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[104th Congress Public Law 134]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ134.104]

[[Page 110 STAT. 1321]]

  

  
* 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. <<NOTE: Apr. 26, 
                         1996 -  [H.R. 3019]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 
assembled, <<NOTE: Omnibus Consolidated Rescissions 
and Appropriations Act of 1996.>> 

    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:
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    * 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.
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 AN <<NOTE: Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriation Act, 1996.>> 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 full-time 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.

[[Page 110 STAT. 1321-1]]

                          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.

[[Page 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

[[Page 110 STAT. 1321-3]]

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 full-
time equivalent workyears available to the Office of the United States 
Attorneys, not to exceed 8,595 positions and 8,862 full-time 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

[[Page 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,

[[Page 110 STAT. 1321-5]]

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.

    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.

[[Page 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 federally-owned buildings; 
and preliminary planning and design of projects; $97,589,000, to remain 
available until expended.

[[Page 110 STAT. 1321-7]]

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,208 passenger motor vehicles, of 
which 1,178 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft; 
$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.

    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

[[Page 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.

[[Page 110 STAT. 1321-9]]

                              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 <<NOTE: 42 USC 250a.>> 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

[[Page 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.

    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).

[[Page 110 STAT. 1321-11]]

          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.

[[Page 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

[[Page 110 STAT. 1321-13]]

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,

[[Page 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:

[[Page 110 STAT. 1321-15]]

  ``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing 
                            Incentive Grants

``SEC. 20101. DEFINITIONS. <<NOTE: 42 USC 13701.>> 

    ``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 <<NOTE: 42 USC 13702.>> OF GRANTS.

    ``(a) In General.--The Attorney General shall provide Violent 
Offender Incarceration grants under section 20103 and Truth-in-
Sentencing 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

[[Page 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. <<NOTE: 42 USC 13703.>> 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 Persons 
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 Incarceration 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. <<NOTE: 42 USC 13704.>> 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,

[[Page 110 STAT. 1321-17]]

        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 <<NOTE: 42 USC 13705.>> 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

[[Page 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. <<NOTE: 42 USC 13706.>> 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.

[[Page 110 STAT. 1321-19]]

    ``(b) Allocation of Truth-in-Sentencing Grants Under Section 
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. <<NOTE: 42 USC 13707.>> 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. <<NOTE: 42 USC 13708.>> 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.

[[Page 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. <<NOTE: 42 USC 13709.>> 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.

[[Page 110 STAT. 1321-21]]

``SEC. 20110.  <<NOTE: 42 USC 13710.>> 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.  <<NOTE: 42 USC 13711.>> 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. <<NOTE: 42 USC 13712.>> 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 <<NOTE: Repeal 42 USC 3796ii et seq.>> 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 <<NOTE: 42 USC 3793.>> striking paragraph (20).
                          (ii) Notwithstanding the provisions 
                      of <<NOTE: 42 USC 3793 note.>> 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.

[[Page 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) <<NOTE: 42 USC 3796ii note.>> 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. <<NOTE: 31 USC 3718 note.3Post, p. 380.>> The pilot debt 
collection project authorized by Public Law 99-578, as amended, is 
extended through September 30, 1997.

    Sec. <<NOTE: 42 USC 14092.>> 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''.

[[Page 110 STAT. 1321-23]]

TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies 
Appropriation Act, 1996.>> 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

[[Page 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

[[Page 110 STAT. 1321-25]]

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 <<NOTE: 15 USC 1527a 
note.>> 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.

    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.

[[Page 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

[[Page 110 STAT. 1321-27]]

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''.

    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, <<NOTE: 33 USC 851.>> 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

[[Page 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.

    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.

[[Page 110 STAT. 1321-29]]

                  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).

[[Page 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. <<NOTE: 13 USC 23 note.>> 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--

[[Page 110 STAT. 1321-31]]

            (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 <<NOTE: 16 USC 1851 
note.>> 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

[[Page 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. <<NOTE: Contracts.>> 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 <<NOTE: The Judiciary Appropriations Act, 
1996.>> 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.

[[Page 110 STAT. 1321-33]]

                    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.

[[Page 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

[[Page 110 STAT. 1321-35]]

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

[[Page 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 <<NOTE: Department of State and Related Agencies 
Appropriations Act, 1996.>>  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, <<NOTE: 8 USC 1351 note.>>  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: <<NOTE: 22 
USC 2695b.>>  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

[[Page 110 STAT. 1321-37]]

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.

    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.

    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 <<NOTE: 5 USC app. 11 note.>>  
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.

[[Page 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.

[[Page 110 STAT. 1321-39]]

               International Organizations and Conferences

    contributions to international organizations <<NOTE: 22 usc 269a 
note.>> 

    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

[[Page 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 <<NOTE: 22 USC 269a note.>> 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:

     For salaries and expenses, not otherwise provided for, $12,058,000.

    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

[[Page 110 STAT. 1321-41]]

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

[[Page 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 Non-profit 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

[[Page 110 STAT. 1321-43]]

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.

    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.

[[Page 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

[[Page 110 STAT. 1321-45]]

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 <<NOTE: 20 USC 5205. 20 USC 5203 
note.>>  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''.

[[Page 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

[[Page 110 STAT. 1321-47]]

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.

[[Page 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

[[Page 110 STAT. 1321-49]]

``$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.
---------------------------------------------------------------------------
    \1\ Missing text, probably ``as''.
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                       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.

[[Page 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.

[[Page 110 STAT. 1321-51]]

          administrative provisions--legal services corporation

    Sec. 501. (a) Funds appropriated under this Act to the Legal 
Services Corporation for basic field programs shall be distributed as 
follows:
            (1) The Corporation shall define geographic areas and make 
        the funds available for each geographic area on a per capita 
        basis relative to the number of individuals in poverty 
        determined by the Bureau of the Census to be within the 
        geographic area, except as provided in paragraph (2)(B). Funds 
        for such a geographic area may be distributed by the Corporation 
        to 1 or more persons or entities eligible for funding under 
        section 1006(a)(1)(A) of the Legal Services Corporation Act (42 
        U.S.C. 2996e(a)(1)(A)), subject to sections 502 and 504.
            (2) Funds for grants from the Corporation, and contracts 
        entered into by the Corporation for basic field programs, shall 
        be allocated so as to provide--
                    (A) except as provided in subparagraph (B), an equal 
                figure per individual in poverty for all geographic 
                areas, as determined on the basis of the most recent 
                decennial census of population conducted pursuant to 
                section 141 of title 13, United States Code (or, in the 
                case of the Republic of Palau, the Federated States of 
                Micronesia, the Republic of the Marshall Islands, 
                Alaska, Hawaii, and the United States Virgin Islands, on 
                the basis of the adjusted population counts historically 
                used as the basis for such determinations); and
                    (B) an additional amount for Native American 
                communities that received assistance under the Legal 
                Services Corporation Act for fiscal year 1995, so that 
                the proportion of the funds appropriated to the Legal 
                Services Corporation for basic field programs for fiscal 
                year 1996 that is received by the Native American 
                communities shall be not less than the proportion of 
                such funds appropriated for fiscal year 1995 that was 
                received by the Native American communities.

    (b) As used in this section:
            (1) The term ``individual in poverty'' means an individual 
        who is a member of a family (of 1 or more members) with an 
        income at or below the poverty line.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.

    Sec. 502. None of the funds appropriated in this Act to the Legal 
Services Corporation shall be used by the Corporation to make a grant, 
or enter into a contract, for the provision of legal assistance unless 
the Corporation ensures that the person or entity receiving funding to 
provide such legal assistance is--
            (1) a private attorney admitted to practice in a State or 
        the District of Columbia;
            (2) a qualified nonprofit organization, chartered under the 
        laws of a State or the District of Columbia, that--
                    (A) furnishes legal assistance to eligible clients; 
                and

[[Page 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) <<NOTE: Regulations.>> 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) <<NOTE: Publication.>> 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.

[[Page 110 STAT. 1321-53]]

    (e) No person or entity that was previously awarded a grant or 
contract by the Legal Services Corporation for the provision of legal 
assistance may be given any preference in the competitive selection 
process.
    (f) For the purposes of the funding provided in this Act, rights 
under sections 1007(a)(9) and 1011 of the Legal Services Corporation Act 
(42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.
    Sec. 504. (a) None of the funds appropriated in this Act to the 
Legal Services Corporation may be used to provide financial assistance 
to any person or entity (which may be referred to in this section as a 
``recipient'')--
            (1) that makes available any funds, personnel, or equipment 
        for use in advocating or opposing any plan or proposal, or 
        represents any party or participates in any other way in 
        litigation, that is intended to or has the effect of altering, 
        revising, or reapportioning a legislative, judicial, or elective 
        district at any level of government, including influencing the 
        timing or manner of the taking of a census;
            (2) that attempts to influence the issuance, amendment, or 
        revocation of any executive order, regulation, or other 
        statement of general applicability and future effect by any 
        Federal, State, or local agency;
            (3) that attempts to influence any part of any adjudicatory 
        proceeding of any Federal, State, or local agency if such part 
        of the proceeding is designed for the formulation or 
        modification of any agency policy of general applicability and 
        future effect;
            (4) that attempts to influence the passage or defeat of any 
        legislation, constitutional amendment, referendum, initiative, 
        or any similar procedure of the Congress or a State or local 
        legislative body;
            (5) that attempts to influence the conduct of oversight 
        proceedings of the Corporation or any person or entity receiving 
        financial assistance provided by the Corporation;
            (6) that pays for any personal service, advertisement, 
        telegram, telephone communication, letter, printed or written 
        matter, administrative expense, or related expense, associated 
        with an activity prohibited in this section;
            (7) that initiates or participates in a class action suit;
            (8) that files a complaint or otherwise initiates or 
        participates in litigation against a defendant, or engages in a 
        precomplaint settlement negotiation with a prospective 
        defendant, unless--
                    (A) each plaintiff has been specifically identified, 
                by name, in any complaint filed for purposes of such 
                litigation or prior to the precomplaint settlement 
                negotiation; and
                    (B) a statement or statements of facts written in 
                English and, if necessary, in a language that the 
                plaintiffs understand, that enumerate the particular 
                facts known to the plaintiffs on which the complaint is 
                based, have been signed by the plaintiffs, are kept on 
                file by the recipient, and are made available to any 
                Federal department or agency that is auditing or 
                monitoring the activities of the Corporation or of the 
                recipient, and to any auditor or monitor receiving 
                Federal funds to conduct such auditing or monitoring, 
                including any auditor or monitor of the Corporation:

[[Page 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--

[[Page 110 STAT. 1321-55]]

                    (A) an alien lawfully admitted for permanent 
                residence as defined in section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
                    (B) an alien who--
                          (i) is married to a United States citizen or 
                      is a parent or an unmarried child under the age of 
                      21 years of such a citizen; and
                          (ii) has filed an application to adjust the 
                      status of the alien to the status of a lawful 
                      permanent resident under the Immigration and 
                      Nationality Act (8 U.S.C. 1101 et seq.), which 
                      application has not been rejected;
                    (C) an alien who is lawfully present in the United 
                States pursuant to an admission under section 207 of the 
                Immigration and Nationality Act (8 U.S.C. 1157) 
                (relating to refugee admission) or who has been granted 
                asylum by the Attorney General under such Act;
                    (D) an alien who is lawfully present in the United 
                States as a result of withholding of deportation by the 
                Attorney General pursuant to section 243(h) of the 
                Immigration and Nationality Act (8 U.S.C. 1253(h));
                    (E) an alien to whom section 305 of the Immigration 
                Reform and Control Act of 1986 (8 U.S.C. 1101 note) 
                applies, but only to the extent that the legal 
                assistance provided is the legal assistance described in 
                such section; or
                    (F) an alien who is lawfully present in the United 
                States as a result of being granted conditional entry to 
                the United States before April 1, 1980, pursuant to 
                section 203(a)(7) of the Immigration and Nationality Act 
                (8 U.S.C. 1153(a)(7)), as in effect on March 31, 1980, 
                because of persecution or fear of persecution on account 
                of race, religion, or political calamity;
            (12) that supports or conducts a training program for the 
        purpose of advocating a particular public policy or encouraging 
        a political activity, a labor or antilabor activity, a boycott, 
        picketing, a strike, or a demonstration, including the 
        dissemination of information about such a policy or activity, 
        except that this paragraph shall not be construed to prohibit 
        the provision of training to an attorney or a paralegal to 
        prepare the attorney or paralegal to provide--
                    (A) adequate legal assistance to eligible clients; 
                or
                    (B) advice to any eligible client as to the legal 
                rights of the client;
            (13) that claims (or whose employee claims), or collects and 
        retains, attorneys' fees pursuant to any Federal or State law 
        permitting or requiring the awarding of such fees;
            (14) that participates in any litigation with respect to 
        abortion;
            (15) that participates in any litigation on behalf of a 
        person incarcerated in a Federal, State, or local prison;
            (16) that initiates legal representation or participates in 
        any other way, in litigation, lobbying, or rulemaking, involving 
        an effort to reform a Federal or State welfare system, except 
        that this paragraph shall not be construed to preclude a 
        recipient from representing an individual eligible client who is 
        seeking specific relief from a welfare agency if such relief 
        does

[[Page 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) <<NOTE: Public housing.>> 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.

[[Page 110 STAT. 1321-57]]

    (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

[[Page 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) <<NOTE: Reports.>> 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. <<NOTE: Audits.>> (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 Gen

[[Page 110 STAT. 1321-59]]

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.

[[Page 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 <<NOTE: Termination.>> 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 <<NOTE: 15 USC 77f note.>>  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 one-fiftieth of one percentum to one-twenty-ninth of one 
percentum,

[[Page 110 STAT. 1321-61]]

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.

[[Page 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.

[[Page 110 STAT. 1321-63]]

    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

[[Page 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

[[Page 110 STAT. 1321-65]]

provisions of the March 1995 Office of Cuba Broadcasting Reinventing 
Plan of the United States Information Agency.
    Sec. 614. <<NOTE: Repeal.>> (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) <<NOTE: Effective date. 18 USC 5002 note.>> 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.

[[Page 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 <<NOTE: Prison Litigation Reform Act of 1995.>> VIII--PRISON 
LITIGATION REFORM

SEC. <<NOTE: 18 USC 3601 note.>> 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:

``Sec. 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

[[Page 110 STAT. 1321-67]]

        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;

[[Page 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--

[[Page 110 STAT. 1321-69]]

                    ``(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--

[[Page 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 <<NOTE: 18 USC 3626 note.>> 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 <<NOTE: 18 USC 3626 
        note.>> 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:

[[Page 110 STAT. 1321-71]]

    ``(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

[[Page 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.''.

[[Page 110 STAT. 1321-73]]

    (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.

[[Page 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

[[Page 110 STAT. 1321-75]]

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:

``Sec. 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. <<NOTE: 18 USC 3626 note.>>  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

[[Page 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. <<NOTE: 18 USC 3626 note.>> 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:

``Sec. 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.''.

[[Page 110 STAT. 1321-77]]

SEC. 810. <<NOTE: 18 USC 3626 note.>> 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 <<NOTE: District of Columbia Appropriations Act, 
1996.>> 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

[[Page 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 <<NOTE: Reports.>> 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 <<NOTE: Gallaudet University.>>  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 intra-District 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

[[Page 110 STAT. 1321-79]]

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 passenger-
carrying vehicles for replacement only, including 130 for police-type 
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 <<NOTE: Reports.>>  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 Guardian

[[Page 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 <<NOTE: Communications. Prisons. Virginia.>>  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 full-time equivalent positions 
(including $498,310,000 and 9,014 full-time 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 intra-District funds) shall be allocated for the District 
of Columbia Teach

[[Page 110 STAT. 1321-81]]

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 intra-District 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

[[Page 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

[[Page 110 STAT. 1321-83]]

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), <<NOTE: Reports.>>  
$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

[[Page 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 full-time 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

[[Page 110 STAT. 1321-85]]

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.

[[Page 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 <<NOTE: Reports.>>  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).

[[Page 110 STAT. 1321-87]]

                           General Provisions

    Sec. 101. <<NOTE: Public inspection.>> 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

[[Page 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. <<NOTE: District of Columbia budget.>> 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 <<NOTE: Reports.>>  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,

[[Page 110 STAT. 1321-89]]

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.

[[Page 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 <<NOTE: Sequestration.>> 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--

[[Page 110 STAT. 1321-91]]

            (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 <<NOTE: Records. Public 
inspection.>> 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.''.

[[Page 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

[[Page 110 STAT. 1321-93]]

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-to-date 
        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

[[Page 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-to-date 
        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,

[[Page 110 STAT. 1321-95]]

        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-than-personal 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

[[Page 110 STAT. 1321-96]]

District of Columbia Public Schools employees shall be a non-negotiable 
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:

[[Page 110 STAT. 1321-97]]

                    ``(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) <<NOTE: Reports.>> 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

[[Page 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--

[[Page 110 STAT. 1321-99]]

                    ``(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.

[[Page 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 <<NOTE: Contracts.>> 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:

[[Page 110 STAT. 1321-101]]

                    (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

[[Page 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

[[Page 110 STAT. 1321-103]]

and Management Assistance Act of 1995 is amended by striking ``may 
provide'' and inserting ``shall promptly provide''.
    (b) Availability of Certain Federal Benefits for Individuals 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;

[[Page 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

[[Page 110 STAT. 1321-105]]

                      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

[[Page 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.

[[Page 110 STAT. 1321-107]]

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. <<NOTE: D.C. Village.>> 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 <<NOTE: District of Columbia School Reform Act of 
1995.>> 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 Assist

[[Page 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

[[Page 110 STAT. 1321-109]]

                      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

[[Page 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.

[[Page 110 STAT. 1321-111]]

            (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.

[[Page 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.

[[Page 110 STAT. 1321-113]]

                    (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.

[[Page 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 performance-
                based 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 long-term 
        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 long-term 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

[[Page 110 STAT. 1321-115]]

of Columbia Council a report regarding the progress of the District of 
Columbia public schools toward achieving the goals of the long-term 
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

[[Page 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

[[Page 110 STAT. 1321-117]]

                    (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

[[Page 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

[[Page 110 STAT. 1321-119]]

        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.

[[Page 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

[[Page 110 STAT. 1321-121]]

        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.

[[Page 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

[[Page 110 STAT. 1321-123]]

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.--

[[Page 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.

[[Page 110 STAT. 1321-125]]

                    (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 low-income 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.

[[Page 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

[[Page 110 STAT. 1321-127]]

                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).

[[Page 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.

[[Page 110 STAT. 1321-129]]

            (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

[[Page 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

[[Page 110 STAT. 1321-131]]

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.

[[Page 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.--

[[Page 110 STAT. 1321-133]]

                    (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

[[Page 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.

[[Page 110 STAT. 1321-135]]

                    (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

[[Page 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

[[Page 110 STAT. 1321-137]]

                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

[[Page 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

[[Page 110 STAT. 1321-139]]

        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

[[Page 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.

[[Page 110 STAT. 1321-141]]

          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

[[Page 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

[[Page 110 STAT. 1321-143]]

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.

[[Page 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

[[Page 110 STAT. 1321-145]]

            (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 state-of-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.

[[Page 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 state-of-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

[[Page 110 STAT. 1321-147]]

                      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 
                      School-to-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-within-
                a-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.).

[[Page 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. <<NOTE: Establishment.>>  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.--

[[Page 110 STAT. 1321-149]]

            (1) Delta council; access to state-of-the-art educational 
        technology; and workforce preparation initiatives.--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 <<NOTE: Contracts.>> 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.

[[Page 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-than-
        personal-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

[[Page 110 STAT. 1321-151]]

                    (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 Employees.--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)  <<NOTE: President.>> 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.

[[Page 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.

[[Page 110 STAT. 1321-153]]

    (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 long-
        term 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

[[Page 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

[[Page 110 STAT. 1321-155]]

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 long-term 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

[[Page 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 <<NOTE: Department of the Interior and Related Agencies 
Appropriations Act, 1996.>> 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

[[Page 110 STAT. 1321-157]]

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.

    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.

    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

[[Page 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, <<NOTE: 43 USC 1735 note. miscellaneous trust funds>> 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.

[[Page 110 STAT. 1321-159]]

    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.

    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

[[Page 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, <<NOTE: President. Reports.>>  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, <<NOTE: 43 USC 
1474b-1.>>  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.

    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

[[Page 110 STAT. 1321-161]]

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

[[Page 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 one-half 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

[[Page 110 STAT. 1321-163]]

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.

                              (rescission)

     <<NOTE: 16 USC 460l-10a note.>> 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.

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 518 passenger motor vehicles,

[[Page 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.
     <<NOTE: Alaska. 16 USC 347 note.>> 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.

     <<NOTE: 16 USC 347 note.>> 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

[[Page 110 STAT. 1321-165]]

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 <<NOTE: 43 USC 50.>> 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, <<NOTE: Guidelines.>>  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, <<NOTE: Reports. 43 USC 31i.>>  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, <<NOTE: Government organization. 43 USC 1782 
note.>>  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.

[[Page 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,  <<NOTE: 43 USC 1337 note.>> 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

[[Page 110 STAT. 1321-167]]

or Tribes, or to correct prior unrecoverable erroneous payments: 
Provided further, <<NOTE: 30 USC 191b.>>  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, <<NOTE: Government organization. 30 USC 1 note.>>  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,

[[Page 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: <<NOTE: Effective date.>>  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

     <<NOTE: 43 USC 1473a note.>> 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 <<NOTE: 30 USC 1211 note.>> notwithstanding any other provision of 
law, appropria

[[Page 110 STAT. 1321-169]]

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 Federally-administered 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

[[Page 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,

[[Page 110 STAT. 1321-171]]

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, <<NOTE: 25 USC 2012 note.>>  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

[[Page 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

[[Page 110 STAT. 1321-173]]

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, <<NOTE: 48 USC 1469b.>>  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

[[Page 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, <<NOTE: Reports.>> $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.

[[Page 110 STAT. 1321-175]]

             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

[[Page 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

[[Page 110 STAT. 1321-177]]

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: <<NOTE: Termination date.>>  Provided, 
That this section shall expire on December 31, 1995.

    Sec. 109. Section 6003 of Public Law <<NOTE: 33 USC 2753.>>  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. <<NOTE: Native Americans. Washington.>>  (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 
        own

[[Page 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. <<NOTE: 16 USC 251 note.>>  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. <<NOTE: Northern Mariana Islands. 48 USC 1804.>>  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 allo

[[Page 110 STAT. 1321-179]]

        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 set-aside 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

[[Page 110 STAT. 1321-180]]

Preserve in fiscal year 1996, the Secretary must obtain the approval of 
the House and Senate Committees on <<NOTE: Termination 
date.>> Appropriations. This provision expires on September 30, 1996.

    (b) <<NOTE: President. Reports.>> 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

[[Page 110 STAT. 1321-181]]

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

[[Page 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.

    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 on-the-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) <<NOTE: Grants. Alaska.>>  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;

[[Page 110 STAT. 1321-183]]

            (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

[[Page 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

[[Page 110 STAT. 1321-185]]

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

[[Page 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

[[Page 110 STAT. 1321-187]]

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, <<NOTE: 10 USC 7430 note.>> 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 <<NOTE: 10 USC 7431 note.>> 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.

    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.

[[Page 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, <<NOTE: 42 USC 7135 note.>>  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, <<NOTE: Reports.>>  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.

[[Page 110 STAT. 1321-189]]

    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 Self-Determination 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.

[[Page 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 Self-Determination 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 <<NOTE: 25 USC 1681.>>  
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

[[Page 110 STAT. 1321-191]]

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

[[Page 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

[[Page 110 STAT. 1321-193]]

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.

    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

[[Page 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.

[[Page 110 STAT. 1321-195]]

                             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.

[[Page 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. <<NOTE: Contracts.>>  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.

[[Page 110 STAT. 1321-197]]

    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

[[Page 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. <<NOTE: Pennsylvania Avenue Development 
Corporation. Effective date. 40 USC 872 note.>>  (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) <<NOTE: 40 USC 872 note.>> 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.

[[Page 110 STAT. 1321-199]]

    (c) <<NOTE: 40 USC 872 note.>>  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) <<NOTE: Effective date. 40 USC 872 note.>> 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 serv

[[Page 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) <<NOTE: 40 USC 872 note.>> 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)  <<NOTE: 40 USC 872 note.>> 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) <<NOTE: Termination. Effective date.>> 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. <<NOTE: 16 USC 460l-6a.>>  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

[[Page 110 STAT. 1321-201]]

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.

[[Page 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) <<NOTE: Effective date. Termination date.>>  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 <<NOTE: 16 USC 
1611 note.>>  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.

[[Page 110 STAT. 1321-203]]

    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, <<NOTE: Termination date.>>  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) <<NOTE: Reports.>>  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

[[Page 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 third-party 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

[[Page 110 STAT. 1321-205]]

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 thirty-six 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

[[Page 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

[[Page 110 STAT. 1321-207]]

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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Procedures.>> 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,

[[Page 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 <<NOTE: Courts.>> 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

[[Page 110 STAT. 1321-209]]

        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 <<NOTE: Guidelines.>>  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

[[Page 110 STAT. 1321-210]]

transportation or processing of timber from private lands or impose 
additional accountability requirements on any timber. <<NOTE: Extension 
date. Effective date. 16 USC 620c note.>>  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. <<NOTE: Washington. Aviation.>>  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. <<NOTE: Daughters of the American Colonists.>>  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. <<NOTE: 5 USC 5597 note.>>  (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--

[[Page 110 STAT. 1321-211]]

            (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:

<<NOTE: Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Act, 1996.>> 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 <<NOTE: Department of Labor Appropriations Act, 1996.>> 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-to-Work Opportunities Act: Provided, That $52,502,000 shall 
be for carrying out section 401 of the Job Training Partnership Act,

[[Page 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 short-term 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.

[[Page 110 STAT. 1321-213]]

    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)

[[Page 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.

[[Page 110 STAT. 1321-215]]

               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.

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or

[[Page 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

[[Page 110 STAT. 1321-217]]

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: <<NOTE: 29 USC 670 note.>>  
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

[[Page 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 first-aid 
work, and the hire of passenger motor vehicles; <<NOTE: 30 USC 962.>>  
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: <<NOTE: 33 USC 921 note.>>  Provided, That no funds

[[Page 110 STAT. 1321-219]]

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, <<NOTE: Effective date.>> 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: <<NOTE: Effective 
date.>>  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 <<NOTE: Effective date. 33 USC 921 note.>>  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 one-year 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, <<NOTE: 29 USC 563.>>  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

[[Page 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. <<NOTE: Ergonomics.>>  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''.

[[Page 110 STAT. 1321-221]]

TITLE II <<NOTE: Department of Health and Human Services Appropriations 
Act, 1996.>> --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, <<NOTE: Family 
planning.>>  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, <<NOTE: Abortion.>>  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, <<NOTE: AIDS.>>  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

[[Page 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:

[[Page 110 STAT. 1321-223]]

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.

[[Page 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,

[[Page 110 STAT. 1321-225]]

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, <<NOTE: President.>>  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.

    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.

[[Page 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,

[[Page 110 STAT. 1321-227]]

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.

    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. <<NOTE: Children, youth and families. AIDS.>>  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.

[[Page 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. <<NOTE: Termination date.>>  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. <<NOTE: Reports. (transfer of funds)>>  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.

    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.

    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.

[[Page 110 STAT. 1321-229]]

                           (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.
---------------------------------------------------------------------------
    \2\ Illegible text, probably ``the Public Health Service''.
---------------------------------------------------------------------------

    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 <<NOTE: Department of Education Appropriations Act, 1996.>> --
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 School-to-Work Opportunities Act 
shall become available on July 1, 1996, and remain available through 
September 30, 1997: Provided, That notwithstanding section 311(e) of 
Public Law 103-227, <<NOTE: 20 USC 5891 note.>>  the Secretary

[[Page 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

[[Page 110 STAT. 1321-231]]

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 <<NOTE: Territories.>>  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, <<NOTE: Grants.>>  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, <<NOTE: Grants.>>  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.

[[Page 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.

    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 <<NOTE: 20 USC 1070a.>>  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,

[[Page 110 STAT. 1321-233]]

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

<<NOTE: Contracts.>>     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

[[Page 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.

    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

[[Page 110 STAT. 1321-235]]

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. <<NOTE: Schools. Busing. Desegregation.>>  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. <<NOTE: School prayer.>>  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.

[[Page 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, <<NOTE: 20 
USC 1087h note.>>  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

[[Page 110 STAT. 1321-237]]

of Education not later than 30 days after the date of enactment of this 
Act.
    (d) <<NOTE: Reports.>>  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.

    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

[[Page 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.

[[Page 110 STAT. 1321-239]]

                     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.

[[Page 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

[[Page 110 STAT. 1321-241]]

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-the-art 
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 Old-Age 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.

[[Page 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.

    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.

[[Page 110 STAT. 1321-243]]

    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative 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. <<NOTE: AIDS.>>  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. <<NOTE: Abortion.>>  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.

[[Page 110 STAT. 1321-244]]

    Sec. 509. <<NOTE: 31 USC 1301 note.>>  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.

[[Page 110 STAT. 1321-245]]

    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. <<NOTE: 42 USC 238n.>>  (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. <<NOTE: Regulations.>>  The government involved 
        shall formulate such regulations or other mechanisms,

[[Page 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

[[Page 110 STAT. 1321-247]]

        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) <<NOTE: Publications.>>  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 <<NOTE: Effective date.>> (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).''.

[[Page 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 <<NOTE: 20 USC 1070a 
note.>>  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 non-Federal 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.

[[Page 110 STAT. 1321-249]]

        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,

[[Page 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 <<NOTE: Female genital mutilation. 42 USC 241 note.>> . (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.

[[Page 110 STAT. 1321-251]]

    (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) <<NOTE: Effective date.>> 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-TO-LEARN 
                      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).

[[Page 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).

[[Page 110 STAT. 1321-253]]

            (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-to-learn 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)'';

[[Page 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,'';

[[Page 110 STAT. 1321-255]]

                    (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-to-
        learn 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

[[Page 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''.

[[Page 110 STAT. 1321-257]]

    (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. <<NOTE: 20 USC 5900.>>  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 <<NOTE: Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1996.>> 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

[[Page 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''.

                      (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

[[Page 110 STAT. 1321-259]]

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''.

                      (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

[[Page 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.

    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.

[[Page 110 STAT. 1321-261]]

                    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

[[Page 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: <<NOTE: Reports.>>  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''.

    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

[[Page 110 STAT. 1321-263]]

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

[[Page 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.

[[Page 110 STAT. 1321-265]]

            (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) <<NOTE: Certification.>> 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. <<NOTE: Federal buildings and facilities. Washington.>>  
(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

[[Page 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

[[Page 110 STAT. 1321-267]]

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, <<NOTE: 12 USC 4101 
note.>>  $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

[[Page 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,

[[Page 110 STAT. 1321-269]]

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, <<NOTE: Effective date.>>  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 tenant-based 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

[[Page 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.

                      (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.

[[Page 110 STAT. 1321-271]]

          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

[[Page 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, <<NOTE: 42 USC 5305 note.>>  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 <<NOTE: Applicability. 42 USC 5306 
note.>> 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 tenant-based 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 dem

[[Page 110 STAT. 1321-273]]

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,

[[Page 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.

[[Page 110 STAT. 1321-275]]

             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

[[Page 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.

[[Page 110 STAT. 1321-277]]

                        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 <<NOTE: 42 USC 
        1437l.>>  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 low-
        income 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.

[[Page 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) <<NOTE: 42 USC 1437l note.>>  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) <<NOTE: 42 USC 1437aa note.>>  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 <<NOTE: 42 USC 1437c note.>>  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 <<NOTE: 42 USC 1437p.>>  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) <<NOTE: 42 USC 1437aa note.>>  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.

[[Page 110 STAT. 1321-279]]

            conversion of certain public housing to vouchers

    Sec. 202. <<NOTE: 42 USC 1437l note.>>  (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.

[[Page 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

[[Page 110 STAT. 1321-281]]

                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.

    Sec. 203. (a) ``Take-One, Take-All''.--Section 8(t) of the United 
States Housing Act of 1937 <<NOTE: 42 USC 1437f.>>  is hereby repealed.

    (b) Exemption From Notice Requirements for the Certificate 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. <<NOTE: 42 USC 1437f note.>> --The provisions of 
this section shall be effective for fiscal year 1996 only.

          public housing/section 8 moving to work demonstration

    Sec. 204. <<NOTE: 42 USC 1437f.>>  (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 low-income families.

    (b) Program Authority.--The Secretary of Housing and Urban 
Development shall conduct a demonstration program under this

[[Page 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 low-income 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

[[Page 110 STAT. 1321-283]]

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

[[Page 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. <<NOTE: 42 USC 1437f.>>  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

[[Page 110 STAT. 1321-285]]

contract. The transfer shall be under such terms as the Secretary may 
prescribe.''.

                documentation of multifamily refinancings

    Sec. 209. <<NOTE: Effective date. 12 USC 1715n.>>  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. <<NOTE: 42 USC 1437f.>>  (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.

[[Page 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, project-based 
        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

[[Page 110 STAT. 1321-287]]

        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;

[[Page 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. <<NOTE: Hubbard Hospital  Authority. Texas.>>  (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) <<NOTE: Groveton Texas Hospital Authority. Texas.>>  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

[[Page 110 STAT. 1321-289]]

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) <<NOTE: Hepzibah Public Service District. West 
Virginia. clarifications>>  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.

    Sec. 214. <<NOTE: California.>>  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

[[Page 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 <<NOTE: 42 USC 4852.>>  is amended as 
follows: Strike ``priority housing'' wherever it appears in said section 
and insert ``housing''.

    (b) <<NOTE: Grants.>>  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 owner-
        occupants, 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 <<NOTE: 42 USC 1437g.>>  is amended by striking ``for a period not 
                          to exceed 6 years''.

    Sec. 219. The first sentence of section 221(g)(4)(C)(viii) of the 
National Housing Act <<NOTE: 12 USC 1715l.>>  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

[[Page 110 STAT. 1321-291]]

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) <<NOTE: 12 USC 1715u note.>>  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, <<NOTE: 12 USC 
1715u.>>  is repealed.

    (c) <<NOTE: 12 USC 1710 note.>>  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, <<NOTE: 12 USC 1710 note.>>  is repealed.

    (d) Extension of Reform to Mortgages Originated in Fiscal Year 
1996.--Section 407(c) <<NOTE: 12 USC 1710 note.>>  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

[[Page 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. <<NOTE: Rules.>>  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, <<NOTE: 12 USC 1715z-1.>>  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), <<NOTE: Ante, p. 40. minimum rent waiver 
authority>>  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),''.

    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

[[Page 110 STAT. 1321-293]]

(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, <<NOTE: 36 
USC 121b.>>  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, <<NOTE: 36 USC 122.>>  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,  <<NOTE: 36 
USC 122a.>> 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 inspec

[[Page 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, <<NOTE: 12 USC 4703 note.>>  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

[[Page 110 STAT. 1321-295]]

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, <<NOTE: Reports.>>  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

[[Page 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

[[Page 110 STAT. 1321-297]]

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.

    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.

    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

[[Page 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.

[[Page 110 STAT. 1321-299]]

                   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 <<NOTE: 33 USC 1281 note.>>  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, <<NOTE: 33 USC 1281 
note.>>  That of the funds appropriated in the Construction Grants and 
Water Infrastructure/State Revolving Funds accounts since the appropria

[[Page 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.
---------------------------------------------------------------------------
    \3\ Remainder of figure missing, complete figure probably 
should read ``$2,813,000,000''.

                        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. <<NOTE: Michigan. Public lands.>>  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.

[[Page 110 STAT. 1321-301]]

                    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.

[[Page 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 <<NOTE: Rules.>> 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,

[[Page 110 STAT. 1321-303]]

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.

[[Page 110 STAT. 1321-304]]

    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.

    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.

[[Page 110 STAT. 1321-305]]

    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, <<NOTE: Notification.>>  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, <<NOTE: Ante, p. 
38.>>  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

[[Page 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.

[[Page 110 STAT. 1321-307]]

    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

[[Page 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--

[[Page 110 STAT. 1321-309]]

            (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. <<NOTE: Contracts. Public information.>>  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. <<NOTE: Records.>>  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, evalua

[[Page 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 <<NOTE: Reports.>> . 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. <<NOTE: Government organization.>>  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, <<NOTE: Ante, p. 36.>>  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''.

[[Page 110 STAT. 1321-311]]

     TITLE II <<NOTE: Supplemental Appropriations Act of 1996.>> --
  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, <<NOTE: Certification.>>  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, <<NOTE: President.>>  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.

[[Page 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

[[Page 110 STAT. 1321-313]]

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. <<NOTE: 7 USC 1941 note.>> 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 <<NOTE: FDA Export Reform and Enhancement Act of 1996.>>  1A

                       FOOD AND DRUG EXPORT REFORM

SEC. 2101. SHORT TITLE; REFERENCE.

    (a) <<NOTE: 21 USC 301 note.>>  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) <<NOTE: Records. Reports.>>  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

[[Page 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 <<NOTE: Certification.>>  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

[[Page 110 STAT. 1321-315]]

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

[[Page 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

[[Page 110 STAT. 1321-317]]

                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.

[[Page 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) <<NOTE: Reports.>> 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

[[Page 110 STAT. 1321-319]]

        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. <<NOTE: Records.>>  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

[[Page 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. <<NOTE: Publication.>>  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.

[[Page 110 STAT. 1321-321]]

                                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.

[[Page 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.

[[Page 110 STAT. 1321-323]]

                     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,

[[Page 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, <<NOTE: President.>>  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, <<NOTE: President.>>  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,

[[Page 110 STAT. 1321-325]]

as amended: Provided further, <<NOTE: President.>>  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, <<NOTE: President.>>  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, <<NOTE: President.>>  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 Con

[[Page 110 STAT. 1321-326]]

trol Act of 1985, as amended: Provided further, <<NOTE: President.>>  
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, <<NOTE: President.>>  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, <<NOTE: President.>>  
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.

    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, <<NOTE: President.>>  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.

[[Page 110 STAT. 1321-327]]

                                CHAPTER 6

                          DEPARTMENT OF DEFENSE

                          MILITARY CONSTRUCTION

     North Atlantic Treaty Organization Security Investment Program

    For an additional amount for ``North Atlantic Treaty Organization 
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.

[[Page 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.

[[Page 110 STAT. 1321-329]]

                           GENERAL PROVISIONS

                           (transfer of funds)

    Sec. 2701. Section 8005 of the Department of Defense Appropriations 
Act, 1996 (Public Law 104-61), <<NOTE: 109 Stat. 652.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Reports.>>  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

[[Page 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. <<NOTE: AIDS.>>  (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 <<NOTE: 10 USC 1177 note.>>  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.

    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.

[[Page 110 STAT. 1321-331]]

    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 <<NOTE: 109 Stat. 673.>> 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), <<NOTE: 109 Stat. 437.>>  
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: <<NOTE: President.>>  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.

[[Page 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

[[Page 110 STAT. 1321-333]]

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 <<NOTE: 109 Stat. 473.>>  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 <<NOTE: 109 Stat. 474.>>  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 <<NOTE: 109 Stat. 479.>>  
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) <<NOTE: 26 USC 7801 note.>>  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) <<NOTE: 26 USC 7801 note.>>  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.

[[Page 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, <<NOTE: President.>>  
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, <<NOTE: President.>>  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.

[[Page 110 STAT. 1321-335]]

                           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 <<NOTE: Ante, p. 27, 30, 
34.>>  shall remain in effect as if enacted as part of this Act.

    Sec. 21104. <<NOTE: Reports.>>  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 <<NOTE: USEC Privatization Act.>>  A--United States 
Enrichment Corporation Privatization

SEC. 3101. <<NOTE: 42 USC 2011 note.>>  SHORT TITLE.

    This subchapter may be cited as the ``USEC Privatization Act''.

SEC. 3102. <<NOTE: 42 USC 2297h.>>  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.

[[Page 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. <<NOTE: 42 USC 2297h-1.>>  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. <<NOTE: 42 USC 2297h-2.>>  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

[[Page 110 STAT. 1321-337]]

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. <<NOTE: 42 USC 2297h-3.>>  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

[[Page 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. <<NOTE: 42 USC 2297h-4.>> 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) <<NOTE: Records.>>  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. <<NOTE: 42 USC 2297h-5.>>  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)).

[[Page 110 STAT. 1321-339]]

    (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. <<NOTE: 42 USC 2297h-6.>>  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. <<NOTE: 42 USC 2297h-7.>>  LIABILITIES.

    (a) Liability of the United States.--(1) Except as otherwise 
provided in this subchapter, all liabilities arising out of the oper

[[Page 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. <<NOTE: 42 USC 2297h-8.>>  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

[[Page 110 STAT. 1321-341]]

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

[[Page 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

[[Page 110 STAT. 1321-343]]

        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. <<NOTE: 42 USC 2297h-9.>>  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,

[[Page 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, broker-
        dealer, or clearing agency.

SEC. 3112. <<NOTE: 42 USC 2297h-10.>>  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 U\235\. 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 U<INF>3</INF>O<INF>8</INF> 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 U\235\. 
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,

[[Page 110 STAT. 1321-345]]

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 U<INF>3</INF>O<INF>8</INF> 
(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 U\235\. 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. U<INF>3</INF>O<INF>8</INF> 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

[[Page 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) <<NOTE: President. Reports.>>  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 low-enriched 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) <<NOTE: President.>>  the President determines that the 
        material is not necessary for national security needs,

[[Page 110 STAT. 1321-347]]

            (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. <<NOTE: 42 USC 2297h-11.>>  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.

[[Page 110 STAT. 1321-348]]

SEC. 3114. <<NOTE: 42 USC 2297h-12.>>  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) <<NOTE: President.>>  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. <<NOTE: 42 USC 2297h-13.>>  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) <<NOTE: Contracts.>>  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.

[[Page 110 STAT. 1321-349]]

    (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:

[[Page 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) <<NOTE: 42 USC 2297 note.>>  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. <<NOTE: 16 USC 838l.>>  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

[[Page 110 STAT. 1321-351]]

                      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 interest-bearing 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) <<NOTE: Effective date.>>  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

[[Page 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

[[Page 110 STAT. 1321-353]]

                    (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, ``one-
        year 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

[[Page 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.

[[Page 110 STAT. 1321-355]]

                                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) <<NOTE: 42 USC 603.>>  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;

[[Page 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.

[[Page 110 STAT. 1321-357]]

        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.

[[Page 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 payments 
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. <<NOTE: Debt Collection Improvement Act of 1996.>>  DEBT 
            COLLECTION IMPROVEMENT ACT OF 1996.

    (a)(1) <<NOTE: 31 USC 3701 note.>>  This section may be cited as the 
``Debt Collection Improvement Act of 1996''.

    (2)(A) <<NOTE: Effective date. 31 USC 3322 note.>>  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) <<NOTE: Applicability. 31 USC 3716 note.>>  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) <<NOTE: 31 USC 3701 note.>>  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 cog

[[Page 110 STAT. 1321-359]]

        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

[[Page 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. <<NOTE: Reports.>>  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

[[Page 110 STAT. 1321-361]]

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. <<NOTE: Rules, regulations, and procedures.>>  The 
Secretary shall consult with the heads of affected agencies in the 
development of such rules, regulations, and procedures.

    ``(6) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  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:

[[Page 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

[[Page 110 STAT. 1321-363]]

            ``(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. <<NOTE: Records.>>  Matched Federal 
                employee records shall include, but shall not be limited 
                to, records of active Civil Service employees 
                government-wide, 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

[[Page 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 <<NOTE: 26 USC 
6103.>>  (relating to disclosure that applicant for Federal loan has tax 
delinquent account) is amended to read as follows:

[[Page 110 STAT. 1321-365]]

                    ``(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:

``Sec. 3720B. Barring delinquent Federal debtors from obtaining Federal 
                        loans or loan insurance guarantees

    ``(a) <<NOTE: Standards.>>  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)

[[Page 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.

[[Page 110 STAT. 1321-367]]

    ``(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.

[[Page 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 <<NOTE: 26 USC 6050P.>> (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

[[Page 110 STAT. 1321-369]]

                    (ii) in paragraph (3), as so redesignated, by 
                striking ``(1)(B)'' and inserting ``(1)(A) or (2)(B)''.
            (C) Alternative procedure.--Section 6050P <<NOTE: 26 USC 
        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) <<NOTE: Effective date. 31 USC 3711 note.>>  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:

``Sec. 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) <<NOTE: Notification.>>  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;

[[Page 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) <<NOTE: Records.>>  The individual shall be provided 
        an opportunity to inspect and copy records relating to the debt.
            ``(4) <<NOTE: Contracts.>>  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) <<NOTE: Courts.>>  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

[[Page 110 STAT. 1321-371]]

            ``(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) <<NOTE: Regulations.>>  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) <<NOTE: Reports.>>  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,

[[Page 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:

[[Page 110 STAT. 1321-373]]

``Sec. 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) <<NOTE: Regulations.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Federal Register, Publication.>>  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) <<NOTE: 28 USC 2461 note.>>  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:

[[Page 110 STAT. 1321-374]]

``Sec. 3720C. Debt Collection Improvement Account

    ``(a)(1) <<NOTE: Nomenclature.>> 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

[[Page 110 STAT. 1321-375]]

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) <<NOTE: Rules, regulations, and procedures.>>  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) <<NOTE: Notification.>>  Any Federal agency that is owed by a 
person a past-due, 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--
            ``(1) <<NOTE: Notification.>>  shall notify a taxpayer in 
        writing of--

[[Page 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) <<NOTE: Notification.>>  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) <<NOTE: Records.>>  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

[[Page 110 STAT. 1321-377]]

        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'';

[[Page 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,

[[Page 110 STAT. 1321-379]]

            ``(E) the unpaid share of any non-Federal partner in a 
        program involving a Federal payment and a matching, or cost-
        sharing, 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) <<NOTE: 31 USC 3701 note.>>  is amended by striking ``and 
        before'' and all that follows and inserting a period.

    (aa)(1) <<NOTE: 31 USC 3711 note.>>  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) <<NOTE: 31 USC 3711 note.>>  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

[[Page 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) <<NOTE: Regulations.>>  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) <<NOTE: 31 USC 3719 note.>>  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) <<NOTE: 31 USC 3711 note.>>  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) <<NOTE: 31 USC 3718 notes.>>  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

[[Page 110 STAT. 1321-381]]

agency, department, and office in the Executive Branch, including the 
Office of the President.
    (b) <<NOTE: Records.>>  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.

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.

                                  <all>
```