mar. 7, considered and passed House.

Mar. 11–15, 18, 19, considered and passed Senate, amended.

Apr. 25, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Apr. 26, Presidential statement.

Æ

agency, department, and office in the Executive Branch, including

the Office of the President.

(b) Within 30 days of enactment of this Act, the Director of

the Office of Management and Budget shall submit to the Committees on Appropriations of the House and Senate a listing of the

amounts by account of the reductions made pursuant to the provisions of subsections (a) and (b) of this section.

This Act may be cited as the ‘‘Omnibus Consolidated Rescissions

and Appropriations Act of 1996’’.

Approved April 26, 1996.

Records.