Calendar No. 343

104TH CONGRESS

2D SESSION S. 1594

[Report No. 104–236]

A BILL

Making omnibus consolidated rescissions and ap30, 1996, and for other purposes. propriations for the fiscal year ending September

MARCH 6, 1996

Read twice and placed on the calendar
II

Calendar No. 343

104TH CONGRESS

2D SESSION S. 1594

[Report No. 104–236]

Making omnibus consolidated rescissions and appropriations for the fiscal

year ending September 30, 1996, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 6, 1996

Mr. HATFIELD, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making omnibus consolidated rescissions and appropriations

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

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, and

5 out of applicable corporate or other revenues, receipts, and

6 funds, for the several departments, agencies, corporations,
2

S 1594 RS

1 and other organizational units of the Government for the

2 fiscal year 1996, and for other purposes, namely:

3 TITLE I—OMNIBUS APPROPRIATIONS

4 SEC. 101. (a) Such amounts as may be necessary for

5 programs, projects or activities provided for in the Depart6 ments of Commerce, Justice, and State, the Judiciary, and

7 Related Agencies Appropriations Act, 1996 at a rate of

8 operations and to the extent and in the manner provided

9 as follows, to be effective as if it had been enacted into

10 law as the regular appropriations Act:

11 AN ACT

12 Making appropriations for the Departments of Com13 merce, Justice, and State, the Judiciary, and related agen14 cies for the fiscal year ending September 30, 1996, and

15 for other purposes.

16 TITLE I—DEPARTMENT OF JUSTICE

17 GENERAL ADMINISTRATION

18 SALARIES AND EXPENSES

19 For expenses necessary for the administration of the

20 Department of Justice, $74,282,000; including not to ex21 ceed $3,317,000 for the Facilities Program 2000, and in22 cluding $5,000,000 for management and oversight of Im23 migration and Naturalization Service activities, both sums

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

25 exceed 76 permanent positions and 90 full-time equivalent
3

S 1594 RS

1 workyears and $9,487,000 shall be expended for the Of2 fices of Legislative Affairs, Public Affairs and Policy De3 velopment: Provided further, That the latter three afore4 mentioned offices shall not be augmented by personnel de5 tails, temporary transfers of personnel on either a reim6 bursable or non-reimbursable basis or any other type of

7 formal or informal transfer or reimbursement of personnel

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

9 COUNTERTERRORISM FUND

10 For necessary expenses, as determined by the Attor11 ney General, $16,898,000, to remain available until ex12 pended, to reimburse any Department of Justice organiza13 tion for (1) the costs incurred in reestablishing the oper14 ational capability of an office or facility which has been

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

16 Alfred P. Murrah Federal Building in Oklahoma City or

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

18 costs of providing support to counter, investigate or pros19 ecute domestic or international terrorism, including pay20 ment of rewards in connection with these activities, and

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

22 of Federal agencies and their facilities: Provided, That

23 funds provided under this section shall be available only

24 after the Attorney General notifies the Committees on Ap25 propriations of the House of Representatives and the Sen26 ate in accordance with section 605 of this Act.
4

S 1594 RS

1 ADMINISTRATIVE REVIEW AND APPEALS

2 For expenses necessary for the administration of par3 don and clemency petitions and immigration related activi4 ties, $38,886,000: Provided, That the obligated and unob5 ligated balances of funds previously appropriated to the

6 General Administration, Salaries and Expenses appropria7 tion for the Executive Office for Immigration Review and

8 the Office of the Pardon Attorney shall be merged with

9 this appropriation.

10 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

11 REVIEW AND APPEALS

12 For activities authorized by sections 130005 and

13 130007 of Public Law 103–322, $47,780,000, to remain

14 available until expended, which shall be derived from the

15 Violent Crime Reduction Trust Fund: Provided, That the

16 obligated and unobligated balances of funds previously ap17 propriated to the General Administration, Salaries and

18 Expenses appropriation under title VIII of Public Law

19 103–317 for the Executive Office for Immigration Review

20 shall be merged with this appropriation.

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, $28,960,000; including

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

26 a confidential character, to be expended under the direc-
5

S 1594 RS

1 tion of, and to be accounted for solely under the certificate

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

3 maintenance and operation of motor vehicles without re4 gard to the general purchase price limitation.

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Parole

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

9 LEGAL ACTIVITIES

10 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses necessary for the legal activities of the

13 Department of Justice, not otherwise provided for, includ14 ing not to exceed $20,000 for expenses of collecting evi15 dence, to be expended under the direction of, and to be

16 accounted for solely under the certificate of, the Attorney

17 General; and rent of private or Government-owned space

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

19 to exceed $10,000,000 for litigation support contracts

20 shall remain available until expended: Provided, That of

21 the funds available in this appropriation, not to exceed

22 $22,618,000 shall remain available until expended for of23 fice automation systems for the legal divisions covered by

24 this appropriation, and for the United States Attorneys,

25 the Antitrust Division, and offices funded through ‘‘Sala26 ries and Expenses’’, General Administration: Provided fur-
6

S 1594 RS

1 ther, That of the total amount appropriated, not to exceed

2 $1,000 shall be available to the United States National

3 Central Bureau, INTERPOL, for official reception and

4 representation expenses: Provided further, That notwith5 standing 31 U.S.C. 1342, the Attorney General may ac6 cept on behalf of the United States and credit to this ap7 propriation, gifts of money, personal property and serv8 ices, for the purpose of hosting the International Criminal

9 Police Organization’s (INTERPOL) American Regional

10 Conference in the United States during fiscal year 1996.

11 In addition, for reimbursement of expenses of the De12 partment of Justice associated with processing cases

13 under the National Childhood Vaccine Injury Act of 1986,

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

15 Vaccine Injury Compensation Trust Fund, as authorized

16 by section 6601 of the Omnibus Budget Reconciliation

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

18 1289).

19 In addition, for Salaries and Expenses, General Legal

20 Activities, $12,000,000 shall be made available to be de21 rived by transfer from unobligated balances of the Work22 ing Capital Fund in the Department of Justice.

23 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

24 ACTIVITIES

25 For the expeditious deportation of denied asylum ap26 plicants, as authorized by section 130005 of Public Law
7

S 1594 RS

1 103–322, $7,591,000, to remain available until expended,

2 which shall be derived from the Violent Crime Reduction

3 Trust Fund.

4 SALARIES AND EXPENSES, ANTITRUST DIVISION

5 For expenses necessary for the enforcement of anti6 trust and kindered laws, $65,783,000: Provided, That not7 withstanding any other provision of law, not to exceed

8 $48,262,000 of offsetting collections derived from fees col9 lected for premeger notification filings under the Hart10 Scott-Rodino Antitrust Improvements Act of 1976 (15

11 U.S.C. 18(a)) shall be retained and used for necessary ex12 penses in this appropriation, and shall remain available

13 until expended: Provided further, That the sum herein ap14 propriated from the General Fund shall be reduced as

15 such offsetting collections are received during fiscal year

16 1996, so as to result in a final fiscal year 1996 appropria17 tion from the General Fund estimated at not more than

18 $17,521,000: Provided further, That any fees received in

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

20 available until expended, but shall not be available for obli21 gation until October 1, 1996.

22 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

23 For necessary expenses of the Office of the United

24 States Attorneys, including intergovernmental agree25 ments, $895,509,000, of which not to exceed $2,500,000

26 shall be available until September 30, 1997 for the pur-
8

S 1594 RS

1 poses of (1) providing training of personnel of the Depart2 ment of Justice in debt collection, (2) providing services

3 to the Department of Justice related to locating debtors

4 and their property, such as title searches, debtor

5 skiptracing, asset searches, credit reports and other inves6 tigations, (3) paying the costs of the Department of Jus7 tice for the sale of property not covered by the sale pro8 ceeds, such as auctioneers’ fees and expenses, maintenance

9 and protection of property and businesses, advertising and

10 title search and surveying costs, and (4) paying the costs

11 of processing and tracking debts owed to the United

12 States Government: Provided, That of the total amount

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

14 official reception and representation expenses: Provided

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

16 available for automated litigation support contracts and

17 $4,000,000 for security equipment shall remain available

18 until expended: Provided further, That in addition to reim19 bursable full-time equivalent workyears available to the

20 Office of the United States Attorneys, not to exceed 8,595

21 positions and 8,862 full-time equivalent workyears shall

22 be supported from the funds appropriated in this Act for

23 the United States Attorneys.
9

S 1594 RS

1 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

2 ATTORNEYS

3 For activities authorized by sections 190001(d),

4 40114 and 130005 of Public Law 103–322, $30,000,000,

5 to remain available until expended, which shall be derived

6 from the Violent Crime Reduction Trust Fund, of which

7 $20,269,000 shall be available to help meet increased de8 mands for litigation and related activities, $500,000 to im9 plement a program to appoint additional Federal Victim’s

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

11 denied asylum applicants.

12 UNITED STATES TRUSTEE SYSTEM FUND

13 For necessary expenses of the United States Trustee

14 Program, $102,390,000, as authorized by 28 U.S.C.

15 589a(a), to remain available until expended, for activities

16 authorized by section 115 of the Bankruptcy Judges,

17 United States Trustees, and Family Farmer Bankruptcy

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

19 from the United States Trustee System Fund: Provided,

20 That deposits to the Fund are available in such amounts

21 as may be necessary to pay refunds due depositors: Pro22 vided further, That, notwithstanding any other provision

23 of law, not to exceed $44,191,000 of offsetting collections

24 derived from fees collected pursuant to section 589a(f) of

25 title 28, United States Code, as amended, shall be retained

26 and used for necessary expenses in this appropriation:
10

S 1594 RS

1 Provided further, That the $102,390,000 herein appro2 priated from the United States Trustee System Fund shall

3 be reduced as such offsetting collections are received dur4 ing fiscal year 1996, so as to result in a final fiscal year

5 1996 appropriation from such Fund estimated at not more

6 than $58,199,000: Provided further, That any of the afore7 mentioned fees collected in excess of $44,191,000 in fiscal

8 year 1996 shall remain available until expended, but shall

9 not be available for obligation until October 1, 1996.

10 SALARIES AND EXPENSES, FOREIGN CLAIMS

11 SETTLEMENT COMMISSION

12 For expenses necessary to carry out the activities of

13 the Foreign Claims Settlement Commission, including

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

15 SALARIES AND EXPENSES, UNITED STATES MARSHALS

16 SERVICE

17 For necessary expenses of the United States Mar18 shals Service; including the acquisition, lease, mainte19 nance, and operation of vehicles and aircraft, and the pur20 chase of passenger motor vehicles for police-type use with21 out regard to the general purchase price limitation for the

22 current fiscal year; $423,248,000, as authorized by 28

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

24 available for official reception and representation ex25 penses.
11

S 1594 RS

1 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

2 MARSHALS SERVICE

3 For activities authorized by section 190001(b) of

4 Public Law 103–322, $25,000,000, to remain available

5 until expended, which shall be derived from the Violent

6 Crime Reduction Trust Fund.

7 FEDERAL PRISONER DETENTION

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses related to United States prisoners in

10 the custody of the United States Marshals Service as au11 thorized in 18 U.S.C. 4013, but not including expenses

12 otherwise provided for in appropriations available to the

13 Attorney General; $252,820,000, as authorized by 28

14 U.S.C. 561(i), to remain available until expended.

15 In addition, for Federal Prisoner Detention,

16 $9,000,000 shall be made available until expended to be

17 derived by transfer from unobligated balances of the

18 Working Capital Fund in the Department of Justice.

19 FEES AND EXPENSES OF WITNESSES

20 For expenses, mileage, compensation, and per diems

21 of witnesses, for expenses of contracts for the procurement

22 and supervision of expert witnesses, for private counsel ex23 penses, and for per diems in lieu of subsistence, as author24 ized by law, including advances, $85,000,000, to remain

25 available until expended; of which not to exceed

26 $4,750,000 may be made available for planning, construc-
12

S 1594 RS

1 tion, renovations, maintenance, remodeling, and repair of

2 buildings and the purchase of equipment incident thereto

3 for protected witness safesites; of which not to exceed

4 $1,000,000 may be made available for the purchase and

5 maintenance of armored vehicles for transportation of pro6 tected witnesses; and of which not to exceed $4,000,000

7 may be made available for the purchase, installation and

8 maintenance of a secure automated information network

9 to store and retrieve the identities and locations of pro10 tected witnesses.

11 SALARIES AND EXPENSES, COMMUNITY RELATIONS

12 SERVICE

13 For necessary expenses of the Community Relations

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

15 1964, $5,319,000: Provided, That notwithstanding any

16 other provision of this title, upon a determination by the

17 Attorney General that emergent circumstances require ad18 ditional funding for conflict prevention and resolution ac19 tivities of the Community Relations Service, the Attorney

20 General may transfer such amounts to the Community Re21 lations Service, from available appropriations for the cur22 rent fiscal year for the Department of Justice, as may be

23 necessary to respond to such circumstances: Provided fur24 ther, That any transfer pursuant to this section shall be

25 treated as a reprogramming under section 605 of this Act

26 and shall not be available for obligation or expenditure ex-
13

S 1594 RS

1 cept in compliance with the procedures set forth in that

2 section.

3 ASSETS FORFEITURE FUND

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

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

6 $30,000,000 to be derived from the Department of Justice

7 Assets Forfeiture Fund.

8 RADIATION EXPOSURE COMPENSATION

9 ADMINISTRATIVE EXPENSES

10 For necessary administrative expenses in accordance

11 with the Radiation Exposure Compensation Act,

12 $2,655,000.

13 PAYMENT TO RADIATION EXPOSURE COMPENSATION

14 TRUST FUND

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

18 INTERAGENCY LAW ENFORCEMENT

19 INTERAGENCY CRIME AND DRUG ENFORCEMENT

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

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

24 law enforcement agencies engaged in the investigation and

25 prosecution of individuals involved in organized crime drug

26 trafficking, $359,843,000, of which $50,000,000 shall re-
14

S 1594 RS

1 main available until expended: Provided, That any

2 amounts obligated from appropriations under this heading

3 may be used under authorities available to the organiza4 tions reimbursed from this appropriation: Provided fur5 ther, That any unobligated balances remaining available

6 at the end of the fiscal year shall revert to the Attorney

7 General for reallocation among participating organizations

8 in succeeding fiscal years, subject to the reprogramming

9 procedures described in section 605 of this Act.

10 FEDERAL BUREAU OF INVESTIGATION

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary for detection, investigation,

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

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

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

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

21 unforeseen emergencies of a confidential character, to be

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

23 solely under the certificate of, the Attorney General;

24 $2,189,183,000, of which not to exceed $50,000,000 for

25 automated data processing and telecommunications and

26 technical investigative equipment and $1,000,000 for un-
15

S 1594 RS

1 dercover operations shall remain available until September

2 30, 1997; of which not less than $102,345,000 shall be

3 for counterterrorism investigations, foreign counterintel4 ligence, and other activities related to our national secu5 rity; of which not to exceed $98,400,000 shall remain

6 available until expended; of which not to exceed

7 $10,000,000 is authorized to be made available for making

8 payments or advances for expenses arising out of contrac9 tual or reimbursable agreements with State and local law

10 enforcement agencies while engaged in cooperative activi11 ties related to violent crime, terrorism, organized crime,

12 and drug investigations; and of which $1,500,000 shall be

13 available to maintain an independent program office dedi14 cated solely to the relocation of the Criminal Justice Infor15 mation Services Division and the automation of finger16 print identification services: Provided, That not to exceed

17 $45,000 shall be available for official reception and rep18 resentation expenses: Provided further, That $58,000,000

19 shall be made available for NCIC 2000, of which not less

20 than $35,000,000 shall be derived from ADP and Tele21 communications unobligated balances, and of which

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

23 until expended from unobligated balances in the Working

24 Capital Fund of the Department of Justice.
16

S 1594 RS

1 VIOLENT CRIME REDUCTION PROGRAMS

2 For activities authorized by Public Law 103–322,

3 $218,300,000, to remain available until expended, which

4 shall be derived from the Violent Crime Reduction Trust

5 Fund, of which $208,800,000 shall be for activities au6 thorized by section 190001(c); $4,000,000 for Training

7 and Investigative Assistance authorized by section

8 210501(c)(2); and $5,500,000 for establishing DNA qual9 ity assurance and proficiency testing standards, establish10 ing an index to facilitate law enforcement exchange of

11 DNA identification information, and related activities au12 thorized by section 210306.

13 CONSTRUCTION

14 For necessary expenses to construct or acquire build15 ings and sites by purchase, or as otherwise authorized by

16 law (including equipment for such buildings); conversion

17 and extension of federally-owned buildings; and prelimi18 nary planning and design of projects; $97,589,000, to re19 main available until expended.

20 DRUG ENFORCEMENT ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Drug Enforcement Ad23 ministration, including not to exceed $70,000 to meet un24 foreseen emergencies of a confidential character, to be ex25 pended under the direction of, and to be accounted for

26 solely under the certificate of, the Attorney General; ex-
17

S 1594 RS

1 penses for conducting drug education and training pro2 grams, including travel and related expenses for partici3 pants in such programs and the distribution of items of

4 token value that promote the goals of such programs; pur5 chase of not to exceed 1,208 passenger motor vehicles, of

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

7 use without regard to the general purchase price limitation

8 for the current fiscal year; and acquisition, lease, mainte9 nance, and operation of aircraft; $750,168,000, of which

10 not to exceed $1,800,000 for research and $15,000,000

11 for transfer to the Drug Diversion Control Fee Account

12 for operating expenses shall remain available until ex13 pended, and of which not to exceed $4,000,000 for pur14 chase of evidence and payments for information, not to

15 exceed $4,000,000 for contracting for ADP and tele16 communications equipment, and not to exceed $2,000,000

17 for technical and laboratory equipment shall remain avail18 able until September 30, 1997, and of which not to exceed

19 $50,000 shall be available for official reception and rep20 resentation expenses.

21 VIOLENT CRIME REDUCTION PROGRAMS

22 For activities authorized by sections 180104 and

23 190001(b) of Public Law 103–322, $60,000,000, to re24 main available until expended, which shall be derived from

25 the Violent Crime Reduction Trust Fund.
18

S 1594 RS

1 IMMIGRATION AND NATURALIZATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses, not otherwise provided for, necessary

4 for the administration and enforcement of the laws relat5 ing to immigration, naturalization, and alien registration,

6 including not to exceed $50,000 to meet unforeseen emer7 gencies of a confidential character, to be expended under

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

9 certificate of, the Attorney General; purchase for police10 type use (not to exceed 813 of which 177 are for replace11 ment only) without regard to the general purchase price

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

13 motor vehicles; acquisition, lease, maintenance and oper14 ation of aircraft; and research related to immigration en15 forcement; $1,394,825,000, of which $36,300,000 shall

16 remain available until September 30, 1997; of which

17 $506,800,000 is available for the Border Patrol; of which

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

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

20 shall be available for costs associated with the training

21 program for basic officer training: Provided, That none

22 of the funds available to the Immigration and Naturaliza23 tion Service shall be available for administrative expenses

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

25 of $25,000 during the calendar year beginning January
19

S 1594 RS

1 1, 1996: Provided further, That uniforms may be pur2 chased without regard to the general purchase price limi3 tation for the current fiscal year: Provided further, That

4 not to exceed $5,000 shall be available for official recep5 tion and representation expenses: Provided further, That

6 the Attorney General may transfer to the Department of

7 Labor and the Social Security Administration not to ex8 ceed $10,000,000 for programs to verify the immigration

9 status of persons seeking employment in the United

10 States: Provided further, That none of the funds provided

11 in this or any other Act shall be used for the continued

12 operation of the San Clemente and Temecula checkpoints

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

14 checked on a continuous 24-hour basis and (2) the Immi15 gration and Naturalization Service undertakes a com16 muter lane facilitation pilot program at the San Clemente

17 checkpoint within 90 days of enactment of this Act: Pro18 vided further, That the Immigration and Naturalization

19 Service shall undertake the renovation and improvement

20 of the San Clemente checkpoint, to include the addition

21 of two to four lanes, and which shall be exempt from Fed22 eral procurement regulations for contract formation, from

23 within existing balances in the Immigration and Natu24 ralization Service Construction account: Provided further,

25 That if renovation of the San Clemente checkpoint is not
20

S 1594 RS

1 completed by July 1, 1996, the San Clemente checkpoint

2 will close until such time as the renovations and improve3 ments are completed unless funds for the continued oper4 ation of the checkpoint are provided and made available

5 for obligation and expenditure in accordance with proce6 dures set forth in section 605 of this Act, as the result

7 of certification by the Attorney General that exigent cir8 cumstances require the checkpoint to be open and delays

9 in completion of the renovations are not the result of any

10 actions that are or have been in the control of the Depart11 ment of Justice: Provided further, That the Office of Pub12 lic Affairs at the Immigration and Naturalization Service

13 shall conduct its business in areas only relating to its

14 central mission, including: research, analysis, and dissemi15 nation of information, through the media and other com16 munications outlets, relating to the activities of the Immi17 gration and Naturalization Service: Provided further, That

18 the Office of Congressional Relations at the Immigration

19 and Naturalization Service shall conduct business in areas

20 only relating to its central mission, including: providing

21 services to Members of Congress relating to constituent

22 inquiries and requests for information; and working with

23 the relevant congressional committees on proposed legisla24 tion affecting immigration matters: Provided further, That

25 in addition to amounts otherwise made available in this
21

S 1594 RS

1 title to the Attorney General, the Attorney General is au2 thorized to accept and utilize, on behalf of the United

3 States, the $100,000 Innovation in American Government

4 Award for 1995 from the Ford Foundation for the Immi5 gration and Naturalization Service’s Operation Jobs pro6 gram.

7 VIOLENT CRIME REDUCTION PROGRAMS

8 For activities authorized by sections 130005,

9 130006, and 130007 of Public Law 103–322,

10 $316,198,000, to remain available until expended, which

11 will be derived from the Violent Crime Reduction Trust

12 Fund, of which $38,704,000 shall be for expeditious de13 portation of denied asylum applicants, $231,570,000 for

14 improving border controls, and $45,924,000 for expanded

15 special deportation proceedings: Provided, That of the

16 amounts made available, $75,765,000 shall be for the Bor17 der Patrol.

18 CONSTRUCTION

19 For planning, construction, renovation, equipping

20 and maintenance of buildings and facilities necessary for

21 the administration and enforcement of the laws relating

22 to immigration, naturalization, and alien registration, not

23 otherwise provided for, $25,000,000, to remain available

24 until expended.
22

S 1594 RS

1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

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

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

6 which 559 are for replacement only) and hire of law en7 forcement and passenger motor vehicles; and for the provi8 sion of technical assistance and advice on corrections re9 lated issues to foreign governments; $2,567,578,000: Pro10 vided, That there may be transferred to the Health Re11 sources and Services Administration such amounts as may

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

13 for direct expenditures by that Administration for medical

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

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

17 contracts with a fiscal agent/fiscal intermediary claims

18 processor to determine the amounts payable to persons

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

21 further, That uniforms may be purchased without regard

22 to the general purchase price limitation for the current

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

24 shall be available for official reception and representation

25 expenses: Provided further, That not to exceed
23

S 1594 RS

1 $50,000,000 for the activation of new facilities shall re2 main available until September 30, 1997: Provided further,

3 That of the amounts provided for Contract Confinement,

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

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

9 States of Cuban and Haitian entrants: Provided further,

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

11 privatize any Federal prison facilities located in Forrest

12 City, Arkansas, and Yazoo City, Mississippi.

13 VIOLENT CRIME REDUCTION PROGRAMS

14 For substance abuse treatment in Federal prisons as

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

16 $13,500,000, to remain available until expended, which

17 shall be derived from the Violent Crime Reduction Trust

18 Fund.

19 BUILDINGS AND FACILITIES

20 For planning, acquisition of sites and construction of

21 new facilities; leasing the Oklahoma City Airport Trust

22 Facility; purchase and acquisition of facilities and remod23 eling and equipping of such facilities for penal and correc24 tional use, including all necessary expenses incident there25 to, by contract or force account; and constructing, remod26 eling, and equipping necessary buildings and facilities at
24

S 1594 RS

1 existing penal and correctional institutions, including all

2 necessary expenses incident thereto, by contract or force

3 account; $334,728,000, to remain available until ex4 pended, of which not to exceed $14,074,000 shall be avail5 able to construct areas for inmate work programs: Pro6 vided, That labor of United States prisoners may be used

7 for work performed under this appropriation: Provided

8 further, That not to exceed 10 percent of the funds appro9 priated to ‘‘Buildings and Facilities’’ in this Act or any

10 other Act may be transferred to ‘‘Salaries and Expenses’’,

11 Federal Prison System upon notification by the Attorney

12 General to the Committees on Appropriations of the

13 House of Representatives and the Senate in compliance

14 with provisions set forth in section 605 of this Act: Pro15 vided further, That of the total amount appropriated, not

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

17 and construction of United States Marshals Service pris18 oner holding facilities.

19 FEDERAL PRISON INDUSTRIES, INCORPORATED

20 The Federal Prison Industries, Incorporated, is here21 by authorized to make such expenditures, within the limits

22 of funds and borrowing authority available, and in accord

23 with the law, and to make such contracts and commit24 ments, without regard to fiscal year limitations as pro25 vided by section 9104 of title 31, United States Code, as

26 may be necessary in carrying out the program set forth
25

S 1594 RS

1 in the budget for the current fiscal year for such corpora2 tion, including purchase of (not to exceed five for replace3 ment only) and hire of passenger motor vehicles.

4 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

5 PRISON INDUSTRIES, INCORPORATED

6 Not to exceed $3,559,000 of the funds of the corpora7 tion shall be available for its administrative expenses, and

8 for services as authorized by 5 U.S.C. 3109, to be com9 puted on an accrual basis to be determined in accordance

10 with the corporation’s current prescribed accounting sys11 tem, and such amounts shall be exclusive of depreciation,

12 payment of claims, and expenditures which the said ac13 counting system requires to be capitalized or charged to

14 cost of commodities acquired or produced, including sell15 ing and shipping expenses, and expenses in connection

16 with acquisition, construction, operation, maintenance, im17 provement, protection, or disposition of facilities and other

18 property belonging to the corporation or in which it has

19 an interest.

20 OFFICE OF JUSTICE PROGRAMS

21 JUSTICE ASSISTANCE

22 For grants, contracts, cooperative agreements, and

23 other assistance authorized by title I of the Omnibus

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

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

26 including salaries and expenses in connection therewith,
26

S 1594 RS

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

2 $99,977,000, to remain available until expended, as au3 thorized by section 1001 of title I of the Omnibus Crime

4 Control and Safe Streets Act, as amended by Public Law

5 102–534 (106 Stat. 3524).

6 VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE

7 ASSISTANCE

8 For assistance (including amounts for administrative

9 costs for management and administration, which amounts

10 shall be transferred to and merged with the ‘‘Justice As11 sistance’’ account) authorized by the Violent Crime Con12 trol and Law Enforcement Act of 1994, Public Law 103–

13 322 (‘‘the 1994 Act’’); the Omnibus Crime Control and

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

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

16 (‘‘the 1990 Act’’); $202,400,000, to remain available until

17 expended, which shall be derived from the Violent Crime

18 Reduction Trust Fund; of which $6,000,000 shall be for

19 the Court Appointed Special Advocate Program, as au20 thorized by section 218 of the 1990 Act; $750,000 for

21 Child Abuse Training Programs for Judicial Personnel

22 and Practitioners, as authorized by section 224 of the

23 1990 Act; $130,000,000 for Grants to Combat Violence

24 Against Women to States, units of local governments and

25 Indian tribal governments, as authorized by section

26 1001(a)(18) of the 1968 Act; $28,000,000 for Grants to
27

S 1594 RS

1 Encourage Arrest Policies to States, units of local govern2 ments and Indian tribal governments, as authorized by

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

4 Rural Domestic Violence and Child Abuse Enforcement

5 Assistance Grants, as authorized by section 40295 of the

6 1994 Act; $1,000,000 for training programs to assist pro7 bation and parole officers who work with released sex of8 fenders, as authorized by section 40152(c) of the Violent

9 Crime Control and Law Enforcement Act of 1994;

10 $50,000 for grants for televised testimony, as authorized

11 by section 1001(a)(7) of the Omnibus Crime Control and

12 Safe Streets Act of 1968; $200,000 for the study of State

13 databases on the incidence of sexual and domestic vio14 lence, as authorized by section 40292 of the Violent Crime

15 Control and Law Enforcement Act of 1994; $1,500,000

16 for national stalker and domestic violence reduction, as

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

18 for grants for residential substance abuse treatment for

19 State prisoners authorized by section 1001(a)(17) of the

20 1968 Act; and $900,000 for the Missing Alzheimer’s Dis21 ease Patient Alert Program, as authorized by section

22 240001(d) of the 1994 Act: Provided, That any balances

23 for these programs shall be transferred to and merged

24 with this appropriation.
28

S 1594 RS

1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2 For grants, contracts, cooperative agreements, and

3 other assistance authorized by part E of title I of the Om4 nibus Crime Control and Safe Streets Act of 1968, as

5 amended, for State and Local Narcotics Control and Jus6 tice Assistance Improvements, notwithstanding the provi7 sions of section 511 of said Act, $388,000,000, to remain

8 available until expended, as authorized by section 1001 of

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

10 (106 Stat. 3524), of which $60,000,000 shall be available

11 to carry out the provisions of chapter A of subpart 2 of

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

13 the Edward Byrne Memorial State and Local Law En14 forcement Assistance Programs: Provided, That balances

15 of amounts appropriated prior to fiscal year 1995 under

16 the authorities of this account shall be transferred to and

17 merged with this account.

18 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

19 LOCAL LAW ENFORCEMENT ASSISTANCE

20 For assistance (including amounts for administrative

21 costs for management and administration, which amounts

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

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

26 Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
29

S 1594 RS

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

2 (‘‘the 1990 Act’’); $3,005,200,000, to remain available

3 until expended, which shall be derived from the Violent

4 Crime Reduction Trust Fund; of which $1,903,000,000

5 shall be for Local Law Enforcement Block Grants, pursu6 ant to H.R. 728 as passed by the House of Representa7 tives on February 14, 1995 for the purposes set forth in

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

9 of H.R. 728 and for establishing crime prevention pro10 grams involving cooperation between community residents

11 and law enforcement personnel in order to control, detect,

12 or investigate crime or the prosecution of criminals: Pro13 vided, That recipients are encouraged to use these funds

14 to hire additional law enforcement officers: Provided fur15 ther, That no less than $975,000,000 of this amount shall

16 be available for Public Safety and Community Policing

17 grants pursuant to title I of the 1994 Act: Provided fur18 ther, That no less than $25,000,000 of this amount shall

19 be for drug courts pursuant to title V of the 1994 Act:

20 Provided further, That not less than $80,000,000 of such

21 amount shall be for crime prevention block grants pursu22 ant to subtitle B of title III of the 1994 Act:’’ after ‘‘the

23 1994 Act: Provided further, That funds may also be used

24 to defray the costs of indemnification insurance for law

25 enforcement officers: Provided further, That $10,000,000
30

S 1594 RS

1 of this amount shall be available for programs of Police

2 Corps education, training and service as set forth in sec3 tions 200101–200113 of the 1994 Act; $25,000,000 for

4 grants to upgrade criminal records, as authorized by sec5 tion 106(b) of the Brady Handgun Violence Prevention

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

7 Child Protection Act of 1993; $147,000,000 as authorized

8 by section 1001 of title I of the 1968 Act, which shall

9 be available to carry out the provisions of subpart 1, part

10 E of title I of the 1968 Act, notwithstanding section 511

11 of said Act, for the Edward Byrne Memorial State and

12 Local Law Enforcement Assistance Programs;

13 $300,000,000 for the State Criminal Alien Assistance

14 Program, as authorized by section 242(j) of the Immigra15 tion and Nationality Act, as amended; $617,500,000 for

16 Violent Offender Incarceration and Truth in Sentencing

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

18 Violent Crime Control and Law Enforcement Act of 1994

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

20 $200,000,000 shall be available for payments to States for

21 incarceration of criminal aliens, and of which $12,500,000

22 shall be available for the Cooperative Agreement Program;

23 $1,000,000 for grants to States and units of local govern24 ment for projects to improve DNA analysis, as authorized

25 by section 1001(a)(22) of the 1968 Act; $9,000,000 for
31

S 1594 RS

1 Improved Training and Technical Automation Grants, as

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

3 $1,000,000 for Law Enforcement Family Support Pro4 grams, as authorized by section 1001(a)(21) of the 1968

5 Act; $500,000 for Motor Vehicle Theft Prevention Pro6 grams, as authorized by section 220002(h) of the 1994

7 Act; $1,000,000 for Gang Investigation Coordination and

8 Information Collection, as authorized by section 150006

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

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

11 That funds made available in fiscal year 1996 under sub12 part 1 of part E of title I of the Omnibus Crime Control

13 and Safe Streets Act of 1968, as amended, may be obli14 gated for programs to assist States in the litigation proc15 essing of death penalty Federal habeas corpus petitions:

16 Provided further, That any 1995 balances for these pro17 grams shall be transferred to and merged with this appro18 priation: Provided further, That if a unit of local govern19 ment uses any of the funds made available under this title

20 to increase the number of law enforcement officers, the

21 unit of local government will achieve a net gain in the

22 number of law enforcement officers who perform

23 nonadministrative public safety service.

24 WEED AND SEED PROGRAM FUND

25 For necessary expenses, including salaries and relat26 ed expenses of the Executive Office for Weed and Seed,
32

S 1594 RS

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

2 $28,500,000, which shall be derived from discretionary

3 grants provided under the Edward Byrne Memorial State

4 and Local Law Enforcement Assistance Programs, to re5 main available until expended for intergovernmental

6 agreements, including grants, cooperative agreements, and

7 contracts, with State and local law enforcement agencies

8 engaged in the investigation and prosecution of violent

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

10 communities, and for either reimbursements or transfers

11 to appropriation accounts of the Department of Justice

12 and other Federal agencies which shall be specified by the

13 Attorney General to execute the ‘‘Weed and Seed’’ pro14 gram strategy: Provided, That funds designated by Con15 gress through language for other Department of Justice

16 appropriation accounts for ‘‘Weed and Seed’’ program ac17 tivities shall be managed and executed by the Attorney

18 General through the Executive Office for Weed and Seed:

19 Provided further, That the Attorney General may direct

20 the use of other Department of Justice funds and person21 nel in support of ‘‘Weed and Seed’’ program activities only

22 after the Attorney General notifies the Committees on Ap23 propriations of the House of Representatives and the Sen24 ate in accordance with section 605 of this Act.
33

S 1594 RS

1 JUVENILE JUSTICE PROGRAMS

2 For grants, contracts, cooperative agreements, and

3 other assistance authorized by the Juvenile Justice and

4 Delinquency Prevention Act of 1974, as amended, includ5 ing salaries and expenses in connection therewith to be

6 transferred to and merged with the appropriations for

7 Justice Assistance, $144,000,000, to remain available

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

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

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

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

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

13 for expenses authorized by sections 281 and 282 of part

14 D of title II of the Act for prevention and treatment pro15 grams relating to juvenile gangs; (3) $10,000,000 shall

16 be available for expenses authorized by section 285 of part

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

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

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

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

21 Act for incentive grants for local delinquency prevention

22 programs.

23 In addition, for grants, contracts, cooperative agree24 ments, and other assistance authorized by the Victims of

25 Child Abuse Act of 1990, as amended, $4,500,000, to re-
34

S 1594 RS

1 main available until expended, as authorized by section

2 214B, of the Act: Provided, That balances of amounts ap3 propriated prior to fiscal year 1995 under the authorities

4 of this account shall be transferred to and merged with

5 this account.

6 PUBLIC SAFETY OFFICERS BENEFITS

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

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

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

10 to remain available until expended, as authorized by sec11 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

12 and, in addition, $2,134,000, to remain available until ex13 pended, for payments as authorized by section 1201(b) of

14 said Act.

15 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

16 SEC. 101. In addition to amounts otherwise made

17 available in this title for official reception and representa18 tion expenses, a total of not to exceed $45,000 from funds

19 appropriated to the Department of Justice in this title

20 shall be available to the Attorney General for official re21 ception and representation expenses in accordance with

22 distributions, procedures, and regulations established by

23 the Attorney General.

24 SEC. 102. Subject to section 102(b) of the Depart25 ment of Justice and Related Agencies Appropriations Act,

26 1993, as amended by section 112 of this Act, authorities
35

S 1594 RS

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

2 Justice Appropriation Authorization Act, Fiscal Year

3 1980’’, shall remain in effect until the termination date

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

5 of Justice Appropriation Authorization Act, whichever is

6 earlier.

7 SEC. 103. None of the funds appropriated by this

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

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

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

11 That should this prohibition be declared unconstitutional

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

13 null and void.

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

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

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

17 SEC. 105. Nothing in the preceding section shall re18 move the obligation of the Director of the Bureau of Pris19 ons to provide escort services necessary for a female in20 mate to receive such service outside the Federal facility:

21 Provided, That nothing in this section in any way dimin22 ishes the effect of section 104 intended to address the phil23 osophical beliefs of individual employees of the Bureau of

24 Prisons.
36

S 1594 RS

1 SEC. 106. Notwithstanding any other provision of

2 law, not to exceed $10,000,000 of the funds made avail3 able in this Act may be used to establish and publicize

4 a program under which publicly-advertised, extraordinary

5 rewards may be paid, which shall not be subject to spend6 ing limitations contained in sections 3059 and 3072 of

7 title 18, United States Code: Provided, That any reward

8 of $100,000 or more, up to a maximum of $2,000,000,

9 may not be made without the personal approval of the

10 President or the Attorney General and such approval may

11 not be delegated.

12 SEC. 107. Not to exceed 5 percent of any appropria13 tion made available for the current fiscal year for the De14 partment of Justice in this Act, including those derived

15 from the Violent Crime Reduction Trust Fund, may be

16 transferred between such appropriations, but no such ap17 propriation, except ‘‘salaries and expenses, Community

18 Relations Service’’ or as otherwise specifically provided,

19 shall be increased by more than 10 percent by any such

20 transfers: Provided, That any transfer pursuant to this

21 section shall be treated as a reprogramming of funds

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

23 for obligation or expenditure except in compliance with the

24 procedures set forth in that section.
37

S 1594 RS

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

2 thereafter, amounts in the Federal Prison System’s Com3 missary Fund, Federal Prisons, which are not currently

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

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

6 all earnings on such investment shall be deposited in the

7 Commissary Fund.

8 SEC. 109. (a) Section 524(c)(8)(E) of title 28, United

9 States Code, is amended by deleting ‘‘1994’’ and inserting

10 ‘‘1995’’ in place thereof.

11 (b) Section 524(c)(9) is amended to read as follows:

12 ‘‘(9) Following the completion of procedures for the for13 feiture of property pursuant to any law enforced or admin14 istered by the Department, the Attorney General is au15 thorized, at his discretion, to warrant clear title to any

16 subsequent purchaser or transferee of such property.’’.

17 SEC. 110. Hereafter, notwithstanding any other pro18 vision of law—

19 (1) No transfers may be made from Depart20 ment of Justice accounts other than those author21 ized in this Act, or in previous or subsequent appro22 priations Acts for the Department of Justice, or in

23 part II of title 28 of the United States Code, or in

24 section 10601 of title 42 of the United States Code;

25 and
38

S 1594 RS

1 (2) No appropriation account within the De2 partment of Justice shall have its allocation of funds

3 controlled by other than an apportionment issued by

4 the Office of Management and Budget or an allot5 ment advice issued by the Department of Justice.

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

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

8 or’’.

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

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

11 confirmed;’’.

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

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

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

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

19 plan is confirmed.’’.

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

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

22 1993, 1994, and 1995’’ and insert ‘‘year 1996’’; (2) in

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

24 and insert ‘‘year 1996’’; and (3) in subsection (b)(5)(A)
39

S 1594 RS

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

2 1996’’.

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

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

5 justice information’’ after ‘‘for the automation of finger6 print identification’’.

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

8 II of the Violent Crime Control and Law Enforcement Act

9 of 1994 is amended to read as follows:

10 ‘‘Subtitle A—Violent Offender In11 carceration and Truth-in-Sen12 tencing Incentive Grants

13 ‘‘SEC. 20101. DEFINITIONS.

14 ‘‘As used in this subtitle—

15 ‘‘(1) the term ‘indeterminate sentencing’ means

16 a system by which—

17 ‘‘(A) the court may impose a sentence of

18 a range defined by statute; and

19 ‘‘(B) an administrative agency, generally

20 the parole board, or the court, controls release

21 within the statutory range;

22 ‘‘(2) the term ‘sentencing guidelines’

23 means a system of sentences which—
40

S 1594 RS

1 ‘‘(A) is established for use by a sen2 tencing court in determining the sentence

3 to be imposed in a criminal case; and

4 ‘‘(B) increases certainty in sentencing,

5 thereby providing assurances to victims of

6 the sentence to be served;

7 ‘‘(3) the term ‘part 1 violent crime’ means mur8 der and nonnegligent manslaughter, forcible rape,

9 robbery, and aggravated assault as reported to the

10 Federal Bureau of Investigation for purposes of the

11 Uniform Crime Reports; and

12 ‘‘(4) the term ‘State’ means a State of the

13 United States, the District of Columbia, or any com14 monwealth, territory, or possession of the United

15 States.

16 ‘‘SEC. 20102. AUTHORIZATION OF GRANTS.

17 ‘‘(a) IN GENERAL.—The Attorney General shall pro18 vide Violent Offender Incarceration grants under section

19 20103(a) and Truth-in-Sentencing Incentive grants under

20 section 20103(b) to eligible States—

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

22 increase the bed capacity for the confinement of per23 sons convicted of a part 1 violent crime or adju24 dicated delinquent for an act which if committed by

25 an adult, would be a part 1 violent crime;
41

S 1594 RS

1 ‘‘(2) to build or expand temporary or perma2 nent correctional facilities, including facilities on

3 military bases, prison barges, and boot camps, for

4 the confinement of convicted nonviolent offenders

5 and criminal aliens, for the purpose of freeing suit6 able existing prison space for the confinement of

7 persons convicted of a part 1 violent crime; and

8 ‘‘(3) to build or expand jails.

9 ‘‘(b) REGIONAL COMPACTS.—

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

11 States may enter into regional compacts to carry out

12 this subtitle. Such compacts shall be treated as

13 States under this subtitle.

14 ‘‘(2) REQUIREMENT.—To be recognized as a re15 gional compact for eligibility for a grant under sec16 tion 20103 (a) or (b), each member State must be

17 eligible individually.

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

19 State may receive a grant under this subtitle both

20 individually and as part of a compact.

21 ‘‘(c) APPLICABILITY.—Notwithstanding the eligibility

22 requirements of section 20103, a State that certifies to

23 the Attorney General that, as of the date of enactment

24 of the Department of Justice Appropriations Act, 1996,

25 such State has enacted legislation in reliance on subtitle
42

S 1594 RS

1 A of title II of the Violent Crime Control and Law En2 forcement Act, as enacted on September 13, 1994, and

3 would in fact qualify under those provisions, shall be eligi4 ble to receive a grant for fiscal year 1996 as though such

5 State qualifies under section 20103 of this subtitle.

6 ‘‘SEC. 20103. GRANT ELIGIBILITY.

7 ‘‘(a) VIOLENT OFFENDER INCARCERATION

8 GRANTS.—To be eligible to receive a grant under this sub9 title, a State shall submit an application to the Attorney

10 General that provides assurances that the State has imple11 mented, or will implement, correctional policies and pro12 grams, including truth-in-sentencing laws that ensure that

13 violent offenders serve a substantial portion of the sen14 tences imposed, that are designed to provide sufficiently

15 severe punishment for violent offenders, including violent

16 juvenile offenders, and that the prison time served is ap17 propriately related to the determination that the inmate

18 is a violent offender and for a period of time deemed nec19 essary to protect the public.

20 ‘‘(b) TRUTH-IN-SENTENCING INCENTIVES.—

21 ‘‘(1) ELIGIBILITY.—To be eligible to receive an

22 additional grant award under this subsection, a

23 State shall submit an application to the Attorney

24 General that demonstrates that—
43

S 1594 RS

1 ‘‘(A) such State has implemented truth-in2 sentencing laws that—

3 ‘‘(i) require persons convicted of a

4 part 1 violent crime to serve not less than

5 85 percent of the sentence imposed (not

6 counting time not actually served, such as

7 administrative or statutory incentives for

8 good behavior); or

9 ‘‘(ii) result in persons convicted of a

10 part 1 violent crime serving on average not

11 less than 85 percent of the sentence im12 posed (not counting time not actually

13 served, such as administrative or statutory

14 incentives for good behavior);

15 ‘‘(B) such State has truth-in-sentencing

16 laws that have been enacted, but not yet imple17 mented, that require such State, not later than

18 3 years after such State submits an application

19 to the Attorney General, to provide that persons

20 convicted of a part 1 violent crime serve not

21 less than 85 percent of the sentence imposed

22 (not counting time not actually served, such as

23 administrative or statutory incentives for good

24 behavior);
44

S 1594 RS

1 ‘‘(C) in the case of a State that on the

2 date of enactment of the Departments of Com3 merce, Justice, and State, the Judiciary and

4 Related Agencies Appropriations Act, 1996,

5 practices indeterminate sentencing with regard

6 to any part 1 violent crime, persons convicted

7 of a part 1 violent crime in such State on aver8 age serve not less than 85 percent of the sen9 tence established under the State’s sentencing

10 guidelines (not counting time not actually

11 served, such as administrative or statutory in12 centives for good behavior); or

13 ‘‘(D) the number of new court commit14 ments to prison for part 1 violent crimes has

15 increased by 10 percent or more over the most

16 recent 3-year period.

17 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

18 (1), a State may provide that the Governor of the

19 State may allow for the earlier release of—

20 ‘‘(A) a geriatric prisoner; or

21 ‘‘(B) a prisoner whose medical condition

22 precludes the prisoner from posing a threat to

23 the public, but only after a public hearing in

24 which representatives of the public and the pris-
45

S 1594 RS

1 oner’s victims have had an opportunity to be

2 heard regarding a proposed release.

3 ‘‘SEC. 20104. SPECIAL RULES.

4 ‘‘(a) SHARING OF FUNDS WITH COUNTIES AND

5 OTHER UNITS OF LOCAL GOVERNMENT.—

6 ‘‘(1) RESERVATION.—Each State shall reserve

7 not more than 15 percent of the amount of funds al8 located in a fiscal year pursuant to section 20105

9 for counties and units of local government to con10 struct, develop, expand, modify, or improve jails and

11 other correctional facilities.

12 ‘‘(2) FACTORS FOR DETERMINATION OF

13 AMOUNT.—To determine the amount of funds to be

14 reserved under this subsection, a State shall consider

15 the burden placed on a county or unit of local gov16 ernment that results from the implementation of

17 policies adopted by the State to carry out section

18 20103.

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

20 receive a grant under section 20103, a State shall provide

21 assurances to the Attorney General that the State has im22 plemented or will implement not later than 18 months

23 after the date of the enactment of this subtitle policies

24 that provide for the recognition of the rights and needs

25 of crime victims.
46

S 1594 RS

1 ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith2 standing any other provision of this subtitle, if a State,

3 or unit of local government located in a State that other4 wise meets the requirements of section 20103, certifies to

5 the Attorney General that exigent circumstances exist that

6 require the State to expend funds to build or expand facili7 ties to confine juvenile offenders other than juvenile of8 fenders adjudicated delinquent for an act which, if com9 mitted by an adult, would be a part 1 violent crime, the

10 State may use funds received under this subtitle to build

11 or expand juvenile correctional facilities or pretrial deten12 tion facilities for juvenile offenders.

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

14 received under this subtitle for the privatization of facili15 ties to carry out the purposes of section 20102.

16 ‘‘(e) DEFINITION.—In a case in which a State defines

17 a part 1 violent crime differently than the definition pro18 vided in the Uniform Crime Reports, the Attorney General

19 shall determine and designate whether the definition by

20 such State is substantially similar to the definition pro21 vided in the Uniform Crime Reports.

22 ‘‘SEC. 20105. FORMULA FOR GRANTS.

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

24 granted to each State eligible to receive a grant under sec-
47

S 1594 RS

1 tion 20103, the Attorney General shall apply the following

2 formula:

3 ‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER

4 SECTION 20103(a).—Of the amount set aside for

5 grants for section 20103(a), 0.75 percent shall be al6 located to each eligible State, except that the United

7 States Virgin Islands, American Samoa, Guam, and

8 the Commonwealth of the Northern Mariana Islands

9 shall each be allocated 0.05 percent.

10 ‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER

11 SECTION 20103(b).—Of the amount set aside for ad12 ditional grant awards under section 20103(b)—

13 ‘‘(A) if fewer than 20 States are awarded

14 grants under section 20103(b), 2.5 percent of

15 the amounts paid shall be allocated to each eli16 gible State, except that the United States Vir17 gin Islands, American Samoa, Guam, and the

18 Commonwealth of the Northern Mariana Is19 lands shall each be allocated 0.05 percent; and

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

21 grants under section 20103(b), 2.0 percent of

22 the amounts awarded shall be allocated to each

23 eligible State, except that the United States

24 Virgin Islands, American Samoa, Guam, and
48

S 1594 RS

1 the Commonwealth of the Northern Mariana Is2 lands shall each be allocated 0.04 percent.

3 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—

4 ‘‘(A) ALLOCATION OF REMAINING

5 AMOUNTS UNDER SECTION 20103(a).—The

6 amounts remaining after the application of

7 paragraph (1) shall be allocated to each eligible

8 State in the ratio that the population of such

9 State bears to the population of all States.

10 ‘‘(B) DISTRIBUTION OF REMAINING

11 AMOUNTS UNDER SECTION 20103(b).—The

12 amounts remaining after the application of

13 paragraph (2) shall be allocated to each eligible

14 State in the ratio that the average annual num15 ber of part 1 violent crimes reported by such

16 State to the Federal Bureau of Investigation

17 for the 3 years preceding the year in which the

18 determination is made bears to the average an19 nual number of part 1 violent crimes reported

20 by all such States to the Federal Bureau of In21 vestigation for the 3 years preceding the year in

22 which the determination is made.

23 ‘‘(C) UNAVAILABLE DATA.—If data re24 garding part 1 violent crimes in any State is

25 unavailable for the 3 years preceding the year
49

S 1594 RS

1 in which the determination is made or substan2 tially inaccurate, the Attorney General shall uti3 lize the best available comparable data regard4 ing the number of violent crimes for the pre5 vious year for the State for the purposes of allo6 cation of funds under this subtitle.

7 ‘‘(4) REGIONAL COMPACTS.—In determining

8 the funds that States organized as a regional com9 pact may receive, the Attorney General shall first

10 apply the formula in either paragraph (1) or (2) and

11 (3) of this section to each member State of the com12 pact. The States organized as a regional compact

13 may receive the sum of the amounts so determined.

14 ‘‘SEC. 20106. ACCOUNTABILITY.

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

16 funds under this subtitle shall use accounting, audit, and

17 fiscal procedures that conform to guidelines prescribed by

18 the Attorney General, and shall ensure that any funds

19 used to carry out the programs under section 20102(a)

20 shall represent the best value for the State governments

21 at the lowest possible cost and employ the best available

22 technology.

23 ‘‘(b) ADMINISTRATIVE PROVISIONS.—The adminis24 trative provisions of sections 801 and 802 of the Omnibus

25 Crime Control and Safe Streets Act of 1968 shall apply
50

S 1594 RS

1 to the Attorney General under this subtitle in the same

2 manner that such provisions apply to the officials listed

3 in such sections.

4 ‘‘SEC. 20107. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) AUTHORIZATIONS.—There are authorized

7 to be appropriated to carry out this subtitle—

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

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

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

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

12 and

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

14 ‘‘(2) DISTRIBUTION.—

15 ‘‘(A) IN GENERAL.—Subject to section

16 20108, of the amount appropriated pursuant to

17 paragraph (1), the Attorney General shall re18 serve—

19 ‘‘(i) in fiscal year 1996, 50 percent

20 for grants under section 20103(a), and 50

21 percent for additional incentive awards

22 under section 20103(b);

23 ‘‘(ii) in fiscal year 1997, 30 percent

24 for grants under section 20103(a), and 70
51

S 1594 RS

1 percent for additional incentive awards

2 under section 20103(b);

3 ‘‘(iii) in fiscal year 1998, 20 percent

4 for grants under section 20103(a), and 80

5 percent for additional incentive awards

6 under section 20103(b);

7 ‘‘(iv) in fiscal year 1999, 15 percent

8 for grants under section 20103(a), and 85

9 percent for additional incentive awards

10 under section 20103(b); and

11 ‘‘(v) in fiscal year 2000, 10 percent

12 for grants under section 20103(a), and 90

13 percent for additional incentive awards

14 under section 20103(b);

15 ‘‘(B) DISTRIBUTION OF MINIMUM

16 AMOUNTS.—The Attorney General shall distrib17 ute minimum amounts allocated under section

18 20105 (1) and (2) to an eligible State not later

19 than 30 days after receiving an application that

20 demonstrates that such State qualifies for a

21 Violent Offender Incarceration grant under sec22 tion 20103(a) or a Truth-in-Sentencing Incen23 tive grant under section 20103(b).

24 ‘‘(b) LIMITATIONS ON FUNDS.—
52

S 1594 RS

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

2 section 20110, funds made available pursuant to this

3 section shall be used only to carry out the purposes

4 described in section 20102(a).

5 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds

6 made available pursuant to this section shall not be

7 used to supplant State funds, but shall be used to

8 increase the amount of funds that would, in the ab9 sence of Federal funds, be made available from

10 State sources.

11 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than

12 3 percent of the funds made available pursuant to

13 this section shall be used for administrative costs.

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

15 appropriated pursuant to this section during any fis16 cal year shall remain available until expended.

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

18 a grant received under this subtitle may not exceed

19 90 percent of the costs of a proposal as described in

20 an application approved under this subtitle.

21 ‘‘SEC. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL

22 LANDS.

23 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding

24 any other provision of this subtitle, from amounts appro25 priated under section 20107 to carry out section 20103,
53

S 1594 RS

1 the Attorney General shall reserve, to carry out this sec2 tion—

3 ‘‘(1) 0.3 percent in each of fiscal years 1996

4 and 1997; and

5 ‘‘(2) 0.2 percent in each of fiscal years 1998,

6 1999, and 2000.

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

8 amounts reserved under subsection (a), the Attorney Gen9 eral may make grants to Indian tribes for the purposes

10 of constructing jails on tribal lands for the incarceration

11 of offenders subject to tribal jurisdiction.

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

13 under this section, an Indian tribe shall submit to the At14 torney General an application in such form and containing

15 such information as the Attorney General may by regula16 tion require.

17 ‘‘SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR INCAR18 CERATION OF CRIMINAL ALIENS.

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

20 make a payment to each State which is eligible under sec21 tion 242(j) of the Immigration and Nationality Act and

22 which meets the eligibility requirements of section 20103,

23 in such amount as is determined under section 242(j) and

24 for which payment is not made to such State for such fis25 cal year under such section.
54

S 1594 RS

1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Not2 withstanding any other provision of this subtitle, there are

3 authorized to be appropriated to carry out this section

4 from amounts authorized under section 20107, an amount

5 which when added to amounts appropriated to carry out

6 section 242(j) of the Immigration and Nationality Act for

7 fiscal year 1996 equals $500,000,000 and for each of the

8 fiscal years 1997 through 2000 does not exceed

9 $650,000,000.

10 ‘‘(c) REPORT TO CONGRESS.—Not later than May

11 15, 1999, the Attorney General shall submit a report to

12 the Congress which contains the recommendation of the

13 Attorney General concerning the extension of the program

14 under this section.

15 ‘‘SEC. 20110. SUPPORT OF FEDERAL PRISONERS IN NON16 FEDERAL INSTITUTIONS.

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

18 payments to States and units of local government for the

19 purposes authorized in section 4013 of title 18, United

20 States Code.

21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Not22 withstanding any other provision of this subtitle, there are

23 authorized to be appropriated from amounts authorized

24 under section 20107 for each of fiscal years 1996 through
55

S 1594 RS

1 2000 such sums as may be necessary to carry out this

2 section.

3 ‘‘SEC. 20111. REPORT BY THE ATTORNEY GENERAL.

4 ‘‘Beginning on July 1, 1996, and each July 1 there5 after, the Attorney General shall report to the Congress

6 on the implementation of this subtitle, including a report

7 on the eligibility of the States under section 20103, and

8 the distribution and use of funds under this subtitle.’’.

9 (b) PREFERENCE IN PAYMENTS.—Section 242(j)(4)

10 of the Immigration and Nationality Act (8 U.S.C.

11 1252(j)(4)) is amended by adding at the end the following:

12 ‘‘(C) In carrying out paragraph (1)(A), the

13 Attorney General shall give preference in mak14 ing payments to States and political subdivi15 sions of States which are ineligible for pay16 ments under section 20109 of the Violent Crime

17 Control and Law Enforcement Act of 1994.’’.

18 (c) CONFORMING AMENDMENTS.—

19 (1) OMNIBUS CRIME CONTROL AND SAFE

20 STREETS ACT OF 1968.—

21 (A) PART V.—Part V of title I of the Om22 nibus Crime Control and Safe Streets Act of

23 1968 is repealed.

24 (B) FUNDING.—
56

S 1594 RS

1 (i) Section 1001(a) of the Omnibus

2 Crime Control and Safe Streets Act of

3 1968 is amended by striking paragraph

4 (20).

5 (ii) Notwithstanding the provisions of

6 subparagraph (A), any funds that remain

7 available to an applicant under paragraph

8 (20) of title I of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 shall be

10 used in accordance with part V of such Act

11 as if such Act was in effect on the day pre12 ceding the date of enactment of this Act.

13 (2) VIOLENT CRIME CONTROL AND LAW EN14 FORCEMENT ACT OF 1994.—

15 (A) TABLE OF CONTENTS.—The table of

16 contents of the Violent Crime Control and Law

17 Enforcement Act of 1994 is amended by strik18 ing the matter relating to title V.

19 (B) COMPLIANCE.—Notwithstanding the

20 provisions of paragraph (1), any funds that re21 main available to an applicant under title V of

22 the Violent Crime Control and Law Enforce23 ment Act of 1994 shall be used in accordance

24 with such subtitle as if such subtitle was in ef-
57

S 1594 RS

1 fect on the day preceding the date of enactment

2 of this Act.

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

4 contents of the Violent Crime Control and Law

5 Enforcement Act of 1994 is amended by strik6 ing the matter relating to subtitle A of title II

7 and inserting the following:

‘‘SUBTITLE A—VIOLENT OFFENDER INCARCERATION AND TRUTH-INSENTENCING INCENTIVE GRANTS

‘‘Sec. 20101. Definitions.

‘‘Sec. 20102. Authorization of Grants.

‘‘Sec. 20103. Grant eligibility.

‘‘Sec. 20104. Special rules.

‘‘Sec. 20105. Formula for grants.

‘‘Sec. 20106. Accountability.

‘‘Sec. 20107. Authorization of appropriations.

‘‘Sec. 20108. Payments for Incarceration on Tribal Lands.

‘‘Sec. 20109. Payments to eligible States for incarceration of criminal aliens.

‘‘Sec. 20110. Support of Federal prisoners in non-Federal institutions.

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

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

9 353 or any other provision of law, the Federal Prison Sys10 tem may enter into contracts and other agreements with

11 private entities for a period not to exceed 3 years and 7

12 additional option years for the confinement of Federal

13 prisoners.

14 SEC. 116. The pilot debt collection project authorized

15 by Public Law 99–578, as amended, is extended through

16 September 30, 1997.

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

18 Appropriations Act, 1996’’.
58

S 1594 RS

1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United

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

11 consultants as authorized by 5 U.S.C. 3109, $20,889,000,

12 of which $2,500,000 shall remain available until expended:

13 Provided, That not to exceed $98,000 shall be available

14 for official reception and representation expenses.

15 INTERNATIONAL TRADE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the International Trade

18 Commission, including hire of passenger motor vehicles

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

20 exceed $2,500 for official reception and representation ex21 penses, $40,000,000, to remain available until expended.
59

S 1594 RS

1 DEPARTMENT OF COMMERCE

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

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

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

8 the purpose of promoting exports of United States firms,

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

10 coverage for dependent members of immediate families of

11 employees stationed overseas and employees temporarily

12 posted overseas; travel and transportation of employees of

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

15 1517; employment of Americans and aliens by contract for

16 services; rental of space abroad for periods not exceeding

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

19 exhibition structures for use abroad; payment of tort

20 claims, in the manner authorized in the first paragraph

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

23 expenses abroad; purchase of passenger motor vehicles for

24 official use abroad, not to exceed $30,000 per vehicle; ob25 tain insurance on official motor vehicles; and rent tie lines
60

S 1594 RS

1 and teletype equipment; $264,885,000, to remain avail2 able until expended: Provided, That the provisions of the

3 first sentence of section 105(f) and all of section 108(c)

4 of the Mutual Educational and Cultural Exchange Act of

5 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car6 rying out these activities without regard to 15 U.S.C.

7 4912; and that for the purpose of this Act, contributions

8 under the provisions of the Mutual Educational and Cul9 tural Exchange Act shall include payment for assessments

10 for services provided as part of these activities.

11 EXPORT ADMINISTRATION

12 OPERATIONS AND ADMINISTRATION

13 For necessary expenses for export administration and

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

16 export administration field activities both domestically and

17 abroad; full medical coverage for dependent members of

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

20 abroad; rental of space abroad for periods not exceeding

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

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

24 arise in foreign countries; not to exceed $15,000 for offi25 cial representation expenses abroad; awards of compensa-
61

S 1594 RS

1 tion to informers under the Export Administration Act of

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

3 of passenger motor vehicles for official use and motor vehi4 cles for law enforcement use with special requirement vehi5 cles eligible for purchase without regard to any price limi6 tation otherwise established by law; $38,604,000, to re7 main available until expended: Provided, That the provi8 sions of the first sentence of section 105(f) and all of sec9 tion 108(c) of the Mutual Educational and Cultural Ex10 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

11 apply in carrying out these activities: Provided further,

12 That payments and contributions collected and accepted

13 for materials or services provided as part of such activities

14 may be retained for use in covering the cost of such activi15 ties, and for providing information to the public with re16 spect to the export administration and national security

17 activities of the Department of Commerce and other ex18 port control programs of the United States and other gov19 ernments.

20 ECONOMIC DEVELOPMENT ADMINISTRATION

21 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

22 For grants for economic development assistance as

23 provided by the Public Works and Economic Development

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

25 laws that were in effect immediately before September 30,
62

S 1594 RS

1 1982, and for trade adjustment assistance, $328,500,000:

2 Provided, That none of the funds appropriated or other3 wise made available under this heading may be used di4 rectly or indirectly for attorneys’ or consultants’ fees in

5 connection with securing grants and contracts made by

6 the Economic Development Administration: Provided fur7 ther, That, notwithstanding any other provision of law, the

8 Secretary of Commerce may provide financial assistance

9 for projects to be located on military installations closed

10 or scheduled for closure or realignment to grantees eligible

11 for assistance under the Public Works and Economic De12 velopment Act of 1965, as amended, without it being re13 quired that the grantee have title or ability to obtain a

14 lease for the property, for the useful life of the project,

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

16 financial assistance is necessary for the economic develop17 ment of the area: Provided further, That the Secretary of

18 Commerce may, as the Secretary considers appropriate,

19 consult with the Secretary of Defense regarding the title

20 to land on military installations closed or scheduled for

21 closure or realignment.

22 SALARIES AND EXPENSES

23 For necessary expenses of administering the eco24 nomic development assistance programs as provided for by

25 law, $20,000,000: Provided, That these funds may be used

26 to monitor projects approved pursuant to title I of the
63

S 1594 RS

1 Public Works Employment Act of 1976, as amended, title

2 II of the Trade Act of 1974, as amended, and the Commu3 nity Emergency Drought Relief Act of 1977.

4 MINORITY BUSINESS DEVELOPMENT AGENCY

5 MINORITY BUSINESS DEVELOPMENT

6 For necessary expenses of the Department of Com7 merce in fostering, promoting, and developing minority

8 business enterprise, including expenses of grants, con9 tracts, and other agreements with public or private organi10 zations, $32,000,000.

11 ECONOMIC AND INFORMATION INFRASTRUCTURE

12 ECONOMIC AND STATISTICAL ANALYSIS

13 SALARIES AND EXPENSES

14 For necessary expenses, as authorized by law, of eco15 nomic and statistical analysis programs of the Department

16 of Commerce, $45,900,000, to remain available until Sep17 tember 30, 1997.

18 ECONOMICS AND STATISTICS ADMINISTRATION

19 REVOLVING FUND

20 The Secretary of Commerce is authorized to dissemi21 nate economic and statistical data products as authorized

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

23 4912, charge fees necessary to recover the full costs in24 curred in their production. Notwithstanding 31 U.S.C.

25 3302, receipts received from these data dissemination ac26 tivities shall be credited to this account, to be available
64

S 1594 RS

1 for carrying out these purposes without further appropria2 tion.

3 BUREAU OF THE CENSUS

4 SALARIES AND EXPENSES

5 For expenses necessary for collecting, compiling, ana6 lyzing, preparing, and publishing statistics, provided for

7 by law, $133,812,000.

8 PERIODIC CENSUSES AND PROGRAMS

9 For expenses necessary to collect and publish statis10 tics for periodic censuses and programs provided for by

11 law, $150,300,000, to remain available until expended.

12 NATIONAL TELECOMMUNICATIONS AND INFORMATION

13 ADMINISTRATION

14 SALARIES AND EXPENSES

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

16 the National Telecommunications and Information Ad17 ministration, $17,000,000 to remain available until ex18 pended: Provided, That notwithstanding 31 U.S.C.

19 1535(d), the Secretary of Commerce is authorized to

20 charge Federal agencies for spectrum management, analy21 sis, and operations, and related services: Provided further,

22 That the Secretary of Commerce is authorized to retain

23 and use as offsetting collections all funds transferred, or

24 previously transferred, from other Government agencies

25 for spectrum management, analysis, and operations, and

26 related services and for all costs incurred in telecommuni-
65

S 1594 RS

1 cations research, engineering, and related activities by the

2 Institute for Telecommunication Sciences of the NTIA in

3 furtherance of its assigned functions under this para4 graph, and such funds received from other Government

5 agencies shall remain available until expended.

6 PUBLIC BROADCASTING FACILITIES, PLANNING AND

7 CONSTRUCTION

8 For grants authorized by section 392 of the Commu9 nications Act of 1934, as amended, $15,500,000, to re10 main available until expended as authorized by section 391

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

12 $2,200,000 shall be available for program administration

13 as authorized by section 391 of the Act: Provided further,

14 That notwithstanding the provisions of section 391 of the

15 Act, the prior year unobligated balances may be made

16 available for grants for projects for which applications

17 have been submitted and approved during any fiscal year.

18 INFORMATION INFRASTRUCTURE GRANTS

19 For grants authorized by section 392 of the Commu20 nications Act of 1934, as amended, $21,500,000, to re21 main available until expended as authorized by section 391

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

23 $3,000,000 shall be available for program administration

24 and other support activities as authorized by section 391

25 of the Act including support of the Advisory Council on

26 National Information Infrastructure: Provided further,
66

S 1594 RS

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

2 percent may be available for telecommunications research

3 activities for projects related directly to the development

4 of a national information infrastructure: Provided further,

5 That notwithstanding the requirements of section 392(a)

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

7 planning and construction of telecommunications networks

8 for the provision of educational, cultural, health care, pub9 lic information, public safety or other social services.

10 PATENT AND TRADEMARK OFFICE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Patent and Trademark

13 Office provided for by law, including defense of suits insti14 tuted against the Commissioner of Patents and Trade15 marks; $82,324,000, to remain available until expended:

16 Provided, That the funds made available under this head17 ing are to be derived from deposits in the Patent and

18 Trademark Office Fee Surcharge Fund as authorized by

19 law: Provided further, That the amounts made available

20 under the Fund shall not exceed amounts deposited; and

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

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

23 expended.
67

S 1594 RS

1 SCIENCE AND TECHNOLOGY

2 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

3 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

4 For necessary expenses of the National Institute of

5 Standards and Technology, $259,000,000, to remain

6 available until expended, of which not to exceed

7 $8,500,000 may be transferred to the ‘‘Working Capital

8 Fund’’.

9 INDUSTRIAL TECHNOLOGY SERVICES

10 For necessary expenses of the Manufacturing Exten11 sion Partnership of the National Institute of Standards

12 and Technology, $80,000,000, to remain available until

13 expended, of which not to exceed $500,000 may be trans14 ferred to the ‘‘Working Capital Fund’’: Provided, That

15 none of the funds made available under this heading in

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

17 carrying out additional program competitions under the

18 Advanced Technology Program: Provided further, That

19 any unobligated balances available from carryover of prior

20 year appropriations under the Advanced Technology Pro21 gram may be used only for the purposes of providing con22 tinuation grants.

23 CONSTRUCTION OF RESEARCH FACILITIES

24 For construction of new research facilities, including

25 architectural and engineering design, and for renovation

26 of existing facilities, not otherwise provided for the Na-
68

S 1594 RS

1 tional Institute of Standards and Technology, as author2 ized by 15 U.S.C. 278c–278e, $60,000,000, to remain

3 available until expended.

4 NATIONAL OCEANIC AND ATMOSPHERIC

5 ADMINISTRATION

6 OPERATIONS, RESEARCH, AND FACILITIES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of activities authorized by law

9 for the National Oceanic and Atmospheric Administration,

10 including acquisition, maintenance, operation, and hire of

11 aircraft; not to exceed 358 commissioned officers on the

12 active list; grants, contracts, or other payments to non13 profit organizations for the purposes of conducting activi14 ties pursuant to cooperative agreements; and alteration,

15 modernization, and relocation of facilities as authorized by

16 33 U.S.C. 883i; $1,802,677,000, to remain available until

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

18 but consistent with other existing law, fees shall be as19 sessed, collected, and credited to this appropriation as off20 setting collections to be available until expended, to re21 cover the costs of administering aeronautical charting pro22 grams: Provided further, That the sum herein appro23 priated from the general fund shall be reduced as such

24 additional fees are received during fiscal year 1996, so as

25 to result in a final general fund appropriation estimated

26 at not more than $1,799,677,000: Provided further, That
69

S 1594 RS

1 any such additional fees received in excess of $3,000,000

2 in fiscal year 1996 shall not be available for obligation

3 until October 1, 1996: Provided further, That fees and do4 nations received by the National Ocean Service for the

5 management of the national marine sanctuaries may be

6 retained and used for the salaries and expenses associated

7 with those activities, notwithstanding 31 U.S.C. 3302:

8 Provided further, That in addition, $63,000,000 shall be

9 derived by transfer from the fund entitled ‘‘Promote and

10 Develop Fishery Products and Research Pertaining to

11 American Fisheries’’: Provided further, That grants to

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

13 Zone Management Act, as amended, shall not exceed

14 $2,000,000.

15 COASTAL ZONE MANAGEMENT FUND

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

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

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

19 16 U.S.C. 1461(e).

20 CONSTRUCTION

21 For repair and modification of, and additions to, ex22 isting facilities and construction of new facilities, and for

23 facility planning and design and land acquisition not oth24 erwise provided for the National Oceanic and Atmospheric

25 Administration, $50,000,000, to remain available until ex26 pended.
70

S 1594 RS

1 FLEET MODERNIZATION, SHIPBUILDING AND

2 CONVERSION

3 For expenses necessary for the repair, acquisition,

4 leasing, or conversion of vessels, including related equip5 ment to maintain and modernize the existing fleet and to

6 continue planning the modernization of the fleet, for the

7 National Oceanic and Atmospheric Administration,

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

9 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

10 FUND

11 For carrying out the provisions of section 3 of Public

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

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

14 to remain available until expended.

15 FISHERMEN’S CONTINGENCY FUND

16 For carrying out the provisions of title IV of Public

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

18 receipts collected pursuant to that Act, to remain available

19 until expended.

20 FOREIGN FISHING OBSERVER FUND

21 For expenses necessary to carry out the provisions

22 of the Atlantic Tunas Convention Act of 1975, as amend23 ed (Public Law 96–339), the Magnuson Fishery Conserva24 tion and Management Act of 1976, as amended (Public

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

26 (Public Law 96–561), there are appropriated from the
71

S 1594 RS

1 fees imposed under the foreign fishery observer program

2 authorized by these Acts, not to exceed $196,000, to re3 main available until expended.

4 FISHING VESSEL OBLIGATIONS GUARANTEES

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

6 Credit Reform Act of 1990, of guaranteed loans author7 ized by the Merchant Marine Act of 1936, as amended,

8 $250,000: Provided, That none of the funds made avail9 able under this heading may be used to guarantee loans

10 for any new fishing vessel that will increase the harvesting

11 capacity in any United States fishery.

12 TECHNOLOGY ADMINISTRATION

13 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

14 TECHNOLOGY POLICY

15 SALARIES AND EXPENSES

16 For necessary expenses for the Under Secretary for

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

18 GENERAL ADMINISTRATION

19 SALARIES AND EXPENSES

20 For expenses necessary for the general administra21 tion of the Department of Commerce provided for by law,

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

23 $29,100,000.

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector

26 General in carrying out the provisions of the Inspector
72

S 1594 RS

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

2 as amended by Public Law 100–504), $19,849,000.

3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

4 CONSTRUCTION OF RESEARCH FACILITIES

5 (RESCISSION)

6 Of the unobligated balances available under this

7 heading, $75,000,000 are rescinded.

8 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

10 appropriations and funds made available to the Depart11 ment of Commerce by this Act shall be available for the

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

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

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

15 be used for advanced payments not otherwise authorized

16 only upon the certification of officials designated by the

17 Secretary that such payments are in the public interest.

18 SEC. 202. During the current fiscal year, appropria19 tions made available to the Department of Commerce by

20 this Act for salaries and expenses shall be available for

21 hire of passenger motor vehicles as authorized by 31

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

23 3109; and uniforms or allowances therefor, as authorized

24 by law (5 U.S.C. 5901–5902).

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

26 Act may be used to support the hurricane reconnaissance
73

S 1594 RS

1 aircraft and activities that are under the control of the

2 United States Air Force or the United States Air Force

3 Reserve.

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

5 previous Act, or hereinafter made available to the Depart6 ment of Commerce shall be available to reimburse the Un7 employment Trust Fund or any other fund or account of

8 the Treasury to pay for any expenses paid before October

9 1, 1992, as authorized by section 8501 of title 5, United

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

11 by individuals appointed to temporary positions within the

12 Bureau of the Census for purposes relating to the 1990

13 decennial census of population.

14 SEC. 205. Not to exceed 5 percent of any appropria15 tion made available for the current fiscal year for the De16 partment of Commerce in this Act may be transferred be17 tween such appropriations, but no such appropriation shall

18 be increased by more than 10 percent by any such trans19 fers: Provided, That any transfer pursuant to this section

20 shall be treated as a reprogramming of funds under sec21 tion 605 of this Act and shall not be available for obliga22 tion or expenditure except in compliance with the proce23 dures set forth in that section.

24 SEC. 206. (a) Should legislation be enacted to dis25 mantle or reorganize the Department of Commerce, the
74

S 1594 RS

1 Secretary of Commerce, no later than 90 days thereafter,

2 shall submit to the Committees on Appropriations of the

3 House and the Senate a plan for transferring funds pro4 vided in this Act to the appropriate successor organiza5 tions: Provided, That the plan shall include a proposal for

6 transferring or rescinding funds appropriated herein for

7 agencies or programs terminated under such legislation:

8 Provided further, That such plan shall be transmitted in

9 accordance with section 605 of this Act.

10 (b) The Secretary of Commerce or the appropriate

11 head of any successor organization(s) may use any avail12 able funds to carry out legislation dismantling or reor13 ganizing the Department of Commerce to cover the costs

14 of actions relating to the abolishment, reorganization or

15 transfer of functions and any related personnel action, in16 cluding voluntary separation incentives if authorized by

17 such legislation: Provided, That the authority to transfer

18 funds between appropriations accounts that may be nec19 essary to carry out this section is provided in addition to

20 authorities included under section 205 of this Act: Pro21 vided further, That use of funds to carry out this section

22 shall be treated as a reprogramming of funds under sec23 tion 605 of this Act and shall not be available for obliga24 tion or expenditure except in compliance with the proce25 dures set forth in that section.
75

S 1594 RS

1 SEC. 207. None of the funds appropriated under this

2 Act or any other law shall be used to implement sub3 sections (a), (b), (c), (e), (g), or (i) of section 4 of the

4 Endangered Species Act of 1973 (16 U.S.C. 1533), until

5 such time as legislation reauthorizing the Act is enacted

6 or until the end of fiscal year 1996, whichever is earlier,

7 except that monies appropriated under this Act may be

8 used to delist or reclassify species pursuant to subsections

9 4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.

10 SEC. 208. Notwithstanding any other provision of law

11 (including any regulation and including the Public Works

12 and Economic Development Act of 1965), the transfer of

13 title to the Rutland City Industrial Complex to Hilinex,

14 Vermont (as related to Economic Development Adminis15 tration Project Number 01–11–01742) shall not require

16 compensation to the Federal Government for the fair

17 share of the Federal Government of that real property.

18 SEC. 209. (a) IN GENERAL.—The Secretary of Com19 merce, acting through the Assistant Secretary for Eco20 nomic Development of the Department of Commerce,

21 shall—

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

23 the demolition of the structures on, and the cleanup

24 and environmental remediation on, the parcel of land

25 described in subsection (b);
76

S 1594 RS

1 (2) not later than March 31, 1996, complete

2 the demolition, cleanup, and environmental remedi3 ation under paragraph (1); and

4 (3) not later than April 1, 1996, convey the

5 parcel of land described in subsection (b), in accord6 ance with the requirements of section 120(h) of the

7 Comprehensive Environmental Response, Compensa8 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)),

9 to the Tuscaloosa County Industrial Development

10 Authority, on receipt of payment of the fair market

11 value for the parcel by the Authority, as agreed on

12 by the Secretary and the Authority.

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

14 in subsection (a) is the parcel of land consisting of ap15 proximately 41 acres in Holt, Alabama (in Tuscaloosa

16 County), that is generally known as the ‘‘Central Foundry

17 Property’’, as depicted on a map, and as described in a

18 legal description, that the Secretary, acting through the

19 Assistant Secretary for Economic Development, deter20 mines to be satisfactory.

21 SEC. 210. Any costs incurred by a Department or

22 agency funded under this title resulting from personnel

23 actions taken in response to funding reductions included

24 in this title shall be absorbed within the total budgetary

25 resources available to such Department or agency: Pro-
77

S 1594 RS

1 vided, That the authority to transfer funds between appro2 priations accounts as may be necessary to carry out this

3 provision is provided in addition to authorities included

4 elsewhere in this Act: Provided further, That use of funds

5 to carry out this section shall be treated as a

6 reprogramming of funds under section 605 of this Act and

7 shall not be available for obligation or expenditure except

8 in compliance with the procedures set forth in that section.

9 This title may be cited as the ‘‘Department of Com10 merce and Related Agencies Appropriations Act, 1996’’.

11 TITLE III—THE JUDICIARY

12 SUPREME COURT OF THE UNITED STATES

13 SALARIES AND EXPENSES

14 For expenses necessary for the operation of the Su15 preme Court, as required by law, excluding care of the

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

17 maintenance and operation of an automobile for the Chief

18 Justice, not to exceed $10,000 for the purpose of trans19 porting Associate Justices, and hire of passenger motor

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

21 to exceed $10,000 for official reception and representation

22 expenses; and for miscellaneous expenses, to be expended

23 as the Chief Justice may approve, $25,834,000.

24 CARE OF THE BUILDING AND GROUNDS

25 For such expenditures as may be necessary to enable

26 the Architect of the Capitol to carry out the duties im-
78

S 1594 RS

1 posed upon him by the Act approved May 7, 1934 (40

2 U.S.C. 13a–13b), $3,313,000, of which $500,000 shall re3 main available until expended.

4 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

5 CIRCUIT

6 SALARIES AND EXPENSES

7 For salaries of the chief judge, judges, and other offi8 cers and employees, and for necessary expenses of the

9 court, as authorized by law, $14,288,000.

10 UNITED STATES COURT OF INTERNATIONAL TRADE

11 SALARIES AND EXPENSES

12 For salaries of the chief judge and eight judges, sala13 ries of the officers and employees of the court, services

14 as authorized by 5 U.S.C. 3109, and necessary expenses

15 of the court, as authorized by law, $10,859,000.

16 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

17 JUDICIAL SERVICES

18 SALARIES AND EXPENSES

19 For the salaries of circuit and district judges (includ20 ing judges of the territorial courts of the United States),

21 justices and judges retired from office or from regular ac22 tive service, judges of the United States Court of Federal

23 Claims, bankruptcy judges, magistrate judges, and all

24 other officers and employees of the Federal Judiciary not

25 otherwise specifically provided for, and necessary expenses
79

S 1594 RS

1 of the courts, as authorized by law, $2,433,141,000 (in2 cluding the purchase of firearms and ammunition); of

3 which not to exceed $13,454,000 shall remain available

4 until expended for space alteration projects; of which not

5 to exceed $10,000,000 shall remain available until ex6 pended for furniture and furnishings related to new space

7 alteration and construction projects; and of which

8 $500,000 is to remain available until expended for acquisi9 tion of books, periodicals, and newspapers, and all other

10 legal reference materials, including subscriptions.

11 In addition, for expenses of the United States Court

12 of Federal Claims associated with processing cases under

13 the National Childhood Vaccine Injury Act of 1986, not

14 to exceed $2,318,000, to be appropriated from the Vaccine

15 Injury Compensation Trust Fund.

16 VIOLENT CRIME REDUCTION PROGRAMS

17 For activities of the Federal Judiciary as authorized

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

19 which shall be derived from the Violent Crime Reduction

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

21 Law 103–322.

22 DEFENDER SERVICES

23 For the operation of Federal Public Defender and

24 Community Defender organizations, the compensation and

25 reimbursement of expenses of attorneys appointed to rep26 resent persons under the Criminal Justice Act of 1964,
80

S 1594 RS

1 as amended, the compensation and reimbursement of ex2 penses of persons furnishing investigative, expert and

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

4 3006A(e)), the compensation (in accordance with Criminal

5 Justice Act maximums) and reimbursement of expenses

6 of attorneys appointed to assist the court in criminal cases

7 where the defendant has waived representation by counsel,

8 the compensation and reimbursement of travel expenses

9 of guardians ad litem acting on behalf of financially eligi10 ble minor or incompetent offenders in connection with

11 transfers from the United States to foreign countries with

12 which the United States has a treaty for the execution

13 of penal sentences, and the compensation of attorneys ap14 pointed to represent jurors in civil actions for the protec15 tion of their employment, as authorized by 28 U.S.C.

16 1875(d), $267,217,000, to remain available until ex17 pended as authorized by 18 U.S.C. 3006A(i): Provided,

18 That none of the funds provided in this Act shall be avail19 able for Death Penalty Resource Centers or Post-Convic20 tion Defender Organizations after April 1, 1996.

21 FEES OF JURORS AND COMMISSIONERS

22 For fees and expenses of jurors as authorized by 28

23 U.S.C. 1871 and 1876; compensation of jury commis24 sioners as authorized by 28 U.S.C. 1863; and compensa25 tion of commissioners appointed in condemnation cases

26 pursuant to rule 71A(h) of the Federal Rules of Civil Pro-
81

S 1594 RS

1 cedure (28 U.S.C. Appendix Rule 71A(h)); $59,028,000,

2 to remain available until expended: Provided, That the

3 compensation of land commissioners shall not exceed the

4 daily equivalent of the highest rate payable under section

5 5332 of title 5, United States Code.

6 COURT SECURITY

7 For necessary expenses, not otherwise provided for,

8 incident to the procurement, installation, and maintenance

9 of security equipment and protective services for the Unit10 ed States Courts in courtrooms and adjacent areas, in11 cluding building ingress-egress control, inspection of pack12 ages, directed security patrols, and other similar activities

13 as authorized by section 1010 of the Judicial Improvement

14 and Access to Justice Act (Public Law 100–702);

15 $102,000,000, to be expended directly or transferred to

16 the United States Marshals Service which shall be respon17 sible for administering elements of the Judicial Security

18 Program consistent with standards or guidelines agreed

19 to by the Director of the Administrative Office of the Unit20 ed States Courts and the Attorney General.

21 ADMINISTRATIVE OFFICE OF THE UNITED STATES

22 COURTS

23 SALARIES AND EXPENSES

24 For necessary expenses of the Administrative Office

25 of the United States Courts as authorized by law, includ26 ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
82

S 1594 RS

1 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

2 advertising and rent in the District of Columbia and else3 where, $47,500,000, of which not to exceed $7,500 is au4 thorized for official reception and representation expenses.

5 FEDERAL JUDICIAL CENTER

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Judicial Cen8 ter, as authorized by Public Law 90–219, $17,914,000;

9 of which $1,800,000 shall remain available through Sep10 tember 30, 1997, to provide education and training to

11 Federal court personnel; and of which not to exceed

12 $1,000 is authorized for official reception and representa13 tion expenses.

14 JUDICIAL RETIREMENT FUNDS

15 PAYMENT TO JUDICIARY TRUST FUNDS

16 For payment to the Judicial Officers’ Retirement

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

18 to the Judicial Survivors’ Annuities Fund, as authorized

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

20 States Court of Federal Claims Judges’ Retirement Fund,

21 as authorized by 28 U.S.C. 178(l), $1,900,000.

22 UNITED STATES SENTENCING COMMISSION

23 SALARIES AND EXPENSES

24 For the salaries and expenses necessary to carry out

25 the provisions of chapter 58 of title 28, United States
83

S 1594 RS

1 Code, $8,500,000, of which not to exceed $1,000 is au2 thorized for official reception and representation expenses.

3 GENERAL PROVISIONS—THE JUDICIARY

4 SEC. 301. Appropriations and authorizations made in

5 this title which are available for salaries and expenses shall

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

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

8 available for salaries and expenses of the Special Court

9 established under the Regional Rail Reorganization Act of

10 1973, Public Law 93–236.

11 SEC. 303. Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for the Judi13 ciary in this Act may be transferred between such appro14 priations, but no such appropriation, except ‘‘Courts of

15 Appeals, District Courts, and other Judicial Services, De16 fender Services’’, shall be increased by more than 10 per17 cent by any such transfers: Provided, That any transfer

18 pursuant to this section shall be treated as a

19 reprogramming of funds under section 605 of this Act and

20 shall not be available for obligation or expenditure except

21 in compliance with the procedures set forth in that section.

22 SEC. 304. Notwithstanding any other provision of

23 law, the salaries and expenses appropriation for district

24 courts, courts of appeals, and other judicial services shall

25 be available for official reception and representation ex-
84

S 1594 RS

1 penses of the Judicial Conference of the United States:

2 Provided, That such available funds shall not exceed

3 $10,000 and shall be administered by the Director of the

4 Administrative Office of the United States Courts in his

5 capacity as Secretary of the Judicial Conference.

6 SEC. 305. Section 333 of title 28, United States

7 Code, is amended—

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

9 the first, second, and fourth place it appears and in10 serting ‘‘may’’; and

11 (2) in the second paragraph—

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

13 appears and inserting ‘‘may’’; and

14 (B) by striking ‘‘, and unless excused by

15 the chief judge, shall remain throughout the

16 conference’’.

17 This title may be cited as ‘‘The Judiciary Appropria18 tions Act, 1996’’.

19 TITLE IV—DEPARTMENT OF STATE AND

20 RELATED AGENCIES

21 DEPARTMENT OF STATE

22 ADMINISTRATION OF FOREIGN AFFAIRS

23 DIPLOMATIC AND CONSULAR PROGRAMS

24 For necessary expenses of the Department of State

25 and the Foreign Service not otherwise provided for, includ-
85

S 1594 RS

1 ing expenses authorized by the State Department Basic

2 Authorities Act of 1956, as amended; representation to

3 certain international organizations in which the United

4 States participates pursuant to treaties, ratified pursuant

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

6 of Congress; acquisition by exchange or purchase of pas7 senger motor vehicles as authorized by 31 U.S.C. 1343,

8 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

9 of general administration, $1,708,800,000: Provided, That

10 notwithstanding section 140(a)(5), and the second sen11 tence of section 140(a)(3) of the Foreign Relations Au12 thorization Act, Fiscal Years 1994 and 1995 (Public Law

13 103–236), not to exceed $125,000,000 of fees may be col14 lected during fiscal year 1996 under the authority of sec15 tion 140(a)(1) of that Act: Provided further, That all fees

16 collected under the preceding proviso shall be deposited

17 in fiscal year 1996 as an offsetting collection to appropria18 tions made under this heading to recover the costs of pro19 viding consular services and shall remain available until

20 expended: Provided further, That starting in fiscal year

21 1997, a system shall be in place that allocates to each

22 department and agency the full cost of its presence outside

23 of the United States.

24 Of the funds provided under this heading,

25 $24,856,000 shall be available only for the Diplomatic
86

S 1594 RS

1 Telecommunications Service for operation of existing base

2 services and not to exceed $17,144,000 shall be available

3 only for the enhancement of the Diplomatic Telecommuni4 cations Service and shall remain available until expended.

5 Of the latter amount, $9,600,000 shall not be made avail6 able until expiration of the 15 day period beginning on

7 the date when the Secretary of State and the Director of

8 the Diplomatic Telecommunications Service submit the

9 pilot program report required by section 507 of Public

10 Law 103–317.

11 In addition, not to exceed $700,000 in registration

12 fees collected pursuant to section 38 of the Arms Export

13 Control Act, as amended, may be used in accordance with

14 section 45 of the State Department Basic Authorities Act

15 of 1956, 22 U.S.C. 2717; and in addition not to exceed

16 $1,223,000 shall be derived from fees from other executive

17 agencies for lease or use of facilities located at the Inter18 national Center in accordance with section 4 of the Inter19 national Center Act (Public Law 90–553, as amended by

20 section 120 of Public Law 101–246); and in addition not

21 to exceed $15,000 which shall be derived from reimburse22 ments, surcharges, and fees for use of Blair House facili23 ties in accordance with section 46 of the State of Depart24 ment Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
87

S 1594 RS

1 Notwithstanding section 402 of this Act, not to ex2 ceed 20 percent of the amounts made available in this Act

3 in the appropriation accounts, ‘‘Diplomatic and Consular

4 Programs’’ and ‘‘Salaries and Expenses’’ under the head5 ing ‘‘Administration of Foreign Affairs’’ may be trans6 ferred between such appropriation accounts: Provided,

7 That any transfer pursuant to this section shall be treated

8 as a reprogramming of funds under section 605 of this

9 Act and shall not be available for obligation or expenditure

10 except in compliance with the procedures set forth in that

11 section.

12 For an additional amount for security enhancements

13 to counter the threat of terrorism, $9,720,000, to remain

14 available until expended.

15 SALARIES AND EXPENSES

16 For expenses necessary for the general administra17 tion of the Department of State and the Foreign Service,

18 provided for by law, including expenses authorized by sec19 tion 9 of the Act of August 31, 1964, as amended (31

20 U.S.C. 3721), and the State Department Basic Authori21 ties Act of 1956, as amended, $363,276,000.

22 For an additional amount for security enhancements

23 to counter the threat of terrorism, $1,870,000, to remain

24 available until expended.
88

S 1594 RS

1 CAPITAL INVESTMENT FUND

2 For necessary expenses of the Capital Investment

3 Fund, $16,400,000, to remain available until expended,

4 as authorized in Public Law 103–236: Provided, That sec5 tion 135(e) of Public Law 103–236 shall not apply to

6 funds appropriated under this heading.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended (5 U.S.C. App.),

11 $27,369,000, notwithstanding section 209(a)(1) of the

12 Foreign Service Act of 1980 (Public Law 96–465), as it

13 relates to post inspections: Provided, That notwithstand14 ing any other provision of law, (1) the Office of the Inspec15 tor General of the United States Information Agency is

16 hereby merged with the Office of the Inspector General

17 of the Department of State; (2) the functions exercised

18 and assigned to the Office of the Inspector General of the

19 United States Information Agency before the effective

20 date of this Act (including all related functions) are trans21 ferred to the Office of the Inspector General of the De22 partment of State; and (3) the Inspector General of the

23 Department of State shall also serve as the Inspector Gen24 eral of the United States Information Agency.
89

S 1594 RS

1 REPRESENTATION ALLOWANCES

2 For representation allowances as authorized by sec3 tion 905 of the Foreign Service Act of 1980, as amended

4 (22 U.S.C. 4085), $4,500,000.

5 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

6 For expenses, not otherwise provided, to enable the

7 Secretary of State to provide for extraordinary protective

8 services in accordance with the provisions of section 214

9 of the State Department Basic Authorities Act of 1956

10 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.

11 SECURITY AND MAINTENANCE OF UNITED STATES

12 MISSIONS

13 For necessary expenses for carrying out the Foreign

14 Service Buildings Act of 1926, as amended (22 U.S.C.

15 292–300), and the Diplomatic Security Construction Pro16 gram as authorized by title IV of the Omnibus Diplomatic

17 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

18 $385,760,000, to remain available until expended as au19 thorized by 22 U.S.C. 2696(c): Provided, That none of the

20 funds appropriated in this paragraph shall be available for

21 acquisition of furniture and furnishings and generators for

22 other departments and agencies.

23 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

24 SERVICE

25 For expenses necessary to enable the Secretary of

26 State to meet unforeseen emergencies arising in the Diplo-
90

S 1594 RS

1 matic and Consular Service pursuant to the requirement

2 of 31 U.S.C. 3526(e), $6,000,000, to remain available

3 until expended as authorized by 22 U.S.C. 2696(c), of

4 which not to exceed $1,000,000 may be transferred to and

5 merged with the Repatriation Loans Program Account,

6 subject to the same terms and conditions.

7 REPATRIATION LOANS PROGRAM ACCOUNT

8 For the cost of direct loans, $593,000, as authorized

9 by 22 U.S.C. 2671: Provided, That such costs, including

10 the cost of modifying such loans, shall be as defined in

11 section 502 of the Congressional Budget Act of 1974. In

12 addition, for administrative expenses necessary to carry

13 out the direct loan program, $183,000 which may be

14 transferred to and merged with the Salaries and Expenses

15 account under Administration of Foreign Affairs.

16 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

17 For necessary expenses to carry out the Taiwan Rela18 tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.

19 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

20 DISABILITY FUND

21 For payment to the Foreign Service Retirement and

22 Disability Fund, as authorized by law, $125,402,000.

23 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

24 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

25 For expenses, not otherwise provided for, necessary

26 to meet annual obligations of membership in international
91

S 1594 RS

1 multilateral organizations, pursuant to treaties ratified

2 pursuant to the advice and consent of the Senate, conven3 tions or specific Acts of Congress, $700,000,000: Pro4 vided, That any payment of arrearages shall be directed

5 toward special activities that are mutually agreed upon by

6 the United States and the respective international organi7 zation: Provided further, That 20 percent of the funds ap8 propriated in this paragraph for the assessed contribution

9 of the United States to the United Nations shall be with10 held from obligation and expenditure until a certification

11 is made under section 401(b) of Public Law 103–236 for

12 fiscal year 1996: Provided further, That certification under

13 section 401(b) of Public Law 103–236 for fiscal year 1996

14 may only be made if the Committees on Appropriations

15 and Foreign Relations of the Senate and the Committees

16 on Appropriations and International Relations of the

17 House of Representatives are notified of the steps taken,

18 and anticipated, to meet the requirements of section

19 401(b) of Public Law 103–236 at least 15 days in advance

20 of the proposed certification: Provided further, That none

21 of the funds appropriated in this paragraph shall be avail22 able for a United States contribution to an international

23 organization for the United States share of interest costs

24 made known to the United States Government by such
92

S 1594 RS

1 organization for loans incurred on or after October 1,

2 1984, through external borrowings.

3 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

4 ACTIVITIES

5 For necessary expenses to pay assessed and other ex6 penses of international peacekeeping activities directed to

7 the maintenance or restoration of international peace and

8 security, $225,000,000: Provided, That none of the funds

9 made available under this Act shall be obligated or ex10 pended for any new or expanded United Nations peace11 keeping mission unless, at least fifteen days in advance

12 of voting for the new or expanded mission in the United

13 Nations Security Council (or in an emergency, as far in

14 advance as is practicable), (1) the Committees on Appro15 priations of the House of Representatives and the Senate

16 and other appropriate Committees of the Congress are no17 tified of the estimated cost and length of the mission, the

18 vital national interest that will be served, and the planned

19 exit strategy; and (2) a reprogramming of funds pursuant

20 to section 605 of this Act is submitted, and the procedures

21 therein followed, setting forth the source of funds that will

22 be used to pay for the cost of the new or expanded mission:

23 Provided further, That funds shall be available for peace24 keeping expenses only upon a certification by the Sec25 retary of State to the appropriate committees of the Con26 gress that American manufacturers and suppliers are
93

S 1594 RS

1 being given opportunities to provide equipment, services

2 and material for United Nations peacekeeping activities

3 equal to those being given to foreign manufacturers and

4 suppliers.

5 INTERNATIONAL CONFERENCES AND CONTINGENCIES

6 For necessary expenses authorized by section 5 of the

7 State Department Basic Authorities Act of 1956, in addi8 tion to funds otherwise available for these purposes, con9 tributions for the United States share of general expenses

10 of international organizations and conferences and rep11 resentation to such organizations and conferences as pro12 vided for by 22 U.S.C. 2656 and 2672 and personal serv13 ices without regard to civil service and classification laws

14 as authorized by 5 U.S.C. 5102, $3,000,000, to remain

15 available until expended as authorized by 22 U.S.C.

16 2696(c), of which not to exceed $200,000 may be ex17 pended for representation as authorized by 22 U.S.C.

18 4085.

19 INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided for,

21 to meet obligations of the United States arising under

22 treaties, or specific Acts of Congress, as follows:

23 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

24 UNITED STATES AND MEXICO

25 For necessary expenses for the United States Section

26 of the International Boundary and Water Commission,
94

S 1594 RS

1 United States and Mexico, and to comply with laws appli2 cable to the United States Section, including not to exceed

3 $6,000 for representation; as follows:

4 SALARIES AND EXPENSES

5 For salaries and expenses, not otherwise provided for,

6 $12,058,000.

7 CONSTRUCTION

8 For detailed plan preparation and construction of au9 thorized projects, $6,644,000, to remain available until ex10 pended as authorized by 22 U.S.C. 2696(c).

11 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

12 For necessary expenses, not otherwise provided for

13 the International Joint Commission and the International

14 Boundary Commission, United States and Canada, as au15 thorized by treaties between the United States and Can16 ada or Great Britain, and for the Border Environment

17 Cooperation Commission as authorized by Public Law

18 103–182; $5,800,000, of which not to exceed $9,000 shall

19 be available for representation expenses incurred by the

20 International Joint Commission.

21 INTERNATIONAL FISHERIES COMMISSIONS

22 For necessary expenses for international fisheries

23 commissions, not otherwise provided for, as authorized by

24 law, $14,669,000: Provided, That the United States share

25 of such expenses may be advanced to the respective com26 missions, pursuant to 31 U.S.C. 3324.
95

S 1594 RS

1 OTHER

2 PAYMENT TO THE ASIA FOUNDATION

3 For a grant to the Asia Foundation, as authorized

4 by section 501 of Public Law 101–246, $5,000,000, to

5 remain available until expended as authorized by 22

6 U.S.C. 2696(c).

7 RELATED AGENCIES

8 ARMS CONTROL AND DISARMAMENT AGENCY

9 ARMS CONTROL AND DISARMAMENT ACTIVITIES

10 For necessary expenses not otherwise provided, for

11 arms control, nonproliferation, and disarmament activi12 ties, $35,700,000, of which not to exceed $50,000 shall

13 be for official reception and representation expenses as au14 thorized by the Act of September 26, 1961, as amended

15 (22 U.S.C. 2551 et seq.).

16 UNITED STATES INFORMATION AGENCY

17 SALARIES AND EXPENSES

18 For expenses, not otherwise provided for, necessary

19 to enable the United States Information Agency, as au20 thorized by the Mutual Educational and Cultural Ex21 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

22 the United States Information and Educational Exchange

23 Act of 1948, as amended (22 U.S.C. 1431 et seq.) and

24 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

25 carry out international communication, educational and
96

S 1594 RS

1 cultural activities; and to carry out related activities au2 thorized by law, including employment, without regard to

3 civil service and classification laws, of persons on a tem4 porary basis (not to exceed $700,000 of this appropria5 tion), as authorized by 22 U.S.C. 1471, and entertain6 ment, including official receptions, within the United

7 States, not to exceed $25,000 as authorized by 22 U.S.C.

8 1474(3); $445,645,000: Provided, That not to exceed

9 $1,400,000 may be used for representation abroad as au10 thorized by 22 U.S.C. 1452 and 4085: Provided further,

11 That not to exceed $7,615,000 to remain available until

12 expended, may be credited to this appropriation from fees

13 or other payments received from or in connection with

14 English teaching, library, motion pictures, and publication

15 programs as authorized by section 810 of the United

16 States Information and Educational Exchange Act of

17 1948, as amended: Provided further, That not to exceed

18 $1,700,000 to remain available until expended may be

19 used to carry out projects involving security construction

20 and related improvements for agency facilities not phys21 ically located together with Department of State facilities

22 abroad.

23 TECHNOLOGY FUND

24 For expenses necessary to enable the United States

25 Information Agency to provide for the procurement of in26 formation technology improvements, as authorized by the
97

S 1594 RS

1 United States Information and Educational Exchange Act

2 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

3 Educational and Cultural Exchange Act of 1961, as

4 amended (22 U.S.C. 2451 et seq.), and Reorganization

5 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re6 main available until expended.

7 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

8 For expenses of educational and cultural exchange

9 programs, as authorized by the Mutual Educational and

10 Cultural Exchange Act of 1961, as amended (22 U.S.C.

11 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

12 Stat. 1636), $200,000,000, to remain available until ex13 pended as authorized by 22 U.S.C. 2455: Provided, That

14 $1,800,000 of this amount shall be available for the Mike

15 Mansfield Fellowship Program as authorized by section

16 252 of Public Law 103–236.

17 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

18 FUND

19 For necessary expenses of Eisenhower Exchange Fel20 lowships, Incorporated, as authorized by sections 4 and

21 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

22 U.S.C. 5204–05), all interest and earnings accruing to the

23 Eisenhower Exchange Fellowship Program Trust Fund on

24 or before September 30, 1996, to remain available until

25 expended: Provided, That none of the funds appropriated

26 herein shall be used to pay any salary or other compensa-
98

S 1594 RS

1 tion, or to enter into any contract providing for the pay2 ment thereof, in excess of the rate authorized by 5 U.S.C.

3 5376; or for purposes which are not in accordance with

4 OMB Circulars A–110 (Uniform Administrative Require5 ments) and A–122 (Cost Principles for Non-profit Organi6 zations), including the restrictions on compensation for

7 personal services.

8 ISRAELI ARAB SCHOLARSHIP PROGRAM

9 For necessary expenses of the Israeli Arab Scholar10 ship Program as authorized by section 214 of the Foreign

11 Relations Authorization Act, Fiscal Years 1992 and 1993

12 (22 U.S.C. 2452), all interest and earnings accruing to

13 the Israeli Arab Scholarship Fund on or before September

14 30, 1996, to remain available until expended.

15 AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND

16 For necessary expenses of American Studies Collec17 tions as authorized by section 235 of the Foreign Rela18 tions Authorization Act, Fiscal Years 1994 and 1995, all

19 interest and earnings accruing to the American Studies

20 Collections Endowment Fund on or before September 30,

21 1996, to remain available until expended.

22 INTERNATIONAL BROADCASTING OPERATIONS

23 For expenses necessary to enable the United States

24 Information Agency, as authorized by the United States

25 Information and Educational Exchange Act of 1948, as

26 amended, the United States International Broadcasting
99

S 1594 RS

1 Act of 1994, as amended, and Reorganization Plan No.

2 2 of 1977, to carry out international communication ac3 tivities; $325,191,000, of which $5,000,000 shall remain

4 available until expended, not to exceed $16,000 may be

5 used for official receptions within the United States as au6 thorized by 22 U.S.C. 1474(3), not to exceed $35,000 may

7 be used for representation abroad as authorized by 22

8 U.S.C. 1452 and 4085, and not to exceed $39,000 may

9 be used for official reception and representation expenses

10 of Radio Free Europe/Radio Liberty; and in addition, not

11 to exceed $250,000 from fees as authorized by section 810

12 of the United States Information and Educational Ex13 change Act of 1948, as amended, to remain available until

14 expended for carrying out authorized purposes; and in ad15 dition, notwithstanding any other provision of law, not to

16 exceed $1,000,000 in monies received (including receipts

17 from advertising, if any) by or for the use of the United

18 States Information Agency from or in connection with

19 broadcasting resources owned by or on behalf of the Agen20 cy, to be available until expended for carrying out author21 ized purposes.

22 BROADCASTING TO CUBA

23 For expenses necessary to enable the United States

24 Information Agency to carry out the Radio Broadcasting

25 to Cuba Act, as amended, the Television Broadcasting to

26 Cuba Act, and the International Broadcasting Act of
100

S 1594 RS

1 1994, including the purchase, rent, construction, and im2 provement of facilities for radio and television trans3 mission and reception, and purchase and installation of

4 necessary equipment for radio and television transmission

5 and reception, $24,809,000 to remain available until ex6 pended: Provided, That not later than April 1, 1996, the

7 headquarters of the Office of Cuba Broadcasting shall be

8 relocated from Washington, D.C. to south Florida, and

9 that any funds available under the headings ‘‘Inter10 national Broadcasting Operations’’, ‘‘Broadcasting to

11 Cuba’’, and ‘‘Radio Construction’’ may be available to

12 carry out this relocation.

13 RADIO CONSTRUCTION

14 For an additional amount for the purchase, rent, con15 struction, and improvement of facilities for radio trans16 mission and reception and purchase and installation of

17 necessary equipment for radio and television transmission

18 and reception as authorized by 22 U.S.C. 1471,

19 $40,000,000, to remain available until expended as au20 thorized by 22 U.S.C. 1477b(a).

21 EAST-WEST CENTER

22 To enable the Director of the United States Informa23 tion Agency to provide for carrying out the provisions of

24 the Center for Cultural and Technical Interchange Be25 tween East and West Act of 1960 (22 U.S.C. 2054–2057),

26 by grant to the Center for Cultural and Technical Inter-
101

S 1594 RS

1 change Between East and West in the State of Hawaii,

2 $11,750,000: Provided, That none of the funds appro3 priated herein shall be used to pay any salary, or enter

4 into any contract providing for the payment thereof, in

5 excess of the rate authorized by 5 U.S.C. 5376.

6 NORTH/SOUTH CENTER

7 To enable the Director of the United States Informa8 tion Agency to provide for carrying out the provisions of

9 the North/South Center Act of 1991 (22 U.S.C. 2075),

10 by grant to an educational institution in Florida known

11 as the North/South Center, $2,000,000, to remain avail12 able until expended.

13 NATIONAL ENDOWMENT FOR DEMOCRACY

14 For grants made by the United States Information

15 Agency to the National Endowment for Democracy as au16 thorized by the National Endowment for Democracy Act,

17 $30,000,000, to remain available until expended.

18 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

19 RELATED AGENCIES

20 SEC. 401. Funds appropriated under this title shall

21 be available, except as otherwise provided, for allowances

22 and differentials as authorized by subchapter 59 of 5

23 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

24 hire of passenger transportation pursuant to 31 U.S.C.

25 1343(b).
102

S 1594 RS

1 SEC. 402. Not to exceed 5 percent of any appropria2 tion made available for the current fiscal year for the De3 partment of State in this Act may be transferred between

4 such appropriations, but no such appropriation, except as

5 otherwise specifically provided, shall be increased by more

6 than 10 percent by any such transfers: Provided, That not

7 to exceed 5 percent of any appropriation made available

8 for the current fiscal year for the United States Informa9 tion Agency in this Act may be transferred between such

10 appropriations, but no such appropriation, except as oth11 erwise specifically provided, shall be increased by more

12 than 10 percent by any such transfers: Provided further,

13 That any transfer pursuant to this section shall be treated

14 as a reprogramming of funds under section 605 of this

15 Act and shall not be available for obligation or expenditure

16 except in compliance with the procedures set forth in that

17 section.

18 SEC. 403. Funds appropriated or otherwise made

19 available under this Act or any other Act may be expended

20 for compensation of the United States Commissioner of

21 the International Boundary Commission, United States

22 and Canada, only for actual hours worked by such Com23 missioner.

24 SEC. 404. (a) No later than 90 days after enactment

25 of legislation consolidating, reorganizing or downsizing the
103

S 1594 RS

1 functions of the Department of State, the United States

2 Information Agency, and the Arms Control and Disar3 mament Agency, the Secretary of State, the Director of

4 the United States Information Agency and the Director

5 of the Arms Control and Disarmament Agency shall sub6 mit to the Committees on Appropriations of the House

7 and the Senate a proposal for transferring or rescinding

8 funds appropriated herein for functions that are consoli9 dated, reorganized or downsized under such legislation:

10 Provided, That such plan shall be transmitted in accord11 ance with section 605 of this Act.

12 (b) The Secretary of State, the Director of the United

13 States Information Agency, and the Director of the Arms

14 Control and Disarmament Agency, as appropriate, may

15 use any available funds to cover the costs of actions to

16 consolidate, reorganize or downsize the functions under

17 their authority required by such legislation, and of any

18 related personnel action, including voluntary separation

19 incentives if authorized by such legislation: Provided, That

20 the authority to transfer funds between appropriations ac21 counts that may be necessary to carry out this section is

22 provided in addition to authorities included under section

23 402 of this Act: Provided further, That use of funds to

24 carry out this section shall be treated as a reprogramming

25 of funds under section 605 of this Act and shall not be
104

S 1594 RS

1 available for obligation or expenditure except in compli2 ance with the procedures set forth in that section.

3 SEC. 405. Funds appropriated by this Act for the

4 United States Information Agency, the Arms Control and

5 Disarmament Agency, and the Department of State may

6 be obligated and expended notwithstanding section 701 of

7 the United States Information and Educational Exchange

8 Act of 1948 and section 313 of the Foreign Relations Au9 thorization Act, Fiscal Years 1994 and 1995, section 53

10 of the Arms Control and Disarmament Act, and section

11 15 of the State Department Basic Authorities Act of

12 1956.

13 SEC. 406. Section 36(a)(1) of the State Department

14 Authorities Act of 1956, as amended (22 U.S.C. 2708),

15 is amended to delete ‘‘may pay a reward’’ and insert in

16 lieu thereof ‘‘shall establish and publicize a program under

17 which rewards may be paid’’.

18 SEC. 407. Section 8 of the Eisenhower Exchange Fel19 lowship Act of 1990 is amended in the last sentence by

20 striking ‘‘fiscal year 1995’’ and inserting ‘‘fiscal year

21 1999’’.

22 SEC. 408. Sections 6(a) and 6(b) of Public Law 101–

23 454 are repealed. In addition, notwithstanding any other

24 provision of law, Eisenhower Exchange Fellowships, Incor25 porated, may use one-third of any earned but unused trust
105

S 1594 RS

1 income from the period 1992 through 1995 for Fellowship

2 purposes in each of fiscal years 1996–1998.

3 SEC. 409. It is the sense of the Senate that none of

4 the funds appropriated or otherwise made available pursu5 ant to this Act should be used for the deployment of com6 bat-equipped forces of the Armed Forces of the United

7 States for any ground operations in Bosnia and

8 Herzegovina unless—

9 (1) Congress approves in advance the deploy10 ment of such forces of the Armed Forces; or

11 (2) the temporary deployment of such forces of

12 the Armed Forces of the United States into Bosnia

13 and Herzegovina is necessary to evacuate United

14 Nations peacekeeping forces from a situation of im15 minent danger, to undertake emergency air rescue

16 operations, or to provide for the airborne delivery of

17 humanitarian supplies, and the President reports as

18 soon as practicable to Congress after the initiation

19 of the temporary deployment, but in no case later

20 than 48 hours after the initiation of the deployment.

21 SEC. 410. Any costs incurred by a Department or

22 agency funded under this title resulting from personnel

23 actions taken in response to funding reductions included

24 in this title shall be absorbed within the total budgetary

25 resources available to such Department or agency: Pro-
106

S 1594 RS

1 vided, That the authority to transfer funds between appro2 priations accounts as may be necessary to carry out this

3 provision is provided in addition to authorities included

4 elsewhere in this Act: Provided further, That use of funds

5 to carry out this section shall be treated as a

6 reprogramming of funds under section 605 of this Act and

7 shall not be available for obligation or expenditure except

8 in compliance with the procedures set forth in that section.

9 This title may be cited as the ‘‘Department of State

10 and Related Agencies Appropriations Act, 1996’’.

11 TITLE V—RELATED AGENCIES

12 DEPARTMENT OF TRANSPORTATION

13 MARTIME ADMINISTRATION

14 OPERATING-DIFFERENTIAL SUBSIDIES

15 (LIQUIDATION OF CONTRACT AUTHORITY)

16 For the payment of obligations incurred for operat17 ing-differential subsidies as authorized by the Merchant

18 Marine Act, 1936, as amended, $162,610,000, to remain

19 available until expended.

20 MARITIME NATIONAL SECURITY PROGRAM

21 For necessary expenses to maintain and preserve a

22 U.S.-flag merchant fleet to serve the national security

23 needs of the United States as determined by the Secretary

24 of Defense in consultation with the Secretary of Transpor25 tation, $46,000,000, to remain available until expended:
107

S 1594 RS

1 Provided, That these funds will be available only upon en2 actment of an authorization for this program.

3 OPERATIONS AND TRAINING

4 For necessary expenses of operations and training ac5 tivities authorized by law, $66,600,000, to remain avail6 able until expended: Provided, That notwithstanding any

7 other provision of law, the Secretary of Transportation

8 may use proceeds derived from the sale or disposal of Na9 tional Defense Reserve Fleet vessels that are currently col10 lected and retained by the Maritime Administration, to be

11 used for facility and ship maintenance, modernization and

12 repair, conversion, acquisition of equipment, and fuel costs

13 necessary to maintain training at the United States Mer14 chant Marine Academy and State maritime academies and

15 may be transferred to the Secretary of the Interior for

16 use as provided in the National Maritime Heritage Act

17 (Public Law 103–451): Provided further, That reimburse18 ments may be made to this appropriation from receipts

19 to the ‘‘Federal Ship Financing Fund’’ for administrative

20 expenses in support of that program in addition to any

21 amount heretofore appropriated.

22 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

23 ACCOUNT

24 For the cost of guaranteed loans, as authorized by

25 the Merchant Marine Act of 1936, $40,000,000, to remain

26 available until expended: Provided, That such costs, in-
108

S 1594 RS

1 cluding the cost of modifying such loans, shall be as de2 fined in section 502 of the Congressional Budget Act of

3 1974, as amended: Provided further, That these funds are

4 available to subsidize total loan principal, any part of

5 which is to be guaranteed, not to exceed $1,000,000,000.

6 In addition, for administrative expenses to carry out

7 the guaranteed loan program, not to exceed $3,500,000,

8 which shall be transferred to and merged with the appro9 priation for Operations and Training.

10 ADMINISTRATIVE PROVISIONS—MARITIME

11 ADMINISTRATION

12 Notwithstanding any other provision of this Act, the

13 Maritime Administration is authorized to furnish utilities

14 and services and make necessary repairs in connection

15 with any lease, contract, or occupancy involving Govern16 ment property under control of the Maritime Administra17 tion, and payments received therefor shall be credited to

18 the appropriation charged with the cost thereof: Provided,

19 That rental payments under any such lease, contract, or

20 occupancy for items other than such utilities, services, or

21 repairs shall be covered into the Treasury as miscellaneous

22 receipts.

23 No obligations shall be incurred during the current

24 fiscal year from the construction fund established by the

25 Merchant Marine Act, 1936, or otherwise, in excess of the

26 appropriations and limitations contained in this Act or in
109

S 1594 RS

1 any prior appropriation Act, and all receipts which other2 wise would be deposited to the credit of said fund shall

3 be covered into the Treasury as miscellaneous receipts.

4 COMMISSION FOR THE PRESERVATION OF AMERICA’S

5 HERITAGE ABROAD

6 SALARIES AND EXPENSES

7 For expenses for the Commission for the Preservation

8 of America’s Heritage Abroad, $206,000, as authorized by

9 Public Law 99–83, section 1303.

10 COMMISSION ON CIVIL RIGHTS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Commission on Civil

13 Rights, including hire of passenger motor vehicles,

14 $8,750,000: Provided, That not to exceed $50,000 may

15 be used to employ consultants: Provided further, That

16 none of the funds appropriated in this paragraph shall be

17 used to employ in excess of four full-time individuals under

18 Schedule C of the Excepted Service exclusive of one special

19 assistant for each Commissioner: Provided further, That

20 none of the funds appropriated in this paragraph shall be

21 used to reimburse Commissioners for more than 75

22 billable days, with the exception of the Chairperson who

23 is permitted 125 billable days.
110

S 1594 RS

1 COMMISSION ON IMMIGRATION REFORM

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Immi4 gration Reform pursuant to section 141(f) of the Immi5 gration Act of 1990, $1,894,000, to remain available until

6 expended.

7 COMMISSION ON SECURITY AND COOPERATION IN

8 EUROPE

9 SALARIES AND EXPENSES

10 For necessary expenses of the Commission on Secu11 rity and Cooperation in Europe, as authorized by Public

12 Law 94–304, $1,090,000, to remain available until ex13 pended as authorized by section 3 of Public Law 99–7.

14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Equal Employment

17 Opportunity Commission as authorized by title VII of the

18 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

19 and 621–634), the Americans with Disabilities Act of

20 1990 and the Civil Rights Act of 1991, including services

21 as authorized by 5 U.S.C. 3109; hire of passenger motor

22 vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary

23 awards to private citizens; not to exceed $26,500,000, for

24 payments to State and local enforcement agencies for serv25 ices to the Commission pursuant to title VII of the Civil
111

S 1594 RS

1 Rights Act of 1964, as amended, sections 6 and 14 of the

2 Age Discrimination in Employment Act, the Americans

3 with Disabilities Act of 1990, and the Civil Rights Act

4 of 1991; $233,000,000: Provided, That the Commission

5 is authorized to make available for official reception and

6 representation expenses not to exceed $2,500 from avail7 able funds.

8 FEDERAL COMMUNICATIONS COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Communica11 tions Commission, as authorized by law, including uni12 forms and allowances therefor, as authorized by 5 U.S.C.

13 5901–02; not to exceed $600,000 for land and structure;

14 not to exceed $500,000 for improvement and care of

15 grounds and repair to buildings; not to exceed $4,000 for

16 official reception and representation expenses; purchase

17 (not to exceed sixteen) and hire of motor vehicles; special

18 counsel fees; and services as authorized by 5 U.S.C. 3109;

19 $195,709,000, of which not to exceed $300,000 shall re20 main available until September 30, 1997, for research and

21 policy studies: Provided, That $136,400,000 of offsetting

22 collections shall be assessed and collected pursuant to sec23 tion 9 of title I of the Communications Act of 1934, as

24 amended, and shall be retained and used for necessary ex25 penses in this appropriation, and shall remain available
112

S 1594 RS

1 until expended: Provided further, That the sum herein ap2 propriated shall be reduced as such offsetting collections

3 are received during fiscal year 1996 so as to result in a

4 final fiscal year 1996 appropriation estimated at

5 $59,309,000: Provided further, That any offsetting collec6 tions received in excess of $136,400,000 in fiscal year

7 1996 shall remain available until expended, but shall not

8 be available for obligation until October 1, 1996: Provided

9 further, That the Commission shall amend its schedule of

10 regulatory fees set forth in section 1.1153 of title 47,

11 CFR, authorized by section 9 of title I of the Communica12 tions Act of 1934, as amended by: (1) striking ‘‘$22,420’’

13 in the Annual Regulatory Fee column for VHF Commer14 cial Markets 1 through 10 and inserting ‘‘$32,000’’; (2)

15 striking ‘‘$19,925’’ in the Annual Regulatory Fee column

16 for VHF Commercial Markets 11 through 25 and insert17 ing ‘‘$26,000’’; (3) striking ‘‘$14,950’’ in the Annual Reg18 ulatory Fee column for VHF Commercial Markets 26

19 through 50 and inserting ‘‘$17,000’’; (4) striking

20 ‘‘$9,975’’ in the Annual Regulatory Fee column for VHF

21 Commercial Markets 51 through 100 and inserting

22 ‘‘$9,000’’; (5) striking ‘‘$6,225’’ in the Annual Regulatory

23 Fee column for VHF Commercial Remaining Markets and

24 inserting ‘‘$2,500’’; and (6) striking ‘‘$17,925’’ in the An25 nual Regulatory Fee column for UHF Commercial Mar-
113

S 1594 RS

1 kets 1 through 10 and inserting ‘‘$25,000’’; (7) striking

2 ‘‘$15,950’’ in the Annual Regulatory Fee column for UHF

3 Commercial Markets 11 through 25 and inserting

4 ‘‘$20,000’’; (8) striking ‘‘$11,950’’ in the Annual Regu5 latory Fee column for UHF Commercial Markets 26

6 through 50 and inserting ‘‘$13,000’’; (9) striking

7 ‘‘$7,975’’ in the Annual Regulatory Fee column for UHF

8 Commercial Markets 51 through 100 and inserting

9 ‘‘$7,000’’; and (10) striking ‘‘$4,975’’ in the Annual Reg10 ulatory Fee column for UHF Commercial Remaining Mar11 kets and inserting ‘‘$2,000’’.

12 FEDERAL MARITIME COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Maritime

15 Commission as authorized by section 201(d) of the Mer16 chant Marine Act of 1936, as amended (46 App. U.S.C.

17 1111), including services as authorized by 5 U.S.C. 3109;

18 hire of passenger motor vehicles as authorized by 31

19 U.S.C. 1343(b); and uniforms or allowances therefor, as

20 authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,

21 That not to exceed $2,000 shall be available for official

22 reception and representation expenses.
114

S 1594 RS

1 FEDERAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Trade Com4 mission, including uniforms or allowances therefor, as au5 thorized by 5 U.S.C. 5901–5902; services as authorized

6 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

7 not to exceed $2,000 for official reception and representa8 tion expenses; $79,568,000: Provided, That not to exceed

9 $300,000 shall be available for use to contract with a per10 son or persons for collection services in accordance with

11 the terms of 31 U.S.C. 3718, as amended: Provided fur12 ther, That notwithstanding any other provision of law, not

13 to exceed $48,262,000 of offsetting collections derived

14 from fees collected for premerger notification filings under

15 the Hart-Scott-Rodino Antitrust Improvements Act of

16 1976 (15 U.S.C. 18(a)) shall be retained and used for nec17 essary expenses in this appropriation, and shall remain

18 available until expended: Provided further, That the sum

19 herein appropriated from the General Fund shall be re20 duced as such offsetting collections are received during fis21 cal year 1996, so as to result in a final fiscal year 1996

22 appropriation from the General Fund estimated at not

23 more than $31,306,000, to remain available until ex24 pended: Provided further, That any fees received in excess

25 of $48,262,000 in fiscal year 1996 shall remain available
115

S 1594 RS

1 until expended, but shall not be available for obligation

2 until October 1, 1996: Provided further, That none of the

3 funds made available to the Federal Trade Commission

4 shall be available for obligation for expenses authorized

5 by section 151 of the Federal Deposit Insurance Corpora6 tion Improvement Act of 1991 (Public Law 102–242, 105

7 Stat. 2282–2285).

8 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

9 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

10 For expenses of the Japan-United States Friendship

11 Commission, as authorized by Public Law 94–118, as

12 amended, from the interest earned on the Japan-United

13 States Friendship Trust Fund, $1,247,000; and an

14 amount of Japanese currency not to exceed the equivalent

15 of $1,420,000 based on exchange rates at the time of pay16 ment of such amounts as authorized by Public Law 94–

17 118.

18 LEGAL SERVICES CORPORATION

19 PAYMENT TO THE LEGAL SERVICES CORPORATION

20 For payment to the Legal Services Corporation to

21 carry out the purposes of the Legal Services Corporation

22 Act of 1974, as amended, $300,000,000, of which

23 $291,000,000 is for basic field programs and required

24 independent audits in accordance with section 509 of this

25 Act; $1,500,000 is for the Office of the Inspector General,
116

S 1594 RS

1 of which such amounts as may be necessary may be used

2 to conduct additional audits of recipients in accordance

3 with section 509 of this Act; and $7,500,000 is for man4 agement and administration: Provided, That

5 $198,750,000 of the total amount provided under this

6 heading for basic field programs shall not be available ex7 cept for the competitive award of grants and contracts

8 under section 503 of this Act.

9 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

10 CORPORATION

11 SEC. 501. (a) Funds appropriated under this Act to

12 the Legal Services Corporation for basic field programs

13 shall be distributed as follows:

14 (1) The Corporation shall define geographic

15 areas and make the funds available for each geo16 graphic area on a per capita basis relative to the

17 number of individuals in poverty determined by the

18 Bureau of the Census to be within the geographic

19 area, except as provided in paragraph (2)(B). Funds

20 for such a geographic area may be distributed by the

21 Corporation to 1 or more persons or entities eligible

22 for funding under section 1006(a)(1)(A) of the

23 Legal Services Corporation Act (42 U.S.C.

24 2996e(a)(1)(A)), subject to sections 502 and 504.
117

S 1594 RS

1 (2) Funds for grants from the Corporation, and

2 contracts entered into by the Corporation for basic

3 field programs, shall be allocated so as to provide—

4 (A) except as provided in subparagraph

5 (B), an equal figure per individual in poverty

6 for all geographic areas, as determined on the

7 basis of the most recent decennial census of

8 population conducted pursuant to section 141

9 of title 13, United States Code (or, in the case

10 of the Republic of Palau, the Federated States

11 of Micronesia, the Republic of the Marshall Is12 lands, Alaska, Hawaii, and the United States

13 Virgin Islands, on the basis of the adjusted

14 population counts historically used as the basis

15 for such determinations); and

16 (B) an additional amount for Native Amer17 ican communities that received assistance under

18 the Legal Services Corporation Act for fiscal

19 year 1995, so that the proportion of the funds

20 appropriated to the Legal Services Corporation

21 for basic field programs for fiscal year 1996

22 that is received by the Native American commu23 nities shall be not less than the proportion of

24 such funds appropriated for fiscal year 1995
118

S 1594 RS

1 that was received by the Native American com2 munities.

3 (b) As used in this section:

4 (1) The term ‘‘individual in poverty’’ means an

5 individual who is a member of a family (of 1 or

6 more members) with an income at or below the pov7 erty line.

8 (2) The term ‘‘poverty line’’ means the poverty

9 line (as defined by the Office of Management and

10 Budget, and revised annually in accordance with sec11 tion 673(2) of the Community Services Block Grant

12 Act (42 U.S.C. 9902(2)) applicable to a family of

13 the size involved.

14 SEC. 502. None of the funds appropriated in this Act

15 to the Legal Services Corporation shall be used by the

16 Corporation to make a grant, or enter into a contract, for

17 the provision of legal assistance unless the Corporation en18 sures that the person or entity receiving funding to pro19 vide such legal assistance is—

20 (1) a private attorney admitted to practice in a

21 State or the District of Columbia;

22 (2) a qualified nonprofit organization, chartered

23 under the laws of a State or the District of Colum24 bia, that—
119

S 1594 RS

1 (A) furnishes legal assistance to eligible

2 clients; and

3 (B) is governed by a board of directors or

4 other governing body, the majority of which is

5 comprised of attorneys who—

6 (i) are admitted to practice in a State

7 or the District of Columbia; and

8 (ii) are appointed to terms of office on

9 such board or body by the governing body

10 of a State, county, or municipal bar asso11 ciation, the membership of which rep12 resents a majority of the attorneys practic13 ing law in the locality in which the organi14 zation is to provide legal assistance;

15 (3) a State or local government (without regard

16 to section 1006(a)(1)(A)(ii) of the Legal Services

17 Corporation Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or

18 (4) a substate regional planning or coordination

19 agency that serves a substate area and whose gov20 erning board is controlled by locally elected officials.

21 SEC. 503. (a)(1) Not later than April 1, 1996, the

22 Legal Services Corporation shall implement a system of

23 competitive awards of grants and contracts for all basic

24 field programs, which shall apply to all such grants and
120

S 1594 RS

1 contracts awarded by the Corporation after March 31,

2 1996, from funds appropriated in this Act.

3 (2) Any grant or contract awarded before April 1,

4 1996, by the Legal Services Corporation to a basic field

5 program for 1996—

6 (A) shall not be for an amount greater than the

7 amount required for the period ending March 31,

8 1996;

9 (B) shall terminate at the end of such period;

10 and

11 (C) shall not be renewable except in accordance

12 with the system implemented under paragraph (1).

13 (3) The amount of grants and contracts awarded be14 fore April 1, 1996, by the Legal Services Corporation for

15 basic field programs for 1996 in any geographic area de16 scribed in section 501 shall not exceed an amount equal

to 3 17 ⁄12 of the total amount to be distributed for such pro18 grams for 1996 in such area.

19 (b) Not later than 60 days after the date of enact20 ment of this Act, the Legal Services Corporation shall pro21 mulgate regulations to implement a competitive selection

22 process for the recipients of such grants and contracts.

23 (c) Such regulations shall specify selection criteria for

24 the recipients, which shall include—
121

S 1594 RS

1 (1) a demonstration of a full understanding of

2 the basic legal needs of the eligible clients to be

3 served and a demonstration of the capability of serv4 ing the needs;

5 (2) the quality, feasibility, and cost effective6 ness of a plan submitted by an applicant for the de7 livery of legal assistance to the eligible clients to be

8 served; and

9 (3) the experience of the Legal Services Cor10 poration with the applicant, if the applicant has pre11 viously received financial assistance from the Cor12 poration, including the record of the applicant of

13 past compliance with Corporation policies, practices,

14 and restrictions.

15 (d) Such regulations shall ensure that timely notice

16 regarding an opportunity to submit an application for

17 such an award is published in periodicals of local and

18 State bar associations and in at least 1 daily newspaper

19 of general circulation in the area to be served by the per20 son or entity receiving the award.

21 (e) No person or entity that was previously awarded

22 a grant or contract by the Legal Services Corporation for

23 the provision of legal assistance may be given any pref24 erence in the competitive selection process.
122

S 1594 RS

1 (f) For the purposes of the funding provided in this

2 Act, rights under sections 1007(a)(9) and 1011 of the

3 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

4 and 42 U.S.C. 2996j) shall not apply.

5 SEC. 504. (a) None of the funds appropriated in this

6 Act to the Legal Services Corporation may be used to pro7 vide financial assistance to any person or entity (which

8 may be referred to in this section as a ‘‘recipient’’)—

9 (1) that makes available any funds, personnel,

10 or equipment for use in advocating or opposing any

11 plan or proposal, or represents any party or partici12 pates in any other way in litigation, that is intended

13 to or has the effect of altering, revising, or reappor14 tioning a legislative, judicial, or elective district at

15 any level of government, including influencing the

16 timing or manner of the taking of a census;

17 (2) that attempts to influence the issuance,

18 amendment, or revocation of any executive order,

19 regulation, or other statement of general applicabil20 ity and future effect by any Federal, State, or local

21 agency;

22 (3) that attempts to influence any part of any

23 adjudicatory proceeding of any Federal, State, or

24 local agency if such part of the proceeding is de25 signed for the formulation or modification of any
123

S 1594 RS

1 agency policy of general applicability and future ef2 fect;

3 (4) that attempts to influence the passage or

4 defeat of any legislation, constitutional amendment,

5 referendum, initiative, or any similar procedure of

6 the Congress or a State or local legislative body;

7 (5) that attempts to influence the conduct of

8 oversight proceedings of the Corporation or any per9 son or entity receiving financial assistance provided

10 by the Corporation;

11 (6) that pays for any personal service, adver12 tisement, telegram, telephone communication, letter,

13 printed or written matter, administrative expense, or

14 related expense, associated with an activity prohib15 ited in this section;

16 (7) that initiates or participates in a class ac17 tion suit;

18 (8) that files a complaint or otherwise initiates

19 or participates in litigation against a defendant, or

20 engages in a precomplaint settlement negotiation

21 with a prospective defendant, unless—

22 (A) each plaintiff has been specifically

23 identified, by name, in any complaint filed for

24 purposes of such litigation or prior to the

25 precomplaint settlement negotiation; and
124

S 1594 RS

1 (B) a statement or statements of facts

2 written in English and, if necessary, in a lan3 guage that the plaintiffs understand, that enu4 merate the particular facts known to the plain5 tiffs on which the complaint is based, have been

6 signed by the plaintiffs, are kept on file by the

7 recipient, and are made available to any Fed8 eral department or agency that is auditing or

9 monitoring the activities of the Corporation or

10 of the recipient, and to any auditor or monitor

11 receiving Federal funds to conduct such audit12 ing or monitoring, including any auditor or

13 monitor of the Corporation:

14 Provided, That upon establishment of reasonable

15 cause that an injunction is necessary to prevent

16 probable, serious harm to such potential plaintiff, a

17 court of competent jurisdiction may enjoin the dis18 closure of the identity of any potential plaintiff

19 pending the outcome of such litigation or negotia20 tions after notice and an opportunity for a hearing

21 is provided to potential parties to the litigation or

22 the negotiations: Provided further, That other parties

23 to the litigation or negotiation shall have access to

24 the statement of facts referred to in subparagraph
125

S 1594 RS

1 (B) only through the discovery process after litiga2 tion has begun;

3 (9) unless—

4 (A) prior to the provision of financial as5 sistance—

6 (i) if the person or entity is a non7 profit organization, the governing board of

8 the person or entity has set specific prior9 ities in writing, pursuant to section

10 1007(a)(2)(C)(i) of the Legal Services Cor11 poration Act (42 U.S.C.

12 2996f(a)(2)(C)(i)), of the types of matters

13 and cases to which the staff of the non14 profit organization shall devote time and

15 resources; and

16 (ii) the staff of such person or entity

17 has signed a written agreement not to un18 dertake cases or matters other than in ac19 cordance with the specific priorities set by

20 such governing board, except in emergency

21 situations defined by such board and in ac22 cordance with the written procedures of

23 such board for such situations; and

24 (B) the staff of such person or entity pro25 vides to the governing board on a quarterly
126

S 1594 RS

1 basis, and to the Corporation on an annual

2 basis, information on all cases or matters un3 dertaken other than cases or matters under4 taken in accordance with such priorities;

5 (10) unless—

6 (A) prior to receiving the financial assist7 ance, such person or entity agrees to maintain

8 records of time spent on each case or matter

9 with respect to which the person or entity is en10 gaged;

11 (B) any funds, including Interest on Law12 yers Trust Account funds, received from a

13 source other than the Corporation by the per14 son or entity, and disbursements of such funds,

15 are accounted for and reported as receipts and

16 disbursements, respectively, separate and dis17 tinct from Corporation funds; and

18 (C) the person or entity agrees (notwith19 standing section 1006(b)(3) of the Legal Serv20 ices Corporation Act (42 U.S.C. 2996e(b)(3))

21 to make the records described in this paragraph

22 available to any Federal department or agency

23 that is auditing or monitoring the activities of

24 the Corporation or of the recipient, and to any

25 independent auditor or monitor receiving Fed-
127

S 1594 RS

1 eral funds to conduct such auditing or monitor2 ing, including any auditor or monitor of the

3 Corporation;

4 (11) that provides legal assistance for or on be5 half of any alien, unless the alien is present in the

6 United States and is—

7 (A) an alien lawfully admitted for perma8 nent residence as defined in section 101(a)(20)

9 of the Immigration and Nationality Act (8

10 U.S.C. 1101(a)(20));

11 (B) an alien who—

12 (i) is married to a United States citi13 zen or is a parent or an unmarried child

14 under the age of 21 years of such a citizen;

15 and

16 (ii) has filed an application to adjust

17 the status of the alien to the status of a

18 lawful permanent resident under the Immi19 gration and Nationality Act (8 U.S.C.

20 1101 et seq.), which application has not

21 been rejected;

22 (C) an alien who is lawfully present in the

23 United States pursuant to an admission under

24 section 207 of the Immigration and Nationality

25 Act (8 U.S.C. 1157) (relating to refugee admis-
128

S 1594 RS

1 sion) or who has been granted asylum by the

2 Attorney General under such Act;

3 (D) an alien who is lawfully present in the

4 United States as a result of withholding of de5 portation by the Attorney General pursuant to

6 section 243(h) of the Immigration and Nation7 ality Act (8 U.S.C. 1253(h));

8 (E) an alien to whom section 305 of the

9 Immigration Reform and Control Act of 1986

10 (8 U.S.C. 1101 note) applies, but only to the

11 extent that the legal assistance provided is the

12 legal assistance described in such section; or

13 (F) an alien who is lawfully present in the

14 United States as a result of being granted con15 ditional entry to the United States before April

16 1, 1980, pursuant to section 203(a)(7) of the

17 Immigration and Nationality Act (8 U.S.C.

18 1153(a)(7)), as in effect on March 31, 1980,

19 because of persecution or fear of persecution on

20 account of race, religion, or political calamity;

21 (12) that supports or conducts a training pro22 gram for the purpose of advocating a particular pub23 lic policy or encouraging a political activity, a labor

24 or antilabor activity, a boycott, picketing, a strike,

25 or a demonstration, including the dissemination of
129

S 1594 RS

1 information about such a policy or activity, except

2 that this paragraph shall not be construed to pro3 hibit the provision of training to an attorney or a

4 paralegal to prepare the attorney or paralegal to

5 provide—

6 (A) adequate legal assistance to eligible cli7 ents; or

8 (B) advice to any eligible client as to the

9 legal rights of the client;

10 (13) that claims (or whose employee claims), or

11 collects and retains, attorneys’ fees pursuant to any

12 Federal or State law permitting or requiring the

13 awarding of such fees;

14 (14) that participates in any litigation with re15 spect to abortion;

16 (15) that participates in any litigation on behalf

17 of a person incarcerated in a Federal, State, or local

18 prison;

19 (16) that initiates legal representation or par20 ticipates in any other way, in litigation, lobbying, or

21 rulemaking, involving an effort to reform a Federal

22 or State welfare system, except that this paragraph

23 shall not be construed to preclude a recipient from

24 representing an individual eligible client who is seek25 ing specific relief from a welfare agency if such relief
130

S 1594 RS

1 does not involve an effort to amend or otherwise

2 challenge existing law in effect on the date of the

3 initiation of the representation;

4 (17) that defends a person in a proceeding to

5 evict the person from a public housing project if—

6 (A) the person has been charged with the

7 illegal sale or distribution of a controlled sub8 stance; and

9 (B) the eviction proceeding is brought by a

10 public housing agency because the illegal drug

11 activity of the person threatens the health or

12 safety of another tenant residing in the public

13 housing project or employee of the public hous14 ing agency;

15 (18) unless such person or entity agrees that

16 the person or entity, and the employees of the per17 son or entity, will not accept employment resulting

18 from in-person unsolicited advice to a nonattorney

19 that such nonattorney should obtain counsel or take

20 legal action, and will not refer such nonattorney to

21 another person or entity or an employee of the per22 son or entity, that is receiving financial assistance

23 provided by the Corporation; or

24 (19) unless such person or entity enters into a

25 contractual agreement to be subject to all provisions
131

S 1594 RS

1 of Federal law relating to the proper use of Federal

2 funds, the violation of which shall render any grant

3 or contractual agreement to provide funding null

4 and void, and, for such purposes, the Corporation

5 shall be considered to be a Federal agency and all

6 funds provided by the Corporation shall be consid7 ered to be Federal funds provided by grant or con8 tract.

9 (b) Nothing in this section shall be construed to pro10 hibit a recipient from using funds from a source other

11 than the Legal Services Corporation for the purpose of

12 contacting, communicating with, or responding to a re13 quest from, a State or local government agency, a State

14 or local legislative body or committee, or a member there15 of, regarding funding for the recipient, including a pend16 ing or proposed legislative or agency proposal to fund such

17 recipient.

18 (c) Not later than 30 days after the date of enact19 ment of this Act, the Legal Services Corporation shall pro20 mulgate a suggested list of priorities that boards of direc21 tors may use in setting priorities under subsection (a)(9).

22 (d)(1) The Legal Services Corporation shall not ac23 cept any non-Federal funds, and no recipient shall accept

24 funds from any source other than the Corporation, unless

25 the Corporation or the recipient, as the case may be, noti-
132

S 1594 RS

1 fies in writing the source of the funds that the funds may

2 not be expended for any purpose prohibited by the Legal

3 Services Corporation Act or this title.

4 (2) Paragraph (1) shall not prevent a recipient

5 from—

6 (A) receiving Indian tribal funds (including

7 funds from private nonprofit organizations for the

8 benefit of Indians or Indian tribes) and expending

9 the tribal funds in accordance with the specific pur10 poses for which the tribal funds are provided; or

11 (B) using funds received from a source other

12 than the Legal Services Corporation to provide legal

13 assistance to a covered individual if such funds are

14 used for the specific purposes for which such funds

15 were received, except that such funds may not be ex16 pended by recipients for any purpose prohibited by

17 this Act or by the Legal Services Corporation Act.

18 (e) As used in this section:

19 (1) The term ‘‘controlled substance’’ has the

20 meaning given the term in section 102 of the Con21 trolled Substances Act (21 U.S.C. 802).

22 (2) The term ‘‘covered individual’’ means any

23 person who—

24 (A) except as provided in subparagraph

25 (B), meets the requirements of this Act and the
133

S 1594 RS

1 Legal Services Corporation Act relating to eligi2 bility for legal assistance; and

3 (B) may or may not be financially unable

4 to afford legal assistance.

5 (3) The term ‘‘public housing project’’ has the

6 meaning as used within, and the term ‘‘public hous7 ing agency’’ has the meaning given the term, in sec8 tion 3 of the United States Housing Act of 1937 (42

9 U.S.C. 1437a).

10 SEC. 505. None of the funds appropriated in this Act

11 to the Legal Services Corporation or provided by the Cor12 poration to any entity or person may be used to pay mem13 bership dues to any private or nonprofit organization.

14 SEC. 506. None of the funds appropriated in this Act

15 to the Legal Services Corporation may be used by any per16 son or entity receiving financial assistance from the Cor17 poration to file or pursue a lawsuit against the Corpora18 tion.

19 SEC. 507. None of the funds appropriated in this Act

20 to the Legal Services Corporation may be used for any

21 purpose prohibited or contrary to any of the provisions

22 of authorization legislation for fiscal year 1996 for the

23 Legal Services Corporation that is enacted into law. Upon

24 the enactment of such Legal Services Corporation reau25 thorization legislation, funding provided in this Act shall
134

S 1594 RS

1 from that date be subject to the provisions of that legisla2 tion and any provisions in this Act that are inconsistent

3 with that legislation shall no longer have effect.

4 SEC. 508. (a) The requirements of section 504 shall

5 apply to the activities of a recipient described in section

6 504, or an employee of such a recipient, during the provi7 sion of legal assistance for a case or matter, if the recipi8 ent or employee begins to provide the legal assistance on

9 or after the date of enactment of this Act.

10 (b) If the recipient or employee began to provide legal

11 assistance for the case or matter prior to the date of enact12 ment of this Act—

13 (1) each of the requirements of section 504

14 (other than paragraphs (7), (11), and (15) of sub15 section (a) of such section) shall, beginning on the

16 date of enactment of this Act, apply to the activities

17 of the recipient or employee during the provision of

18 legal assistance for the case or matter; and

19 (2) the requirements of paragraphs (7), (11),

20 and (15) of section 504(a) shall apply—

21 (A) beginning on the date of enactment of

22 this Act, to the activities of the recipient or em23 ployee during the provision of legal assistance

24 for any additional related claim for which the
135

S 1594 RS

1 recipient or employee begins to provide legal as2 sistance on or after such date; and

3 (B) beginning July 1, 1996, to all other

4 activities of the recipient or employee during

5 the provision of legal assistance for the case or

6 matter.

7 (c) The Legal Services Corporation shall, every 60

8 days, submit to the Committees on Appropriations of the

9 Senate and House of Representatives a report setting

10 forth the status of cases and matters referred to in sub11 section (b)(2).

12 SEC. 509. (a) An audit of each person or entity re13 ceiving financial assistance from the Legal Services Cor14 poration under this Act (referred to in this section as a

15 ‘‘recipient’’) shall be conducted in accordance with gen16 erally accepted government auditing standards and guid17 ance established by the Office of the Inspector General

18 and shall report whether—

19 (1) the financial statements of the recipient

20 present fairly its financial position and the results of

21 its financial operations in accordance with generally

22 accepted accounting principles;

23 (2) the recipient has internal control systems to

24 provide reasonable assurance that it is managing
136

S 1594 RS

1 funds, regardless of source, in compliance with Fed2 eral laws and regulations; and

3 (3) the recipient has complied with Federal

4 laws and regulations applicable to funds received, re5 gardless of source.

6 (b) In carrying out the requirements of subsection

7 (a)(3), the auditor shall select and test a representative

8 number of transactions and report all instances of non9 compliance to the recipient. The recipient shall report any

10 noncompliance found by the auditor during the audit

11 under this section within 5 calendar days to the Office

12 of the Inspector General. If the recipient fails to report

13 the noncompliance, the auditor shall report the noncompli14 ance directly to the Office of the Inspector General within

15 5 calendar days of the recipient’s failure to report.

16 (c) The audits required under this section shall be

17 provided for by the recipients and performed by independ18 ent public accountants. The cost of such audits shall be

19 shared on a pro rata basis among all of the recipient’s

20 funding providers and the appropriate share shall be an

21 allowable charge to the Federal funds provided by the

22 Legal Services Corporation. No audit costs may be

23 charged to the Federal funds when the audit required by

24 this section has not been made in accordance with the
137

S 1594 RS

1 guidance promulgated by the Office of the Inspector Gen2 eral.

3 If the recipient fails to have an acceptable audit in

4 accordance with the guidance promulgated by the Office

5 of the Inspector General, the following sanctions shall be

6 available to the Corporation as recommended by the Office

7 of the Inspector General:

8 (1) the withholding of a percentage of the re9 cipient’s funding until the audit is completed satis10 factorily.

11 (2) the suspension of recipient’s funding until

12 an acceptable audit is completed.

13 (d) The Office of the Inspector General may remove,

14 suspend, or bar an independent public accountant, upon

15 a showing of good cause, from performing audit services

16 required by this section. The Office of the Inspector Gen17 eral shall develop and issue rules of practice to implement

18 this paragraph.

19 (e) Any independent public accountant performing an

20 audit under this section who subsequently ceases to be the

21 accountant for the recipient shall promptly notify the Of22 fice of the Inspector General pursuant to such rules as

23 the Office of the Inspector General shall prescribe.

24 (f) Audits conducted in accordance with this section

25 shall be in lieu of the financial audits otherwise required
138

S 1594 RS

1 by section 1009(c) of the Legal Services Corporation Act

2 (42 U.S.C. 2996h(c)).

3 (g) The Office of the Inspector General is authorized

4 to conduct on-site monitoring, audits, and inspections in

5 accordance with Federal standards.

6 (h) Notwithstanding section 1006(b)(3) of the Legal

7 Services Corporation Act (42 U.S.C. 2996e(b)(3)), finan8 cial records, time records, retainer agreements, client trust

9 fund and eligibility records, and client names, for each re10 cipient shall be made available to any auditor or monitor

11 of the recipient, including any Federal department or

12 agency that is auditing or monitoring the activities of the

13 Corporation or of the recipient, and any independent audi14 tor or monitor receiving Federal funds to conduct such

15 auditing or monitoring, including any auditor or monitor

16 of the Corporation, except for reports or records subject

17 to the attorney-client privilege.

18 (i) The Legal Services Corporation shall not disclose

19 any name or document referred to in subsection (h), ex20 cept to—

21 (1) a Federal, State, or local law enforcement

22 official; or

23 (2) an official of an appropriate bar association

24 for the purpose of enabling the official to conduct an

25 investigation of a rule of professional conduct.
139

S 1594 RS

1 (j) The recipient management shall be responsible for

2 expeditiously resolving all reported audit reportable condi3 tions, findings, and recommendations, including those of

4 sub-recipients.

5 (k) The Legal Services Corporation shall—

6 (1) Follow up on significant reportable condi7 tions, findings, and recommendations found by the

8 independent public accountants and reported to Cor9 poration management by the Office of the Inspector

10 General to ensure that instances of deficiencies and

11 noncompliance are resolved in a timely manner, and

12 (2) Develop procedures to ensure effective fol13 low-up that meet at a minimum the requirements of

14 Office of Management and Budget Circular Number

15 A–50.

16 (l) The requirements of this section shall apply to a

17 recipient for its first fiscal year beginning on or after Jan18 uary 1, 1996.

19 MARINE MAMMAL COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Marine Mammal Com22 mission as authorized by title II of Public Law 92–522,

23 as amended, $1,190,000.
140

S 1594 RS

1 MARTIN LUTHER KING, JR. FEDERAL HOLIDAY

2 COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Martin Luther King,

5 Jr. Federal Holiday Commission, as authorized by Public

6 Law 98–399, as amended, $350,000: Provided, That this

7 shall be the final Federal payment to the Martin Luther

8 King, Jr. Federal Holiday Commission for operations and

9 necessary closing costs.

10 OUNCE OF PREVENTION COUNCIL

11 For activities authorized by sections 30101 and

12 30102 of Public Law 103–322 (including administrative

13 costs), $1,500,000, to remain available until expended, for

14 the Ounce of Prevention Grant Program: Provided, That

15 the Council may accept and use gifts and donations, both

16 real and personal, for the purpose of aiding or facilitating

17 the authorized activities of the Council, of which not to

18 exceed $5,000 may be used for official reception and rep19 resentation expenses.

20 SECURITIES AND EXCHANGE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Securities and Ex23 change Commission, including services as authorized by

24 5 U.S.C. 3109, the rental of space (to include multiple

25 year leases) in the District of Columbia and elsewhere, and
141

S 1594 RS

1 not to exceed $3,000 for official reception and representa2 tion expenses, $287,738,000, of which $3,000,000 is for

3 the Office of Economic Analysis, to be headed by the Chief

4 Economist of the Commission, and of which not to exceed

5 $10,000 may be used toward funding a permanent sec6 retariat for the International Organization of Securities

7 Commissions, and of which not to exceed $100,000 shall

8 be available for expenses for consultations and meetings

9 hosted by the Commission with foreign governmental and

10 other regulatory officials, members of their delegations,

11 appropriate representatives and staff to exchange views

12 concerning developments relating to securities matters, de13 velopment and implementation of cooperation agreements

14 concerning securities matters and provision of technical

15 assistance for the development of foreign securities mar16 kets, such expenses to include necessary logistic and ad17 ministrative expenses and the expenses of Commission

18 staff and foreign invitees in attendance at such consulta19 tions and meetings including: (i) such incidental expenses

20 as meals taken in the course of such attendance, (ii) any

21 travel and transportation to or from such meetings, and

22 (iii) any other related lodging or subsistence: Provided,

23 That immediately upon enactment of this Act, the rate

24 of fees under section 6(b) of the Securities Act of 1933

25 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one
142

S 1594 RS

1 percentum to one-twenty-ninth of one percentum, and

2 such increase shall be deposited as an offsetting collection

3 to this appropriation, to remain available until expended,

4 to recover costs of services of the securities registration

5 process: Provided further, That the total amount appro6 priated for fiscal year 1996 under this heading shall be

7 reduced as such fees are deposited to this appropriation

8 so as to result in a final total fiscal year 1996 appropria9 tion from the General Fund estimated at not more than

10 $103,445,000: Provided further, That any such fees col11 lected in excess of $184,293,000 shall remain available

12 until expended but shall not be available for obligation

13 until October 1, 1996: Provided further, That $1,000,000

14 of the funds appropriated for the Commission shall be

15 available for the enforcement of the Investment Advisers

16 Act of 1940 in addition to any other appropriated funds

17 designated by the Commission for enforcement of such

18 Act.

19 SMALL BUSINESS ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses, not otherwise provided for,

22 of the Small Business Administration as authorized by

23 Public Law 103–403, including hire of passenger motor

24 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

25 not to exceed $3,500 for official reception and representa-
143

S 1594 RS

1 tion expenses, $219,190,000: Provided, That the Adminis2 trator is authorized to charge fees to cover the cost of pub3 lications developed by the Small Business Administration,

4 and certain loan servicing activities: Provided further,

5 That notwithstanding 31 U.S.C. 3302, revenues received

6 from all such activities shall be credited to this account,

7 to be available for carrying out these purposes without fur8 ther appropriations.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

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

13 as amended by Public Law 100–504), $8,500,000.

14 BUSINESS LOANS PROGRAM ACCOUNT

15 For the cost of direct loans, $4,500,000, and for the

16 cost of guaranteed loans, $156,226,000, as authorized by

17 15 U.S.C. 631 note, of which $1,216,000, to be available

18 until expended, shall be for the Microloan Guarantee Pro19 gram, and of which $40,510,000 shall remain available

20 until September 30, 1997: Provided, That such costs, in21 cluding the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of

23 1974: Provided further, That during fiscal year 1996, com24 mitments to guarantee loans under section 503 of the

25 Small Business Investment Act of 1958, as amended, shall
144

S 1594 RS

1 not exceed the amount of financings authorized under sec2 tion 20(n)(2)(B) of the Small Business Act, as amended.

3 In addition, for administrative expenses to carry out

4 the direct and guaranteed loan programs, $92,622,000,

5 which may be transferred to and merged with the appro6 priations for Salaries and Expenses.

7 DISASTER LOANS PROGRAM ACCOUNT

8 For the cost of direct loans authorized by section 7(b)

9 of the Small Business Act, as amended, $34,432,000, to

10 remain available until expended: Provided, That such

11 costs, including the cost of modifying such loans, shall be

12 as defined in section 502 of the Congressional Budget Act

13 of 1974.

14 In addition, for administrative expenses to carry out

15 the direct loan program, $71,578,000, which may be

16 transferred to and merged with the appropriations for Sal17 aries and Expenses.

18 SURETY BOND GUARANTEES REVOLVING FUND

19 For additional capital for the ‘‘Surety Bond Guaran20 tees Revolving Fund’’, authorized by the Small Business

21 Investment Act, as amended, $2,530,000, to remain avail22 able without fiscal year limitation as authorized by 15

23 U.S.C. 631 note.
145

S 1594 RS

1 ADMINISTRATIVE PROVISION—SMALL BUSINESS

2 ADMINISTRATION

3 SEC. 510. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the

5 Small Business Administration in this Act may be trans6 ferred between such appropriations, but no such appro7 priation shall be increased by more than 10 percent by

8 any such transfers: Provided, That any transfer pursuant

9 to this section shall be treated as a reprogramming of

10 funds under section 605 of this Act and shall not be avail11 able for obligation or expenditure except in compliance

12 with the procedures set forth in that section.

13 STATE JUSTICE INSTITUTE

14 SALARIES AND EXPENSES

15 For necessary expenses of the State Justice Institute,

16 as authorized by The State Justice Institute Authorization

17 Act of 1992 (Public Law 102–572 (106 Stat. 4515–

18 4516)), $5,000,000 to remain available until expended:

19 Provided, That not to exceed $2,500 shall be available for

20 official reception and representation expenses.

21 TITLE VI—GENERAL PROVISIONS

22 SEC. 601. No part of any appropriation contained in

23 this Act shall be used for publicity or propaganda purposes

24 not authorized by the Congress.
146

S 1594 RS

1 SEC. 602. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

4 SEC. 603. The expenditure of any appropriation

5 under this Act for any consulting service through procure6 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

7 to those contracts where such expenditures are a matter

8 of public record and available for public inspection, except

9 where otherwise provided under existing law, or under ex10 isting Executive order issued pursuant to existing law.

11 SEC. 604. If any provision of this Act or the applica12 tion of such provision to any person or circumstances shall

13 be held invalid, the remainder of the Act and the applica14 tion of each provision to persons or circumstances other

15 than those as to which it is held invalid shall not be af16 fected thereby.

17 SEC. 605 (a) None of the funds provided under this

18 Act, or provided under previous Appropriations Acts to the

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 1996, or provided from

21 any accounts in the Treasury of the United States derived

22 by the collection of fees available to the agencies funded

23 by this Act, shall be available for obligation or expenditure

24 through a reprogramming of funds which (1) creates new

25 programs; (2) eliminates a program, project, or activity;
147

S 1594 RS

1 (3) increases funds or personnel by any means for any

2 project or activity for which funds have been denied or

3 restricted; (4) relocates an office or employees; (5) reorga4 nizes offices, programs, or activities; or (6) contracts out

5 or privatizes any functions or activities presently per6 formed by Federal employees; unless the Appropriations

7 Committees of both Houses of Congress are notified fif8 teen days in advance of such reprogramming of funds.

9 (b) None of the funds provided under this Act, or

10 provided under previous Appropriations Acts to the agen11 cies funded by this Act that remain available for obligation

12 or expenditure in fiscal year 1996, or provided from any

13 accounts in the Treasury of the United States derived by

14 the collection of fees available to the agencies funded by

15 this Act, shall be available for obligation or expenditure

16 for activities, programs, or projects through a

17 reprogramming of funds in excess of $500,000 or 10 per18 cent, whichever is less, that (1) augments existing pro19 grams, projects, or activities; (2) reduces by 10 percent

20 funding for any existing program, project, or activity, or

21 numbers of personnel by 10 percent as approved by Con22 gress; or (3) results from any general savings from a re23 duction in personnel which would result in a change in

24 existing programs, activities, or projects as approved by

25 Congress; unless the Appropriations Committees of both
148

S 1594 RS

1 Houses of Congress are notified fifteen days in advance

2 of such reprogramming of funds.

3 SEC. 606. None of the funds made available in this

4 Act may be used for the construction, repair (other than

5 emergency repair), overhaul, conversion, or modernization

6 of vessels for the National Oceanic and Atmospheric Ad7 ministration in shipyards located outside of the United

8 States.

9 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available

13 in this Act should be American-made.

14 (b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any en16 tity using funds made available in this Act, the head of

17 each Federal agency, to the greatest extent practicable,

18 shall provide to such entity a notice describing the state19 ment made in subsection (a) by the Congress.

20 SEC. 608. None of the funds made available in this

21 Act may be used to implement, administer, or enforce any

22 guidelines of the Equal Employment Opportunity Com23 mission covering harassment based on religion, when it is

24 made known to the Federal entity or official to which such

25 funds are made available that such guidelines do not differ
149

S 1594 RS

1 in any respect from the proposed guidelines published by

2 the Commission on October 1, 1993 (58 Fed. Reg.

3 51266).

4 SEC. 610. None of the funds made available by this

5 Act may be used for any United Nations undertaking

6 when it is made known to the Federal official having au7 thority to obligate or expend such funds (1) that the Unit8 ed Nations undertaking is a peacekeeping mission, (2)

9 that such undertaking will involve United States Armed

10 Forces under the command or operational control of a for11 eign national, and (3) that the President’s military advi12 sors have not submitted to the President a recommenda13 tion that such involvement is in the national security inter14 ests of the United States and the President has not sub15 mitted to the Congress such a recommendation.

16 SEC. 611. None of the funds made available in this

17 Act shall be used to provide the following amenities or per18 sonal comforts in the Federal prison system—

19 (1) in-cell television viewing except for prisoners

20 who are segregated from the general prison popu21 lation for their own safety;

22 (2) the viewing of R, X, and NC–17 rated mov23 ies, through whatever medium presented;

24 (3) any instruction (live or through broadcasts)

25 or training equipment for boxing, wrestling, judo,
150

S 1594 RS

1 karate, or other martial art, or any bodybuilding or

2 weightlifting equipment of any sort;

3 (4) possession of in-cell coffee pots, hot plates,

4 or heating elements; or

5 (5) the use or possession of any electric or elec6 tronic musical instrument.

7 SEC. 612. None of the funds made available in title

8 II for the National Oceanic and Atmospheric Administra9 tion under the heading ‘‘Fleet Modernization, Shipbuild10 ing and Conversion’’ may be used to implement sections

11 603, 604, and 605 of Public Law 102–567.

12 SEC. 613. None of the funds made available in this

13 Act may be used for ‘‘USIA Television Marti Program’’

14 under the Television Broadcasting to Cuba Act or any

15 other program of United States Government television

16 broadcasts to Cuba, when it is made known to the Federal

17 official having authority to obligate or expend such funds

18 that such use would be inconsistent with the applicable

19 provisions of the March 1995 Office of Cuba Broadcasting

20 Reinventing Plan of the United States Information Agen21 cy.

22 SEC. 614. (a)(1) Section 5002 of title 18, United

23 States Code, is repealed.
151

S 1594 RS

1 (2) The table of sections for chapter 401 of title 18,

2 United States Code, is amended by striking out the item

3 relating to the Advisory Corrections Council.

4 (b) This section shall take effect 30 days after the

5 date of the enactment of this Act.

6 SEC. 615. Any costs incurred by a Department or

7 agency funded under this Act resulting from personnel ac8 tions taken in response to funding reductions included in

9 this Act shall be absorbed within the total budgetary re10 sources available to such Department or agency: Provided,

11 That the authority to transfer funds between appropria12 tions accounts as may be necessary to carry out this provi13 sion is provided in addition to authorities included else14 where in this Act: Provided further, That use of funds to

15 carry out this section shall be treated as a reprogramming

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

17 available for obligation or expenditure except in compli18 ance with the procedures set forth in that section.

19 SEC. 616. Section 201(a) of Public Law 104–99 is

20 repealed.
152

S 1594 RS

1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF JUSTICE

3 GENERAL ADMINISTRATION

4 WORKING CAPITAL FUND

5 (RESCISSION)

6 Of the unobligated balances available under this

7 heading, $65,000,000 are rescinded.

8 DEPARTMENT OF STATE

9 ADMINISTRATION OF FOREIGN AFFAIRS

10 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

11 (RESCISSION)

12 Of the unobligated balances available under this

13 heading, $95,500,000 are rescinded.

14 RELATED AGENCIES

15 UNITED STATES INFORMATION AGENCY

16 RADIO CONSTRUCTION

17 (RESCISSION)

18 Of the unobligated balances available under this

19 heading, $7,400,000 are rescinded.

20 TITLE VIII—PRISON LITIGATION REFORM

21 SEC. 801. SHORT TITLE.

22 This title may be cited as the ‘‘Prison Litigation Re23 form Act of 1995’’.
153

S 1594 RS

1 SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI2 TIONS.

3 (a) IN GENERAL.—Section 3626 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 3626. Appropriate remedies with respect to prison

6 conditions

7 ‘‘(a) REQUIREMENTS FOR RELIEF.—

8 ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective

9 relief in any civil action with respect to prison condi10 tions shall extend no further than necessary to cor11 rect the violation of the Federal right of a particular

12 plaintiff or plaintiffs. The court shall not grant or

13 approve any prospective relief unless the court finds

14 that such relief is narrowly drawn, extends no fur15 ther than necessary to correct the violation of the

16 Federal right, and is the least intrusive means nec17 essary to correct the violation of the Federal right.

18 The court shall give substantial weight to any ad19 verse impact on public safety or the operation of a

20 criminal justice system caused by the relief.

21 ‘‘(B) The court shall not order any prospective

22 relief that requires or permits a government official

23 to exceed his or her authority under State or local

24 law or otherwise violates State or local law, unless—

25 ‘‘(i) Federal law permits such relief to be

26 ordered in violation of State or local law;
154

S 1594 RS

1 ‘‘(ii) the relief is necessary to correct the

2 violation of a Federal right; and

3 ‘‘(iii) no other relief will correct the viola4 tion of the Federal right.

5 ‘‘(C) Nothing in this section shall be construed

6 to authorize the courts, in exercising their remedial

7 powers, to order the construction of prisons or the

8 raising of taxes, or to repeal or detract from other9 wise applicable limitations on the remedial powers of

10 the courts.

11 ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In

12 any civil action with respect to prison conditions, to

13 the extent otherwise authorized by law, the court

14 may enter a temporary restraining order or an order

15 for preliminary injunctive relief. Preliminary injunc16 tive relief must be narrowly drawn, extend no fur17 ther than necessary to correct the harm the court

18 finds requires preliminary relief, and be the least in19 trusive means necessary to correct that harm. The

20 court shall give substantial weight to any adverse

21 impact on public safety or the operation of a crimi22 nal justice system caused by the preliminary relief

23 and shall respect the principles of comity set out in

24 paragraph (1)(B) in tailoring any preliminary relief.

25 Preliminary injunctive relief shall automatically ex-
155

S 1594 RS

1 pire on the date that is 90 days after its entry, un2 less the court makes the findings required under

3 subsection (a)(1) for the entry of prospective relief

4 and makes the order final before the expiration of

5 the 90-day period.

6 ‘‘(3) PRISONER RELEASE ORDER.—(A) In any

7 civil action with respect to prison conditions, no pris8 oner release order shall be entered unless—

9 ‘‘(i) a court has previously entered an

10 order for less intrusive relief that has failed to

11 remedy the deprivation of the Federal right

12 sought to be remedied through the prisoner re13 lease order; and

14 ‘‘(ii) the defendant has had a reasonable

15 amount of time to comply with the previous

16 court orders.

17 ‘‘(B) In any civil action in Federal court with

18 respect to prison conditions, a prisoner release order

19 shall be entered only by a three-judge court in ac20 cordance with section 2284 of title 28, if the require21 ments of subparagraph (E) have been met.

22 ‘‘(C) A party seeking a prisoner release order in

23 Federal court shall file with any request for such re24 lief, a request for a three-judge court and materials
156

S 1594 RS

1 sufficient to demonstrate that the requirements of

2 subparagraph (A) have been met.

3 ‘‘(D) If the requirements under subparagraph

4 (A) have been met, a Federal judge before whom a

5 civil action with respect to prison conditions is pend6 ing who believes that a prison release order should

7 be considered may sua sponte request the convening

8 of a three-judge court to determine whether a pris9 oner release order should be entered.

10 ‘‘(E) The three-judge court shall enter a pris11 oner release order only if the court finds by clear

12 and convincing evidence that—

13 ‘‘(i) crowding is the primary cause of the

14 violation of a Federal right; and

15 ‘‘(ii) no other relief will remedy the viola16 tion of the Federal right.

17 ‘‘(F) Any State or local official or unit of gov18 ernment whose jurisdiction or function includes the

19 appropriation of funds for the construction, oper20 ation, or maintenance of program facilities, or the

21 prosecution or custody of persons who may be re22 leased from, or not admitted to, a prison as a result

23 of a prisoner release order shall have standing to op24 pose the imposition or continuation in effect of such

25 relief and to seek termination of such relief, and
157

S 1594 RS

1 shall have the right to intervene in any proceeding

2 relating to such relief.

3 ‘‘(b) TERMINATION OF RELIEF.—

4 ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—

5 (A) In any civil action with respect to prison condi6 tions in which prospective relief is ordered, such re7 lief shall be terminable upon the motion of any party

8 or intervener—

9 ‘‘(i) 2 years after the date the court grant10 ed or approved the prospective relief;

11 ‘‘(ii) 1 year after the date the court has

12 entered an order denying termination of pro13 spective relief under this paragraph; or

14 ‘‘(iii) in the case of an order issued on or

15 before the date of enactment of the Prison Liti16 gation Reform Act, 2 years after such date of

17 enactment.

18 ‘‘(B) Nothing in this section shall prevent the

19 parties from agreeing to terminate or modify relief

20 before the relief is terminated under subparagraph

21 (A).

22 ‘‘(2) IMMEDIATE TERMINATION OF PROSPEC23 TIVE RELIEF.—In any civil action with respect to

24 prison conditions, a defendant or intervener shall be

25 entitled to the immediate termination of any pro-
158

S 1594 RS

1 spective relief if the relief was approved or granted

2 in the absence of a finding by the court that the re3 lief is narrowly drawn, extends no further than nec4 essary to correct the violation of the Federal right,

5 and is the least intrusive means necessary to correct

6 the violation of the Federal right.

7 ‘‘(3) LIMITATION.—Prospective relief shall not

8 terminate if the court makes written findings based

9 on the record that prospective relief remains nec10 essary to correct a current or ongoing violation of

11 the Federal right, extends no further than necessary

12 to correct the violation of the Federal right, and

13 that the prospective relief is narrowly drawn and the

14 least intrusive means to correct the violation.

15 ‘‘(4) TERMINATION OR MODIFICATION OF RE16 LIEF.—Nothing in this section shall prevent any

17 party or intervener from seeking modification or ter18 mination before the relief is terminable under para19 graph (1) or (2), to the extent that modification or

20 termination would otherwise be legally permissible.

21 ‘‘(c) SETTLEMENTS.—

22 ‘‘(1) CONSENT DECREES.—In any civil action

23 with respect to prison conditions, the court shall not

24 enter or approve a consent decree unless it complies
159

S 1594 RS

1 with the limitations on relief set forth in subsection

2 (a).

3 ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—

4 (A) Nothing in this section shall preclude parties

5 from entering into a private settlement agreement

6 that does not comply with the limitations on relief

7 set forth in subsection (a), if the terms of that

8 agreement are not subject to court enforcement

9 other than the reinstatement of the civil proceeding

10 that the agreement settled.

11 ‘‘(B) Nothing in this section shall preclude any

12 party claiming that a private settlement agreement

13 has been breached from seeking in State court any

14 remedy available under State law.

15 ‘‘(d) STATE LAW REMEDIES.—The limitations on

16 remedies in this section shall not apply to relief entered

17 by a State court based solely upon claims arising under

18 State law.

19 ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PRO20 SPECTIVE RELIEF.—

21 ‘‘(1) GENERALLY.—The court shall promptly

22 rule on any motion to modify or terminate prospec23 tive relief in a civil action with respect to prison con24 ditions.
160

S 1594 RS

1 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

2 subject to a pending motion shall be automatically

3 stayed during the period—

4 ‘‘(A)(i) beginning on the 30th day after

5 such motion is filed, in the case of a motion

6 made under paragraph (1) or (2) of subsection

7 (b); or

8 ‘‘(ii) beginning on the 180th day after such

9 motion is filed, in the case of a motion made

10 under any other law; and

11 ‘‘(B) ending on the date the court enters

12 a final order ruling on the motion.

13 ‘‘(f) SPECIAL MASTERS.—

14 ‘‘(1) IN GENERAL.—(A) In any civil action in a

15 Federal court with respect to prison conditions, the

16 court may appoint a special master who shall be dis17 interested and objective and who will give due regard

18 to the public safety, to conduct hearings on the

19 record and prepare proposed findings of fact.

20 ‘‘(B) The court shall appoint a special master

21 under this subsection during the remedial phase of

22 the action only upon a finding that the remedial

23 phase will be sufficiently complex to warrant the ap24 pointment.
161

S 1594 RS

1 ‘‘(2) APPOINTMENT.—(A) If the court deter2 mines that the appointment of a special master is

3 necessary, the court shall request that the defendant

4 institution and the plaintiff each submit a list of not

5 more than 5 persons to serve as a special master.

6 ‘‘(B) Each party shall have the opportunity to

7 remove up to 3 persons from the opposing party’s

8 list.

9 ‘‘(C) The court shall select the master from the

10 persons remaining on the list after the operation of

11 subparagraph (B).

12 ‘‘(3) INTERLOCUTORY APPEAL.—Any party

13 shall have the right to an interlocutory appeal of the

14 judge’s selection of the special master under this

15 subsection, on the ground of partiality.

16 ‘‘(4) COMPENSATION.—The compensation to be

17 allowed to a special master under this section shall

18 be based on an hourly rate not greater than the

19 hourly rate established under section 3006A for pay20 ment of court-appointed counsel, plus costs reason21 ably incurred by the special master. Such compensa22 tion and costs shall be paid with funds appropriated

23 to the Judiciary.

24 ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In

25 any civil action with respect to prison conditions in
162

S 1594 RS

1 which a special master is appointed under this sub2 section, the court shall review the appointment of

3 the special master every 6 months to determine

4 whether the services of the special master continue

5 to be required under paragraph (1). In no event

6 shall the appointment of a special master extend be7 yond the termination of the relief.

8 ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—

9 A special master appointed under this subsection—

10 ‘‘(A) may be authorized by a court to con11 duct hearings and prepare proposed findings of

12 fact, which shall be made on the record;

13 ‘‘(B) shall not make any findings or com14 munications ex parte;

15 ‘‘(C) may be authorized by a court to as16 sist in the development of remedial plans; and

17 ‘‘(D) may be removed at any time, but

18 shall be relieved of the appointment upon the

19 termination of relief.

20 ‘‘(g) DEFINITIONS.—As used in this section—

21 ‘‘(1) the term ‘consent decree’ means any relief

22 entered by the court that is based in whole or in

23 part upon the consent or acquiescence of the parties

24 but does not include private settlements;
163

S 1594 RS

1 ‘‘(2) the term ‘civil action with respect to prison

2 conditions’ means any civil proceeding arising under

3 Federal law with respect to the conditions of con4 finement or the effects of actions by government of5 ficials on the lives of persons confined in prison, but

6 does not include habeas corpus proceedings challeng7 ing the fact or duration of confinement in prison;

8 ‘‘(3) the term ‘prisoner’ means any person sub9 ject to incarceration, detention, or admission to any

10 facility who is accused of, convicted of, sentenced

11 for, or adjudicated delinquent for, violations of

12 criminal law or the terms and conditions of parole,

13 probation, pretrial release, or diversionary program;

14 ‘‘(4) the term ‘prisoner release order’ includes

15 any order, including a temporary restraining order

16 or preliminary injunctive relief, that has the purpose

17 or effect of reducing or limiting the prison popu18 lation, or that directs the release from or

19 nonadmission of prisoners to a prison;

20 ‘‘(5) the term ‘prison’ means any Federal,

21 State, or local facility that incarcerates or detains

22 juveniles or adults accused of, convicted of, sen23 tenced for, or adjudicated delinquent for, violations

24 of criminal law;
164

S 1594 RS

1 ‘‘(6) the term ‘private settlement agreement’

2 means an agreement entered into among the parties

3 that is not subject to judicial enforcement other than

4 the reinstatement of the civil proceeding that the

5 agreement settled;

6 ‘‘(7) the term ‘prospective relief’ means all re7 lief other than compensatory monetary damages;

8 ‘‘(8) the term ‘special master’ means any per9 son appointed by a Federal court pursuant to Rule

10 53 of the Federal Rules of Civil Procedure or pursu11 ant to any inherent power of the court to exercise

12 the powers of a master, regardless of the title or de13 scription given by the court; and

14 ‘‘(9) the term ‘relief’ means all relief in any

15 form that may be granted or approved by the court,

16 and includes consent decrees but does not include

17 private settlement agreements.’’.

18 (b) APPLICATION OF AMENDMENT.—

19 (1) IN GENERAL.—Section 3626 of title 18,

20 United States Code, as amended by this section,

21 shall apply with respect to all prospective relief

22 whether such relief was originally granted or ap23 proved before, on, or after the date of the enactment

24 of this title.
165

S 1594 RS

1 (2) TECHNICAL AMENDMENT.—Subsections (b)

2 and (d) of section 20409 of the Violent Crime Con3 trol and Law Enforcement Act of 1994 are repealed.

4 (c) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of subchapter C of chapter 229 of title

6 18, United States Code, is amended to read as follows:

‘‘3626. Appropriate remedies with respect to prison conditions.’’.

7 SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU8 TIONALIZED PERSONS ACT.

9 (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of

10 the Civil Rights of Institutionalized Persons Act (42

11 U.S.C. 1997a(c)) (referred to in this section as the ‘‘Act’’)

12 is amended to read as follows:

13 ‘‘(c) The Attorney General shall personally sign any

14 complaint filed pursuant to this section.’’.

15 (b) CERTIFICATION REQUIREMENTS.—Section 4 of

16 the Act (42 U.S.C. 1997b) is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘he’’ each place it appears

19 and inserting ‘‘the Attorney General’’; and

20 (B) by striking ‘‘his’’ and inserting ‘‘the

21 Attorney General’s’’; and

22 (2) by amending subsection (b) to read as fol23 lows:

24 ‘‘(b) The Attorney General shall personally sign any

25 certification made pursuant to this section.’’.
166

S 1594 RS

1 (c) INTERVENTION IN ACTIONS.—Section 5 of the

2 Act (42 U.S.C. 1997c) is amended—

3 (1) in subsection (b)—

4 (A) in paragraph (1), by striking ‘‘he’’

5 each place it appears and inserting ‘‘the Attor6 ney General’’; and

7 (B) by amending paragraph (2) to read as

8 follows:

9 ‘‘(2) The Attorney General shall personally sign any

10 certification made pursuant to this section.’’; and

11 (2) by amending subsection (c) to read as fol12 lows:

13 ‘‘(c) The Attorney General shall personally sign any

14 motion to intervene made pursuant to this section.’’.

15 (d) SUITS BY PRISONERS.—Section 7 of the Act (42

16 U.S.C. 1997e) is amended to read as follows:

17 ‘‘SEC. 7. SUITS BY PRISONERS.

18 ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM19 EDIES.—No action shall be brought with respect to prison

20 conditions under section 1979 of the Revised Statutes of

21 the United States (42 U.S.C. 1983), or any other Federal

22 law, by a prisoner confined in any jail, prison, or other

23 correctional facility until such administrative remedies as

24 are available are exhausted.
167

S 1594 RS

1 ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO

2 ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure

3 of a State to adopt or adhere to an administrative griev4 ance procedure shall not constitute the basis for an action

5 under section 3 or 5 of this Act.

6 ‘‘(c) DISMISSAL.—(1) The court shall on its own mo7 tion or on the motion of a party dismiss any action

8 brought with respect to prison conditions under section

9 1979 of the Revised Statutes of the United States (42

10 U.S.C. 1983), or any other Federal law, by a prisoner con11 fined in any jail, prison, or other correctional facility if

12 the court is satisfied that the action is frivolous, malicious,

13 fails to state a claim upon which relief can be granted,

14 or seeks monetary relief from a defendant who is immune

15 from such relief.

16 ‘‘(2) In the event that a claim is, on its face, frivolous,

17 malicious, fails to state a claim upon which relief can be

18 granted, or seeks monetary relief from a defendant who

19 is immune from such relief, the court may dismiss the un20 derlying claim without first requiring the exhaustion of ad21 ministrative remedies.

22 ‘‘(d) ATTORNEY’S FEES.—(1) In any action brought

23 by a prisoner who is confined to any jail, prison, or other

24 correctional facility, in which attorney’s fees are author25 ized under section 2 of the Revised Statutes of the United
168

S 1594 RS

1 States (42 U.S.C. 1988), such fees shall not be awarded,

2 except to the extent that—

3 ‘‘(A) the fee was directly and reasonably in4 curred in proving an actual violation of the plain5 tiff’s rights protected by a statute pursuant to which

6 a fee may be awarded under section 2 of the Revised

7 Statutes; and

8 ‘‘(B)(i) the amount of the fee is proportionately

9 related to the court ordered relief for the violation;

10 or

11 ‘‘(ii) the fee was directly and reasonably in12 curred in enforcing the relief ordered for the viola13 tion.

14 ‘‘(2) Whenever a monetary judgment is awarded in

15 an action described in paragraph (1), a portion of the

16 judgment (not to exceed 25 percent) shall be applied to

17 satisfy the amount of attorney’s fees awarded against the

18 defendant. If the award of attorney’s fees is not greater

19 than 150 percent of the judgment, the excess shall be paid

20 by the defendant.

21 ‘‘(3) No award of attorney’s fees in an action de22 scribed in paragraph (1) shall be based on an hourly rate

23 greater than 150 percent of the hourly rate established

24 under section 3006A of title 18, United States Code, for

25 payment of court-appointed counsel.
169

S 1594 RS

1 ‘‘(4) Nothing in this subsection shall prohibit a pris2 oner from entering into an agreement to pay an attorney’s

3 fee in an amount greater than the amount authorized

4 under this subsection, if the fee is paid by the individual

5 rather than by the defendant pursuant to section 2 of the

6 Revised Statutes of the United States (42 U.S.C. 1988).

7 ‘‘(e) LIMITATION ON RECOVERY.—No Federal civil

8 action may be brought by a prisoner confined in a jail,

9 prison, or other correctional facility, for mental or emo10 tional injury suffered while in custody without a prior

11 showing of physical injury.

12 ‘‘(f) HEARINGS.—(1) To the extent practicable, in

13 any action brought with respect to prison conditions in

14 Federal court pursuant to section 1979 of the Revised

15 Statutes of the United States (42 U.S.C. 1983), or any

16 other Federal law, by a prisoner confined in any jail, pris17 on, or other correctional facility, pretrial proceedings in

18 which the prisoner’s participation is required or permitted

19 shall be conducted by telephone, video conference, or other

20 telecommunications technology without removing the pris21 oner from the facility in which the prisoner is confined.

22 ‘‘(2) Subject to the agreement of the official of the

23 Federal, State, or local unit of government with custody

24 over the prisoner, hearings may be conducted at the facil25 ity in which the prisoner is confined. To the extent prac-
170

S 1594 RS

1 ticable, the court shall allow counsel to participate by tele2 phone, video conference, or other communications tech3 nology in any hearing held at the facility.

4 ‘‘(g) WAIVER OF REPLY.—(1) Any defendant may

5 waive the right to reply to any action brought by a pris6 oner confined in any jail, prison, or other correctional fa7 cility under section 1979 of the Revised Statutes of the

8 United States (42 U.S.C. 1983) or any other Federal law.

9 Notwithstanding any other law or rule of procedure, such

10 waiver shall not constitute an admission of the allegations

11 contained in the complaint. No relief shall be granted to

12 the plaintiff unless a reply has been filed.

13 ‘‘(2) The court may require any defendant to reply

14 to a complaint brought under this section if it finds that

15 the plaintiff has a reasonable opportunity to prevail on the

16 merits.

17 ‘‘(h) DEFINITION.—As used in this section, the term

18 ‘prisoner’ means any person incarcerated or detained in

19 any facility who is accused of, convicted of, sentenced for,

20 or adjudicated delinquent for, violations of criminal law

21 or the terms and conditions of parole, probation, pretrial

22 release, or diversionary program.’’.

23 (e) REPORT TO CONGRESS.—Section 8 of the Act (42

24 U.S.C. 1997f) is amended by striking ‘‘his report’’ and

25 inserting ‘‘the report’’.
171

S 1594 RS

1 (f) NOTICE TO FEDERAL DEPARTMENTS.—Section

2 10 of the Act (42 U.S.C. 1997h) is amended—

3 (1) by striking ‘‘his action’’ and inserting ‘‘the

4 action’’; and

5 (2) by striking ‘‘he is satisfied’’ and inserting

6 ‘‘the Attorney General is satisfied’’.

7 SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

8 (a) FILING FEES.—Section 1915 of title 28, United

9 States Code, is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘(a) Any’’ and inserting

12 ‘‘(a)(1) Subject to subsection (b), any’’;

13 (B) by striking ‘‘and costs’’;

14 (C) by striking ‘‘makes affidavit’’ and in15 serting ‘‘submits an affidavit that includes a

16 statement of all assets such prisoner possesses’’;

17 (D) by striking ‘‘such costs’’ and inserting

18 ‘‘such fees’’;

19 (E) by striking ‘‘he’’ each place it appears

20 and inserting ‘‘the person’’;

21 (F) by adding immediately after paragraph

22 (1), the following new paragraph:

23 ‘‘(2) A prisoner seeking to bring a civil action or ap24 peal a judgment in a civil action or proceeding without

25 prepayment of fees or security therefor, in addition to fil-
172

S 1594 RS

1 ing the affidavit filed under paragraph (1), shall submit

2 a certified copy of the trust fund account statement (or

3 institutional equivalent) for the prisoner for the 6-month

4 period immediately preceding the filing of the complaint

5 or notice of appeal, obtained from the appropriate official

6 of each prison at which the prisoner is or was confined.’’;

7 and

8 (G) by striking ‘‘An appeal’’ and inserting

9 ‘‘(3) An appeal’’;

10 (2) by redesignating subsections (b), (c), (d),

11 and (e) as subsections (c), (d), (e), and (f), respec12 tively;

13 (3) by inserting after subsection (a) the follow14 ing new subsection:

15 ‘‘(b)(1) Notwithstanding subsection (a), if a prisoner

16 brings a civil action or files an appeal in forma pauperis,

17 the prisoner shall be required to pay the full amount of

18 a filing fee. The court shall assess and, when funds exist,

19 collect, as a partial payment of any court fees required

20 by law, an initial partial filing fee of 20 percent of the

21 greater of—

22 ‘‘(A) the average monthly deposits to the pris23 oner’s account; or

24 ‘‘(B) the average monthly balance in the pris25 oner’s account for the 6-month period immediately
173

S 1594 RS

1 preceding the filing of the complaint or notice of ap2 peal.

3 ‘‘(2) After payment of the initial partial filing fee,

4 the prisoner shall be required to make monthly payments

5 of 20 percent of the preceding month’s income credited

6 to the prisoner’s account. The agency having custody of

7 the prisoner shall forward payments from the prisoner’s

8 account to the clerk of the court each time the amount

9 in the account exceeds $10 until the filing fees are paid.

10 ‘‘(3) In no event shall the filing fee collected exceed

11 the amount of fees permitted by statute for the commence12 ment of a civil action or an appeal of a civil action or

13 criminal judgment.

14 ‘‘(4) In no event shall a prisoner be prohibited from

15 bringing a civil action or appealing a civil or criminal judg16 ment for the reason that the prisoner has no assets and

17 no means by which to pay the initial partial filing fee.’’;

18 (4) in subsection (c), as redesignated by para19 graph (2), by striking ‘‘subsection (a) of this sec20 tion’’ and inserting ‘‘subsections (a) and (b) and the

21 prepayment of any partial filing fee as may be re22 quired under subsection (b)’’; and

23 (5) by amending subsection (e), as redesignated

24 by paragraph (2), to read as follows:
174

S 1594 RS

1 ‘‘(e)(1) The court may request an attorney to rep2 resent any person unable to afford counsel.

3 ‘‘(2) Notwithstanding any filing fee, or any portion

4 thereof, that may have been paid, the court shall dismiss

5 the case at any time if the court determines that—

6 ‘‘(A) the allegation of poverty is untrue; or

7 ‘‘(B) the action or appeal—

8 ‘‘(i) is frivolous or malicious;

9 ‘‘(ii) fails to state a claim on which relief

10 may be granted; or

11 ‘‘(iii) seeks monetary relief against a de12 fendant who is immune from such relief.’’.

13 (b) EXCEPTION TO DISCHARGE OF DEBT IN BANK14 RUPTCY PROCEEDING.—Section 523(a) of title 11, United

15 States Code, is amended—

16 (1) in paragraph (16), by striking the period at

17 the end and inserting ‘‘; or’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(17) for a fee imposed by a court for the filing

21 of a case, motion, complaint, or appeal, or for other

22 costs and expenses assessed with respect to such fil23 ing, regardless of an assertion of poverty by the

24 debtor under section 1915 (b) or (f) of title 28, or
175

S 1594 RS

1 the debtor’s status as a prisoner, as defined in sec2 tion 1915(h) of title 28.’’.

3 (c) COSTS.—Section 1915(f) of title 28, United

4 States Code (as redesignated by subsection (a)(2)), is

5 amended—

6 (1) by striking ‘‘(f) Judgment’’ and inserting

7 ‘‘(f)(1) Judgment’’;

8 (2) by striking ‘‘cases’’ and inserting ‘‘proceed9 ings’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(2)(A) If the judgment against a prisoner includes

13 the payment of costs under this subsection, the prisoner

14 shall be required to pay the full amount of the costs or15 dered.

16 ‘‘(B) The prisoner shall be required to make pay17 ments for costs under this subsection in the same manner

18 as is provided for filing fees under subsection (a)(2).

19 ‘‘(C) In no event shall the costs collected exceed the

20 amount of the costs ordered by the court.’’.

21 (d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,

22 United States Code, is amended by adding at the end the

23 following new subsection:

24 ‘‘(g) In no event shall a prisoner bring a civil action

25 or appeal a judgment in a civil action or proceeding under
176

S 1594 RS

1 this section if the prisoner has, on 3 or more prior occa2 sions, while incarcerated or detained in any facility,

3 brought an action or appeal in a court of the United

4 States that was dismissed on the grounds that it is frivo5 lous, malicious, or fails to state a claim upon which relief

6 may be granted, unless the prisoner is under imminent

7 danger of serious physical injury.’’.

8 (e) DEFINITION.—Section 1915 of title 28, United

9 States Code, is amended by adding at the end the follow10 ing new subsection:

11 ‘‘(h) As used in this section, the term ‘prisoner’

12 means any person incarcerated or detained in any facility

13 who is accused of, convicted of, sentenced for, or adju14 dicated delinquent for, violations of criminal law or the

15 terms and conditions of parole, probation, pretrial release,

16 or diversionary program.’’.

17 SEC. 805. JUDICIAL SCREENING.

18 (a) IN GENERAL.—Chapter 123 of title 28, United

19 States Code, is amended by inserting after section 1915

20 the following new section:

21 ‘‘§ 1915A. Screening

22 ‘‘(a) SCREENING.—The court shall review, before

23 docketing, if feasible or, in any event, as soon as prac24 ticable after docketing, a complaint in a civil action in
177

S 1594 RS

1 which a prisoner seeks redress from a governmental entity

2 or officer or employee of a governmental entity.

3 ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the

4 court shall identify cognizable claims or dismiss the com5 plaint, or any portion of the complaint, if the complaint—

6 ‘‘(1) is frivolous, malicious, or fails to state a

7 claim upon which relief may be granted; or

8 ‘‘(2) seeks monetary relief from a defendant

9 who is immune from such relief.

10 ‘‘(c) DEFINITION.—As used in this section, the term

11 ‘prisoner’ means any person incarcerated or detained in

12 any facility who is accused of, convicted of, sentenced for,

13 or adjudicated delinquent for, violations of criminal law

14 or the terms and conditions of parole, probation, pretrial

15 release, or diversionary program.’’.

16 (b) TECHNICAL AMENDMENT.—The analysis for

17 chapter 123 of title 28, United States Code, is amended

18 by inserting after the item relating to section 1915 the

19 following new item:

‘‘1915A. Screening.’’.

20 SEC. 806. FEDERAL TORT CLAIMS.

21 Section 1346(b) of title 28, United States Code, is

22 amended—

23 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;

24 and

25 (2) by adding at the end the following:
178

S 1594 RS

1 ‘‘(2) No person convicted of a felony who is incarcer2 ated while awaiting sentencing or while serving a sentence

3 may bring a civil action against the United States or an

4 agency, officer, or employee of the Government, for mental

5 or emotional injury suffered while in custody without a

6 prior showing of physical injury.’’.

7 SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION

8 OF PENDING RESTITUTION ORDERS.

9 Any compensatory damages awarded to a prisoner in

10 connection with a civil action brought against any Federal,

11 State, or local jail, prison, or correctional facility or

12 against any official or agent of such jail, prison, or correc13 tional facility, shall be paid directly to satisfy any out14 standing restitution orders pending against the prisoner.

15 The remainder of any such award after full payment of

16 all pending restitution orders shall be forwarded to the

17 prisoner.

18 SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE

19 AWARD.

20 Prior to payment of any compensatory damages

21 awarded to a prisoner in connection with a civil action

22 brought against any Federal, State, or local jail, prison,

23 or correctional facility or against any official or agent of

24 such jail, prison, or correctional facility, reasonable efforts

25 shall be made to notify the victims of the crime for which
179

S 1594 RS

1 the prisoner was convicted and incarcerated concerning

2 the pending payment of any such compensatory damages.

3 SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CRED4 IT REVOCATION.

5 (a) IN GENERAL.—Chapter 123 of title 28, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 1932. Revocation of earned release credit

9 ‘‘In any civil action brought by an adult convicted of

10 a crime and confined in a Federal correctional facility, the

11 court may order the revocation of such earned good time

12 credit under section 3624(b) of title 18, United States

13 Code, that has not yet vested, if, on its own motion or

14 the motion of any party, the court finds that—

15 ‘‘(1) the claim was filed for a malicious pur16 pose;

17 ‘‘(2) the claim was filed solely to harass the

18 party against which it was filed; or

19 ‘‘(3) the claimant testifies falsely or otherwise

20 knowingly presents false evidence or information to

21 the court.’’.

22 (b) TECHNICAL AMENDMENT.—The analysis for

23 chapter 123 of title 28, United States Code, is amended

24 by inserting after the item relating to section 1931 the

25 following:

‘‘1932. Revocation of earned release credit.’’.
180

S 1594 RS

1 (c) AMENDMENT OF SECTION 3624 OF TITLE 18.—

2 Section 3624(b) of title 18, United States Code, is amend3 ed—

4 (1) in paragraph (1)—

5 (A) by striking the first sentence;

6 (B) in the second sentence—

7 (i) by striking ‘‘A prisoner’’ and in8 serting ‘‘Subject to paragraph (2), a pris9 oner’’;

10 (ii) by striking ‘‘for a crime of vio11 lence,’’; and

12 (iii) by striking ‘‘such’’;

13 (C) in the third sentence, by striking ‘‘If

14 the Bureau’’ and inserting ‘‘Subject to para15 graph (2), if the Bureau’’;

16 (D) by striking the fourth sentence and in17 serting the following: ‘‘In awarding credit under

18 this section, the Bureau shall consider whether

19 the prisoner, during the relevant period, has

20 earned, or is making satisfactory progress to21 ward earning, a high school diploma or an

22 equivalent degree.’’; and

23 (E) in the sixth sentence, by striking

24 ‘‘Credit for the last’’ and inserting ‘‘Subject to

25 paragraph (2), credit for the last’’; and
181

S 1594 RS

1 (2) by amending paragraph (2) to read as fol2 lows:

3 ‘‘(2) Notwithstanding any other law, credit

4 awarded under this subsection after the date of en5 actment of the Prison Litigation Reform Act shall

6 vest on the date the prisoner is released from cus7 tody.’’.

8 SEC. 810. SEVERABILITY.

9 If any provision of this title, an amendment made by

10 this title, or the application of such provision or amend11 ment to any person or circumstance is held to be unconsti12 tutional, the remainder of this title, the amendments made

13 by this title, and the application of the provisions of such

14 to any person or circumstance shall not be affected there15 by.

16 This Act may be cited as the ‘‘Departments of Com17 merce, Justice, and State, the Judiciary, and Related

18 Agencies Appropriations Act, 1996.’’.

19 (b) Such amounts as may be necessary for programs,

20 projects or activities provided for in the District of Colum21 bia Appropriations Act, 1996 at a rate of operations and

22 to the extent and in the manner provided as follows, to

23 be effective as if it had been enacted into law as the regu24 lar appropriations Act:
182

S 1594 RS

1 AN ACT

2 Making appropriations for the government of the Dis3 trict of Columbia and other activities chargeable in whole

4 or in part against the revenues of said District for the

5 fiscal year ending September 30, 1996, and for other pur6 poses.

7 TITLE I—FISCAL YEAR 1996 APPROPRIATIONS

8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

9 For payment to the District of Columbia for the fiscal

10 year ending September 30, 1996, $660,000,000, as au11 thorized by section 502(a) of the District of Columbia

12 Self-Government and Governmental Reorganization Act,

13 Public Law 93–198, as amended (D.C. Code, sec. 47–

14 3406.1).

15 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

16 For the Federal contribution to the Police Officers

17 and Fire Fighters’, Teachers’, and Judges’ Retirement

18 Funds, as authorized by the District of Columbia Retire19 ment Reform Act, approved November 17, 1979 (93 Stat.

20 866; Public Law 96–122), $52,070,000.

21 FEDERAL CONTRIBUTION FOR EDUCATION REFORM

22 For a Federal contribution to Education Reform,

23 $14,930,000 which shall be deposited into an escrow ac24 count of the District of Columbia Financial Responsibility

25 and Management Assistance Authority, pursuant to sec-
183

S 1594 RS

1 tion 205 of Public Law 104–8, approved April 17, 1995

2 (109 Stat. 131), and shall be disbursed from such account

3 pursuant to the instructions of the Authority and in ac4 cordance with title II of this Act, where applicable, as fol5 lows:

6 $200,000 shall be available for payments to charter

7 schools;

8 $300,000 shall be available for the Public Charter

9 School Board;

10 $2,000,000 shall be transferred directly, notwith11 standing any other provision of law, to the United States

12 Department of Education for awarding grants to carry out

13 Even Start programs in the District of Columbia as pro14 vided for in Subtitle C of title II of this Act;

15 $1,250,000 shall be available to establish core cur16 riculum, content standards, and assessments;

17 $500,000 shall be available for payment to the Ad18 ministrator of the General Services Administration for the

19 costs of developing engineering plans for donated work on

20 District of Columbia public school facilities;

21 $100,000 shall be available to develop a plan for a

22 residential school;

23 $860,000 shall be available for the District Education

24 and Learning Technologies Advancement Council;
184

S 1594 RS

1 $1,450,000 shall be available to the District Employ2 ment and Learning Center;

3 $1,000,000 shall be available for a professional devel4 opment program for teachers and administrators adminis5 tered by the nonprofit corporation selected under section

6 2701 of title II of this Act;

7 $1,450,000 shall be available for the Jobs for D.C.

8 Graduates Program;

9 $70,000 shall be available for the Everybody Wins

10 program: Provided, That $35,000 of this amount shall not

11 be available until the Superintendent certifies to the

12 Chairman of the District of Columbia Financial Respon13 sibility and Management Assistance Authority that he has

14 raised a like amount from private sources;

15 $100,000 shall be available for the Fit Kids program:

16 Provided, That $50,000 of this amount shall not be avail17 able until the Superintendent certifies to the Chairman of

18 the District of Columbia Financial Responsibility and

19 Management Assistance Authority that he has raised a

20 like amount from private sources;

21 $400,000 shall be available to the District of Colum22 bia Public Schools to improve security (such as installing

23 electronic door locking devices) at such schools, including

24 at a minimum the following schools: Winston Education
185

S 1594 RS

1 Center; McKinley High School; Ballou High School; and

2 Cardozo High School; and

3 $5,250,000 shall be available pursuant to a plan de4 veloped by the Superintendent of the District of Columbia

5 Public Schools, in consultation with public and private en6 tities, for repair, modernization, maintenance and plan7 ning consistent with subtitle A and subtitle F of title II

8 of this Act, the August 14, 1995 recommendations of the

9 ‘‘Superintendent’s Task Force on Education Infrastruc10 ture for the 21st Century’’ and the June 13, 1995 ‘‘Accel11 erating Education Reform in the District of Columbia:

12 Building on BESST’’: Provided, That not more than

13 $250,000 of this amount may be available for planning:

14 Provided further, That these funds shall be available for

15 repair, modernization, maintenance of classroom build16 ings: Provided further, That these funds shall remain

17 available until expended.

18 DIVISION OF EXPENSES

19 The following amounts are appropriated for the Dis20 trict of Columbia for the current fiscal year out of the

21 general fund of the District of Columbia, except as other22 wise specifically provided.

23 GOVERNMENTAL DIRECTION AND SUPPORT

24 Governmental direction and support, $149,130,000

25 and 1,498 full-time equivalent positions (end of year) (in-
186

S 1594 RS

1 cluding $117,464,000 and 1,158 full-time equivalent posi2 tions from local funds, $2,464,000 and 5 full-time equiva3 lent positions from Federal funds, $4,474,000 and 71 full4 time equivalent positions from other funds, and

5 $24,728,000 and 264 full-time equivalent positions from

6 intra-District funds): Provided, That not to exceed $2,500

7 for the Mayor, $2,500 for the Chairman of the Council

8 of the District of Columbia, and $2,500 for the City Ad9 ministrator shall be available from this appropriation for

10 expenditures for official purposes: Provided further, That

11 any program fees collected from the issuance of debt shall

12 be available for the payment of expenses of the debt man13 agement program of the District of Columbia: Provided

14 further, That no revenues from Federal sources shall be

15 used to support the operations or activities of the State16 hood Commission and Statehood Compact Commission:

17 Provided further, That the District of Columbia shall iden18 tify the sources of funding for Admission to Statehood

19 from its own locally-generated revenues: Provided further,

20 That $29,500,000 is for pay-as-you-go capital projects of

21 which $1,500,000 shall be for a capital needs assessment

22 study, and $28,000,000 shall be for a new financial man23 agement system, if so determined following the evaluation

24 and review process subsequently described in this para25 graph, of which $2,000,000 shall be used to develop a
187

S 1594 RS

1 needs analysis and assessment of the existing financial

2 management environment, and the remaining

3 $26,000,000 shall be used to procure the necessary hard4 ware and installation of new software, conversion, testing

5 and training: Provided further, That the $26,000,000 shall

6 not be obligated or expended until: (1) the District of Co7 lumbia Financial Responsibility and Management Assist8 ance Authority submits a report to the Committees on Ap9 propriations of the House and the Senate, the Committee

10 on Governmental Reform and Oversight of the House, and

11 the Committee on Governmental Affairs of the Senate re12 porting the results of a needs analysis and assessment of

13 the existing financial management environment, specifying

14 the deficiencies in, and recommending necessary improve15 ments to or replacement of the District’s financial man16 agement system including a detailed explanation of each

17 recommendation and its estimated cost; and (2) 30 days

18 lapse after receipt of the report by Congress.

19 ECONOMIC DEVELOPMENT AND REGULATION

20 Economic development and regulation, $140,983,000

21 and 1,692 full-time equivalent positions (end-of-year) (in22 cluding $68,203,000 and 698 full-time equivalent posi23 tions from local funds, $38,792,000 and 509 full-time

24 equivalent positions from Federal funds, $17,658,000 and

25 258 full-time equivalent positions from other funds, and
188

S 1594 RS

1 $16,330,000 and 227 full-time equivalent positions from

2 intra-District funds): Provided, That the District of Co3 lumbia Housing Finance Agency, established by section

4 201 of the District of Columbia Housing Finance Agency

5 Act, effective March 3, 1979 (D.C. Law 2–135; D.C.

6 Code, sec. 45–2111), based upon its capability of repay7 ments as determined each year by the Council of the Dis8 trict of Columbia from the Housing Finance Agency’s an9 nual audited financial statements to the Council of the

10 District of Columbia, shall repay to the general fund an

11 amount equal to the appropriated administrative costs

12 plus interest at a rate of four percent per annum for a

13 term of 15 years, with a deferral of payments for the first

14 three years: Provided further, That notwithstanding the

15 foregoing provision, the obligation to repay all or part of

16 the amounts due shall be subject to the rights of the own17 ers of any bonds or notes issued by the Housing Finance

18 Agency and shall be repaid to the District of Columbia

19 government only from available operating revenues of the

20 Housing Finance Agency that are in excess of the amounts

21 required for debt service, reserve funds, and operating ex22 penses: Provided further, That upon commencement of the

23 debt service payments, such payments shall be deposited

24 into the general fund of the District of Columbia.
189

S 1594 RS

1 PUBLIC SAFETY AND JUSTICE

2 Public safety and justice, including purchase of 135

3 passenger-carrying vehicles for replacement only, includ4 ing 130 for police-type use and five for fire-type use, with5 out regard to the general purchase price limitation for the

6 current fiscal year, $963,848,000 and 11,544 full-time

7 equivalent positions (end-of-year) (including $940,631,000

8 and 11,365 full-time equivalent positions from local funds,

9 $8,942,000 and 70 full-time equivalent positions from

10 Federal funds, $5,160,000 and 4 full-time equivalent posi11 tions from other funds, and $9,115,000 and 105 full-time

12 equivalent positions from intra-District funds): Provided,

13 That the Metropolitan Police Department is authorized to

14 replace not to exceed 25 passenger-carrying vehicles and

15 the Fire Department of the District of Columbia is au16 thorized to replace not to exceed five passenger-carrying

17 vehicles annually whenever the cost of repair to any dam18 aged vehicle exceeds three-fourths of the cost of the re19 placement: Provided further, That not to exceed $500,000

20 shall be available from this appropriation for the Chief of

21 Police for the prevention and detection of crime: Provided

22 further, That the Metropolitan Police Department shall

23 provide quarterly reports to the Committees on Appropria24 tions of the House and Senate on efforts to increase effi25 ciency and improve the professionalism in the department:
190

S 1594 RS

1 Provided further, That notwithstanding any other provi2 sion of law, or Mayor’s Order 86–45, issued March 18,

3 1986, the Metropolitan Police Department’s delegated

4 small purchase authority shall be $500,000: Provided fur5 ther, That the District of Columbia government may not

6 require the Metropolitan Police Department to submit to

7 any other procurement review process, or to obtain the ap8 proval of or be restricted in any manner by any official

9 or employee of the District of Columbia government, for

10 purchases that do not exceed $500,000: Provided further,

11 That $250,000 is used for the Georgetown Summer De12 tail; $200,000 is used for East of the River Detail;

13 $100,000 is used for Adams Morgan Detail; and $100,000

14 is used for the Capitol Hill Summer Detail: Provided fur15 ther, That the Metropolitan Police Department shall em16 ploy an authorized level of sworn officers not to be less

17 than 3,800 sworn officers for the fiscal year ending Sep18 tember 30, 1996: Provided further, That funds appro19 priated for expenses under the District of Columbia Crimi20 nal Justice Act, approved September 3, 1974 (88 Stat.

21 1090; Public Law 93–412; D.C. Code, sec. 11–2601 et

22 seq.), for the fiscal year ending September 30, 1996, shall

23 be available for obligations incurred under the Act in each

24 fiscal year since inception in the fiscal year 1975: Provided

25 further, That funds appropriated for expenses under the
191

S 1594 RS

1 District of Columbia Neglect Representation Equity Act

2 of 1984, effective March 13, 1985 (D.C. Law 5–129; D.C.

3 Code, sec. 16–2304), for the fiscal year ending September

4 30, 1996, shall be available for obligations incurred under

5 the Act in each fiscal year since inception in the fiscal

6 year 1985: Provided further, That funds appropriated for

7 expenses under the District of Columbia Guardianship,

8 Protective Proceedings, and Durable Power of Attorney

9 Act of 1986, effective February 27, 1987 (D.C. Law 6–

10 204; D.C. Code, sec. 21–2060), for the fiscal year ending

11 September 30, 1996, shall be available for obligations in12 curred under the Act in each fiscal year since inception

13 in fiscal year 1989: Provided further, That not to exceed

14 $1,500 for the Chief Judge of the District of Columbia

15 Court of Appeals, $1,500 for the Chief Judge of the Supe16 rior Court of the District of Columbia, and $1,500 for the

17 Executive Officer of the District of Columbia Courts shall

18 be available from this appropriation for official purposes:

19 Provided further, That the District of Columbia shall oper20 ate and maintain a free, 24-hour telephone information

21 service whereby residents of the area surrounding Lorton

22 prison in Fairfax County, Virginia, can promptly obtain

23 information from District of Columbia government offi24 cials on all disturbances at the prison, including escapes,

25 riots, and similar incidents: Provided further, That the
192

S 1594 RS

1 District of Columbia government shall also take steps to

2 publicize the availability of the 24-hour telephone informa3 tion service among the residents of the area surrounding

4 the Lorton prison: Provided further, That not to exceed

5 $100,000 of this appropriation shall be used to reimburse

6 Fairfax County, Virginia, and Prince William County, Vir7 ginia, for expenses incurred by the counties during the fis8 cal year ending September 30, 1996, in relation to the

9 Lorton prison complex: Provided further, That such reim10 bursements shall be paid in all instances in which the Dis11 trict requests the counties to provide police, fire, rescue,

12 and related services to help deal with escapes, fires, riots,

13 and similar disturbances involving the prison: Provided

14 further, That the Mayor shall reimburse the District of

15 Columbia National Guard for expenses incurred in connec16 tion with services that are performed in emergencies by

17 the National Guard in a militia status and are requested

18 by the Mayor, in amounts that shall be jointly determined

19 and certified as due and payable for these services by the

20 Mayor and the Commanding General of the District of Co21 lumbia National Guard: Provided further, That such sums

22 as may be necessary for reimbursement to the District of

23 Columbia National Guard under the preceding proviso

24 shall be available from this appropriation, and the avail-
193

S 1594 RS

1 ability of the sums shall be deemed as constituting pay2 ment in advance for emergency services involved.

3 PUBLIC EDUCATION SYSTEM

4 Public education system, including the development

5 of national defense education programs, $795,201,000

6 and 11,670 full-time equivalent positions (end-of-year)

7 (including $676,251,000 and 9,996 full-time equivalent

8 positions from local funds, $87,385,000 and 1,227 full9 time equivalent positions from Federal funds,

10 $21,719,000 and 234 full-time equivalent positions from

11 other funds, and $9,846,000 and 213 full-time equivalent

12 positions from intra-District funds), to be allocated as fol13 lows: $580,996,000 and 10,167 full-time equivalent posi14 tions (including $498,310,000 and 9,014 full-time equiva15 lent positions from local funds $75,786,000 and 1,058

16 full-time equivalent positions from Federal funds,

17 $4,343,000 and 44 full-time equivalent positions from

18 other funds, and $2,557,000 and 51 full-time equivalent

19 positions from intra-District funds), for the public schools

20 of the District of Columbia; $111,800,000 (including

21 $111,000,000 from local funds and $800,000 from intra22 District funds) shall be allocated for the District of Co23 lumbia Teachers’ Retirement Fund; $79,396,000 and

24 1,079 full-time equivalent positions (including

25 $45,377,000 and 572 full-time equivalent positions from
194

S 1594 RS

1 local funds, $10,611,000 and 156 full-time equivalent po2 sitions from Federal funds, $16,922,000 and 189 full-time

3 equivalent positions from other funds, and $6,486,000 and

4 162 full-time equivalent positions from intra-District

5 funds) for the University of the District of Columbia;

6 $20,742,000 and 415 full-time equivalent positions (in7 cluding $19,839,000 and 408 full-time equivalent posi8 tions from local funds, $446,000 and 6 full-time equiva9 lent positions from Federal funds, $454,000 and 1 full10 time equivalent position from other funds, and $3,000

11 from intra-District funds) for the Public Library;

12 $2,267,000 and 9 full-time equivalent positions (including

13 $1,725,000 and 2 full-time equivalent positions from local

14 funds and $542,000 and 7 full-time equivalent positions

15 from Federal funds) for the Commission on the Arts and

16 Humanities: Provided, That the public schools of the Dis17 trict of Columbia are authorized to accept not to exceed

18 31 motor vehicles for exclusive use in the driver education

19 program: Provided further, That not to exceed $2,500 for

20 the Superintendent of Schools, $2,500 for the President

21 of the University of the District of Columbia, and $2,000

22 for the Public Librarian shall be available from this appro23 priation for expenditures for official purposes: Provided

24 further, That this appropriation shall not be available to

25 subsidize the education of nonresidents of the District of
195

S 1594 RS

1 Columbia at the University of the District of Columbia,

2 unless the Board of Trustees of the University of the Dis3 trict of Columbia adopts, for the fiscal year ending Sep4 tember 30, 1996, a tuition rate schedule that will establish

5 the tuition rate for nonresident students at a level no

6 lower than the nonresident tuition rate charged at com7 parable public institutions of higher education in the met8 ropolitan area.

9 EDUCATION REFORM

10 Education reform, $14,930,000, to be allocated as

11 follows:

12 $200,000 shall be available for payments to charter

13 schools as authorized under Subtitle B of title II of this

14 Act;

15 $300,000 shall be available for the Public Charter

16 School Board as authorized under Subtitle B of title II

17 of this Act;

18 $2,000,000 shall be transferred directly, notwith19 standing any other provision of law, to the United States

20 Department of Education for awarding grants to carry out

21 Even Start programs in the District of Columbia as pro22 vided for in Subtitle C of title II of this Act;

23 $1,250,000 shall be available to establish core cur24 riculum, content standards, and assessments as author25 ized under Subtitle D of title II of this Act;
196

S 1594 RS

1 $500,000 shall be available for payment to the Ad2 ministrator of the General Services Administration for the

3 costs of developing engineering plans for donated work on

4 District of Columbia public school facilities as authorized

5 under Subtitle F of title II of this Act;

6 $100,000 shall be available to develop a plan for a

7 residential school as authorized under Subtitle G of title

8 II of this Act;

9 $860,000 shall be available for the District Education

10 and Learning Technologies Advancement Council as au11 thorized under Subtitle I of title II of this Act;

12 $1,450,000 shall be available to the District Employ13 ment and Learning Center as authorized under Subtitle

14 I of title II of this Act;

15 $1,000,000 shall be available for a professional devel16 opment program for teachers and administrators adminis17 tered by the nonprofit corporation selected under section

18 2701 of title II of this Act as authorized under Subtitle

19 I of title II of this Act;

20 $1,450,000 shall be available for the Jobs for D.C.

21 Graduates Program as authorized under Subtitle I of title

22 II of this Act;

23 $70,000 shall be available for the Everybody Wins

24 program;

25 $100,000 shall be available for the Fit Kids program;
197

S 1594 RS

1 $400,000 shall be available to the District of Colum2 bia Public Schools to improve security (such as installing

3 electronic door locking devices) at such schools, including

4 at a minimum the following schools: Winston Education

5 Center; McKinley High School; Ballou High School; and

6 Cardozo High School; and

7 $5,250,000 shall be available pursuant to a plan de8 veloped by the Superintendent of the District of Columbia

9 Public Schools, in consultation with public and private en10 tities, for repair, modernization, maintenance and plan11 ning consistent with subtitle A and subtitle F of title II

12 of this Act, the August 14, 1995 recommendations of the

13 ‘‘Superintendent’s Task Force on Education Infrastruc14 ture for the 21st Century’’ and the June 13, 1995 ‘‘Accel15 erating Education Reform in the District of Columbia:

16 Building on BESST’’: Provided, That not more than

17 $250,000 of this amount may be available for planning:

18 Provided further, That these funds shall be available for

19 repair, modernization, maintenance of classroom build20 ings: Provided further, That these funds shall remain

21 available until expended:

22 Provided, That the District of Columbia government shall

23 enter into negotiations with Gallaudet University to trans24 fer, at a fair market value rate, Hamilton School from

25 the District of Columbia to Gallaudet University with the
198

S 1594 RS

1 proceeds, if such a sale takes place, deposited into the gen2 eral fund of the District and used to improve public school

3 facilities in the same ward as the Hamilton School.

4 HUMAN SUPPORT SERVICES

5 Human support services, $1,855,014,000 and 6,469

6 full-time equivalent positions (end-of-year) (including

7 $1,076,856,000 and 3,650 full-time equivalent positions

8 from local funds, $726,685,000 and 2,639 full-time equiv9 alent positions from Federal funds, $46,799,000 and 66

10 full-time equivalent positions from other funds, and

11 $4,674,000 and 114 full-time equivalent positions from

12 intra-District funds): Provided, That $26,000,000 of this

13 appropriation, to remain available until expended, shall be

14 available solely for District of Columbia employees’ dis15 ability compensation: Provided further, That the District

16 shall not provide free government services such as water,

17 sewer, solid waste disposal or collection, utilities, mainte18 nance, repairs, or similar services to any legally con19 stituted private nonprofit organization (as defined in sec20 tion 411(5) of Public Law 100–77, approved July 22,

21 1987) providing emergency shelter services in the District,

22 if the District would not be qualified to receive reimburse23 ment pursuant to the Stewart B. McKinney Homeless As24 sistance Act, approved July 22, 1987 (101 Stat. 485; Pub25 lic Law 100–77; 42 U.S.C. 11301 et seq.).
199

S 1594 RS

1 PUBLIC WORKS

2 Public works, including rental of one passenger-car3 rying vehicle for use by the Mayor and three passenger4 carrying vehicles for use by the Council of the District of

5 Columbia and purchase of passenger-carrying vehicles for

6 replacement only, $297,568,000 and 1,914 full-time equiv7 alent positions (end-of-year) (including $225,915,000 and

8 1,158 full-time equivalent positions from local funds,

9 $2,682,000 and 32 full-time equivalent positions from

10 Federal funds, $18,342,000 and 68 full-time equivalent

11 positions from other funds, and $50,629,000 and 656 full12 time equivalent positions from intra-District funds): Pro13 vided, That this appropriation shall not be available for

14 collecting ashes or miscellaneous refuse from hotels and

15 places of business.

16 WASHINGTON CONVENTION CENTER FUND TRANSFER

17 PAYMENT

18 For payment to the Washington Convention Center

19 Enterprise Fund, $5,400,000 from local funds.

20 REPAYMENT OF LOANS AND INTEREST

21 For reimbursement to the United States of funds

22 loaned in compliance with An Act to provide for the estab23 lishment of a modern, adequate, and efficient hospital cen24 ter in the District of Columbia, approved August 7, 1946

25 (60 Stat. 896; Public Law 79–648); section 1 of An Act
200

S 1594 RS

1 to authorize the Commissioners of the District of Colum2 bia to borrow funds for capital improvement programs and

3 to amend provisions of law relating to Federal Govern4 ment participation in meeting costs of maintaining the

5 Nation’s Capital City, approved June 6, 1958 (72 Stat.

6 183; Public Law 85–451; D.C. Code, sec. 9–219); section

7 4 of An Act to authorize the Commissioners of the District

8 of Columbia to plan, construct, operate, and maintain a

9 sanitary sewer to connect the Dulles International Airport

10 with the District of Columbia system, approved June 12,

11 1960 (74 Stat. 211; Public Law 86–515); sections 723

12 and 743(f) of the District of Columbia Self-Government

13 and Governmental Reorganization Act of 1973, approved

14 December 24, 1973, as amended (87 Stat. 821; Public

15 Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.

16 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

17 including interest as required thereby, $327,787,000 from

18 local funds.

19 REPAYMENT OF GENERAL FUND RECOVERY DEBT

20 For the purpose of eliminating the $331,589,000

21 general fund accumulated deficit as of September 30,

22 1990, $38,678,000 from local funds, as authorized by sec23 tion 461(a) of the District of Columbia Self-Government

24 and Governmental Reorganization Act, approved Decem-
201

S 1594 RS

1 ber 24, 1973, as amended (105 Stat. 540; Public Law

2 102–106; D.C. Code, sec. 47–321(a)).

3 REPAYMENT OF INTEREST ON SHORT-TERM BORROWING

4 For repayment of interest on short-term borrowing,

5 $9,698,000 from local funds.

6 PAY RENEGOTIATION OR REDUCTION IN COMPENSATION

7 The Mayor shall reduce appropriations and expendi8 tures for personal services in the amount of $46,409,000,

9 by decreasing rates of compensation for District govern10 ment employees; such decreased rates are to be realized

11 from employees who are subject to collective bargaining

12 agreements to the extent possible through the renegoti13 ation of existing collective bargaining agreements: Pro14 vided, That, if a sufficient reduction from employees who

15 are subject to collective bargaining agreements is not real16 ized through renegotiating existing agreements, the Mayor

17 shall decrease rates of compensation for such employees,

18 notwithstanding the provisions of any collective bargaining

19 agreements: Provided further, That the Congress hereby

20 ratifies and approves legislation enacted by the Council of

21 the District of Columbia during fiscal year 1995 to reduce

22 the compensation and benefits of all employees of the Dis23 trict of Columbia government during that fiscal year: Pro24 vided further, That notwithstanding any other provision of

25 law, the legislation enacted by the Council of the District
202

S 1594 RS

1 of Columbia during fiscal year 1995 to reduce the com2 pensation and benefits of all employees of the District of

3 Columbia government during that fiscal year shall be

4 deemed to have been ratified and approved by the Con5 gress during fiscal year 1995.

6 RAINY DAY FUND

7 For mandatory unavoidable expenditures within one

8 or several of the various appropriation headings of this

9 Act, to be allocated to the budgets for personal services

10 and nonpersonal services as requested by the Mayor and

11 approved by the Council pursuant to the procedures in sec12 tion 4 of the Reprogramming Policy Act of 1980, effective

13 September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.

14 47–363), $4,563,000 from local funds: Provided, That the

15 District of Columbia shall provide to the Committees on

16 Appropriations of the House of Representatives and the

17 Senate quarterly reports by the 15th day of the month

18 following the end of the quarter showing how monies pro19 vided under this fund are expended with a final report pro20 viding a full accounting of the fund due October 15, 1996

21 or not later than 15 days after the last amount remaining

22 in the fund is disbursed.

23 INCENTIVE BUYOUT PROGRAM

24 For the purpose of funding costs associated with the

25 incentive buyout program, to be apportioned by the Mayor
203

S 1594 RS

1 of the District of Columbia within the various appropria2 tion headings in this Act from which costs are properly

3 payable, $19,000,000.

4 OUTPLACEMENT SERVICES

5 For the purpose of funding outplacement services for

6 employees who leave the District of Columbia government

7 involuntarily, $1,500,000.

8 BOARDS AND COMMISSIONS

9 The Mayor shall reduce appropriations and expendi10 tures for boards and commissions under the various head11 ings in this Act in the amount of $500,000.

12 GOVERNMENT RE-ENGINEERING PROGRAM

13 The Mayor shall reduce appropriations and expendi14 tures for personal and nonpersonal services in the amount

15 of $16,000,000 within one or several of the various appro16 priation headings in this Act.

17 CAPITAL OUTLAY

18 (INCLUDING RESCISSIONS)

19 For construction projects, $168,222,000 (including

20 $82,850,000 from local funds and $85,372,000 from Fed21 eral funds), as authorized by An Act authorizing the lay22 ing of water mains and service sewers in the District of

23 Columbia, the levying of assessments therefor, and for

24 other purposes, approved April 22, 1904 (33 Stat. 244;

25 Public Law 58–140; D.C. Code, secs. 43–1512 through
204

S 1594 RS

1 43–1519); the District of Columbia Public Works Act of

2 1954, approved May 18, 1954 (68 Stat. 101; Public Law

3 83–364); An Act to authorize the Commissioners of the

4 District of Columbia to borrow funds for capital improve5 ment programs and to amend provisions of law relating

6 to Federal Government participation in meeting costs of

7 maintaining the Nation’s Capital City, approved June 6,

8 1958 (72 Stat. 183; Public Law 85–451; including acqui9 sition of sites, preparation of plans and specifications, con10 ducting preliminary surveys, erection of structures, includ11 ing building improvement and alteration and treatment of

12 grounds, to remain available until expended: Provided,

13 That $105,660,000 from local funds appropriated under

14 this heading in prior fiscal years is rescinded: Provided

15 further, That funds for use of each capital project imple16 menting agency shall be managed and controlled in ac17 cordance with all procedures and limitations established

18 under the Financial Management System: Provided fur19 ther, That all funds provided by this appropriation title

20 shall be available only for the specific projects and pur21 poses intended: Provided further, That notwithstanding

22 the foregoing, all authorizations for capital outlay

23 projects, except those projects covered by the first sen24 tence of section 23(a) of the Federal-Aid Highway Act of

25 1968, approved August 23, 1968 (82 Stat. 827; Public
205

S 1594 RS

1 Law 90–495; D.C. Code, sec. 7–134, note), for which

2 funds are provided by this appropriation title, shall expire

3 on September 30, 1997, except authorizations for projects

4 as to which funds have been obligated in whole or in part

5 prior to September 30, 1997: Provided further, That upon

6 expiration of any such project authorization the funds pro7 vided herein for the project shall lapse.

8 WATER AND SEWER ENTERPRISE FUND

9 For the Water and Sewer Enterprise Fund,

10 $242,253,000 and 1,024 full-time equivalent positions

11 (end-of-year) (including $237,076,000 and 924 full-time

12 equivalent positions from local funds, $433,000 from other

13 funds, and $4,744,000 and 100 full-time equivalent posi14 tions from intra-District funds), of which $41,036,000

15 shall be apportioned and payable to the debt service fund

16 for repayment of loans and interest incurred for capital

17 improvement projects.

18 For construction projects, $39,477,000 from Federal

19 funds, as authorized by An Act authorizing the laying of

20 water mains and service sewers in the District of Colum21 bia, the levying of assessments therefor, and for other pur22 poses, approved April 22, 1904 (33 Stat. 244; Public Law

23 58–140; D.C. Code, sec. 43–1512 et seq.): Provided, That

24 the requirements and restrictions that are applicable to

25 general fund capital improvement projects and set forth
206

S 1594 RS

1 in this Act under the Capital Outlay appropriation title

2 shall apply to projects approved under this appropriation

3 title.

4 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

5 For the Lottery and Charitable Games Enterprise

6 Fund, established by the District of Columbia Appropria7 tion Act for the fiscal year ending September 30, 1982,

8 approved December 4, 1981 (95 Stat. 1174, 1175; Public

9 Law 97–91), as amended, for the purpose of implementing

10 the Law to Legalize Lotteries, Daily Numbers Games, and

11 Bingo and Raffles for Charitable Purposes in the District

12 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

13 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

14 $229,950,000 and 88 full-time equivalent positions (end15 of-year) (including $7,950,000 and 88 full-time equivalent

16 positions for administrative expenses and $222,000,000

17 for non-administrative expenses from revenue generated

18 by the Lottery Board), to be derived from non-Federal

19 District of Columbia revenues: Provided, That the District

20 of Columbia shall identify the source of funding for this

21 appropriation title from the District’s own locally-gen22 erated revenues: Provided further, That no revenues from

23 Federal sources shall be used to support the operations

24 or activities of the Lottery and Charitable Games Control

25 Board.
207

S 1594 RS

1 CABLE TELEVISION ENTERPRISE FUND

2 For the Cable Television Enterprise Fund, estab3 lished by the Cable Television Communications Act of

4 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

5 Code, sec. 43–1801 et seq.), $2,351,000 and 8 full-time

6 equivalent positions (end-of-year) (including $2,019,000

7 and 8 full-time equivalent positions from local funds and

8 $332,000 from other funds), of which $572,000 shall be

9 transferred to the general fund of the District of Colum10 bia.

11 STARPLEX FUND

12 For the Starplex Fund, $6,580,000 from other funds

13 for the expenses incurred by the Armory Board in the ex14 ercise of its powers granted by An Act To Establish A

15 District of Columbia Armory Board, and for other pur16 poses, approved June 4, 1948 (62 Stat. 339; D.C. Code,

17 sec. 2–301 et seq.) and the District of Columbia Stadium

18 Act of 1957, approved September 7, 1957 (71 Stat. 619;

19 Public Law 85–300; D.C. Code, sec. 2–321 et seq.): Pro20 vided, That the Mayor shall submit a budget for the Ar21 mory Board for the forthcoming fiscal year as required

22 by section 442(b) of the District of Columbia Self-Govern23 ment and Governmental Reorganization Act, approved De24 cember 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

25 Code, sec. 47–301(b)).
208

S 1594 RS

1 D.C. GENERAL HOSPITAL

2 For the District of Columbia General Hospital, estab3 lished by Reorganization Order No. 57 of the Board of

4 Commissioners, effective August 15, 1953, $115,034,000,

5 of which $56,735,000 shall be derived by transfer as intra6 District funds from the general fund, $52,684,000 is to

7 be derived from the other funds, and $5,615,000 is to be

8 derived from intra-District funds.

9 D.C. RETIREMENT BOARD

10 For the D.C. Retirement Board, established by sec11 tion 121 of the District of Columbia Retirement Reform

12 Act of 1989, approved November 17, 1989 (93 Stat. 866;

13 D.C. Code, sec. 1–711), $13,440,000 and 11 full-time

14 equivalent positions (end-of-year) from the earnings of the

15 applicable retirement funds to pay legal, management, in16 vestment, and other fees and administrative expenses of

17 the District of Columbia Retirement Board: Provided,

18 That the District of Columbia Retirement Board shall pro19 vide to the Congress and to the Council of the District

20 of Columbia a quarterly report of the allocations of

21 charges by fund and of expenditures of all funds: Provided

22 further, That the District of Columbia Retirement Board

23 shall provide the Mayor, for transmittal to the Council of

24 the District of Columbia, an item accounting of the

25 planned use of appropriated funds in time for each annual
209

S 1594 RS

1 budget submission and the actual use of such funds in

2 time for each annual audited financial report.

3 CORRECTIONAL INDUSTRIES FUND

4 For the Correctional Industries Fund, established by

5 the District of Columbia Correctional Industries Estab6 lishment Act, approved October 3, 1964 (78 Stat. 1000;

7 Public Law 88–622), $10,516,000 and 66 full-time equiv8 alent positions (end-of-year) (including $3,415,000 and 22

9 full-time equivalent positions from other funds and

10 $7,101,000 and 44 full-time equivalent positions from

11 intra-District funds).

12 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

13 For the Washington Convention Center Enterprise

14 Fund, $37,957,000, of which $5,400,000 shall be derived

15 by transfer from the general fund.

16 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

17 AND MANAGEMENT ASSISTANCE AUTHORITY

18 For the District of Columbia Financial Responsibility

19 and Management Assistance Authority, established by sec20 tion 101(a) of the District of Columbia Financial Respon21 sibility and Management Assistance Act of 1995, approved

22 April 17, 1995 (109 Stat. 97; Public Law 104–8),

23 $3,500,000.
210

S 1594 RS

1 PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

2 Notwithstanding any other provision of law, the Chief

3 Financial Officer established under section 302 of Public

4 Law 104–8, approved April 17, 1995 (109 Stat. 142)

5 shall, on behalf of the Mayor, adjust appropriations and

6 expenditures for personal and nonpersonal services, to7 gether with the related full-time equivalent positions, in

8 accordance with the direction of the District of Columbia

9 Financial Responsibility and Management Assistance Au10 thority such that there is a net reduction of $165,837,000,

11 within or among one or several of the various appropria12 tion headings in this Act, pursuant to section 208 of Pub13 lic Law 104–8, approved April 17, 1995 (109 Stat. 134).

14 GENERAL PROVISIONS

15 SEC. 101. The expenditure of any appropriation

16 under this Act for any consulting service through procure17 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

18 to those contracts where such expenditures are a matter

19 of public record and available for public inspection, except

20 where otherwise provided under existing law, or under ex21 isting Executive order issued pursuant to existing law.

22 SEC. 102. Except as otherwise provided in this Act,

23 all vouchers covering expenditures of appropriations con24 tained in this Act shall be audited before payment by the

25 designated certifying official and the vouchers as approved
211

S 1594 RS

1 shall be paid by checks issued by the designated disbursing

2 official.

3 SEC. 103. Whenever in this Act, an amount is speci4 fied within an appropriation for particular purposes or ob5 jects of expenditure, such amount, unless otherwise speci6 fied, shall be considered as the maximum amount that

7 may be expended for said purpose or object rather than

8 an amount set apart exclusively therefor.

9 SEC. 104. Appropriations in this Act shall be avail10 able, when authorized by the Mayor, for allowances for

11 privately owned automobiles and motorcycles used for the

12 performance of official duties at rates established by the

13 Mayor: Provided, That such rates shall not exceed the

14 maximum prevailing rates for such vehicles as prescribed

15 in the Federal Property Management Regulations 101–7

16 (Federal Travel Regulations).

17 SEC. 105. Appropriations in this Act shall be avail18 able for expenses of travel and for the payment of dues

19 of organizations concerned with the work of the District

20 of Columbia government, when authorized by the Mayor:

21 Provided, That the Council of the District of Columbia

22 and the District of Columbia Courts may expend such

23 funds without authorization by the Mayor.

24 SEC. 106. There are appropriated from the applicable

25 funds of the District of Columbia such sums as may be
212

S 1594 RS

1 necessary for making refunds and for the payment of

2 judgments that have been entered against the District of

3 Columbia government: Provided, That nothing contained

4 in this section shall be construed as modifying or affecting

5 the provisions of section 11(c)(3) of title XII of the Dis6 trict of Columbia Income and Franchise Tax Act of 1947,

7 approved March 31, 1956 (70 Stat. 78; Public Law 84–

8 460; D.C. Code, sec. 47–1812.11(c)(3)).

9 SEC. 107. Appropriations in this Act shall be avail10 able for the payment of public assistance without reference

11 to the requirement of section 544 of the District of Colum12 bia Public Assistance Act of 1982, effective April 6, 1982

13 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the

14 non-Federal share of funds necessary to qualify for Fed15 eral assistance under the Juvenile Delinquency Prevention

16 and Control Act of 1968, approved July 31, 1968 (82

17 Stat. 462; Public Law 90–445, 42 U.S.C. 3801 et seq.).

18 SEC. 108. No part of any appropriation contained in

19 this Act shall remain available for obligation beyond the

20 current fiscal year unless expressly so provided herein.

21 SEC. 109. No funds appropriated in this Act for the

22 District of Columbia government for the operation of edu23 cational institutions, the compensation of personnel, or for

24 other educational purposes may be used to permit, encour25 age, facilitate, or further partisan political activities.
213

S 1594 RS

1 Nothing herein is intended to prohibit the availability of

2 school buildings for the use of any community or partisan

3 political group during non-school hours.

4 SEC. 110. The annual budget for the District of Co5 lumbia government for the fiscal year ending September

6 30, 1997, shall be transmitted to the Congress no later

7 than April 15, 1996 or as provided for under the provi8 sions of Public Law 104–8, approved April 17, 1995.

9 SEC. 111. None of the funds appropriated in this Act

10 shall be made available to pay the salary of any employee

11 of the District of Columbia government whose name, title,

12 grade, salary, past work experience, and salary history are

13 not available for inspection by the House and Senate Com14 mittees on Appropriations, the House Committee on Gov15 ernment Reform and Oversight, District of Columbia Sub16 committee, the Subcommittee on Oversight of Government

17 Management, of the Senate Committee on Governmental

18 Affairs, and the Council of the District of Columbia, or

19 their duly authorized representative: Provided, That none

20 of the funds contained in this Act shall be made available

21 to pay the salary of any employee of the District of Colum22 bia government whose name and salary are not available

23 for public inspection.

24 SEC. 112. There are appropriated from the applicable

25 funds of the District of Columbia such sums as may be
214

S 1594 RS

1 necessary for making payments authorized by the District

2 of Columbia Revenue Recovery Act of 1977, effective Sep3 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

4 421 et seq.).

5 SEC. 113. No part of this appropriation shall be used

6 for publicity or propaganda purposes or implementation

7 of any policy including boycott designed to support or de8 feat legislation pending before Congress or any State legis9 lature.

10 SEC. 114. At the start of the fiscal year, the Mayor

11 shall develop an annual plan, by quarter and by project,

12 for capital outlay borrowings: Provided, That within a rea13 sonable time after the close of each quarter, the Mayor

14 shall report to the Council of the District of Columbia and

15 the Congress the actual borrowings and spending progress

16 compared with projections.

17 SEC. 115. The Mayor shall not borrow any funds for

18 capital projects unless the Mayor has obtained prior ap19 proval from the Council of the District of Columbia, by

20 resolution, identifying the projects and amounts to be fi21 nanced with such borrowings.

22 SEC. 116. The Mayor shall not expend any moneys

23 borrowed for capital projects for the operating expenses

24 of the District of Columbia government.
215

S 1594 RS

1 SEC. 117. None of the funds appropriated by this Act

2 may be obligated or expended by reprogramming except

3 pursuant to advance approval of the reprogramming

4 granted according to the procedure set forth in the Joint

5 Explanatory Statement of the Committee of Conference

6 (House Report No. 96–443), which accompanied the Dis7 trict of Columbia Appropriation Act, 1980, approved Octo8 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi9 fied in House Report No. 98–265, and in accordance with

10 the Reprogramming Policy Act of 1980, effective Septem11 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

12 et seq.): Provided, That for the fiscal year ending Septem13 ber 30, 1996 the above shall apply except as modified by

14 Public Law 104–8.

15 SEC. 118. None of the Federal funds provided in this

16 Act shall be obligated or expended to provide a personal

17 cook, chauffeur, or other personal servants to any officer

18 or employee of the District of Columbia.

19 SEC. 119. None of the Federal Funds provided in this

20 Act shall be obligated or expended to procure passenger

21 automobiles as defined in the Automobile Fuel Efficiency

22 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

23 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ24 mental Protection Agency estimated miles per gallon aver25 age of less than 22 miles per gallon: Provided, That this
216

S 1594 RS

1 section shall not apply to security, emergency rescue, or

2 armored vehicles.

3 SEC. 120. (a) Notwithstanding section 422(7) of the

4 District of Columbia Self-Government and Governmental

5 Reorganization Act of 1973, approved December 24, 1973

6 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

7 242(7)), the City Administrator shall be paid, during any

8 fiscal year, a salary at a rate established by the Mayor,

9 not to exceed the rate established for level IV of the Exec10 utive Schedule under 5 U.S.C. 5315.

11 (b) For purposes of applying any provision of law lim12 iting the availability of funds for payment of salary or pay

13 in any fiscal year, the highest rate of pay established by

14 the Mayor under subsection (a) of this section for any po15 sition for any period during the last quarter of calendar

16 year 1995 shall be deemed to be the rate of pay payable

17 for that position for September 30, 1995.

18 (c) Notwithstanding section 4(a) of the District of

19 Columbia Redevelopment Act of 1945, approved August

20 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

21 sec. 5–803(a)), the Board of Directors of the District of

22 Columbia Redevelopment Land Agency shall be paid, dur23 ing any fiscal year, per diem compensation at a rate estab24 lished by the Mayor.
217

S 1594 RS

1 SEC. 121. Notwithstanding any other provisions of

2 law, the provisions of the District of Columbia Govern3 ment Comprehensive Merit Personnel Act of 1978, effec4 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

5 601.1 et seq.), enacted pursuant to section 422(3) of the

6 District of Columbia Self-Government and Governmental

7 Reorganization Act of 1973, approved December 24, 1973

8 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

9 242(3)), shall apply with respect to the compensation of

10 District of Columbia employees: Provided, That for pay

11 purposes, employees of the District of Columbia govern12 ment shall not be subject to the provisions of title 5 of

13 the United States Code.

14 SEC. 122. The Director of the Department of Admin15 istrative Services may pay rentals and repair, alter, and

16 improve rented premises, without regard to the provisions

17 of section 322 of the Economy Act of 1932 (Public Law

18 72–212; 40 U.S.C. 278a), upon a determination by the

19 Director, that by reason of circumstances set forth in such

20 determination, the payment of these rents and the execu21 tion of this work, without reference to the limitations of

22 section 322, is advantageous to the District in terms of

23 economy, efficiency, and the District’s best interest.

24 SEC. 123. No later than 30 days after the end of the

25 first quarter of the fiscal year ending September 30, 1996,
218

S 1594 RS

1 the Mayor of the District of Columbia shall submit to the

2 Council of the District of Columbia the new fiscal year

3 1996 revenue estimates as of the end of the first quarter

4 of fiscal year 1996. These estimates shall be used in the

5 budget request for the fiscal year ending September 30,

6 1997. The officially revised estimates at midyear shall be

7 used for the midyear report.

8 SEC. 124. No sole source contract with the District

9 of Columbia government or any agency thereof may be re10 newed or extended without opening that contract to the

11 competitive bidding process as set forth in section 303 of

12 the District of Columbia Procurement Practices Act of

13 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

14 Code, sec. 1–1183.3), except that the District of Columbia

15 Public Schools may renew or extend sole source contracts

16 for which competition is not feasible or practical, provided

17 that the determination as to whether to invoke the com18 petitive bidding process has been made in accordance with

19 duly promulgated Board of Education rules and proce20 dures.

21 SEC. 125. For purposes of the Balanced Budget and

22 Emergency Deficit Control Act of 1985, approved Decem23 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

24 amended, the term ‘‘program, project, and activity’’ shall

25 be synonymous with and refer specifically to each account
219

S 1594 RS

1 appropriating Federal funds in this Act, and any seques2 tration order shall be applied to each of the accounts rath3 er than to the aggregate total of those accounts: Provided,

4 That sequestration orders shall not be applied to any ac5 count that is specifically exempted from sequestration by

6 the Balanced Budget and Emergency Deficit Control Act

7 of 1985, approved December 12, 1985 (99 Stat. 1037;

8 Public Law 99–177), as amended.

9 SEC. 126. In the event a sequestration order is issued

10 pursuant to the Balanced Budget and Emergency Deficit

11 Control Act of 1985, approved December 12, 1985 (99

12 Stat. 1037: Public Law 99–177), as amended, after the

13 amounts appropriated to the District of Columbia for the

14 fiscal year involved have been paid to the District of Co15 lumbia, the Mayor of the District of Columbia shall pay

16 to the Secretary of the Treasury, within 15 days after re17 ceipt of a request therefor from the Secretary of the

18 Treasury, such amounts as are sequestered by the order:

19 Provided, That the sequestration percentage specified in

20 the order shall be applied proportionately to each of the

21 Federal appropriation accounts in this Act that are not

22 specifically exempted from sequestration by the Balanced

23 Budget and Emergency Deficit Control Act of 1985, ap24 proved December 12, 1985 (99 Stat. 1037; Public Law

25 99–177), as amended.
220

S 1594 RS

1 SEC. 127. For the fiscal year ending September 30,

2 1996, the District of Columbia shall pay interest on its

3 quarterly payments to the United States that are made

4 more than 60 days from the date of receipt of an itemized

5 statement from the Federal Bureau of Prisons of amounts

6 due for housing District of Columbia convicts in Federal

7 penitentiaries for the preceding quarter.

8 SEC. 128. Nothing in this Act shall be construed to

9 authorize any office, agency or entity to expend funds for

10 programs or functions for which a reorganization plan is

11 required but has not been approved by the Council pursu12 ant to section 422(12) of the District of Columbia Self13 Government and Governmental Reorganization Act of

14 1973, approved December 24, 1973 (87 Stat. 790; Public

15 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern16 mental Reorganization Procedures Act of 1981, effective

17 October 17, 1981 (D.C. Law 4–42; D.C. Code, sec. 1–

18 299.1 to 1–299.7). Appropriations made by this Act for

19 such programs or functions are conditioned on the ap20 proval by the Council, prior to October 1, 1995, of the

21 required reorganization plans.

22 SEC. 129. (a) An entity of the District of Columbia

23 government may accept and use a gift or donation during

24 fiscal year 1996 if—
221

S 1594 RS

1 (1) the Mayor approves the acceptance and use

2 of the gift or donation: Provided, That the Council

3 of the District of Columbia may accept and use gifts

4 without prior approval by the Mayor; and

5 (2) the entity uses the gift or donation to carry

6 out its authorized functions or duties.

7 (b) Each entity of the District of Columbia govern8 ment shall keep accurate and detailed records of the ac9 ceptance and use of any gift or donation under subsection

10 (a) of this section, and shall make such records available

11 for audit and public inspection.

12 (c) For the purposes of this section, the term ‘‘entity

13 of the District of Columbia government’’ includes an inde14 pendent agency of the District of Columbia.

15 (d) This section shall not apply to the District of Co16 lumbia Board of Education, which may, pursuant to the

17 laws and regulations of the District of Columbia, accept

18 and use gifts to the public schools without prior approval

19 by the Mayor.

20 SEC. 130. None of the Federal funds provided in this

21 Act may be used by the District of Columbia to provide

22 for salaries, expenses, or other costs associated with the

23 offices of United States Senator or United States Rep24 resentative under section 4(d) of the District of Columbia

25 Statehood Constitutional Convention Initiatives of 1979,
222

S 1594 RS

1 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

2 sec. 1–113(d)).

3 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

4 SEC. 131. None of the funds appropriated under this

5 Act shall be expended for any abortion except where the

6 life of the mother would be endangered if the fetus were

7 carried to term or where the pregnancy is the result of

8 an act of rape or incest.

9 PROHIBITION ON DOMESTIC PARTNERS ACT

10 SEC. 132. No funds made available pursuant to any

11 provision of this Act shall be used to implement or enforce

12 any system of registration of unmarried, cohabiting cou13 ples whether they are homosexual, lesbian, or hetero14 sexual, including but not limited to registration for the

15 purpose of extending employment, health, or governmental

16 benefits to such couples on the same basis that such bene17 fits are extended to legally married couples; nor shall any

18 funds made available pursuant to any provision of this Act

19 otherwise be used to implement or enforce D.C. Act 9–

20 188, signed by the Mayor of the District of Columbia on

21 April 15, 1992.
223

S 1594 RS

1 COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS2 ABILITIES AND TENURE AND FOR THE JUDICIAL

3 NOMINATION COMMISSION

4 SEC. 133. Sections 431(f) and 433(b)(5) of the Dis5 trict of Columbia Self-Government and Governmental Re6 organization Act, approved December 24, 1973 (87 Stat.

7 813; Public Law 93–198; D.C. Code, secs. 11–1524 and

8 title 11, App. 433), are amended to read as follows:

9 (a) Section 431(f) (D.C. Code, sec. 11–1524) is

10 amended to read as follows:

11 ‘‘(f) Members of the Tenure Commission shall serve

12 without compensation for services rendered in connection

13 with their official duties on the Commission.’’.

14 (b) Section 433(b)(5) (title 11, App. 433) is amended

15 to read as follows:

16 ‘‘(5) Members of the Commission shall serve without

17 compensation for services rendered in connection with

18 their official duties on the Commission.’’.

19 MULTIYEAR CONTRACTS

20 SEC. 134. Section 451 of the District of Columbia

21 Self-Government and Governmental Reorganization Act of

22 1973, approved December 24, 1973 (87 Stat. 803; Public

23 Law 93–198; D.C. Code, sec. 1–1130), is amended by

24 adding a new subsection (c) to read as follows:
224

S 1594 RS

1 ‘‘(c)(1) The District may enter into multiyear con2 tracts to obtain goods and services for which funds would

3 otherwise be available for obligation only within the fiscal

4 year for which appropriated.

5 ‘‘(2) If the funds are not made available for the con6 tinuation of such a contract into a subsequent fiscal year,

7 the contract shall be cancelled or terminated, and the cost

8 of cancellation or termination may be paid from—

9 ‘‘(A) appropriations originally available for the

10 performance of the contract concerned;

11 ‘‘(B) appropriations currently available for pro12 curement of the type of acquisition covered by the

13 contract, and not otherwise obligated; or

14 ‘‘(C) funds appropriated for those payments.

15 ‘‘(3) No contract entered into under this section shall

16 be valid unless the Mayor submits the contract to the

17 Council for its approval and the Council approves the con18 tract (in accordance with criteria established by act of the

19 Council). The Council shall be required to take affirmative

20 action to approve the contract within 45 days. If no action

21 is taken to approve the contract within 45 calendar days,

22 the contract shall be deemed disapproved.’’.
225

S 1594 RS

1 CALCULATED REAL PROPERTY TAX RATE RESCISSION

2 AND REAL PROPERTY TAX FREEZE

3 SEC. 135. The District of Columbia Real Property

4 Tax Revision Act of 1974, approved September 3, 1974

5 (88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend6 ed as follows:

7 (1) Section 412 (D.C. Code, sec. 47–812) is

8 amended as follows:

9 (A) Subsection (a) is amended by striking

10 the third and fourth sentences and inserting the

11 following sentences in their place: ‘‘If the Coun12 cil does extend the time for establishing the

13 rates of taxation on real property, it must es14 tablish those rates for the tax year by perma15 nent legislation. If the Council does not estab16 lish the rates of taxation of real property by Oc17 tober 15, and does not extend the time for es18 tablishing rates, the rates of taxation applied

19 for the prior year shall be the rates of taxation

20 applied during the tax year.’’.

21 (B) A new subsection (a–2) is added to

22 read as follows:

23 ‘‘(a–2) Notwithstanding the provisions of subsection

24 (a) of this section, the real property tax rates for taxable

25 real property in the District of Columbia for the tax year
226

S 1594 RS

1 beginning October 1, 1995, and ending September 30,

2 1996, shall be the same rates in effect for the tax year

3 beginning October 1, 1993, and ending September 30,

4 1994.’’.

5 (2) Section 413(c) (D.C. Code, sec. 47–815(c))

6 is repealed.

7 PRISONS INDUSTRIES

8 SEC. 136. Title 18 U.S.C. 1761(b) is amended by

9 striking the period at the end and inserting the phrase

10 ‘‘or not-for-profit organizations.’’ in its place.

11 REPORTS ON REDUCTIONS

12 SEC. 137. Within 120 days of the effective date of

13 this Act, the Mayor shall submit to the Congress and the

14 Council a report delineating the actions taken by the exec15 utive to effect the directives of the Council in this Act,

16 including—

17 (1) negotiations with representatives of collec18 tive bargaining units to reduce employee compensa19 tion;

20 (2) actions to restructure existing long-term

21 city debt;

22 (3) actions to apportion the spending reductions

23 anticipated by the directives of this Act to the execu24 tive for unallocated reductions; and
227

S 1594 RS

1 (4) a list of any position that is backfilled in2 cluding description, title, and salary of the position.

3 MONTHLY REPORTING REQUIREMENTS—BOARD OF

4 EDUCATION

5 SEC. 138. The Board of Education shall submit to

6 the Congress, Mayor, and Council of the District of Co7 lumbia no later than fifteen (15) calendar days after the

8 end of each month a report that sets forth—

9 (1) current month expenditures and obligations,

10 year-to-date expenditures and obligations, and total

11 fiscal year expenditure projections vs. budget broken

12 out on the basis of control center, responsibility cen13 ter, agency reporting code, and object class, and for

14 all funds, including capital financing;

15 (2) a breakdown of FTE positions and staff for

16 the most current pay period broken out on the basis

17 of control center, responsibility center, and agency

18 reporting code within each responsibility center, for

19 all funds, including capital funds;

20 (3) a list of each account for which spending is

21 frozen and the amount of funds frozen, broken out

22 by control center, responsibility center, detailed ob23 ject, and agency reporting code, and for all funding

24 sources;
228

S 1594 RS

1 (4) a list of all active contracts in excess of

2 $10,000 annually, which contains; the name of each

3 contractor; the budget to which the contract is

4 charged broken out on the basis of control center,

5 responsibility center, and agency reporting code; and

6 contract identifying codes used by the D.C. Public

7 Schools; payments made in the last month and year8 to-date, the total amount of the contract and total

9 payments made for the contract and any modifica10 tions, extensions, renewals; and specific modifica11 tions made to each contract in the last month;

12 (5) all reprogramming requests and reports

13 that are required to be, and have been, submitted to

14 the Board of Education; and

15 (6) changes made in the last month to the orga16 nizational structure of the D.C. Public Schools, dis17 playing previous and current control centers and re18 sponsibility centers, the names of the organizational

19 entities that have been changed, the name of the

20 staff member supervising each entity affected, and

21 the reasons for the structural change.

22 MONTHLY REPORTING REQUIREMENT

23 UNIVERSITY OF THE DISTRICT OF COLUMBIA

24 SEC. 139. The University of the District of Columbia

25 shall submit to the Congress, Mayor, and Council of the
229

S 1594 RS

1 District of Columbia no later than fifteen (15) calendar

2 days after the end of each month a report that sets

3 forth—

4 (1) current month expenditures and obligations,

5 year-to-date expenditures and obligations, and total

6 fiscal year expenditure projections vs. budget broken

7 out on the basis of control center, responsibility cen8 ter, and object class, and for all funds, including

9 capital financing;

10 (2) a breakdown of FTE positions and all em11 ployees for the most current pay period broken out

12 on the basis of control center and responsibility cen13 ter, for all funds, including capital funds;

14 (3) a list of each account for which spending is

15 frozen and the amount of funds frozen, broken out

16 by control center, responsibility center, detailed ob17 ject, and for all funding sources;

18 (4) a list of all active contracts in excess of

19 $10,000 annually, which contains: the name of each

20 contractor; the budget to which the contract is

21 charged broken out on the basis of control center

22 and responsibility center, and contract identifying

23 codes used by the University of the District of Co24 lumbia; payments made in the last month and year25 to-date, the total amount of the contract and total
230

S 1594 RS

1 payments made for the contract and any modifica2 tions, extensions, renewals; and specific modifica3 tions made to each contract in the last month;

4 (5) all reprogramming requests and reports

5 that have been made by the University of the Dis6 trict of Columbia within the last month in compli7 ance with applicable law; and

8 (6) changes in the last month to the organiza9 tional structure of the University of the District of

10 Columbia, displaying previous and current control

11 centers and responsibility centers, the names of the

12 organizational entities that have been changed, the

13 name of the staff member supervising each entity af14 fected, and the reasons for the structural change.

15 ANNUAL REPORTING REQUIREMENTS

16 SEC. 140. (a) The Board of Education of the District

17 of Columbia and the University of the District of Colum18 bia shall annually compile an accurate and verifiable re19 port on the positions and employees in the public school

20 system and the university, respectively. The annual report

21 shall set forth—

22 (1) the number of validated schedule A posi23 tions in the District of Columbia Public Schools and

24 the University of the District of Columbia for fiscal

25 year 1995, fiscal year 1996, and thereafter on full-
231

S 1594 RS

1 time equivalent basis, including a compilation of all

2 positions by control center, responsibility center,

3 funding source, position type, position title, pay

4 plan, grade, and annual salary; and

5 (2) a compilation of all employees in the Dis6 trict of Columbia Public Schools and the University

7 of the District of Columbia as of the preceding De8 cember 31, verified as to its accuracy in accordance

9 with the functions that each employee actually per10 forms, by control center, responsibility center, agen11 cy reporting code, program (including funding

12 source), activity, location for accounting purposes,

13 job title, grade and classification, annual salary, and

14 position control number.

15 (b) The annual report required by subsection (a) of

16 this section shall be submitted to the Congress, the Mayor

17 and Council of the District of Columbia, by not later than

18 February 8 of each year.

19 ANNUAL BUDGETS AND BUDGET REVISIONS

20 SEC. 141. (a) Not later than October 1, 1995, or

21 within 15 calendar days after the date of the enactment

22 of the District of Columbia Appropriations Act, 1996,

23 whichever occurs later, and each succeeding year, the

24 Board of Education and the University of the District of

25 Columbia shall submit to the Congress, the Mayor, and
232

S 1594 RS

1 Council of the District of Columbia, a revised appropriated

2 funds operating budget for the public school system and

3 the University of the District of Columbia for such fiscal

4 year that is in the total amount of the approved appropria5 tion and that realigns budgeted data for personal services

6 and other-than-personal services, respectively, with antici7 pated actual expenditures.

8 (b) The revised budget required by subsection (a) of

9 this section shall be submitted in the format of the budget

10 that the Board of Education and the University of the

11 District of Columbia submit to the Mayor of the District

12 of Columbia for inclusion in the Mayor’s budget submis13 sion to the Council of the District of Columbia pursuant

14 to section 442 of the District of Columbia Self-Govern15 ment and Governmental Reorganization Act, Public Law

16 93–198, as amended (D.C. Code, sec. 47–301).

17 BUDGET APPROVAL

18 SEC. 142. The Board of Education the Board of

19 Trustees of the University of the District of Columbia, the

20 Board of Library Trustees, and the Board of Governors

21 of the D.C. School of Law shall vote on and approve their

22 respective annual or revised budgets before submission to

23 the Mayor of the District of Columbia for inclusion in the

24 Mayor’s budget submission to the Council of the District

25 of Columbia in accordance with section 442 of the District
233

S 1594 RS

1 of Columbia Self-Government and Governmental Reorga2 nization Act, Public Law 93–198, as amended (D.C. Code,

3 sec. 47–301), or before submitting their respective budgets

4 directly to the Council.

5 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

6 SEC. 143. Notwithstanding any other provision of

7 law, rule, or regulation, the evaluation process and instru8 ments for evaluating District of Columbia Public Schools

9 employees shall be a non-negotiable item for collective bar10 gaining purposes.

11 POSITION VACANCIES

12 SEC. 144. (a) No agency, including an independent

13 agency, shall fill a position wholly funded by appropria14 tions authorized by this Act, which is vacant on October

15 1, 1995, or becomes vacant between October 1, 1995, and

16 September 30, 1996, unless the Mayor or independent

17 agency submits a proposed resolution of intent to fill the

18 vacant position to the Council. The Council shall be re19 quired to take affirmative action on the Mayor’s resolution

20 within 30 legislative days. If the Council does not affirma21 tively approve the resolution within 30 legislative days, the

22 resolution shall be deemed disapproved.

23 (b) No reduction in the number of full-time equiva24 lent positions or reduction-in-force due to privatization or

25 contracting out shall occur if the District of Columbia Fi-
234

S 1594 RS

1 nancial Responsibility and Management Assistance Au2 thority, established by section 101(a) of the District of Co3 lumbia Financial Responsibility and Management Assist4 ance Act of 1995, approved April 17, 1995 (109 Stat. 97;

5 Public Law 104–8), disallows the full-time equivalent posi6 tion reduction provided in this act in meeting the maxi7 mum ceiling of 35,984 for the fiscal year ending Septem8 ber 30, 1996.

9 (c) This section shall not prohibit the appropriate

10 personnel authority from filling a vacant position with a

11 District government employee currently occupying a posi12 tion that is funded with appropriated funds.

13 (d) This section shall not apply to local school-based

14 teachers, school-based officers, or school-based teachers’

15 aides; or court personnel covered by title 11 of the D.C.

16 Code, except chapter 23.

17 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION18 IN-FORCE PROCEDURES

19 SEC. 145. The District of Columbia Government

20 Comprehensive Merit Personnel Act of 1978, effective

21 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

22 et seq.), is amended as follows:

23 (a) Section 301 (D.C. Code, sec. 1–603.1) is amended

24 as follows:
235

S 1594 RS

1 (1) A new paragraph (13A) is added to read as

2 follows:

3 ‘‘(13A) ‘Nonschool-based personnel’ means any em4 ployee of the District of Columbia Public Schools who is

5 not based at a local school or who does not provide direct

6 services to individual students.’’.

7 (2) A new paragraph (15A) is added to read as

8 follows:

9 ‘‘(15A) ‘School administrators’ means principals, as10 sistant principals, school program directors, coordinators,

11 instructional supervisors, and support personnel of the

12 District of Columbia Public Schools.’’.

13 (b) Section 801A(b)(2) (D.C. Code, sec. 1–

14 609.1(b)(2)) is amended by adding a new subparagraph

15 (L–i) to read as follows:

16 ‘‘(L–i) Notwithstanding any other provision of law,

17 the Board of Education shall not issue rules that require

18 or permit nonschool-based personnel or school administra19 tors to be assigned or reassigned to the same competitive

20 level as classroom teachers;’’

21 (c) Section 2402 (D.C. Code, sec. 1–625.2) is amend22 ed by adding a new subsection (f) to read as follows:

23 ‘‘(f) Notwithstanding any other provision of law, the

24 Board of Education shall not require or permit nonschool25 based personnel or school administrators to be assigned
236

S 1594 RS

1 or reassigned to the same competitive level as classroom

2 teachers.’’.

3 SEC. 146. (a) Notwithstanding any other provision

4 of law, rule, or regulation, an employee of the District of

5 Columbia Public Schools shall be—

6 (1) classified as an Educational Service em7 ployee;

8 (2) placed under the personnel authority of the

9 Board of Education; and

10 (3) subject to all Board of Education rules.

11 (b) School-based personnel shall constitute a separate

12 competitive area from nonschool-based personnel who shall

13 not compete with school-based personnel for retention pur14 poses.

15 SEC. 147. None of the funds provided in this Act may

16 be used directly or indirectly for the renovation of the

17 property located at 227 7th Street Southeast (commonly

18 known as Eastern Market), except that funds provided in

19 this Act may be used for the regular maintenance and up20 keep of the current structure and grounds located at such

21 property.

22 CAPITAL PROJECT EMPLOYEES

23 SEC. 148. (a) Not later than 15 days after the end

24 of every fiscal quarter (beginning October 1, 1995), the

25 Mayor shall submit to the Council of the District of Co-
237

S 1594 RS

1 lumbia, the District of Columbia Financial Responsibility

2 and Management Assistance Authority, and the Commit3 tees on Appropriations of the House of Representatives

4 and the Senate a report with respect to the employees on

5 the capital project budget for the previous quarter.

6 (b) Each report submitted pursuant to subsection (a)

7 of this section shall include the following information—

8 (1) a list of all employees by position, title,

9 grade and step;

10 (2) a job description, including the capital

11 project for which each employee is working;

12 (3) the date that each employee began working

13 on the capital project and the ending date that each

14 employee completed or is projected to complete work

15 on the capital project; and

16 (4) a detailed explanation justifying why each

17 employee is being paid with capital funds.

18 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

19 SEC. 149. The District of Columbia Government

20 Comprehensive Merit Personnel Act of 1978, effective

21 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

22 et seq.), is amended as follows:

23 (a) Section 2401 (D.C. Code, sec. 1–625.1) is amend24 ed by amending the third sentence to read as follows: ‘‘A

25 personnel authority may establish lesser competitive areas
238

S 1594 RS

1 within an agency on the basis of all or a clearly identifiable

2 segment of an agency’s mission or a division or major sub3 division of an agency.’’.

4 (b) A new section 2406 is added to read as follows:

5 ‘‘SEC. 2406. Abolishment of positions for Fiscal Year

6 1996.

7 ‘‘(a) Notwithstanding any other provision of law, reg8 ulation, or collective bargaining agreement either in effect

9 or to be negotiated while this legislation is in effect for

10 the fiscal year ending September 30, 1996, each agency

11 head is authorized, within the agency head’s discretion,

12 to identify positions for abolishment.

13 ‘‘(b) Prior to February 1, 1996, each personnel au14 thority shall make a final determination that a position

15 within the personnel authority is to be abolished.

16 ‘‘(c) Notwithstanding any rights or procedures estab17 lished by any other provision of this title, any District gov18 ernment employee, regardless of date of hire, who encum19 bers a position identified for abolishment shall be sepa20 rated without competition or assignment rights, except as

21 provided in this section.

22 ‘‘(d) An employee affected by the abolishment of a

23 position pursuant to this section who, but for this section

24 would be entitled to compete for retention, shall be entitled

25 to 1 round of lateral competition pursuant to Chapter 24
239

S 1594 RS

1 of the District of Columbia Personnel Manual, which shall

2 be limited to positions in the employee’s competitive level.

3 ‘‘(e) Each employee who is a bona fide resident of

4 the District of Columbia shall have added 5 years to his

5 or her creditable service for reduction-in-force purposes.

6 For purposes of this subsection only, a nonresident Dis7 trict employee who was hired by the District government

8 prior to January 1, 1980, and has not had a break in

9 service since that date, or a former employee of the U.S.

10 Department of Health and Human Services at Saint Eliz11 abeths Hospital who accepted employment with the Dis12 trict government on October 1, 1987, and has not had

13 a break in service since that date, shall be considered a

14 District resident.

15 ‘‘(f) Each employee selected for separation pursuant

16 to this section shall be given written notice of at least 30

17 days before the effective date of his or her separation.

18 ‘‘(g) Neither the establishment of a competitive area

19 smaller than an agency, nor the determination that a spe20 cific position is to be abolished, nor separation pursuant

21 to his section shall be subject to review except as follows—

22 ‘‘(1) an employee may file a complaint contest23 ing a determination or a separation pursuant to title

24 XV of this Act or section 303 of the Human Rights
240

S 1594 RS

1 Act of 1977, effective December 13, 1977 (D.C.

2 Law 2–38; D.C. Code, sec. 1–2543); and

3 ‘‘(2) an employee may file with the Office of

4 Employee Appeals an appeal contesting that the sep5 aration procedures of subsections (d) and (f) of this

6 section were not properly applied.

7 ‘‘(h) An employee separated pursuant to this section

8 shall be entitled to severance pay in accordance with title

9 XI of this Act, except that the following shall be included

10 in computing creditable service for severance pay for em11 ployees separated pursuant to this section—

12 ‘‘(1) four years for an employee who qualified

13 for veteran’s preference under this act, and

14 ‘‘(2) three years for an employee who qualified

15 for residency preference under this act.

16 ‘‘(i) Separation pursuant to this section shall not af17 fect an employee’s rights under either the Agency Reem18 ployment Priority Program or the Displaced Employee

19 Program established pursuant to Chapter 24 of the Dis20 trict Personnel Manual.

21 ‘‘(j) The Mayor shall submit to the Council a listing

22 of all positions to be abolished by agency and responsibility

23 center by March 1, 1996, or upon the delivery of termi24 nation notices to individual employees.
241

S 1594 RS

1 ‘‘(k) Notwithstanding the provisions of section 1708

2 or section 2402(d), the provisions of this act shall not be

3 deemed negotiable.

4 ‘‘(l) A personnel authority shall cause a 30-day termi5 nation notice to be served, no later than September 1,

6 1996, on any incumbent employee remaining in any posi7 tion identified to be abolished pursuant to subsection (b)

8 of this section’’.

9 Sec. 150. (a) CEILING ON TOTAL OPERATING EX10 PENSES.—Notwithstanding any other provision of law, the

11 total amount appropriated in this Act for operating ex12 penses for the District of Columbia for fiscal year 1996

13 under the caption ‘‘Division of Expenses’’ shall not exceed

14 $4,994,000,000 of which $165,339,000 shall be from

15 intra-District funds.

16 (b) ACCEPTANCE AND USE OF GRANTS NOT IN17 CLUDED IN CEILING.—

18 (1) IN GENERAL.—Notwithstanding subsection

19 (a), the Mayor of the District of Columbia may ac20 cept, obligate, and expend Federal, private, and

21 other grants received by the District government

22 that are not reflected in the amounts appropriated

23 in this Act.

24 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI25 CER REPORT AND FINANCIAL RESPONSIBILITY AND
242

S 1594 RS

1 MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—

2 No such Federal, private, or other grant may be ac3 cepted, obligated, or expended pursuant to para4 graph (1) until—

5 (A) the Chief Financial Officer of the Dis6 trict submits to the District of Columbia Finan7 cial Responsibility and Management Assistance

8 Authority established by Public Law 104–8

9 (109 Stat. 97) a report setting forth detailed

10 information regarding such grant; and

11 (B) the District of Columbia Financial Re12 sponsibility and Management Assistance Au13 thority has reviewed and approved the accept14 ance, obligation, and expenditure of such grant

15 in accordance with review and approval proce16 dures consistent with the provisions of Public

17 Law 104–8.

18 (3) PROHIBITION ON SPENDING IN ANTICIPA19 TION OF APPROVAL OR RECEIPT.—No amount may

20 be obligated or expended from the general fund or

21 other funds of the District government in anticipa22 tion of the approval or receipt of a grant under

23 paragraph (2)(B) or in anticipation of the approval

24 or receipt of a Federal, private, or other grant not

25 subject to such paragraph.
243

S 1594 RS

1 (4) MONTHLY REPORTS.—The Chief Financial

2 Officer of the District shall prepare a monthly re3 port setting forth detailed information regarding all

4 Federal, private, and other grants subject to this

5 subsection. Each such report shall be submitted to

6 the Council of the District of Columbia, and to the

7 Committees on Appropriations of the House of Rep8 resentatives and the Senate, not later than 15 days

9 after the end of the month covered by the report.

10 PLANS FOR LORTON CORRECTIONAL COMPLEX

11 SEC. 151. (a) DEVELOPMENT OF PLANS.—Not later

12 than March 15, 1996, the District of Columbia shall de13 velop a series of alternative plans meeting the require14 ments of subsection (b) for the use and operation of the

15 Lorton Correctional Complex (hereafter in this section re16 ferred to as the ‘‘Complex’’), including—

17 (1) a plan under which the Complex will be

18 closed;

19 (2) a plan under which the Complex will remain

20 in operation under the management of the District

21 of Columbia subject to such modifications as the

22 District considers appropriate;

23 (3) a plan under which the Complex will be op24 erated under the management of the Federal govern25 ment;
244

S 1594 RS

1 (4) a plan under which the Complex will be op2 erated under private management; and

3 (5) such other plans as the District of Columbia

4 considers appropriate.

5 (b) REQUIREMENTS FOR PLANS.—Each of the plans

6 developed by the District of Columbia under subsection

7 (a) shall meet the following requirements:

8 (1) The plan shall provide for an appropriate

9 transition period not to exceed 5 years in length.

10 (2) The plan shall include provisions specifying

11 how and to what extent the District will utilize alter12 native management, including the private sector, for

13 the operation of correctional facilities for the Dis14 trict, and shall include provisions describing the

15 treatment under such alternative management (in16 cluding under contracts) of site selection, design, fi17 nancing, construction, and operation of correctional

18 facilities for the District.

19 (3) The plan shall include a description of any

20 legislation required to implenent the plan.

21 (4) The plan shall include an implementation

22 schedule, together with specific performance meas23 ures and timelines to determine the extent to which

24 the District is meeting the schedule during the tran25 sition period.
245

S 1594 RS

1 (5) Under the plan, the Mayor of the District

2 of Columbia shall submit a semi-annual report to the

3 President, Congress, and the District of Columbia

4 Financial Responsibility and Management Assistance

5 Authority describing the actions taken by the Dis6 trict under the plan, and in addition shall regularly

7 report to the President, Congress, and the District

8 of Columbia Financial Responsibility and Manage9 ment Assistance Authority on all significant meas10 ures taken under the plan as soon as such measures

11 are taken.

12 (6) For each of the years during which the plan

13 is in effect, the plan shall be consistent with the fi14 nancial plan and budget for the District of Columbia

15 for the year under subtitle A of title II of the Dis16 trict of Columbia Financial Responsibility and Man17 agement Assistance Act of 1995.

18 (c) SUBMISSION OF PLAN.—Upon completing the de19 velopment of the plans under subsection (a), the District

20 of Columbia shall submit the plans to the President, Con21 gress, and the District of Columbia Financial Responsibil22 ity and Management Assistance Authority.
246

S 1594 RS

1 PROHIBITION AGAINST ADOPTION BY UNMARRIED

2 COUPLES

3 SEC. 152. (a) IN GENERAL.—Section 16–302, D.C.

4 Code, is amended—

5 (1) by striking ‘‘Any person’’ and inserting ‘‘(a)

6 Subject to subsection (b), any person’’; and

7 (2) by adding at the end the following sub8 section:

9 ‘‘(b)(1) Except as provided in paragraph (2), no per10 son may join in a petition under this section unless the

11 person is the spouse of the petitioner.

12 ‘‘(2) An unmarried person may file a petition for

13 adoption where no other person joins in the petition or

14 where the co-petitioner is the natural parent of the child.’’.

15 TECHNICAL CORRECTIONS TO FINANCIAL

16 RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT

17 SEC. 153. (a) REQUIRING GSA TO PROVIDE SUP18 PORT SERVICES.—Section 103(f) of the District of Colum19 bia Financial Responsibility and Management Assistance

20 Act of 1995 is amended by striking ‘‘may provide’’ and

21 inserting ‘‘shall promptly provide’’.

22 (b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS

23 FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU24 THORITY.—
247

S 1594 RS

1 (1) FORMER FEDERAL EMPLOYEES.—Sub2 section (e) of section 102 of such Act is amended to

3 read as follows:

4 ‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN

5 OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME

6 EMPLOYED BY THE AUTHORITY.—

7 ‘‘(1) IN GENERAL.—Any Federal employee who

8 becomes employed by the Authority—

9 ‘‘(A) may elect, for the purposes set forth

10 in paragraph (2)(A), to be treated, for so long

11 as that individual remains continuously em12 ployed by the Authority, as if such individual

13 had not separated from service with the Federal

14 Government, subject to paragraph (3); and

15 ‘‘(B) shall, if such employee subsequently

16 becomes reemployed by the Federal Govern17 ment, be entitled to have such individual’s serv18 ice with the Authority treated, for purposes of

19 determining the appropriate leave accrual rate,

20 as if it had been service with the Federal Gov21 ernment.

22 ‘‘(2) EFFECT OF AN ELECTION.—An election

23 made by an individual under the provisions of para24 graph (1)(A)—
248

S 1594 RS

1 ‘‘(A) shall qualify such individual for the

2 treatment describe in such provisions for pur3 poses of—

4 ‘‘(i) chapter 83 or 84 of title 5, Unit5 ed States Code, as appropriate (relating to

6 retirement), including the Thrift Savings

7 Plan;

8 ‘‘(ii) chapter 87 of such title (relating

9 to life insurance); and

10 ‘‘(iii) chapter 89 of such title (relating

11 to health insurance); and

12 ‘‘(B) shall disqualify such individual, while

13 such election remains in effect, from participat14 ing in the programs offered by the government

15 of the District of Columbia (if any) correspond16 ing to the respective programs referred to in

17 subparagraph (A).

18 ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF19 FECTIVE.—An election made by an individual under

20 paragraph (1)(A) shall be ineffective unless—

21 ‘‘(A) it is made before such individual sep22 arates from service with the Federal Govern23 ment; and

24 ‘‘(B) such individual’s service with the Au25 thority commences within 3 days after so sepa-
249

S 1594 RS

1 rating (not counting any holiday observed by

2 the government of the District of Columbia).

3 ‘‘(4) CONTRIBUTIONS.—If an individual makes

4 an election under paragraph (1)(A), the Authority

5 shall, in accordance with applicable provisions of law

6 referred to in paragraph (2)(A), be responsible for

7 making the same deductions from pay and the same

8 agency contributions as would be required if it were

9 a Federal agency.

10 ‘‘(5) REGULATIONS.—Any regulations necessary

11 to carry out this subsection shall be prescribed in

12 consultation with the Authority by—

13 ‘‘(A) the Office of Personnel Management,

14 to the extent that any program administered by

15 the office is involved;

16 ‘‘(B) the appropriate office or agency of

17 the government of the District of Columbia, to

18 the extent that any program administered by

19 such office or agency is involved; and

20 ‘‘(C) the Executive Director referred to in

21 section 8474 of title 5, United States Code, to

22 the extent that the Thrift Savings Plan is in23 volved.’’.
250

S 1594 RS

1 (2) OTHER INDIVIDUALS.—Section 102 of such

2 Act is further amended by adding at the end the fol3 lowing:

4 ‘‘(f) FEDERAL BENEFITS FOR OTHERS.—

5 ‘‘(1) IN GENERAL.—The Office of Personnel

6 Management, in conjunction with each correspond7 ing office or agency of the government of the Dis8 trict of Columbia and in consultation with the Au9 thority, shall prescribe regulations under which any

10 individual who becomes employed by the Authority

11 (under circumstances other than as described in sub12 section (e)) may elect either—

13 (A) to be deemed a Federal employee for

14 purposes of the programs referred to in sub15 section (e)(2)(A) (i)–(iii); or

16 ‘‘(B) to participate in 1 or more of the cor17 responding programs offered by the government

18 of the District of Columbia.

19 ‘‘(2) EFFECT OF AN ELECTION.—An individual

20 who elects the option under subparagraph (A) or (B)

21 of paragraph (1) shall be disqualified, while such

22 election remains in effect, from participating in any

23 of the programs referred to in the other such sub24 paragraph.
251

S 1594 RS

1 ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE

2 OR AGENCY’.—For purposes of paragraph (1), the

3 term ‘corresponding office or agency of the govern4 ment of the District of Columbia’ means, with re5 spect to any program administered by the Office of

6 Personnel Management, the office or agency respon7 sible for administering the corresponding program

8 (if any) offered by the government of the District of

9 Columbia.

10 ‘‘(4) THRIFT SAVINGS PLAN.—To the extent

11 that the Thrift Savings Plan is involved, the preced12 ing provisions of this subsection shall be applied by

13 substituting ‘the Executive Director referred to in

14 section 8474 of title 5, United States Code’ for ‘the

15 Office of Personnel Management’.’’.

16 (3) ‘‘Effective date; additional election for

17 former federal employees serving on date of enact18 ment; election for employees appointed during in19 terim period.—

20 (A) EFFECTIVE DATE.—Not later than 6

21 months after the date of enactment of this Act,

22 there shall be prescribed in consultation with

23 the Authority (and take effect)—

24 (i) regulations to carry out the

25 amendments made by this subsection; and
252

S 1594 RS

1 (ii) any other regulations necessary to

2 carry out this subsection.

3 (B) Additional election for former federal

4 employees serving on date of enactment.—

5 (i) IN GENERAL.—Any former Federal

6 employee employed by the Authority on the

7 effective date of the regulations referred to

8 in subparagraph (A)(i) may, within such

9 period as may be provided for under those

10 regulations, make an election similar, to

11 the maximum extent practicable, to the

12 election provided for under section 102(e)

13 of the District of Columbia Financial Re14 sponsibility and Management Assistance

15 Act of 1995, as amended by this sub16 section. Such regulations shall be pre17 scribed jointly by the Office of Personnel

18 Management and each corresponding office

19 or agency of the government of the District

20 of Columbia (in the same manner as pro21 vided for in section 102(f) of such Act, as

22 so amended).

23 (ii) EXCEPTION.—An election under

24 this subparagraph may not be made by

25 any individual who—
253

S 1594 RS

1 (I) is not then participating in a

2 retirement system for Federal employ3 ees (disregarding Social Security); or

4 (II) is then participating in any

5 program of the government of the

6 District of Columbia referred to in

7 section 102(e)(2)(B) of such Act (as

8 so amended).

9 (C) ELECTION FOR EMPLOYEES AP10 POINTED DURING INTERIM PERIOD.—

11 (i) FROM THE FEDERAL GOVERN12 MENT.—Subsection (e) of section 102 of

13 the District of Columbia Financial Respon14 sibility and Management Assistance Act of

15 1995 (as last in effect before the date of

16 enactment of this Act) shall be deemed to

17 have remained in effect for purposes of any

18 Federal employee who becomes employed

19 by the District of Columbia Financial Re20 sponsibility and Management Assistance

21 Authority during the period beginning on

22 such date of enactment and ending on the

23 day before the effective date of the regula24 tions prescribed to carry out subparagraph

25 (B).
254

S 1594 RS

1 (ii) OTHER INDIVIDUALS.—The regu2 lations prescribed to carry out subsection

3 (f) of section 102 of the District of Colum4 bia Financial Responsibility and Manage5 ment Assistance Act of 1995 (as amended

6 by this subsection) shall include provisions

7 under which an election under such sub8 section shall be available to any individual

9 who—

10 (I) becomes employed by the Dis11 trict of Columbia Financial Respon12 sibility and Management Assistance

13 Authority during the period beginning

14 on the date of enactment of this Act

15 and ending on the day before the ef16 fective date of such regulations;

17 (II) would have been eligible to

18 make an election under such regula19 tions had those regulations been in ef20 fect when such individual became so

21 employed; and

22 (III) is not then participating in

23 any program of the government of the

24 District of Columbia referred to in
255

S 1594 RS

1 subsection (f)(1)(B) of such section

2 102 (as so amended).

3 (c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR

4 AUTHORITY EMPLOYEES.—Section 104 of such Act is

5 amended—

6 (1) by striking ‘‘the Authority and its mem7 bers’’ and inserting ‘‘the Authority, its members,

8 and its employees’’; and

9 (2) by striking ‘‘the District of Columbia’’ and

10 inserting ‘‘the Authority or its members or employ11 ees or the District of Columbia’’.

12 (d) PERMITTING REVIEW OF EMERGENCY LEGISLA13 TION.—Section 203(a)(3) of such Act is amended by strik14 ing subparagraph (C).

15 ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE

16 PLAINS ACTIVITIES

17 SEC. 154. (a) OPERATION AND MAINTENANCE AC18 COUNT.—

19 (1) CONTENTS OF ACCOUNT.—There is hereby

20 established within the Water and Sewer Enterprise

21 Fund the Operation and Maintenance Account, con22 sisting of all fund paid to the District of Columbia

23 on or after the date of the enactment of this Act

24 which are—
256

S 1594 RS

1 (A) attributable to waste water treatment

2 user charges;

3 (B) paid by users jurisdictions for the op4 eration and maintenance of the Blue Plains

5 Wastewater Treatment Facility and related

6 waste water treatment works; or

7 (C) appropriated or otherwise provided for

8 the operation and maintenance of the Blue

9 Plains Wastewater Treatment Facility and re10 lated waste water treatment works.

11 (2) USE OF FUNDS IN ACCOUNT.—Funds in the

12 Operation and Maintenance Account shall be used

13 solely for funding the operation and maintenance of

14 the Blue Plains Wastewater Treatment Facility and

15 related waste water treatment works and may not be

16 obligated or expended for any other purpose, and

17 may be used for related debt service and capital

18 costs if such funds are not attributable to user

19 charges assessed for purposes of section 204(b)(1) of

20 the Federal Water Pollution Control Act.

21 (b) EPA GRANT ACCOUNT.—

22 (1) CONTENTS OF ACCOUNT.—There is hereby

23 established within the Water and Sewer Enterprise

24 Fund and EPA Grant Account, consisting of all
257

S 1594 RS

1 funds paid to the District of Columbia on or after

2 the date of the enactment of this Act which are—

3 (A) attributable to grants from the Envi4 ronmental Protection Agency for construction

5 at the Blue Plains Wastewater Treatment Fa6 cility and related waste water treatment works;

7 or

8 (B) appropriated or otherwise provided for

9 construction at the Blue Plains Wastewater

10 Treatment Facility and related waste water

11 treatment works.

12 (2) USE OF FUNDS IN ACCOUNT.—Funds in the

13 EPA Grant Account shall be used solely for the pur14 poses specified under the terms of the grants and

15 appropriations involved, and may not be obligated or

16 expended for any other purpose.

17 SEC. 155. (a) Up to 50 police officers and up to 50

18 Fire and Emergency Medical Services members who were

19 hired before February 14, 1980, and who retire on disabil20 ity before the end of calendar year 1996 shall be excluded

21 from the computation of the rate of disability retirements

22 under subsection 145(a) of the District of Columbia Re23 tirement Reform Act of 1979 (93 Stat. 882; D.C. Code,

24 sec. 1–725(a)), for purposes of reducing the authorized

25 Federal payment to the District of Columbia Police Of-
258

S 1594 RS

1 fices and Fire Fighters’ Retirement Fund pursuant to

2 subsection 145(c) of the District of Columbia Retirement

3 Reform Act of 1979.

4 (b) The Mayor, within 30 days after the enactment

5 of this provision, shall engage an enrolled actuary, to be

6 paid by the District of Columbia Retirement Board, and

7 shall comply with the requirements of section 142(d) and

8 section 144(d) of the District of Columbia Retirement Re9 form Act of 1979 (Public Law 96–122, approved Novem10 ber 17, 1979; D.C. Code, secs. 1–722(d) and 1–724(d)).

11 This title may be cited as the ‘‘District of Columbia

12 Appropriations Act, 1996’’.

13 TITLE II—DISTRICT OF COLUMBIA SCHOOL

14 REFORM

15 SEC. 2001. SHORT TITLE.

16 This title may be cited as the ‘‘District of Columbia

17 School Reform Act of 1995’’.

18 SEC. 2002. DEFINITIONS.

19 Except as otherwise provided, for purposes of this

20 title:

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means—
259

S 1594 RS

1 (A) the Committee on Appropriations of

2 the House of Representatives and the Commit3 tee on Appropriations of the Senate;

4 (B) the Committee on Economic and Edu5 cational Opportunities of the House of Rep6 resentatives and the Committee on Labor and

7 Human Resources of the Senate; and

8 (C) the Committee on Government Reform

9 and Oversight of the House of Representatives

10 and the Committee on Governmental Affairs of

11 the Senate.

12 (2) AUTHORITY.—The term ‘‘Authority’’ means

13 the District of Columbia Financial Responsibility

14 and Management Assistance Authority established

15 under section 101(a) of the District of Columbia Fi16 nancial Responsibility and Management Assistance

17 Act of 1995 (Public Law 104–8).

18 (3) AVERAGE DAILY ATTENDANCE.—The term

19 ‘‘average daily attendance’’ means the aggregate at20 tendance of students of the school during the period

21 divided by the number of days during the period in

22 which—

23 (A) the school is in session; and

24 (B) the students of the school are under

25 the guidance and direction of teachers.
260

S 1594 RS

1 (4) AVERAGE DAILY MEMBERSHIP.—The term

2 ‘‘average daily membership’’ means the aggregate

3 enrollment of students of the school during the pe4 riod divided by the number of days during the period

5 in which—

6 (A) the school is in session; and

7 (B) the students of the school are under

8 the guidance and direction of teachers.

9 (5) BOARD OF EDUCATION.—The term ‘‘Board

10 of Education’’ means the Board of Education of the

11 District of Columbia.

12 (6) BOARD OF TRUSTEES.—The term ‘‘Board

13 of Trustees’’ means the governing board of a public

14 charter school, the members of which are selected

15 pursuant to the charter granted to the school and in

16 a manner consistent with this title.

17 (7) CONSENSUS COMMISSION.—The term ‘‘Con18 sensus Commission’’ means the Commission on Con19 sensus Reform in the District of Columbia public

20 schools established under subtitle L.

21 (8) CORE CURRICULUM.—The term ‘‘core cur22 riculum’’ means the concepts, factual knowledge,

23 and skills that students in the District of Columbia

24 should learn in kindergarten through grade 12 in
261

S 1594 RS

1 academic content areas, including, at a minimum,

2 English, mathematics, science, and history.

3 (9) DISTRICT OF COLUMBIA COUNCIL.—The

4 term ‘‘District of Columbia Council’’ means the

5 Council of the District of Columbia established pur6 suant to section 401 of the District of Columbia

7 Self-Government and Governmental Reorganization

8 Act (D.C. Code, sec. 1–221).

9 (10) DISTRICT OF COLUMBIA GOVERNMENT.—

10 (A) IN GENERAL.—The term ‘‘District of

11 Columbia Government’’ means the government

12 of the District of Columbia, including—

13 (i) any department, agency, or instru14 mentality of the government of the District

15 of Columbia;

16 (ii) any independent agency of the

17 District of Columbia established under

18 part F of title IV of the District of Colum19 bia Self-Government and Governmental

20 Reorganization Act;

21 (iii) any other agency, board, or com22 mission established by the Mayor or the

23 District of Columbia Council;

24 (iv) the courts of the District of Co25 lumbia;
262

S 1594 RS

1 (v) the District of Columbia Council;

2 and

3 (vi) any other agency, public author4 ity, or public nonprofit corporation that

5 has the authority to receive moneys di6 rectly or indirectly from the District of Co7 lumbia (other than moneys received from

8 the sale of goods, the provision of services,

9 or the loaning of funds to the District of

10 Columbia).

11 (B) EXCEPTION.—The term ‘‘District of

12 Columbia Government’’ neither includes the Au13 thority nor a public charter school.

14 (11) DISTRICT OF COLUMBIA GOVERNMENT RE15 TIREMENT SYSTEM.—The term ‘‘District of Colum16 bia Government retirement system’’ means the re17 tirement programs authorized by the District of Co18 lumbia Council or the Congress for employees of the

19 District of Columbia Government.

20 (12) DISTRICT OF COLUMBIA PUBLIC

21 SCHOOL.—

22 (A) IN GENERAL.—The term ‘‘District of

23 Columbia public school’’ means a public school

24 in the District of Columbia that offers classes—
263

S 1594 RS

1 (i) at any of the grade levels from pre2 kindergarten through grade 12; or

3 (ii) leading to a secondary school di4 ploma, or its recognized equivalent.

5 (B) EXCEPTION.—The term ‘‘District of

6 Columbia public school’’ does not include a pub7 lic charter school.

8 (13) DISTRICTWIDE ASSESSMENTS.—The term

9 ‘‘districtwide assessments’’ means a variety of as10 sessment tools and strategies (including individual

11 student assessments under subparagraph (E)(ii)) ad12 ministered by the Superintendent to students en13 rolled in District of Columbia public schools and

14 public charter schools that—

15 (A) are aligned with the District of Colum16 bia’s content standards and core curriculum;

17 (B) provide coherent information about

18 student attainment of such standards;

19 (C) are used for purposes for which such

20 assessments are valid, reliable, and unbiased,

21 and are consistent with relevant nationally rec22 ognized professional and technical standards for

23 such assessments;

24 (D) involve multiple up-to-date measures

25 of student performance, including measures
264

S 1594 RS

1 that assess higher order thinking skills and un2 derstanding; and

3 (E) provide for—

4 (i) the participation in such assess5 ments of all students;

6 (ii) individual student assessments for

7 students that fail to reach minimum ac8 ceptable levels of performance;

9 (iii) the reasonable adaptations and

10 accommodations for students with special

11 needs (as defined in paragraph (32)) nec12 essary to measure the achievement of such

13 students relative to the District of Colum14 bia’s content standards; and

15 (iv) the inclusion of limited-English

16 proficient students, who shall be assessed,

17 to the extent practicable, in the language

18 and form most likely to yield accurate and

19 reliable information regarding such stu20 dents’ knowledge and abilities.

21 (14) ELECTRONIC DATA TRANSFER SYSTEM.—

22 The term ‘‘electronic data transfer system’’ means a

23 computer-based process for the maintenance and

24 transfer of student records designed to permit the

25 transfer of individual student records among District
265

S 1594 RS

1 of Columbia public schools and public charter

2 schools.

3 (15) ELEMENTARY SCHOOL.—The term ‘‘ele4 mentary school’’ means an institutional day or resi5 dential school that provides elementary education, as

6 determined under District of Columbia law.

7 (16) ELIGIBLE APPLICANT.—The term ‘‘eligible

8 applicant’’ means a person, including a private, pub9 lic, or quasi-public entity, or an institution of higher

10 education (as defined in section 1201(a) of the

11 Higher Education Act of 1965 (20 U.S.C.

12 1141(a))), that seeks to establish a public charter

13 school in the District of Columbia.

14 (17) ELIGIBLE CHARTERING AUTHORITY.—The

15 term ‘‘eligible chartering authority’’ means any of

16 the following:

17 (A) The Board of Education.

18 (B) The Public Charter School Board.

19 (C) Any one entity designated as an eligi20 ble chartering authority by enactment of a bill

21 by the District of Columbia Council after the

22 date of the enactment of this Act.

23 (18) FAMILY RESOURCE CENTER.—The term

24 ‘‘family resource center’’ means an information

25 desk—
266

S 1594 RS

1 (A) located in a District of Columbia pub2 lic school or a public charter school serving a

3 majority of students whose family income is not

4 greater than 185 percent of the income official

5 poverty line (as defined by the Office of Man6 agement and Budget, and revised annually in

7 accordance with section 673(2) of the Commu8 nity Services Block Grant Act applicable to a

9 family of the size involved (42 U.S.C.

10 9902(3))); and

11 (B) which links students and families to

12 local resources and public and private entities

13 involved in child care, adult education, health

14 and social services, tutoring, mentoring, and job

15 training.

16 (19) INDIVIDUAL CAREER PATH.—The term

17 ‘‘individual career path’’ means a program of study

18 that provides a secondary school student the skills

19 necessary to compete in the 21st century workforce.

20 (20) LITERACY.—The term ‘‘literacy’’ means—

21 (A) in the case of a minor student, such

22 student’s ability to read, write, and speak in

23 English, and compute and solve problems at

24 levels of proficiency necessary to function in so25 ciety, to achieve such student’s goals, and de-
267

S 1594 RS

1 velop such student’s knowledge and potential;

2 and

3 (B) in the case of an adult, such adult’s

4 ability to read, write, and speak in English, and

5 compute and solve problems at levels of pro6 ficiency necessary to function on the job and in

7 society, to achieve such adult’s goals, and de8 velop such adult’s knowledge and potential.

9 (21) LONG-TERM REFORM PLAN.—The term

10 ‘‘long-term reform plan’’ means the plan submitted

11 by the Superintendent under section 2101.

12 (22) MAYOR.—The term ‘‘Mayor’’ means the

13 Mayor of the District of Columbia.

14 (23) METROBUS AND METRORAIL TRANSIT SYS15 TEM.—The term ‘‘Metrobus and Metrorail Transit

16 System’’ means the bus and rail systems adminis17 tered by the Washington Metropolitan Area Transit

18 Authority.

19 (24) MINOR STUDENT.—The term ‘‘minor stu20 dent’’ means an individual who—

21 (A) is enrolled in a District of Columbia

22 public school or a public charter school; and

23 (B) is not beyond the age of compulsory

24 school attendance, as prescribed in section 1 of

25 article I, and section 1 of article II, of the Act
268

S 1594 RS

1 of February 4, 1925 (sections 31–401 and 31–

2 402, D.C. Code).

3 (25) NONRESIDENT STUDENT.—The term

4 ‘‘nonresident student’’ means—

5 (A) an individual under the age of 18 who

6 is enrolled in a District of Columbia public

7 school or a public charter school, and does not

8 have a parent residing in the District of Colum9 bia; or

10 (B) an individual who is age 18 or older

11 and is enrolled in a District of Columbia public

12 school or public charter school, and does not re13 side in the District of Columbia.

14 (26) PARENT.—The term ‘‘parent’’ means a

15 person who has custody of a child, and who—

16 (A) is a natural parent of the child;

17 (B) is a stepparent of the child;

18 (C) has adopted the child; or

19 (D) is appointed as a guardian for the

20 child by a court of competent jurisdiction.

21 (27) PETITION.—The term ‘‘petition’’ means a

22 written application.

23 (28) PROMOTION GATE.—The term ‘‘promotion

24 gate’’ means the criteria, developed by the Super25 intendent and approved by the Board of Education,
269

S 1594 RS

1 that are used to determine student promotion at dif2 ferent grade levels. Such criteria shall include stu3 dent achievement on districtwide assessments estab4 lished under subtitle D.

5 (29) PUBLIC CHARTER SCHOOL.—The term

6 ‘‘public charter school’’ means a publicly funded

7 school in the District of Columbia that—

8 (A) is established pursuant to subtitle B;

9 and

10 (B) except as provided under sections

11 2212(d)(5) and 2213(c)(5) is not a part of the

12 District of Columbia public schools.

13 (30) PUBLIC CHARTER SCHOOL BOARD.—The

14 term ‘‘Public Charter School Board’’ means the

15 Public Charter School Board established under sec16 tion 2214.

17 (31) SECONDARY SCHOOL.—The term ‘‘second18 ary school’’ means an institutional day or residential

19 school that provides secondary education, as deter20 mined by District of Columbia law, except that such

21 term does not include any education beyond grade

22 12.

23 (32) STUDENT WITH SPECIAL NEEDS.—The

24 term ‘‘student with special needs’’ means a student

25 who is a child with a disability as provided in section
270

S 1594 RS

1 602(a)(1) of the Individuals with Disabilities Edu2 cation Act (20 U.S.C. 1401(a)(1)) or a student who

3 is an individual with a disability as provided in sec4 tion 7(8) of the Rehabilitation Act of 1973 (29

5 U.S.C. 706(8)).

6 (33) SUPERINTENDENT.—The term ‘‘Super7 intendent’’ means the Superintendent of the District

8 of Columbia public schools.

9 (34) TEACHER.—The term ‘‘teacher’’ means

10 any person employed as a teacher by the Board of

11 Education or by a public charter school.

12 SEC. 2003. GENERAL EFFECTIVE DATE.

13 Except as otherwise provided in this title, this title

14 shall be effective during the period beginning on the date

15 of enactment of this Act and ending 5 years after such

16 date.

17 Subtitle A—District of Columbia

18 Reform Plan

19 SEC. 2101. LONG-TERM REFORM PLAN.

20 (a) IN GENERAL.—

21 (1) PLAN.—The Superintendent, with the ap22 proval of the Board of Education, shall submit to

23 the Mayor, the District of Columbia Council, the Au24 thority, the Consensus Commission, and the appro25 priate congressional committees, a long-term reform
271

S 1594 RS

1 plan, not later than 90 days after the date of enact2 ment of this Act, and each February 15 thereafter.

3 The long-term reform plan shall be consistent with

4 the financial plan and budget for the District of Co5 lumbia for fiscal year 1996, and each financial plan

6 and budget for a subsequent fiscal year, as the case

7 may be, required under section 201 of the District

8 of Columbia Financial Responsibility and Manage9 ment Assistance Act of 1995.

10 (2) CONSULTATION.—

11 (A) IN GENERAL.—In developing the long12 term reform plan, the Superintendent—

13 (i) shall consult with the Board of

14 Education, the Mayor, the District of Co15 lumbia Council, the Authority, and the

16 Consensus Commission; and

17 (ii) shall afford the public, interested

18 organizations, and groups an opportunity

19 to present their views and make rec20 ommendations regarding the long-term re21 form plan.

22 (B) SUMMARY OF RECOMMENDATIONS.—

23 The Superintendent shall include in the long24 term plan a summary of the recommendations

25 made under subparagraph (A)(ii) and the re-
272

S 1594 RS

1 sponse of the Superintendent to the rec2 ommendations.

3 (b) CONTENTS.—

4 (1) AREAS TO BE ADDRESSED.—The long-term

5 reform plan shall describe how the District of Co6 lumbia public schools will become a world-class edu7 cation system that prepares students for lifetime

8 learning in the 21st century and which is on a par

9 with the best education systems of other cities,

10 States, and nations. The long-term reform plan shall

11 include a description of how the District of Columbia

12 public schools will accomplish the following:

13 (A) Achievement at nationally and inter14 nationally competitive levels by students attend15 ing District of Columbia public schools.

16 (B) The preparation of students for the

17 workforce, including—

18 (i) providing special emphasis for stu19 dents planning to obtain a postsecondary

20 education; and

21 (ii) the development of individual ca22 reer paths.

23 (C) The improvement of the health and

24 safety of students in District of Columbia pub25 lic schools.
273

S 1594 RS

1 (D) Local school governance, decentraliza2 tion, autonomy, and parental choice among Dis3 trict of Columbia public schools.

4 (E) The implementation of a comprehen5 sive and effective adult education and literacy

6 program.

7 (F) The identification, beginning in grade

8 3, of each student who does not meet minimum

9 standards of academic achievement in reading,

10 writing, and mathematics in order to ensure

11 that such student meets such standards prior to

12 grade promotion.

13 (G) The achievement of literacy, and the

14 possession of the knowledge and skills necessary

15 to think critically, communicate effectively, and

16 perform competently on districtwide assess17 ments, by students attending District of Colum18 bia public schools prior to such student’s com19 pletion of grade 8.

20 (H) The establishment of after-school pro21 grams that promote self-confidence, self-dis22 cipline, self-respect, good citizenship, and re23 spect for leaders, through such activities as arts

24 classes, physical fitness programs, and commu25 nity service.
274

S 1594 RS

1 (I) Steps necessary to establish an elec2 tronic data transfer system.

3 (J) Encourage parental involvement in all

4 school activities, particularly parent teacher

5 conferences.

6 (K) Development and implementation,

7 through the Board of Education and the Super8 intendent, of a uniform dress code for the Dis9 trict of Columbia public schools, that—

10 (i) shall include a prohibition of gang

11 membership symbols;

12 (ii) shall take into account the relative

13 costs of any such code for each student;

14 and

15 (iii) may include a requirement that

16 students wear uniforms.

17 (L) The establishment of classes, begin18 ning not later than grade 3, to teach students

19 how to use computers effectively.

20 (M) The development of community

21 schools that enable District of Columbia public

22 schools to collaborate with other public and

23 nonprofit agencies and organizations, local busi24 nesses, recreational, cultural, and other commu25 nity and human service entities, for the purpose
275

S 1594 RS

1 of meeting the needs and expanding the oppor2 tunities available to residents of the commu3 nities served by such schools.

4 (N) The establishment of programs which

5 provide counseling, mentoring (especially peer

6 mentoring), academic support, outreach, and

7 supportive services to elementary, middle, and

8 secondary school students who are at risk of

9 dropping out of school.

10 (O) The establishment of a comprehensive

11 remedial education program to assist students

12 who do not meet basic literacy standards, or the

13 criteria of promotion gates established in sec14 tion 2421.

15 (P) The establishment of leadership devel16 opment projects for middle school principals,

17 which projects shall increase student learning

18 and achievement and strengthen such principals

19 as instructional school leaders.

20 (Q) The implementation of a policy for

21 performance-based evaluation of principals and

22 teachers, after consultation with the Super23 intendent and unions (including unions that

24 represent teachers and unions that represent

25 principals).
276

S 1594 RS

1 (R) The implementation of policies that re2 quire competitive appointments for all District

3 of Columbia public school positions.

4 (S) The implementation of policies regard5 ing alternative teacher certification require6 ments.

7 (T) The implementation of testing require8 ments for teacher licensing renewal.

9 (U) A review of the District of Columbia

10 public school central office budget and staffing

11 reductions for each fiscal year compared to the

12 level of such budget and reductions at the end

13 of fiscal year 1995.

14 (V) The implementation of the discipline

15 policy for the District of Columbia public

16 schools in order to ensure a safe, disciplined en17 vironment conducive to learning.

18 (2) OTHER INFORMATION.—For each of the

19 items described in subparagraphs (A) through (V) of

20 paragraph (1), the long-term reform plan shall in21 clude—

22 (A) a statement of measurable, objective

23 performance goals;

24 (B) a description of the measures of per25 formance to be used in determining whether the
277

S 1594 RS

1 Superintendent and Board of Education have

2 met the goals;

3 (C) dates by which the goals shall be met;

4 (D) plans for monitoring and reporting

5 progress to District of Columbia residents, the

6 Mayor, the District of Columbia Council, the

7 Authority, the Consensus Commission, and the

8 appropriate congressional committees regarding

9 the carrying out of the long-term reform plan;

10 and

11 (E) the title of the management employee

12 of the District of Columbia public schools most

13 directly responsible for the achievement of each

14 goal and, with respect to each such employee,

15 the title of the employee’s immediate supervisor

16 or superior.

17 (c) AMENDMENTS.—The Superintendent, with the

18 approval of the Board of Education, shall submit any

19 amendment to the long-term reform plan to the Mayor,

20 the District of Columbia Council, the Authority, the Con21 sensus Commission, and the appropriate congressional

22 committees. Any amendment to the long-term reform plan

23 shall be consistent with the financial plan and budget for

24 fiscal year 1996, and each financial plan and budget for

25 a subsequent fiscal year, as the case may be, for the Dis-
278

S 1594 RS

1 trict of Columbia required under section 201 of the Dis2 trict of Columbia Financial Responsibility and Manage3 ment Assistance Act of 1995.

4 Subtitle B—Public Charter Schools

5 SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

6 (a) EXISTING PUBLIC SCHOOL.—An eligible appli7 cant seeking to convert a District of Columbia public

8 school into a public charter school—

9 (1) shall prepare a petition to establish a public

10 charter school that meets the requirements of sec11 tion 2202;

12 (2) shall provide a copy of the petition to—

13 (A) the parents of minor students attend14 ing the existing school;

15 (B) adult students attending the existing

16 school; and

17 (C) employees of the existing school; and

18 (3) shall file the petition with an eligible char19 tering authority for approval after the petition—

20 (A) is signed by two-thirds of the sum of—

21 (i) the total number of parents of

22 minor students attending the school; and

23 (ii) the total number of adult students

24 attending the school; and
279

S 1594 RS

1 (B) is endorsed by at least two-thirds of

2 full-time teachers employed in the school.

3 (b) PRIVATE OR INDEPENDENT SCHOOL.—An eligi4 ble applicant seeking to convert an existing private or

5 independent school in the District of Columbia into a pub6 lic charter school—

7 (1) shall prepare a petition to establish a public

8 charter school that is approved by the Board of

9 Trustees or authority responsible for the school and

10 that meets the requirements of section 2202;

11 (2) shall provide a copy of the petition to—

12 (A) the parents of minor students attend13 ing the existing school;

14 (B) adult students attending the existing

15 school; and

16 (C) employees of the existing school; and

17 (3) shall file the petition with an eligible char18 tering authority for approval after the petition—

19 (A) is signed by two-thirds of the sum of—

20 (i) the total number of parents of

21 minor students attending the school; and

22 (ii) the total number of adult students

23 attending the school; and

24 (B) is endorsed by at least two-thirds of

25 full-time teachers employed in the school.
280

S 1594 RS

1 (c) NEW SCHOOL.—An eligible applicant seeking to

2 establish in the District of Columbia a public charter

3 school, but not seeking to convert a District of Columbia

4 public school or a private or independent school into a

5 public charter school, shall file with an eligible chartering

6 authority for approval a petition to establish a public char7 ter school that meets the requirements of section 2202.

8 SEC. 2202. CONTENTS OF PETITION.

9 A petition under section 2201 to establish a public

10 charter school shall include the following:

11 (1) A statement defining the mission and goals

12 of the proposed school and the manner in which the

13 school will meet the content standards, and conduct

14 the districtwide assessments, described in section

15 2411(b).

16 (2) A statement of the need for the proposed

17 school in the geographic area of the school site.

18 (3) A description of the proposed instructional

19 goals and methods for the proposed school, which

20 shall include, at a minimum—

21 (A) the area of focus of the proposed

22 school, such as mathematics, science, or the

23 arts, if the school will have such a focus;

24 (B) the methods that will be used, includ25 ing classroom technology, to provide students
281

S 1594 RS

1 with the knowledge, proficiency, and skills need2 ed—

3 (i) to become nationally and inter4 nationally competitive students and edu5 cated individuals in the 21st century; and

6 (ii) to perform competitively on any

7 districtwide assessments; and

8 (C) the methods that will be used to im9 prove student self-motivation, classroom in10 struction, and learning for all students.

11 (4) A description of the scope and size of the

12 proposed school’s program that will enable students

13 to successfully achieve the goals established by the

14 school, including the grade levels to be served by the

15 school and the projected and maximum enrollment

16 of each grade level.

17 (5) A description of the plan for evaluating stu18 dent academic achievement at the proposed school

19 and the procedures for remedial action that will be

20 used by the school when the academic achievement

21 of a student falls below the expectations of the

22 school.

23 (6) An operating budget for the first 2 years of

24 the proposed school that is based on anticipated en25 rollment and contains—
282

S 1594 RS

1 (A) a description of the method for con2 ducting annual audits of the financial, adminis3 trative, and programmatic operations of the

4 school;

5 (B) either—

6 (i) an identification of the site where

7 the school will be located, including a de8 scription of any buildings on the site and

9 any buildings proposed to be constructed

10 on the site; or

11 (ii) a timetable by which such an iden12 tification will be made;

13 (C) a description of any major contracts

14 planned, with a value equal to or exceeding

15 $10,000, for equipment and services, leases, im16 provements, purchases of real property, or in17 surance; and

18 (D) a timetable for commencing operations

19 as a public charter school.

20 (7) A description of the proposed rules and poli21 cies for governance and operation of the proposed

22 school.

23 (8) Copies of the proposed articles of incorpora24 tion and bylaws of the proposed school.
283

S 1594 RS

1 (9) The names and addresses of the members

2 of the proposed Board of Trustees and the proce3 dures for selecting trustees.

4 (10) A description of the student enrollment,

5 admission, suspension, expulsion, and other discipli6 nary policies and procedures of the proposed school,

7 and the criteria for making decisions in such areas.

8 (11) A description of the procedures the pro9 posed school plans to follow to ensure the health and

10 safety of students, employees, and guests of the

11 school and to comply with applicable health and

12 safety laws, and all applicable civil rights statutes

13 and regulations of the Federal Government and the

14 District of Columbia.

15 (12) An explanation of the qualifications that

16 will be required of employees of the proposed school.

17 (13) An identification, and a description, of the

18 individuals and entities submitting the petition, in19 cluding their names and addresses, and the names

20 of the organizations or corporations of which such

21 individuals are directors or officers.

22 (14) A description of how parents, teachers,

23 and other members of the community have been in24 volved in the design and will continue to be involved

25 in the implementation of the proposed school.
284

S 1594 RS

1 (15) A description of how parents and teachers

2 will be provided an orientation and other training to

3 ensure their effective participation in the operation

4 of the public charter school.

5 (16) An assurance the proposed school will

6 seek, obtain, and maintain accreditation from at

7 least one of the following:

8 (A) The Middle States Association of Col9 leges and Schools.

10 (B) The Association of Independent Mary11 land Schools.

12 (C) The Southern Association of Colleges

13 and Schools.

14 (D) The Virginia Association of Independ15 ent Schools.

16 (E) American Montessori Internationale.

17 (F) The American Montessori Society.

18 (G) The National Academy of Early Child19 hood Programs.

20 (H) Any other accrediting body deemed

21 appropriate by the eligible chartering authority

22 that granted the charter to the school.

23 (17) In the case that the proposed school’s edu24 cational program includes preschool or prekinder25 garten, an assurance the proposed school will be li-
285

S 1594 RS

1 censed as a child development center by the District

2 of Columbia Government not later than the first

3 date on which such program commences.

4 (18) An explanation of the relationship that will

5 exist between the public charter school and the

6 school’s employees.

7 (19) A statement of whether the proposed

8 school elects to be treated as a local educational

9 agency or a District of Columbia public school for

10 purposes of part B of the Individuals With Disabil11 ities Education Act (20 U.S.C. 1411 et seq.) and

12 section 504 of the Rehabilitation Act of 1973 (20

13 U.S.C. 794), and notwithstanding any other provi14 sion of law the eligible chartering authority shall not

15 have the authority to approve or disapprove such

16 election.

17 SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC

18 CHARTER SCHOOL PETITIONS.

19 (a) SCHEDULE.—An eligible chartering authority

20 shall establish a schedule for receiving petitions to estab21 lish a public charter school and shall publish any such

22 schedule in the District of Columbia Register and news23 papers of general circulation.

24 (b) PUBLIC HEARING.—Not later than 45 days after

25 a petition to establish a public charter school is filed with
286

S 1594 RS

1 an eligible chartering authority, the eligible chartering au2 thority shall hold a public hearing on the petition to gather

3 the information that is necessary for the eligible charter4 ing authority to make the decision to approve or deny the

5 petition.

6 (c) NOTICE.—Not later than 10 days prior to the

7 scheduled date of a public hearing on a petition to estab8 lish a public charter school, an eligible chartering author9 ity—

10 (1) shall publish a notice of the hearing in the

11 District of Columbia Register and newspapers of

12 general circulation; and

13 (2) shall send a written notification of the hear14 ing date to the eligible applicant who filed the peti15 tion.

16 (d) APPROVAL.—Subject to subsection (i), an eligible

17 chartering authority may approve a petition to establish

18 a public charter school, if—

19 (1) the eligible chartering authority determines

20 that the petition satisfies the requirements of this

21 subtitle;

22 (2) the eligible applicant who filed the petition

23 agrees to satisfy any condition or requirement, con24 sistent with this subtitle and other applicable law,
287

S 1594 RS

1 that is set forth in writing by the eligible chartering

2 authority as an amendment to the petition; and

3 (3) the eligible chartering authority determines

4 that the public charter school has the ability to meet

5 the educational objectives outlined in the petition.

6 (e) TIMETABLE.—An eligible chartering authority

7 shall approve or deny a petition to establish a public char8 ter school not later than 45 days after the conclusion of

9 the public hearing on the petition.

10 (f) EXTENSION.—An eligible chartering authority

11 and an eligible applicant may agree to extend the 45-day

12 time period referred to in subsection (e) by a period that

13 shall not exceed 30 days.

14 (g) DENIAL EXPLANATION.—If an eligible chartering

15 authority denies a petition or finds the petition to be in16 complete, the eligible chartering authority shall specify in

17 writing the reasons for its decision and indicate, when the

18 eligible chartering authority determines appropriate, how

19 the eligible applicant who filed the petition may revise the

20 petition to satisfy the requirements for approval.

21 (h) APPROVED PETITION.—

22 (1) NOTICE.—Not later than 10 days after an

23 eligible chartering authority approves a petition to

24 establish a public charter school, the eligible charter25 ing authority shall provide a written notice of the
288

S 1594 RS

1 approval, including a copy of the approved petition

2 and any conditions or requirements agreed to under

3 subsection (d)(2), to the eligible applicant and to the

4 Chief Financial Officer of the District of Columbia.

5 The eligible chartering authority shall publish a no6 tice of the approval of the petition in the District of

7 Columbia Register and newspapers of general cir8 culation.

9 (2) CHARTER.—The provisions described in

10 paragraphs (1), (7), (8), (11), (16), (17), and (18)

11 of section 2202 of a petition to establish a public

12 charter school that are approved by an eligible char13 tering authority, together with any amendments to

14 the petition containing conditions or requirements

15 agreed to by the eligible applicant under subsection

16 (d)(2), shall be considered a charter granted to the

17 school by the eligible chartering authority.

18 (i) NUMBER OF PETITIONS.—

19 (1) FIRST YEAR.—For academic year 1996–

20 1997, not more than 10 petitions to establish public

21 charter schools may be approved under this subtitle.

22 (2) SUBSEQUENT YEARS.—For academic year

23 1997–1998 and each academic year thereafter each

24 eligible chartering authority shall not approve more
289

S 1594 RS

1 than 5 petitions to establish a public charter school

2 under this subtitle.

3 (j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE CHAR4 TERING AUTHORITY.—No governmental entity, elected of5 ficial, or employee of the District of Columbia shall make,

6 participate in making, or intervene in the making of, the

7 decision to approve or deny a petition to establish a public

8 charter school, except for officers or employees of the eligi9 ble chartering authority with which the petition is filed.

10 SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS,

11 OF PUBLIC CHARTER SCHOOLS.

12 (a) DUTIES.—A public charter school shall comply

13 with all of the terms and provisions of its charter.

14 (b) POWERS.—A public charter school shall have the

15 following powers:

16 (1) To adopt a name and corporate seal, but

17 only if the name selected includes the words ‘‘public

18 charter school’’.

19 (2) To acquire real property for use as the pub20 lic charter school’s facilities, from public or private

21 sources.

22 (3) To receive and disburse funds for public

23 charter school purposes.

24 (4) Subject to subsection (c)(1), to secure ap25 propriate insurance and to make contracts and
290

S 1594 RS

1 leases, including agreements to procure or purchase

2 services, equipment, and supplies.

3 (5) To incur debt in reasonable anticipation of

4 the receipt of funds from the general fund of the

5 District of Columbia or the receipt of Federal or pri6 vate funds.

7 (6) To solicit and accept any grants or gifts for

8 public charter school purposes, if the public charter

9 school—

10 (A) does not accept any grants or gifts

11 subject to any condition contrary to law or con12 trary to its charter; and

13 (B) maintains for financial reporting pur14 poses separate accounts for grants or gifts.

15 (7) To be responsible for the public charter

16 school’s operation, including preparation of a budget

17 and personnel matters.

18 (8) To sue and be sued in the public charter

19 school’s own name.

20 (c) PROHIBITIONS AND OTHER REQUIREMENTS.—

21 (1) CONTRACTING AUTHORITY.—

22 (A) NOTICE REQUIREMENT.—Except in

23 the case of an emergency (as determined by the

24 eligible chartering authority of a public charter

25 school), with respect to any contract proposed
291

S 1594 RS

1 to be awarded by the public charter school and

2 having a value equal to or exceeding $10,000,

3 the school shall publish a notice of a request for

4 proposals in the District of Columbia Register

5 and newspapers of general circulation not less

6 than 30 days prior to the award of the contract.

7 (B) SUBMISSION TO THE AUTHORITY.—

8 (i) DEADLINE FOR SUBMISSION.—

9 With respect to any contract described in

10 subparagraph (A) that is awarded by a

11 public charter school, the school shall sub12 mit to the Authority, not later than 3 days

13 after the date on which the award is made,

14 all bids for the contract received by the

15 school, the name of the contractor who is

16 awarded the contract, and the rationale for

17 the award of the contract.

18 (ii) EFFECTIVE DATE OF CON19 TRACT.—

20 (I) IN GENERAL.—Subject to

21 subclause (II), a contract described in

22 subparagraph (A) shall become effec23 tive on the date that is 15 days after

24 the date the school makes the submis25 sion under clause (i) with respect to
292

S 1594 RS

1 the contract, or the effective date

2 specified in the contract, whichever is

3 later.

4 (II) EXCEPTION.—A contract de5 scribed in subparagraph (A) shall be

6 considered null and void if the Au7 thority determines, within 12 days of

8 the date the school makes the submis9 sion under clause (i) with respect to

10 the contract, that the contract endan11 gers the economic viability of the pub12 lic charter school.

13 (2) TUITION.—A public charter school may not

14 charge tuition, fees, or other mandatory payments,

15 except to nonresident students, or for field trips or

16 similar activities.

17 (3) CONTROL.—A public charter school—

18 (A) shall exercise exclusive control over its

19 expenditures, administration, personnel, and in20 structional methods, within the limitations im21 posed in this subtitle; and

22 (B) shall be exempt from District of Co23 lumbia statutes, policies, rules, and regulations

24 established for the District of Columbia public

25 schools by the Superintendent, Board of Edu-
293

S 1594 RS

1 cation, Mayor, District of Columbia Council, or

2 Authority, except as otherwise provided in the

3 school’s charter or this subtitle.

4 (4) HEALTH AND SAFETY.—A public charter

5 school shall maintain the health and safety of all

6 students attending such school.

7 (5) CIVIL RIGHTS AND IDEA.—The Age Dis8 crimination Act of 1975 (42 U.S.C. 6101 et seq.),

9 title VI of the Civil Rights Act of 1964 (42 U.S.C.

10 2000d et seq.), title IX of the Education Amend11 ments of 1972 (20 U.S.C. 1681 et seq.), section 504

12 of the Rehabilitation Act of 1973 (29 U.S.C. 794),

13 part B of the Individuals with Disabilities Education

14 Act (20 U.S.C. 1411 et seq.), and the Americans

15 with Disabilities Act of 1990 (42 U.S.C. 12101 et

16 seq.), shall apply to a public charter school.

17 (6) GOVERNANCE.—A public charter school

18 shall be governed by a Board of Trustees in a man19 ner consistent with the charter granted to the school

20 and the provisions of this subtitle.

21 (7) OTHER STAFF.—No employee of the Dis22 trict of Columbia public schools may be required to

23 accept employment with, or be assigned to, a public

24 charter school.
294

S 1594 RS

1 (8) OTHER STUDENTS.—No student enrolled in

2 a District of Columbia public school may be required

3 to attend a public charter school.

4 (9) TAXES OR BONDS.—A public charter school

5 shall not levy taxes or issue bonds.

6 (10) CHARTER REVISION.—A public charter

7 school seeking to revise its charter shall prepare a

8 petition for approval of the revision and file the peti9 tion with the eligible chartering authority that

10 granted the charter. The provisions of section 2203

11 shall apply to such a petition in the same manner

12 as such provisions apply to a petition to establish a

13 public charter school.

14 (11) ANNUAL REPORT.—

15 (A) IN GENERAL.—A public charter school

16 shall submit an annual report to the eligible

17 chartering authority that approved its charter

18 and to the Consensus Commission. The school

19 shall permit a member of the public to review

20 any such report upon request.

21 (B) CONTENTS.—A report submitted

22 under subparagraph (A) shall include the fol23 lowing data:

24 (i) A report on the extent to which the

25 school is meeting its mission and goals as
295

S 1594 RS

1 stated in the petition for the charter

2 school.

3 (ii) Student performance on any dis4 trictwide assessments.

5 (iii) Grade advancement for students

6 enrolled in the public charter school.

7 (iv) Graduation rates, college admis8 sion test scores, and college admission

9 rates, if applicable.

10 (v) Types and amounts of parental in11 volvement.

12 (vi) Official student enrollment.

13 (vii) Average daily attendance.

14 (viii) Average daily membership.

15 (ix) A financial statement audited by

16 an independent certified public accountant

17 in accordance with Government auditing

18 standards for financial audits issued by the

19 Comptroller General of the United States.

20 (x) A report on school staff indicating

21 the qualifications and responsibilities of

22 such staff.

23 (xi) A list of all donors and grantors

24 that have contributed monetary or in-kind

25 donations having a value equal to or ex-
296

S 1594 RS

1 ceeding $500 during the year that is the

2 subject of the report.

3 (C) NONIDENTIFYING DATA.—Data de4 scribed in clauses (i) through (ix) of subpara5 graph (B) that are included in an annual report

6 shall not identify the individuals to whom the

7 data pertain.

8 (12) CENSUS.—A public charter school shall

9 provide to the Board of Education student enroll10 ment data necessary for the Board of Education to

11 comply with section 3 of article II of the Act of Feb12 ruary 4, 1925 (D.C. Code, sec. 31–404) (relating to

13 census of minors).

14 (13) COMPLAINT RESOLUTION PROCESS.—A

15 public charter school shall establish an informal

16 complaint resolution process.

17 (14) PROGRAM OF EDUCATION.—A public char18 ter school shall provide a program of education

19 which shall include one or more of the following:

20 (A) Preschool.

21 (B) Prekindergarten.

22 (C) Any grade or grades from kindergarten

23 through grade 12.

24 (D) Residential education.
297

S 1594 RS

1 (E) Adult, community, continuing, and vo2 cational education programs.

3 (15) NONSECTARIAN NATURE OF SCHOOLS.—A

4 public charter school shall be nonsectarian and shall

5 not be affiliated with a sectarian school or religious

6 institution.

7 (16) NONPROFIT STATUS OF SCHOOL.—A pub8 lic charter school shall be organized under the Dis9 trict of Columbia Nonprofit Corporation Act (D.C.

10 Code, sec. 29–501 et seq.).

11 (17) IMMUNITY FROM CIVIL LIABILITY.—

12 (A) IN GENERAL.—A public charter school,

13 and its incorporators, Board of Trustees, offi14 cers, employees, and volunteers, shall be im15 mune from civil liability, both personally and

16 professionally, for any act or omission within

17 the scope of their official duties unless the act

18 or omission—

19 (i) constitutes gross negligence;

20 (ii) constitutes an intentional tort; or

21 (iii) is criminal in nature.

22 (B) COMMON LAW IMMUNITY PRE23 SERVED.—Subparagraph (A) shall not be con24 strued to abrogate any immunity under com-
298

S 1594 RS

1 mon law of a person described in such subpara2 graph.

3 SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER

4 SCHOOL.

5 (a) BOARD OF TRUSTEES.—The members of a Board

6 of Trustees of a public charter school shall be elected or

7 selected pursuant to the charter granted to the school.

8 Such Board of Trustees shall have an odd number of

9 members that does not exceed 7, of which—

10 (1) a majority shall be residents of the District

11 of Columbia; and

12 (2) at least 2 shall be parents of a student at13 tending the school.

14 (b) ELIGIBILITY.—An individual is eligible for elec15 tion or selection to the Board of Trustees of a public char16 ter school if the person—

17 (1) is a teacher or staff member who is em18 ployed at the school;

19 (2) is a parent of a student attending the

20 school; or

21 (3) meets the election or selection criteria set

22 forth in the charter granted to the school.

23 (c) ELECTION OR SELECTION OF PARENTS.—In the

24 case of the first Board of Trustees of a public charter

25 school to be elected or selected after the date on which
299

S 1594 RS

1 the school is granted a charter, the election or selection

2 of the members under subsection (a)(2) shall occur on the

3 earliest practicable date after classes at the school have

4 commenced. Until such date, any other members who have

5 been elected or selected shall serve as an interim Board

6 of Trustees. Such an interim Board of Trustees may exer7 cise all of the powers, and shall be subject to all of the

8 duties, of a Board of Trustees.

9 (d) FIDUCIARIES.—The Board of Trustees of a public

10 charter school shall be fiduciaries of the school and shall

11 set overall policy for the school. The Board of Trustees

12 may make final decisions on matters related to the oper13 ation of the school, consistent with the charter granted

14 to the school, this subtitle, and other applicable law.

15 SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITH16 DRAWAL.

17 (a) OPEN ENROLLMENT.—Enrollment in a public

18 charter school shall be open to all students who are resi19 dents of the District of Columbia and, if space is available,

20 to nonresident students who meet the tuition requirement

21 in subsection (e).

22 (b) CRITERIA FOR ADMISSION.—A public charter

23 school may not limit enrollment on the basis of a student’s

24 race, color, religion, national origin, language spoken, in25 tellectual or athletic ability, measures of achievement or
300

S 1594 RS

1 aptitude, or status as a student with special needs. A pub2 lic charter school may limit enrollment to specific grade

3 levels.

4 (c) RANDOM SELECTION.—If there are more applica5 tions to enroll in a public charter school from students

6 who are residents of the District of Columbia than there

7 are spaces available, students shall be admitted using a

8 random selection process.

9 (d) ADMISSION TO AN EXISTING SCHOOL.—During

10 the 5-year period beginning on the date that a petition,

11 filed by an eligible applicant seeking to convert a District

12 of Columbia public school or a private or independent

13 school into a public charter school, is approved, the school

14 may give priority in enrollment to—

15 (1) students enrolled in the school at the time

16 the petition is granted;

17 (2) the siblings of students described in para18 graph (1); and

19 (3) in the case of the conversion of a District

20 of Columbia public school, students who reside with21 in the attendance boundaries, if any, in which the

22 school is located.

23 (e) NONRESIDENT STUDENTS.—Nonresident stu24 dents shall pay tuition to attend a public charter school

25 at the applicable rate established for District of Columbia
301

S 1594 RS

1 public schools administered by the Board of Education for

2 the type of program in which the student is enrolled.

3 (f) STUDENT WITHDRAWAL.—A student may with4 draw from a public charter school at any time and, if oth5 erwise eligible, enroll in a District of Columbia public

6 school administered by the Board of Education.

7 (g) EXPULSION AND SUSPENSION.—The principal of

8 a public charter school may expel or suspend a student

9 from the school based on criteria set forth in the charter

10 granted to the school.

11 SEC. 2207. EMPLOYEES.

12 (a) EXTENDED LEAVE OF ABSENCE WITHOUT

13 PAY.—

14 (1) LEAVE OF ABSENCE FROM DISTRICT OF CO15 LUMBIA PUBLIC SCHOOLS.—The Superintendent

16 shall grant, upon request, an extended leave of ab17 sence, without pay, to an employee of the District of

18 Columbia public schools for the purpose of permit19 ting the employee to accept a position at a public

20 charter school for a 2-year term.

21 (2) REQUEST FOR EXTENSION.—At the end of

22 a 2-year term referred to in paragraph (1), an em23 ployee granted an extended leave of absence without

24 pay under such paragraph may submit a request to

25 the Superintendent for an extension of the leave of
302

S 1594 RS

1 absence for an unlimited number of 2-year terms.

2 The Superintendent may not unreasonably (as deter3 mined by the eligible chartering authority) withhold

4 approval of the request.

5 (3) RIGHTS UPON TERMINATION OF LEAVE.—

6 An employee granted an extended leave of absence

7 without pay for the purpose described in paragraph

8 (1) or (2) shall have the same rights and benefits

9 under law upon termination of such leave of absence

10 as an employee of the District of Columbia public

11 schools who is granted an extended leave of absence

12 without pay for any other purpose.

13 (b) RETIREMENT SYSTEM.—

14 (1) CREDITABLE SERVICE.—An employee of a

15 public charter school who has received a leave of ab16 sence under subsection (a) shall receive creditable

17 service, as defined in section 2604 of D.C. Law 2–

18 139, effective March 3, 1979 (D.C. Code, sec. 1–

19 627.4) and the rules established under such section,

20 for the period of the employee’s employment at the

21 public charter school.

22 (2) AUTHORITY TO ESTABLISH SEPARATE SYS23 TEM.—A public charter school may establish a re24 tirement system for employees under its authority.
303

S 1594 RS

1 (3) ELECTION OF RETIREMENT SYSTEM.—A

2 former employee of the District of Columbia public

3 schools who becomes an employee of a public charter

4 school within 60 days after the date the employee’s

5 employment with the District of Columbia public

6 schools is terminated may, at the time the employee

7 commences employment with the public charter

8 school, elect—

9 (A) to remain in a District of Columbia

10 Government retirement system and continue to

11 receive creditable service for the period of their

12 employment at a public charter school; or

13 (B) to transfer into a retirement system

14 established by the public charter school pursu15 ant to paragraph (2).

16 (4) PROHIBITED EMPLOYMENT CONDITIONS.—

17 No public charter school may require a former em18 ployee of the District of Columbia public schools to

19 transfer to the public charter school’s retirement

20 system as a condition of employment.

21 (5) CONTRIBUTIONS.—

22 (A) EMPLOYEES ELECTING NOT TO TRANS23 FER.—In the case of a former employee of the

24 District of Columbia public schools who elects

25 to remain in a District of Columbia Govern-
304

S 1594 RS

1 ment retirement system pursuant to paragraph

2 (3)(A), the public charter school that employs

3 the person shall make the same contribution to

4 such system on behalf of the person as the Dis5 trict of Columbia would have been required to

6 make if the person had continued to be an em7 ployee of the District of Columbia public

8 schools.

9 (B) EMPLOYEES ELECTING TO TRANS10 FER.—In the case of a former employee of the

11 District of Columbia public schools who elects

12 to transfer into a retirement system of a public

13 charter school pursuant to paragraph (3)(B),

14 the applicable District of Columbia Government

15 retirement system from which the former em16 ployee is transferring shall compute the employ17 ee’s contribution to that system and transfer

18 this amount, to the retirement system of the

19 public charter school.

20 (c) EMPLOYMENT STATUS.—Notwithstanding any

21 other provision of law and except as provided in this sec22 tion, an employee of a public charter school shall not be

23 considered to be an employee of the District of Columbia

24 Government for any purpose.
305

S 1594 RS

1 SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPOR2 TATION.

3 A student attending a public charter school shall be

4 eligible for reduced fares on the Metrobus and Metrorail

5 Transit System on the same terms and conditions as are

6 applicable under section 2 of D.C. Law 2–152, effective

7 March 9, 1979 (D.C. Code, sec. 44–216 et seq.), to a stu8 dent attending a District of Columbia public school.

9 SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV10 ICES TO PUBLIC CHARTER SCHOOLS.

11 The Superintendent may provide services, such as fa12 cilities maintenance, to public charter schools. All com13 pensation for costs of such services shall be subject to ne14 gotiation and mutual agreement between a public charter

15 school and the Superintendent.

16 SEC. 2210. APPLICATION OF LAW.

17 (a) ELEMENTARY AND SECONDARY EDUCATION ACT

18 OF 1965.—

19 (1) TREATMENT AS LOCAL EDUCATIONAL

20 AGENCY.—

21 (A) IN GENERAL.—For any fiscal year, a

22 public charter school shall be considered to be

23 a local educational agency for purposes of part

24 A of title I of the Elementary and Secondary

25 Education Act of 1965 (20 U.S.C. 6311 et

26 seq.), and shall be eligible for assistance under
306

S 1594 RS

1 such part, if the fraction the numerator of

2 which is the number of low-income students en3 rolled in the public charter school during the

4 fiscal year preceding the fiscal year for which

5 the determination is made and the denominator

6 of which is the total number of students en7 rolled in such public charter school for such

8 preceding year, is equal to or greater than the

9 lowest fraction determined for any District of

10 Columbia public school receiving assistance

11 under such part A where the numerator is the

12 number of low-income students enrolled in such

13 public school for such preceding year and the

14 denominator is the total number of students en15 rolled in such public school for such preceding

16 year.

17 (B) DEFINITION.—For the purposes of

18 this subsection, the term ‘‘low-income student’’

19 means a student from a low-income family de20 termined according to the measure adopted by

21 the District of Columbia to carry out the provi22 sions of part A of title I of the Elementary and

23 Secondary Education Act of 1965 that is con24 sistent with the measures described in section

25 1113(a)(5) of such Act (20 U.S.C. 6313(a)(5))
307

S 1594 RS

1 for the fiscal year for which the determination

2 is made.

3 (2) ALLOCATION FOR FISCAL YEARS 1996

4 THROUGH 1998.—

5 (A) PUBLIC CHARTER SCHOOLS.—For fis6 cal years 1996 through 1998, each public char7 ter school that is eligible to receive assistance

8 under part A of title I of the Elementary and

9 Secondary Education Act of 1965 shall receive

10 a portion of the District of Columbia’s total al11 location under such part which bears the same

12 ratio to such total allocation as the number de13 scribed in subparagraph (C) bears to the num14 ber described in subparagraph (D).

15 (B) DISTRICT OF COLUMBIA PUBLIC

16 SCHOOLS.—For fiscal years 1996 through

17 1998, the District of Columbia public schools

18 shall receive a portion of the District of Colum19 bia’s total allocation under part A of title I of

20 the Elementary and Secondary Education Act

21 of 1965 which bears the same ratio to such

22 total allocation as the total of the numbers de23 scribed in clauses (ii) and (iii) of subparagraph

24 (D) bears to the aggregate total described in

25 subparagraph (D).
308

S 1594 RS

1 (C) NUMBER OF ELIGIBLE STUDENTS EN2 ROLLED IN THE PUBLIC CHARTER SCHOOL.—

3 The number described in this subparagraph is

4 the number of low-income students enrolled in

5 the public charter school during the fiscal year

6 preceding the fiscal year for which the deter7 mination is made.

8 (D) AGGREGATE NUMBER OF ELIGIBLE

9 STUDENTS.—The number described in this sub10 paragraph is the aggregate total of the follow11 ing numbers:

12 (i) The number of low-income stu13 dents who, during the fiscal year preceding

14 the fiscal year for which the determination

15 is made, were enrolled in a public charter

16 school.

17 (ii) The number of low-income stu18 dents who, during the fiscal year preceding

19 the fiscal year for which the determination

20 is made, were enrolled in a District of Co21 lumbia public school selected to provide

22 services under part A of title I of the Ele23 mentary and Secondary Education Act of

24 1965.
309

S 1594 RS

1 (iii) The number of low-income stu2 dents who, during the fiscal year preceding

3 the fiscal year for which the determination

4 is made—

5 (I) were enrolled in a private or

6 independent school; and

7 (II) resided in an attendance

8 area of a District of Columbia public

9 school selected to provide services

10 under part A of title I of the Elemen11 tary and Secondary Education Act of

12 1965.

13 (3) ALLOCATION FOR FISCAL YEAR 1999 AND

14 THEREAFTER.—

15 (A) CALCULATION BY SECRETARY.—Not16 withstanding sections 1124(a)(2), 1124A(a)(4),

17 and 1125(d) of the Elementary and Secondary

18 Education Act of 1965 (20 U.S.C. 6333(a)(2),

19 6334(a)(4), and 6335(d)), for fiscal year 1999

20 and each fiscal year thereafter, the total alloca21 tion under part A of title I of such Act for all

22 local educational agencies in the District of Co23 lumbia, including public charter schools that

24 are eligible to receive assistance under such

25 part, shall be calculated by the Secretary of
310

S 1594 RS

1 Education. In making such calculation, such

2 Secretary shall treat all such local educational

3 agencies as if such agencies were a single local

4 educational agency for the District of Columbia.

5 (B) ALLOCATION.—

6 (i) PUBLIC CHARTER SCHOOLS.—For

7 fiscal year 1999 and each fiscal year there8 after, each public charter school that is eli9 gible to receive assistance under part A of

10 title I of the Elementary and Secondary

11 Education Act of 1965 shall receive a por12 tion of the total allocation calculated under

13 subparagraph (A) which bears the same

14 ratio to such total allocation as the number

15 described in paragraph (2)(C) bears to the

16 aggregate total described in paragraph

17 (2)(D).

18 (ii) DISTRICT OF COLUMBIA PUBLIC

19 SCHOOL.—For fiscal year 1999 and each

20 fiscal year thereafter, the District of Co21 lumbia public schools shall receive a por22 tion of the total allocation calculated under

23 subparagraph (A) which bears the same

24 ratio to such total allocation as the total of

25 the numbers described in clauses (ii) and
311

S 1594 RS

1 (iii) of paragraph (2)(D) bears to the ag2 gregate total described in paragraph

3 (2)(D).

4 (4) USE OF ESEA FUNDS.—The Board of Edu5 cation may not direct a public charter school in the

6 school’s use of funds under part A of title I of the

7 Elementary and Secondary Education Act of 1965.

8 (5) ESEA REQUIREMENTS.—Except as pro9 vided in paragraph (6), a public charter school re10 ceiving funds under part A of title I of the Elemen11 tary and Secondary Education Act of 1965 (20

12 U.S.C. 6301 et seq.) shall comply with all require13 ments applicable to schools receiving such funds.

14 (6) INAPPLICABILITY OF CERTAIN ESEA PROVI15 SIONS.—The following provisions of the Elementary

16 and Secondary Education Act of 1965 shall not

17 apply to a public charter school:

18 (A) Paragraphs (5) and (8) of section

19 1112(b) (20 U.S.C. 6312(b)).

20 (B) Paragraphs (1)(A), (1)(B), (1)(C),

21 (1)(D), (1)(F), (1)(H), and (3) of section

22 1112(c) (20 U.S.C. 6312(c)).

23 (C) Section 1113 (20 U.S.C. 6313).

24 (D) Section 1115A (20 U.S.C. 6316).
312

S 1594 RS

1 (E) Subsections (a), (b), and (c) of section

2 1116 (20 U.S.C. 6317).

3 (F) Subsections (d) and (e) of section

4 1118 (20 U.S.C. 6319).

5 (G) Section 1120 (20 U.S.C. 6321).

6 (H) Subsections (a) and (c) of section

7 1120A (20 U.S.C. 6322).

8 (I) Section 1126 (20 U.S.C. 6337).

9 (b) PROPERTY AND SALES TAXES.—A public charter

10 school shall be exempt from District of Columbia property

11 and sales taxes.

12 (c) EDUCATION OF CHILDREN WITH DISABIL13 ITIES.—Notwithstanding any other provision of this title,

14 each public charter school shall elect to be treated as a

15 local educational agency or a District of Columbia public

16 school for the purpose of part B of the Individuals with

17 Disabilities Education Act (20 U.S.C. 1411 et seq.) and

18 section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

19 794).

20 SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING

21 AUTHORITIES.

22 (a) OVERSIGHT.—

23 (1) IN GENERAL.—An eligible chartering au24 thority—
313

S 1594 RS

1 (A) shall monitor the operations of each

2 public charter school to which the eligible char3 tering authority has granted a charter;

4 (B) shall ensure that each such school

5 complies with applicable laws and the provisions

6 of the charter granted to such school; and

7 (C) shall monitor the progress of each such

8 school in meeting student academic achievement

9 expectations specified in the charter granted to

10 such school.

11 (2) PRODUCTION OF BOOKS AND RECORDS.—

12 An eligible chartering authority may require a public

13 charter school to which the eligible chartering au14 thority has granted a charter to produce any book,

15 record, paper, or document, if the eligible chartering

16 authority determines that such production is nec17 essary for the eligible chartering authority to carry

18 out its functions under this subtitle.

19 (b) FEES.—

20 (1) APPLICATION FEE.—An eligible chartering

21 authority may charge an eligible applicant a fee, not

22 to exceed $150, for processing a petition to establish

23 a public charter school.

24 (2) ADMINISTRATION FEE.—In the case of an

25 eligible chartering authority that has granted a char-
314

S 1594 RS

1 ter to a public charter school, the eligible chartering

2 authority may charge the school a fee, not to exceed

3 one-half of one percent of the annual budget of the

4 school, to cover the cost of undertaking the ongoing

5 administrative responsibilities of the eligible charter6 ing authority with respect to the school that are de7 scribed in this subtitle. The school shall pay the fee

8 to the eligible chartering authority not later than

9 November 15 of each year.

10 (c) IMMUNITY FROM CIVIL LIABILITY.—

11 (1) IN GENERAL.—An eligible chartering au12 thority, the Board of Trustees of such an eligible

13 chartering authority, and a director, officer, em14 ployee, or volunteer of such an eligible chartering

15 authority, shall be immune from civil liability, both

16 personally and professionally, for any act or omis17 sion within the scope of their official duties unless

18 the act or omission—

19 (A) constitutes gross negligence;

20 (B) constitutes an intentional tort; or

21 (C) is criminal in nature.

22 (2) COMMON LAW IMMUNITY PRESERVED.—

23 Paragraph (1) shall not be construed to abrogate

24 any immunity under common law of a person de25 scribed in such paragraph.
315

S 1594 RS

1 (d) ANNUAL REPORT.—On or before July 30 of each

2 year, each eligible chartering authority that issues a char3 ter under this subtitle shall submit a report to the Mayor,

4 the District of Columbia Council, the Board of Education,

5 the Secretary of Education, the appropriate congressional

6 committees, and the Consensus Commission that includes

7 the following information:

8 (1) A list of the members of the eligible char9 tering authority and the addresses of such members.

10 (2) A list of the dates and places of each meet11 ing of the eligible chartering authority during the

12 year preceding the report.

13 (3) The number of petitions received by the eli14 gible chartering authority for the conversion of a

15 District of Columbia public school or a private or

16 independent school to a public charter school, and

17 for the creation of a new school as a public charter

18 school.

19 (4) The number of petitions described in para20 graph (3) that were approved and the number that

21 were denied, as well as a summary of the reasons for

22 which such petitions were denied.

23 (5) A description of any new charters issued by

24 the eligible chartering authority during the year pre25 ceding the report.
316

S 1594 RS

1 (6) A description of any charters renewed by

2 the eligible chartering authority during the year pre3 ceding the report.

4 (7) A description of any charters revoked by the

5 eligible chartering authority during the year preced6 ing the report.

7 (8) A description of any charters refused re8 newal by the eligible chartering authority during the

9 year preceding the report.

10 (9) Any recommendations the eligible charter11 ing authority has concerning ways to improve the

12 administration of public charter schools.

13 SEC. 2212. CHARTER RENEWAL.

14 (a) TERM.—A charter granted to a public charter

15 school shall remain in force for a 5-year period, but may

16 be renewed for an unlimited number of times, each time

17 for a 5-year period.

18 (b) APPLICATION FOR CHARTER RENEWAL.—In the

19 case of a public charter school that desires to renew its

20 charter, the Board of Trustees of the school shall file an

21 application to renew the charter with the eligible charter22 ing authority that granted the charter not later than 120

23 days nor earlier than 365 days before the expiration of

24 the charter. The application shall contain the following:
317

S 1594 RS

1 (1) A report on the progress of the public char2 ter school in achieving the goals, student academic

3 achievement expectations, and other terms of the ap4 proved charter.

5 (2) All audited financial statements for the pub6 lic charter school for the preceding 4 years.

7 (c) APPROVAL OF CHARTER RENEWAL APPLICA8 TION.—The eligible chartering authority that granted a

9 charter shall approve an application to renew the charter

10 that is filed in accordance with subsection (b), except that

11 the eligible chartering authority shall not approve such ap12 plication if the eligible chartering authority determines

13 that—

14 (1) the school committed a material violation of

15 applicable laws or a material violation of the condi16 tions, terms, standards, or procedures set forth in

17 its charter, including violations relating to the edu18 cation of children with disabilities; or

19 (2) the school failed to meet the goals and stu20 dent academic achievement expectations set forth in

21 its charter.

22 (d) PROCEDURES FOR CONSIDERATION OF CHARTER

23 RENEWAL.—

24 (1) NOTICE OF RIGHT TO HEARING.—An eligi25 ble chartering authority that has received an appli-
318

S 1594 RS

1 cation to renew a charter that is filed by a Board

2 of Trustees in accordance with subsection (b) shall

3 provide to the Board of Trustees written notice of

4 the right to an informal hearing on the application.

5 The eligible chartering authority shall provide the

6 notice not later than 15 days after the date on which

7 the eligible chartering authority received the applica8 tion.

9 (2) REQUEST FOR HEARING.—Not later than

10 15 days after the date on which a Board of Trustees

11 receives a notice under paragraph (1), the Board of

12 Trustees may request, in writing, an informal hear13 ing on the application before the eligible chartering

14 authority.

15 (3) DATE AND TIME OF HEARING.—

16 (A) NOTICE.—Upon receiving a timely

17 written request for a hearing under paragraph

18 (2), an eligible chartering authority shall set a

19 date and time for the hearing and shall provide

20 reasonable notice of the date and time, as well

21 as the procedures to be followed at the hearing,

22 to the Board of Trustees.

23 (B) DEADLINE.—An informal hearing

24 under this subsection shall take place not later

25 than 30 days after an eligible chartering au-
319

S 1594 RS

1 thority receives a timely written request for the

2 hearing under paragraph (2).

3 (4) FINAL DECISION.—

4 (A) DEADLINE.—An eligible chartering au5 thority shall render a final decision, in writing,

6 on an application to renew a charter—

7 (i) not later than 30 days after the

8 date on which the eligible chartering au9 thority provided the written notice of the

10 right to a hearing, in the case of an appli11 cation with respect to which such a hearing

12 is not held; and

13 (ii) not later than 30 days after the

14 date on which the hearing is concluded, in

15 the case of an application with respect to

16 which a hearing is held.

17 (B) REASONS FOR NONRENEWAL.—An eli18 gible chartering authority that denies an appli19 cation to renew a charter shall state in its deci20 sion the reasons for denial.

21 (5) ALTERNATIVES UPON NONRENEWAL.—If an

22 eligible chartering authority denies an application to

23 renew a charter granted to a public charter school,

24 the Board of Education may—
320

S 1594 RS

1 (A) manage the school directly until alter2 native arrangements can be made for students

3 at the school; or

4 (B) place the school in a probationary sta5 tus that requires the school to take remedial ac6 tions, to be determined by the Board of Edu7 cation, that directly relate to the grounds for

8 the denial.

9 (6) JUDICIAL REVIEW.—

10 (A) AVAILABILITY OF REVIEW.—A decision

11 by an eligible chartering authority to deny an

12 application to renew a charter shall be subject

13 to judicial review by an appropriate court of the

14 District of Columbia.

15 (B) STANDARD OF REVIEW.—A decision by

16 an eligible chartering authority to deny an ap17 plication to renew a charter shall be upheld un18 less the decision is arbitrary and capricious or

19 clearly erroneous.

20 SEC. 2213. CHARTER REVOCATION.

21 (a) CHARTER OR LAW VIOLATIONS.—An eligible

22 chartering authority that has granted a charter to a public

23 charter school may revoke the charter if the eligible char24 tering authority determines that the school has committed

25 a violation of applicable laws or a material violation of the
321

S 1594 RS

1 conditions, terms, standards, or procedures set forth in the

2 charter, including violations relating to the education of

3 children with disabilities.

4 (b) FISCAL MISMANAGEMENT.—An eligible charter5 ing authority that has granted a charter to a public char6 ter school shall revoke the charter if the eligible chartering

7 authority determines that the school—

8 (1) has engaged in a pattern of nonadherence

9 to generally accepted accounting principles;

10 (2) has engaged in a pattern of fiscal mis11 management; or

12 (3) is no longer economically viable.

13 (c) PROCEDURES FOR CONSIDERATION OF REVOCA14 TION.—

15 (1) NOTICE OF RIGHT TO HEARING.—An eligi16 ble chartering authority that is proposing to revoke

17 a charter granted to a public charter school shall

18 provide to the Board of Trustees of the school a

19 written notice stating the reasons for the proposed

20 revocation. The notice shall inform the Board of

21 Trustees of the right of the Board of Trustees to an

22 informal hearing on the proposed revocation.

23 (2) REQUEST FOR HEARING.—Not later than

24 15 days after the date on which a Board of Trustees

25 receives a notice under paragraph (1), the Board of
322

S 1594 RS

1 Trustees may request, in writing, an informal hear2 ing on the proposed revocation before the eligible

3 chartering authority.

4 (3) DATE AND TIME OF HEARING.—

5 (A) NOTICE.—Upon receiving a timely

6 written request for a hearing under paragraph

7 (2), an eligible chartering authority shall set a

8 date and time for the hearing and shall provide

9 reasonable notice of the date and time, as well

10 as the procedures to be followed at the hearing,

11 to the Board of Trustees.

12 (B) DEADLINE.—An informal hearing

13 under this subsection shall take place not later

14 than 30 days after an eligible chartering au15 thority receives a timely written request for the

16 hearing under paragraph (2).

17 (4) FINAL DECISION.—

18 (A) DEADLINE.—An eligible chartering au19 thority shall render a final decision, in writing,

20 on the revocation of a charter—

21 (i) not later than 30 days after the

22 date on which the eligible chartering au23 thority provided the written notice of the

24 right to a hearing, in the case of a pro-
323

S 1594 RS

1 posed revocation with respect to which

2 such a hearing is not held; and

3 (ii) not later than 30 days after the

4 date on which the hearing is concluded, in

5 the case of a proposed revocation with re6 spect to which a hearing is held.

7 (B) REASONS FOR REVOCATION.—An eligi8 ble chartering authority that revokes a charter

9 shall state in its decision the reasons for the

10 revocation.

11 (5) ALTERNATIVES UPON REVOCATION.—If an

12 eligible chartering authority revokes a charter grant13 ed to a public charter school, the Board of Edu14 cation may manage the school directly until alter15 native arrangements can be made for students at the

16 school.

17 (6) JUDICIAL REVIEW.—

18 (A) AVAILABILITY OF REVIEW.—A decision

19 by an eligible chartering authority to revoke a

20 charter shall be subject to judicial review by an

21 appropriate court of the District of Columbia.

22 (B) STANDARD OF REVIEW.—A decision by

23 an eligible chartering authority to revoke a

24 charter shall be upheld unless the decision is

25 arbitrary and capricious or clearly erroneous.
324

S 1594 RS

1 SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

2 (a) ESTABLISHMENT.—

3 (1) IN GENERAL.—There is established within

4 the District of Columbia Government a Public Char5 ter School Board (in this section referred to as the

6 ‘‘Board’’).

7 (2) MEMBERSHIP.—The Secretary of Education

8 shall present the Mayor a list of 15 individuals the

9 Secretary determines are qualified to serve on the

10 Board. The Mayor, in consultation with the District

11 of Columbia City Council, shall appoint 7 individuals

12 from the list to serve on the Board. The Secretary

13 of Education shall recommend, and the Mayor shall

14 appoint, members to serve on the Board so that a

15 knowledge of each of the following areas is rep16 resented on the Board:

17 (A) Research about and experience in stu18 dent learning, quality teaching, and evaluation

19 of and accountability in successful schools.

20 (B) The operation of a financially sound

21 enterprise, including leadership and manage22 ment techniques, as well as the budgeting and

23 accounting skills critical to the startup of a suc24 cessful enterprise.

25 (C) The educational, social, and economic

26 development needs of the District of Columbia.
325

S 1594 RS

1 (D) The needs and interests of students

2 and parents in the District of Columbia, as well

3 as methods of involving parents and other mem4 bers of the community in individual schools.

5 (3) VACANCIES.—Any time there is a vacancy

6 in the membership of the Board, the Secretary of

7 Education shall present the Mayor a list of 3 indi8 viduals the Secretary determines are qualified to

9 serve on the Board. The Mayor, in consultation with

10 the District of Columbia Council, shall appoint 1 in11 dividual from the list to serve on the Board. The

12 Secretary shall recommend and the Mayor shall ap13 point, such member of the Board taking into consid14 eration the criteria described in paragraph (2). Any

15 member appointed to fill a vacancy occurring prior

16 to the expiration of the term of a predecessor shall

17 be appointed only for the remainder of the term.

18 (4) TIME LIMIT FOR APPOINTMENTS.—If, at

19 any time, the Mayor does not appoint members to

20 the Board sufficient to bring the Board’s member21 ship to 7 within 30 days of receiving a recommenda22 tion from the Secretary of Education under para23 graph (2) or (3), the Secretary shall make such ap24 pointments as are necessary to bring the member25 ship of the Board to 7.
326

S 1594 RS

1 (5) TERMS OF MEMBERS.—

2 (A) IN GENERAL.—Members of the Board

3 shall serve for terms of 4 years, except that, of

4 the initial appointments made under paragraph

5 (2), the Mayor shall designate—

6 (i) 2 members to serve terms of 3

7 years;

8 (ii) 2 members to serve terms of 2

9 years; and

10 (iii) 1 member to serve a term of 1

11 year.

12 (B) REAPPOINTMENT.—Members of the

13 Board shall be eligible to be reappointed for one

14 4-year term beyond their initial term of ap15 pointment.

16 (6) INDEPENDENCE.—No person employed by

17 the District of Columbia public schools or a public

18 charter school shall be eligible to be a member of the

19 Board or to be employed by the Board.

20 (b) OPERATIONS OF THE BOARD.—

21 (1) CHAIR.—The members of the Board shall

22 elect from among their membership 1 individual to

23 serve as Chair. Such election shall be held each year

24 after members of the Board have been appointed to

25 fill any vacancies caused by the regular expiration of
327

S 1594 RS

1 previous members’ terms, or when requested by a

2 majority vote of the members of the Board.

3 (2) QUORUM.—A majority of the members of

4 the Board, not including any positions that may be

5 vacant, shall constitute a quorum sufficient for con6 ducting the business of the Board.

7 (3) MEETINGS.—The Board shall meet at the

8 call of the Chair, subject to the hearing require9 ments of sections 2203, 2212(d)(3), and 2213(c)(3).

10 (c) NO COMPENSATION FOR SERVICE.—Members of

11 the Board shall serve without pay, but may receive reim12 bursement for any reasonable and necessary expenses in13 curred by reason of service on the Board.

14 (d) PERSONNEL AND RESOURCES.—

15 (1) IN GENERAL.—Subject to such rules as may

16 be made by the Board, the Chair shall have the

17 power to appoint, terminate, and fix the pay of an

18 Executive Director and such other personnel of the

19 Board as the Chair considers necessary, but no indi20 vidual so appointed shall be paid in excess of the

21 rate payable for level EG–16 of the Educational

22 Service of the District of Columbia.

23 (2) SPECIAL RULE.—The Board is authorized

24 to use the services, personnel, and facilities of the

25 District of Columbia.
328

S 1594 RS

1 (e) EXPENSES OF BOARD.—Any expenses of the

2 Board shall be paid from such funds as may be available

3 to the Mayor.

4 (f) AUDIT.—The Board shall provide for an audit of

5 the financial statements of the Board by an independent

6 certified public accountant in accordance with Government

7 auditing standards for financial audits issued by the

8 Comptroller General of the United States.

9 (g) AUTHORIZATION OF APPROPRIATIONS.—For the

10 purpose of carrying out the provisions of this section and

11 conducting the Board’s functions required by this subtitle,

12 there are authorized to be appropriated $300,000 for fis13 cal year 1996 and such sums as may be necessary for each

14 of the 4 succeeding fiscal years.

15 SEC. 2215. FEDERAL ENTITIES.

16 (a) IN GENERAL.—The following Federal agencies

17 and federally established entities are encouraged to ex18 plore whether it is feasible for the agency or entity to es19 tablish one or more public charter schools:

20 (1) The Library of Congress.

21 (2) The National Aeronautics and Space Ad22 ministration.

23 (3) The Drug Enforcement Administration.

24 (4) The National Science Foundation.

25 (5) The Department of Justice.
329

S 1594 RS

1 (6) The Department of Defense.

2 (7) The Department of Education.

3 (8) The Smithsonian Institution, including the

4 National Zoological Park, the National Museum of

5 American History, the John F. Kennedy Center for

6 the Performing Arts, and the National Gallery of

7 Art.

8 (b) REPORT.—Not later than 120 days after date of

9 enactment of this Act, any agency or institution described

10 in subsection (a) that has explored the feasibility of estab11 lishing a public charter school shall report its determina12 tion on the feasibility to the appropriate committees of the

13 Congress.

14 Subtitle C—Even Start

15 SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

17 1002 of the Elementary and Secondary Education Act of

18 1965 (20 U.S.C. 6302) is amended by striking subsection

19 (b) and inserting the following:

20 ‘‘(b) EVEN START.—

21 ‘‘(1) IN GENERAL.—For the purpose of carry22 ing out part B, there are authorized to be appro23 priated $118,000,000 for fiscal year 1995 and such

24 sums as may be necessary for each of the four suc25 ceeding fiscal years.
330

S 1594 RS

1 ‘‘(2) DISTRICT OF COLUMBIA.—For the purpose

2 of carrying out Even Start programs in the District

3 of Columbia described in section 1211, there are au4 thorized to be appropriated—

5 ‘‘(A) $2,000,000 for fiscal year 1996;

6 ‘‘(B) $3,500,000 for fiscal year 1997;

7 ‘‘(C) $5,000,000 for fiscal year 1998;

8 ‘‘(D) $5,000,000 for fiscal year 1999; and

9 ‘‘(E) $5,000,000 for fiscal year 2000.’’.

10 (b) EVEN START FAMILY LITERACY PROGRAMS.—

11 Part B of title I of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 6361 et seq.) is amended—

13 (1) in section 1202(a)(1) (20 U.S.C.

14 6362(a)(1)), by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

15 (2) in section 1202(b) (20 U.S.C. 6362(b)), by

16 inserting ‘‘(1)’’ after ‘‘1002(b)’’;

17 (3) in section 1202(d)(3) (20 U.S.C.

18 6362(d)(3)), by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

19 (4) in section 1204(a) (20 U.S.C. 6364(a)), by

20 inserting ‘‘intensive’’ after ‘‘cost of providing’’;

21 (5) in section 1205(4) (20 U.S.C. 6365(4)), by

22 inserting ‘‘, intensive’’ after ‘‘high-quality’’; and

23 (6) by adding at the end the following new sec24 tion:
331

S 1594 RS

1 ‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA2 TIVES.

3 ‘‘(a) DISTRICT OF COLUMBIA PROGRAM AUTHOR4 IZED.—

5 ‘‘(1) IN GENERAL.—In addition to any grant

6 for the District of Columbia authorized under sec7 tion 1202, the Secretary shall provide grants, on a

8 competitive basis, to eligible entities to enable such

9 entities to carry out Even Start programs in the

10 District of Columbia that build on the findings of

11 the National Evaluation of the Even Start Family

12 Literacy Program, such as providing intensive serv13 ices in early childhood education, parent training,

14 and adult literacy or adult education.

15 ‘‘(2) NUMBER OF GRANTS.—The Secretary

16 shall award—

17 ‘‘(A) not more than 8 grants under this

18 section for fiscal year 1996;

19 ‘‘(B) not more than 14 grants under this

20 section for fiscal year 1997;

21 ‘‘(C) not more than 20 grants under this

22 section for each of the fiscal years 1998 and

23 1999; and

24 ‘‘(D) not more than 20 grants under this

25 section, or such number as the Secretary deter26 mines appropriate taking into account the re-
332

S 1594 RS

1 sults of evaluations described in subsection (i),

2 for fiscal year 2000.

3 ‘‘(b) DEFINITION.—For the purpose of this section,

4 the term ‘eligible entity’ means a partnership composed

5 of at least—

6 ‘‘(1) a District of Columbia public school;

7 ‘‘(2) the local educational agency in existence

8 on September 1, 1995 for the District of Columbia,

9 any other public organization, or an institution of

10 higher education (as defined in section 1201(a) of

11 the Higher Education Act of 1965 (20 U.S.C.

12 1141(a))); and

13 ‘‘(3) a private nonprofit community-based orga14 nization.

15 ‘‘(c) USES OF FUNDS; FEDERAL SHARE.—

16 ‘‘(1) COMPLIANCE.—Each eligible entity that

17 receives funds under this section shall comply with

18 section 1204(a) and 1204(b)(3), relating to the use

19 of such funds.

20 ‘‘(2) FEDERAL SHARE.—Each program funded

21 under this section is subject to the Federal share re22 quirement of section 1204(b)(1), except that the

23 Secretary may waive that requirement, in whole or

24 in part, for any eligible entity that demonstrates to

25 the Secretary’s satisfaction that such entity other-
333

S 1594 RS

1 wise would not be able to participate in the program

2 under this section.

3 ‘‘(3) MINIMUM.—Except as provided in para4 graph (4), each eligible entity selected to receive a

5 grant under this section shall receive not more than

6 $250,000 in any fiscal year, except that the Sec7 retary may increase such amount if the Secretary

8 determines that—

9 ‘‘(A) such entity needs additional funds to

10 be effective; and

11 ‘‘(B) the increase will not reduce the

12 amount of funds available to other eligible enti13 ties that receive funds under this section.

14 ‘‘(4) REMAINING FUNDS.—If funds remain

15 after payments are made under paragraph (3) for

16 any fiscal year, the Secretary shall make such re17 maining funds available to each eligible entity receiv18 ing a grant under this section for such year in an

19 amount that bears the same relation to such funds

20 as the amount each such entity received under this

21 section bears to the amount all such entities received

22 under this section.

23 ‘‘(d) PROGRAM ELEMENTS.—Each program assisted

24 under this section shall comply with the program elements

25 described in section 1205, including intensive high quality
334

S 1594 RS

1 instruction programs of early childhood education, parent

2 training, and adult literacy or adult education.

3 ‘‘(e) ELIGIBLE PARTICIPANTS.—

4 ‘‘(1) IN GENERAL.—Individuals eligible to par5 ticipate in a program under this section are—

6 ‘‘(A) the parent or parents of a child de7 scribed in subparagraph (B), or any other adult

8 who is substantially involved in the day-to-day

9 care of the child, if such parent or adult—

10 ‘‘(i) is eligible to participate in an

11 adult education program under the Adult

12 Education Act; or

13 ‘‘(ii) is attending, or is eligible by age

14 to attend, a District of Columbia public

15 school; and

16 ‘‘(B) any child, from birth through age 7,

17 of an individual described in subparagraph (A).

18 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi19 bility factors described in section 1206(b) shall apply

20 to programs under this section, except that for pur21 poses of this section—

22 ‘‘(A) the reference in paragraph (1) to sub23 section (a) shall be read to refer to paragraph

24 (1); and
335

S 1594 RS

1 ‘‘(B) references in such section to this part

2 shall be read to refer to this section.

3 ‘‘(f) APPLICATIONS.—Each eligible entity that wishes

4 to receive a grant under this section shall submit an appli5 cation to the Secretary at such time, in such manner, and

6 containing such information as the Secretary may require.

7 ‘‘(g) SELECTION OF GRANTEES.—In awarding grants

8 under this section, the Secretary shall—

9 ‘‘(1) use the selection criteria described in sub10 paragraphs (A) through (F), and (H), of section

11 1208(a)(1); and

12 ‘‘(2) give priority to applications for programs

13 that—

14 ‘‘(A) target services to schools in which a

15 schoolwide program is being conducted under

16 section 1114; or

17 ‘‘(B) are located in areas designated as

18 empowerment zones or enterprise communities.

19 ‘‘(h) DURATION OF PROGRAMS.—The priority for

20 subgrants described in section 1208(a)(2), and the

21 progress requirement described in section 1208(b)(4),

22 shall apply to grants made under this section, except

23 that—

24 ‘‘(1) references in those sections to the State

25 educational agency and to subgrants shall be read to
336

S 1594 RS

1 refer to the Secretary and to grants under this sec2 tion, respectively; and

3 ‘‘(2) notwithstanding section 1208(b), the Sec4 retary shall not provide continuation funding to a

5 grant recipient under this section if the Secretary

6 determines, after affording the recipient notice and

7 an opportunity for a hearing, that the recipient has

8 not made substantial progress in accomplishing the

9 objectives of this section.

10 ‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—

11 ‘‘(1) TECHNICAL ASSISTANCE.—(A) The Sec12 retary shall use not more than 5 percent of the

13 amounts authorized under section 1002(b)(2) for

14 any fiscal year—

15 ‘‘(i) to provide technical assistance to eligi16 ble entities, including providing funds to one or

17 more District of Columbia nonprofit organiza18 tions to enable such organizations to provide

19 technical assistance to eligible entities in the

20 areas of community development and coalition

21 building; and

22 ‘‘(ii) for the evaluation conducted pursuant

23 to paragraph (2).

24 ‘‘(B) The Secretary shall allocate 5 percent of

25 the amounts authorized under section 1002(b)(2) for
337

S 1594 RS

1 any fiscal year to enter into a contract with the Na2 tional Center for Family Literacy for the provision

3 of technical assistance to eligible entities.

4 ‘‘(2) EVALUATION.—(A) The Secretary shall

5 use funds available under paragraph (1)(A)—

6 ‘‘(i) to provide for independent evaluations

7 of programs under this section in order to de8 termine the effectiveness of such programs in

9 providing high quality family literacy services,

10 including—

11 ‘‘(I) intensive and high quality early

12 childhood education;

13 ‘‘(II) intensive and high quality serv14 ices in adult literacy or adult education;

15 ‘‘(III) intensive and high quality serv16 ices in parent training;

17 ‘‘(IV) coordination with related pro18 grams; and

19 ‘‘(V) training of related personnel in

20 appropriate skill areas; and

21 ‘‘(ii) to determine if the grant amount pro22 vided to eligible recipients to carry out such

23 projects is appropriate to accomplish the objec24 tives of this section.
338

S 1594 RS

1 ‘‘(B)(i) Such evaluation shall be conducted by

2 individuals not directly involved in the administra3 tion of a program operated with funds provided

4 under this section. Such independent evaluators and

5 the program administrators shall jointly develop

6 evaluation criteria which provide for appropriate

7 analysis of the factors listed in subparagraph (A).

8 ‘‘(ii) In order to determine a program’s effec9 tiveness, each evaluation shall contain objective

10 measures of such effectiveness, and whenever fea11 sible, shall contain the specific views of program par12 ticipants about such programs.

13 ‘‘(C) The Secretary shall prepare and submit to

14 the appropriate congressional committees a report

15 regarding the results of such evaluations not later

16 than March 1, 1999. The Secretary shall provide an

17 interim report regarding the results of such evalua18 tions by March 1, 1998.’’.
339

S 1594 RS

1 Subtitle D—World Class Schools Task Force,

2 Core Curriculum, Content Standards, As3 sessments, and Promotion Gates

4 PART 1—WORLD CLASS SCHOOLS TASK FORCE,

5 CORE CURRICULUM, CONTENT STANDARDS,

6 AND ASSESSMENTS

7 SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION

8 REQUIRED.

9 (a) GRANT AUTHORIZED.—

10 (1) IN GENERAL.—The Superintendent is au11 thorized to award a grant to a World Class Schools

12 Task Force to enable such task force to make the

13 recommendation described in subsection (b).

14 (2) DEFINITION.—For the purpose of this sub15 title, the term ‘‘World Class Schools Task Force’’

16 means 1 nonprofit organization located in the Dis17 trict of Columbia that—

18 (A) has a national reputation for advocat19 ing content standards;

20 (B) has a national reputation for advocat21 ing a strong liberal arts curriculum;

22 (C) has experience with at least 4 urban

23 school districts for the purpose of establishing

24 content standards;
340

S 1594 RS

1 (D) has developed and managed profes2 sional development programs in science, mathe3 matics, the humanities and the arts; and

4 (E) is governed by an independent board

5 of directors composed of citizens with a variety

6 of experiences in education and public policy.

7 (b) RECOMMENDATION REQUIRED.—

8 (1) IN GENERAL.—The World Class Schools

9 Task Force shall recommend to the Superintendent,

10 the Board of Education, and the District of Colum11 bia Goals Panel the following:

12 (A) Content standards in the core aca13 demic subjects that are developed by working

14 with the District of Columbia community, which

15 standards shall be developed not later than 12

16 months after the date of enactment of this Act.

17 (B) A core curriculum developed by work18 ing with the District of Columbia community,

19 which curriculum shall include the teaching of

20 computer skills.

21 (C) Districtwide assessments for measur22 ing student achievement in accordance with

23 content standards developed under subpara24 graph (A). Such assessments shall be developed

25 at several grade levels, including at a minimum,
341

S 1594 RS

1 the grade levels with respect to which the Su2 perintendent establishes promotion gates under

3 section 2421. To the extent feasible, such as4 sessments shall, at a minimum, be designed to

5 provide information that permits comparisons

6 between—

7 (i) individual District of Columbia

8 public schools and public charter schools;

9 and

10 (ii) individual students attending such

11 schools.

12 (D) Model professional development pro13 grams for teachers using the standards and

14 curriculum developed under subparagraphs (A)

15 and (B).

16 (2) SPECIAL RULE.—The World Class Schools

17 Task Force is encouraged, to the extent practicable,

18 to develop districtwide assessments described in

19 paragraph (1)(C) that permit comparisons among—

20 (A) individual District of Columbia public

21 schools and public charter schools, and individ22 ual students attending such schools; and

23 (B) students of other nations.

24 (c) CONTENT.—The content standards and assess25 ments recommended under subsection (b) shall be judged
342

S 1594 RS

1 by the World Class Schools Task Force to be world class,

2 including having a level of quality and rigor, or being anal3 ogous to content standards and assessments of other

4 States or nations (including nations whose students his5 torically score high on international studies of student

6 achievement).

7 (d) SUBMISSION TO BOARD OF EDUCATION FOR

8 ADOPTION.—If the content standards, curriculum, assess9 ments, and programs recommended under subsection (b)

10 are approved by the Superintendent, the Superintendent

11 may submit such content standards, curriculum, assess12 ments, and programs to the Board of Education for adop13 tion.

14 SEC. 2412. CONSULTATION.

15 The World Class Schools Task Force shall conduct

16 its duties under this part in consultation with—

17 (1) the District of Columbia Goals Panel;

18 (2) officials of the District of Columbia public

19 schools who have been identified by the Superintend20 ent as having responsibilities relevant to this part,

21 including the Deputy Superintendent for Curricu22 lum;

23 (3) the District of Columbia community, with

24 particular attention given to educators, and parent

25 and business organizations; and
343

S 1594 RS

1 (4) any other persons or groups that the task

2 force deems appropriate.

3 SEC. 2413. ADMINISTRATIVE PROVISIONS.

4 The World Class Schools Task Force shall ensure

5 public access to its proceedings (other than proceedings,

6 or portions of proceedings, relating to internal personnel

7 and management matters) that are relevant to its duties

8 under this part and shall make available to the public, at

9 reasonable cost, transcripts of such proceedings.

10 SEC. 2414. CONSULTANTS.

11 Upon the request of the World Class Schools Task

12 Force, the head of any department or agency of the Fed13 eral Government may detail any of the personnel of such

14 agency to such task force to assist such task force in car15 rying out such task force’s duties under this part.

16 SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated $2,000,000

18 for fiscal year 1996 to carry out this part. Such funds

19 shall remain available until expended.

20 PART 2—PROMOTION GATES

21 SEC. 2421. PROMOTION GATES.

22 (a) KINDERGARTEN THROUGH 4TH GRADE.—Not

23 later than one year after the date of adoption in accord24 ance with section 2411(d) of the assessments described in

25 section 2411(b)(1)(C), the Superintendent shall establish
344

S 1594 RS

1 and implement promotion gates for mathematics, reading,

2 and writing, for not less than 1 grade level from kinder3 garten through grade 4, including at least grade 4, and

4 shall establish dates for establishing such other promotion

5 gates for other subject areas.

6 (b) 5TH THROUGH 8TH GRADES.—Not later than

7 one year after the adoption in accordance with section

8 2411(d) of the assessments described in section

9 2411(b)(1)(C), the Superintendent shall establish and im10 plement promotion gates with respect to not less than one

11 grade level from grade 5 through grade 8, including at

12 least grade 8.

13 (c) 9TH THROUGH 12TH GRADES.—Not later than

14 one year after the adoption in accordance with section

15 2411(d) of the assessments described in section

16 2411(b)(1)(C), the Superintendent shall establish and im17 plement promotion gates with respect to not less than one

18 grade level from grade 9 through grade 12, including at

19 least grade 12.

20 Subtitle E—Per Capita District of

21 Columbia Public School and

22 Public Charter School Funding

23 SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

24 (a) IN GENERAL.—For fiscal year 1997 and for each

25 subsequent fiscal year, the Mayor shall make annual pay-
345

S 1594 RS

1 ments from the general fund of the District of Columbia

2 in accordance with the formula established under sub3 section (b).

4 (b) FORMULA.—

5 (1) IN GENERAL.—The Mayor and the District

6 of Columbia Council, in consultation with the Board

7 of Education and the Superintendent, shall establish

8 on or before April 15, 1996, a formula to determine

9 the amount of—

10 (A) the annual payment to the Board of

11 Education for the operating expenses of the

12 District of Columbia public schools, which for

13 purposes of this paragraph includes the operat14 ing expenses of the Board of Education and the

15 Office of the Superintendent; and

16 (B) the annual payment to each public

17 charter school for the operating expenses of

18 each public charter school.

19 (2) FORMULA CALCULATION.—Except as pro20 vided in paragraph (3), the amount of the annual

21 payment under paragraph (1) shall be calculated by

22 multiplying a uniform dollar amount used in the for23 mula established under such paragraph by—

24 (A) the number of students calculated

25 under section 2502 that are enrolled at District
346

S 1594 RS

1 of Columbia public schools, in the case of the

2 payment under paragraph (1)(A); or

3 (B) the number of students calculated

4 under section 2502 that are enrolled at each

5 public charter school, in the case of a payment

6 under paragraph (1)(B).

7 (3) EXCEPTIONS.—

8 (A) FORMULA.—Notwithstanding para9 graph (2), the Mayor and the District of Co10 lumbia Council, in consultation with the Board

11 of Education and the Superintendent, may ad12 just the formula to increase or decrease the

13 amount of the annual payment to the District

14 of Columbia public schools or each public char15 ter school based on a calculation of—

16 (i) the number of students served by

17 such schools in certain grade levels; and

18 (ii) the cost of educating students at

19 such certain grade levels.

20 (B) PAYMENT.—Notwithstanding para21 graph (2), the Mayor and the District of Co22 lumbia Council, in consultation with the Board

23 of Education and the Superintendent, may ad24 just the amount of the annual payment under

25 paragraph (1) to increase the amount of such
347

S 1594 RS

1 payment if a District of Columbia public school

2 or a public charter school serves a high number

3 of students—

4 (i) with special needs; or

5 (ii) who do not meet minimum literacy

6 standards.

7 SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

8 (a) SCHOOL REPORTING REQUIREMENT.—

9 (1) IN GENERAL.—Not later than September

10 15, 1996, and not later than September 15 of each

11 year thereafter, each District of Columbia public

12 school and public charter school shall submit a re13 port to the Mayor and the Board of Education con14 taining the information described in subsection (b)

15 that is applicable to such school.

16 (2) SPECIAL RULE.—Not later than April 1,

17 1997, and not later than April 1 of each year there18 after, each public charter school shall submit a re19 port in the same form and manner as described in

20 paragraph (1) to ensure accurate payment under

21 section 2503(a)(2)(B)(ii).

22 (b) CALCULATION OF NUMBER OF STUDENTS.—Not

23 later than 30 days after the date of the enactment of this

24 Act, and not later than October 15 of each year thereafter,

25 the Board of Education shall calculate the following:
348

S 1594 RS

1 (1) The number of students, including non2 resident students and students with special needs,

3 enrolled in each grade from kindergarten through

4 grade 12 of the District of Columbia public schools

5 and in public charter schools, and the number of

6 students whose tuition for enrollment in other

7 schools is paid for with funds available to the Dis8 trict of Columbia public schools.

9 (2) The amount of fees and tuition assessed

10 and collected from the nonresident students de11 scribed in paragraph (1).

12 (3) The number of students, including non13 resident students, enrolled in preschool and pre14 kindergarten in the District of Columbia public

15 schools and in public charter schools.

16 (4) The amount of fees and tuition assessed

17 and collected from the nonresident students de18 scribed in paragraph (3).

19 (5) The number of full time equivalent adult

20 students enrolled in adult, community, continuing,

21 and vocational education programs in the District of

22 Columbia public schools and in public charter

23 schools.
349

S 1594 RS

1 (6) The amount of fees and tuition assessed

2 and collected from resident and nonresident adult

3 students described in paragraph (5).

4 (7) The number of students, including non5 resident students, enrolled in nongrade level pro6 grams in District of Columbia public schools and in

7 public charter schools.

8 (8) The amount of fees and tuition assessed

9 and collected from nonresident students described in

10 paragraph (7).

11 (c) ANNUAL REPORTS.—Not later than 30 days after

12 the date of the enactment of this Act, and not later than

13 October 15 of each year thereafter, the Board of Edu14 cation shall prepare and submit to the Authority, the

15 Mayor, the District of Columbia Council, the Consensus

16 Commission, the Comptroller General of the United

17 States, and the appropriate congressional committees a re18 port containing a summary of the most recent calculations

19 made under subsection (b).

20 (d) AUDIT OF INITIAL CALCULATIONS.—

21 (1) IN GENERAL.—The Board of Education

22 shall arrange with the Authority to provide for the

23 conduct of an independent audit of the initial cal24 culations described in subsection (b).
350

S 1594 RS

1 (2) CONDUCT OF AUDIT.—In conducting the

2 audit, the independent auditor—

3 (A) shall provide an opinion as to the accu4 racy of the information contained in the report

5 described in subsection (c); and

6 (B) shall identify any material weaknesses

7 in the systems, procedures, or methodology used

8 by the Board of Education—

9 (i) in determining the number of stu10 dents, including nonresident students, en11 rolled in the District of Columbia public

12 schools and in public charter schools, and

13 the number of students whose tuition for

14 enrollment in other school systems is paid

15 for by funds available to the District of

16 Columbia public schools; and

17 (ii) in assessing and collecting fees

18 and tuition from nonresident students.

19 (3) SUBMISSION OF AUDIT.—Not later than 45

20 days, or as soon thereafter as is practicable, after

21 the date on which the Authority receives the initial

22 annual report from the Board of Education under

23 subsection (c), the Authority shall submit to the

24 Board of Education, the Mayor, the District of Co25 lumbia Council, and the appropriate congressional
351

S 1594 RS

1 committees, the audit conducted under this sub2 section.

3 (4) COST OF THE AUDIT.—The Board of Edu4 cation shall reimburse the Authority for the cost of

5 the independent audit, solely from amounts appro6 priated to the Board of Education for staff, sti7 pends, and other-than-personal-services of the Board

8 of Education by an Act making appropriations for

9 the District of Columbia.

10 SEC. 2503. PAYMENTS.

11 (a) IN GENERAL.—

12 (1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—

13 Except as provided in subsection (b), for any fiscal

14 year, not later than 10 days after the date of enact15 ment of an Act making appropriations for the Dis16 trict of Columbia for such fiscal year, the Mayor

17 shall place in escrow an amount equal to the aggre18 gate of the amounts determined under section

19 2501(b)(1)(B) for use only by District of Columbia

20 public charter schools.

21 (2) TRANSFER OF ESCROW FUNDS.—

22 (A) INITIAL PAYMENT.—Not later than

23 October 15, 1996, and not later than October

24 15 of each year thereafter, the Mayor shall

25 transfer, by electronic funds transfer, an
352

S 1594 RS

1 amount equal to 75 percent of the amount of

2 the annual payment for each public charter

3 school determined by using the formula estab4 lished pursuant to section 2501(b) to a bank

5 designated by such school.

6 (B) FINAL PAYMENT.—

7 (i) Except as provided in clause (ii),

8 not later than May 1, 1997, and not later

9 than May 1 of each year thereafter, the

10 Mayor shall transfer the remainder of the

11 annual payment for a public charter school

12 in the same manner as the initial payment

13 was made under subparagraph (A).

14 (ii) Not later than March 15, 1997,

15 and not later than March 15 of each year

16 thereafter, if the enrollment number of a

17 public charter school has changed from the

18 number reported to the Mayor and the

19 Board of Education, as required under sec20 tion 2502(a), the Mayor shall increase the

21 payment in an amount equal to 50 percent

22 of the amount provided for each student

23 who has enrolled in such school in excess

24 of such enrollment number, or shall reduce

25 the payment in an amount equal to 50 per-
353

S 1594 RS

1 cent of the amount provided for each stu2 dent who has withdrawn or dropped out of

3 such school below such enrollment number.

4 (C) PRO RATA REDUCTION OR INCREASE

5 IN PAYMENTS.—

6 (i) PRO RATA REDUCTION.—If the

7 funds made available to the District of Co8 lumbia Government for the District of Co9 lumbia public school system and each pub10 lic charter school for any fiscal year are in11 sufficient to pay the full amount that such

12 system and each public charter school is el13 igible to receive under this subtitle for such

14 year, the Mayor shall ratably reduce such

15 amounts for such year on the basis of the

16 formula described in section 2501(b).

17 (ii) INCREASE.—If additional funds

18 become available for making payments

19 under this subtitle for such fiscal year,

20 amounts that were reduced under subpara21 graph (A) shall be increased on the same

22 basis as such amounts were reduced.

23 (D) UNEXPENDED FUNDS.—Any funds

24 that remain in the escrow account for public

25 charter schools on September 30 of a fiscal year
354

S 1594 RS

1 shall revert to the general fund of the District

2 of Columbia.

3 (b) EXCEPTION FOR NEW SCHOOLS.—

4 (1) AUTHORIZATION.—There are authorized to

5 be appropriated $200,000 for each fiscal year to

6 carry out this subsection.

7 (2) DISBURSEMENT TO MAYOR.—The Secretary

8 of the Treasury shall make available and disburse to

9 the Mayor, not later than August 1 of each of the

10 fiscal years 1996 through 2000, such funds as have

11 been appropriated under paragraph (1).

12 (3) ESCROW.—The Mayor shall place in escrow,

13 for use by public charter schools, any sum disbursed

14 under paragraph (2) and not paid under paragraph

15 (4).

16 (4) PAYMENTS TO SCHOOLS.—The Mayor shall

17 pay to public charter schools described in paragraph

18 (5), in accordance with this subsection, any sum dis19 bursed under paragraph (2).

20 (5) SCHOOLS DESCRIBED.—The schools re21 ferred to in paragraph (4) are public charter schools

22 that—

23 (A) did not operate as public charter

24 schools during any portion of the fiscal year

25 preceding the fiscal year for which funds are
355

S 1594 RS

1 authorized to be appropriated under paragraph

2 (1); and

3 (B) operated as public charter schools dur4 ing the fiscal year for which funds are author5 ized to be appropriated under paragraph (1).

6 (6) FORMULA.—

7 (A) 1996.—The amount of the payment to

8 a public charter school described in paragraph

9 (5) that begins operation in fiscal year 1996

shall be calculated by multiplying $6,300 by 1 10 ⁄12

11 of the total anticipated enrollment as set forth

12 in the petition to establish the public charter

13 school; and

14 (B) 1997 THROUGH 2000.—The amount of

15 the payment to a public charter school de16 scribed in paragraph (5) that begins operation

17 in any of fiscal years 1997 through 2000 shall

18 be calculated by multiplying the uniform dollar

19 amount used in the formula established under

section 2501(b) by 1 20 ⁄12 of the total anticipated

21 enrollment as set forth in the petition to estab22 lish the public charter school.

23 (7) PAYMENT TO SCHOOLS.—

24 (A) TRANSFER.—On September 1 of each

25 of the years 1996 through 2000, the Mayor
356

S 1594 RS

1 shall transfer, by electronic funds transfer, the

2 amount determined under paragraph (6) for

3 each public charter school from the escrow ac4 count established under subsection (a) to a

5 bank designated by each such school.

6 (B) PRO RATA AND REMAINING FUNDS.—

7 Subparagraphs (C) and (D) of subsection (a)(2)

8 shall apply to payments made under this sub9 section, except that for purposes of this sub10 paragraph references to District of Columbia

11 public schools in such subparagraphs (C) and

12 (D) shall be read to refer to public charter

13 schools.

14 Subtitle F—School Facilities

15 Repair and Improvement

16 SEC. 2550. DEFINITIONS.

17 For purposes of this subtitle—

18 (1) the term ‘‘facilities’’ means buildings, struc19 tures, and real property of the District of Columbia

20 public schools, except that such term does not in21 clude any administrative office building that is not

22 located in a building containing classrooms; and

23 (2) the term ‘‘repair and improvement’’ in24 cludes administration, construction, and renovation.
357

S 1594 RS

1 PART 1—SCHOOL FACILITIES

2 SEC. 2551. TECHNICAL ASSISTANCE.

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

4 date of enactment of this Act the Administrator of the

5 General Services Administration shall enter into a Memo6 randum of Agreement or Understanding (referred to in

7 this subtitle as the ‘‘Agreement’’) with the Superintendent

8 regarding the terms under which the Administrator will

9 provide technical assistance and related services with re10 spect to District of Columbia public schools facilities man11 agement in accordance with this section.

12 (b) TECHNICAL ASSISTANCE AND RELATED SERV13 ICES.—The technical assistance and related services de14 scribed in subsection (a) shall include—

15 (1) the Administrator consulting with and ad16 vising District of Columbia public school personnel

17 responsible for public schools facilities management,

18 including repair and improvement with respect to fa19 cilities management of such schools;

20 (2) the Administrator assisting the Super21 intendent in developing a systemic and comprehen22 sive facilities revitalization program, for the repair

23 and improvement of District of Columbia public

24 school facilities, which program shall—
358

S 1594 RS

1 (A) include a list of facilities to be repaired

2 and improved in a recommended order of prior3 ity;

4 (B) provide the repair and improvement

5 required to support modern technology; and

6 (C) take into account the Preliminary Fa7 cilities Master Plan 2005 (prepared by the Su8 perintendent’s Task Force on Education Infra9 structure for the 21st Century);

10 (3) the method by which the Superintendent

11 will accept donations of private goods and services

12 for use by the District of Columbia public schools

13 without regard to any law or regulation of the Dis14 trict of Columbia;

15 (4) the Administrator recommending specific

16 repair and improvement projects in District of Co17 lumbia public school facilities to the Superintendent

18 that are appropriate for completion by members and

19 units of the National Guard and the Reserves in ac20 cordance with the program developed under para21 graph (2);

22 (5) upon the request of the Superintendent, the

23 Administrator assisting the appropriate District of

24 Columbia public school officials in the preparation of

25 an action plan for the performance of any repair and
359

S 1594 RS

1 improvement recommended in the program devel2 oped under paragraph (2), which action plan shall

3 detail the technical assistance and related services

4 the Administrator proposes to provide in the accom5 plishment of the repair and improvement;

6 (6) upon the request of the Superintendent, and

7 if consistent with the efficient use of resources as

8 determined by the Administrator, the coordination of

9 the accomplishment of any repair and improvement

10 in accordance with the action plan prepared under

11 paragraph (5), except that in carrying out this para12 graph, the Administrator shall not be subject to the

13 requirements of title III of the Federal Property and

14 Administrative Services Act of 1949 (41 U.S.C. 251

15 et seq.), the Office of Federal Procurement Policy

16 Act (41 U.S.C. 401 et seq.), nor shall such action

17 plan be subject to review under the bid protest pro18 cedures described in sections 3551 through 3556 of

19 title 31, United States Code, or the Contract Dis20 putes Act of 1978 (41 U.S.C. 601 et seq.);

21 (7) providing access for the Administrator to all

22 District of Columbia public school facilities as well

23 as permitting the Administrator to request and ob24 tain any record or document regarding such facilities

25 as the Administrator determines necessary, except
360

S 1594 RS

1 that any such record or document shall not become

2 a record (as defined in section 552a of title 5, Unit3 ed States Code) of the General Services Administra4 tion; and

5 (8) the Administrator making recommendations

6 regarding how District of Columbia public school fa7 cilities may be used by the District of Columbia

8 community for multiple purposes.

9 (c) AGREEMENT PROVISIONS.—The Agreement shall

10 include—

11 (1) the procedures by which the Superintendent

12 and Administrator will consult with respect to carry13 ing out this section, including reasonable time

14 frames for such consultation;

15 (2) the scope of the technical assistance and re16 lated services to be provided by the General Services

17 Administration in accordance with this section;

18 (3) assurances by the Administrator and the

19 Superintendent to cooperate with each other in any

20 way necessary to ensure implementation of the

21 Agreement, including assurances that funds avail22 able to the District of Columbia shall be used to pay

23 the obligations of the District of Columbia public

24 school system that are incurred as a result of actions

25 taken under, or in furtherance of, the Agreement, in
361

S 1594 RS

1 addition to funds available to the Administrator for

2 purposes of this section; and

3 (4) the duration of the Agreement, except that

4 in no event shall the Agreement remain in effect

5 later than the day that is 24 months after the date

6 that the Agreement is signed, or the day that the

7 agency designated pursuant to section 2552(a)(2)

8 assumes responsibility for the District of Columbia

9 public school facilities, whichever day is earlier.

10 (d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—

11 No claim, suit, or action may be brought against the Ad12 ministrator in connection with the discharge of the Admin13 istrator’s responsibilities under this subtitle.

14 (e) SPECIAL RULE.—Notwithstanding any other pro15 vision of law, the Administrator is authorized to accept

16 and use a conditioned gift made for the express purpose

17 of repairing or improving a District of Columbia public

18 school, except that the Administrator shall not be required

19 to carry out any repair or improvement under this section

20 unless the Administrator accepts a donation of private

21 goods or services sufficient to cover the costs of such re22 pair or improvement.

23 (f) EFFECTIVE DATE.—This subtitle shall cease to

24 be effective on the earlier day specified in subsection

25 (c)(4).
362

S 1594 RS

1 SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

2 (a) PROGRAM.—Not later than 24 months after the

3 date that the Agreement is signed, the Mayor and the Dis4 trict of Columbia Council in consultation with the Admin5 istrator, the Authority, the Board of Education, and the

6 Superintendent, shall—

7 (1) design and implement a comprehensive

8 long-term program for the repair and improvement,

9 and maintenance and management, of the District of

10 Columbia public school facilities, which program

11 shall incorporate the work completed in accordance

12 with the program described in section 2551(b)(2);

13 and

14 (2) designate a new or existing agency or au15 thority within the District of Columbia Government

16 to administer such program.

17 (b) PROCEEDS.—Such program shall include—

18 (1) identifying short-term funding for capital

19 and maintenance of facilities, which may include re20 taining proceeds from the sale or lease of a District

21 of Columbia public school facility; and

22 (2) identifying and designating long-term fund23 ing for capital and maintenance of facilities.

24 (c) IMPLEMENTATION.—Upon implementation of

25 such program, the agency or authority created or des26 ignated pursuant to subsection (a)(2) shall assume au-
363

S 1594 RS

1 thority and responsibility for the repair and improvement,

2 and maintenance and management, of District of Colum3 bia public schools.

4 SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR EN5 GINEERING PLANS.

6 There are authorized to be appropriated to the Ad7 ministrator, $500,000 for fiscal year 1996, which funds

8 only shall be available for the costs of engineering plans

9 developed to carry out this subtitle.

10 PART 2—WAIVERS

11 SEC. 2561. WAIVERS.

12 (a) IN GENERAL.—

13 (1) REQUIREMENTS WAIVED.—Subject to sub14 section (b), all District of Columbia fees and all re15 quirements contained in the document entitled ‘‘Dis16 trict of Columbia Public Schools Standard Contract

17 Provisions’’ (as such document was in effect on No18 vember 2, 1995 and including any revisions or modi19 fications to such document) published by the Dis20 trict of Columbia public schools for use with con21 struction or maintenance projects, are waived, for

22 purposes of repair and improvement of District of

23 Columbia public schools facilities for a period begin24 ning on the date of enactment of this Act and end25 ing 24 months after such date.
364

S 1594 RS

1 (2) DONATIONS.—An employer may accept, and

2 persons may voluntarily donate, materials and serv3 ices for the repair and improvement of a District of

4 Columbia public school facility: Provided, That the

5 provision of voluntary labor meets the requirements

6 of 29 U.S.C. 203(e)(4).

7 (b) LIMITATION.—A waiver under subsection (a)

8 shall not apply to requirements under 40 U.S.C. 276a–

9 276a–7.

10 PART 3—GIFTS, DONATIONS, BEQUESTS, AND

11 DEVISES

12 SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.

13 (a) IN GENERAL.—A District of Columbia public

14 school or a public charter school may accept directly from

15 any person a gift, donation, bequest, or devise of any prop16 erty, real or personal, without regard to any law or regula17 tion of the District of Columbia.

18 (b) TAX LAWS.—For the purposes of the income tax,

19 gift tax, and estate tax laws of the Federal Government,

20 any money or other property given, donated, bequeathed,

21 or devised to a District of Columbia public school or a

22 public charter school, shall be deemed to have been given,

23 donated, bequeathed, or devised to or for the use of the

24 District of Columbia.
365

S 1594 RS

1 Subtitle G—Residential School

2 SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

3 (a) IN GENERAL.—The Superintendent is authorized

4 to develop a plan to establish for the District of Columbia

5 a residential school for academic year 1997–1998 and to

6 assist in the startup of such school.

7 (b) PLAN REQUIREMENTS.—If developed, the plan

8 for the residential school shall include, at a minimum—

9 (1) options for the location of the school, in10 cluding the renovation or construction of a facility;

11 (2) financial plans for the facility, including an12 nual costs to operate the school, capital expenditures

13 required to open the facility, maintenance of facili14 ties, and staffing costs; and

15 (3) staff development and training plans.

16 SEC. 2602. USE OF FUNDS.

17 Funds under this subtitle may be used—

18 (1) to develop the plan described in section

19 2601; and

20 (2) for capital costs associated with the startup

21 of a residential school, including the purchase of real

22 and personal property and the renovation or con23 struction of facilities.
366

S 1594 RS

1 SEC. 2603. FUTURE FUNDING.

2 The Superintendent shall identify, not later than De3 cember 31, 1996, in a report to the Mayor, the District

4 of Columbia Council, the Authority, and the appropriate

5 congressional committees, non-Federal funding sources for

6 the operation of the residential school.

7 SEC. 2604. GIFTS.

8 The Superintendent may accept donations of money,

9 property, and personal services for purposes of the estab10 lishment and operation of the residential school.

11 SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

12 (a) PLAN.—There are authorized to be appropriated

13 to the District of Columbia $100,000 for fiscal year 1996

14 to develop the plan described in section 2601.

15 (b) CAPITAL COSTS.—There are authorized to be ap16 propriated $1,900,000 for fiscal year 1997 to carry out

17 section 2602(2).

18 Subtitle H—Progress Reports and

19 Accountability

20 SEC. 2651. SUPERINTENDENT’S REPORT ON REFORMS.

21 Not later than December 1, 1996, the Superintendent

22 shall submit to the appropriate congressional committees,

23 the Board of Education, the Mayor, the Consensus Com24 mission, and the District of Columbia Council a report re25 garding the progress of the District of Columbia public
367

S 1594 RS

1 schools toward achieving the goals of the long-term reform

2 plan.

3 SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

4 Not later than April 1, 1997, the Chairperson of the

5 District of Columbia Council shall submit to the appro6 priate congressional committees a report describing legis7 lative and other actions the District of Columbia Council

8 has taken or will take to facilitate the implementation of

9 the goals of the long-term reform plan.

10 Subtitle I—Partnerships With

11 Business

12 SEC. 2701. PURPOSE.

13 The purpose of this subtitle is—

14 (1) to leverage private sector funds utilizing ini15 tial Federal investments in order to provide students

16 and teachers within the District of Columbia public

17 schools and public charter schools with access to

18 state-of-the-art educational technology;

19 (2) to establish a regional job training and em20 ployment center;

21 (3) to strengthen workforce preparation initia22 tives for students within the District of Columbia

23 public schools and public charter schools;

24 (4) to coordinate private sector investments in

25 carrying out this title; and
368

S 1594 RS

1 (5) to assist the Superintendent with the devel2 opment of individual career paths in accordance with

3 the long-term reform plan.

4 SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DIS5 TRICT OF COLUMBIA PUBLIC SCHOOLS.

6 Not later than 45 days after the date of the enact7 ment of this Act, the Superintendent shall provide a grant

8 to a private, nonprofit corporation that meets the eligi9 bility criteria under section 2703 for the purposes of car10 rying out the duties under sections 2704 and 2707.

11 SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NON12 PROFIT CORPORATION.

13 A private, nonprofit corporation shall be eligible to

14 receive a grant under section 2702 if the corporation is

15 a national business organization incorporated in the Dis16 trict of Columbia, that—

17 (1) has a board of directors which includes

18 members who are also chief executive officers of

19 technology-related corporations involved in education

20 and workforce development issues;

21 (2) has extensive practical experience with ini22 tiatives that link business resources and expertise

23 with education and training systems;

24 (3) has experience in working with State and

25 local educational agencies throughout the United
369

S 1594 RS

1 States with respect to the integration of academic

2 studies with workforce preparation programs; and

3 (4) has a nationwide structure through which

4 additional resources can be leveraged and innovative

5 practices disseminated.

6 SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORA7 TION.

8 (a) DISTRICT EDUCATION AND LEARNING TECH9 NOLOGIES ADVANCEMENT COUNCIL.—

10 (1) ESTABLISHMENT.—The private, nonprofit

11 corporation shall establish a council to be known as

12 the ‘‘District Education and Learning Technologies

13 Advancement Council’’ (in this subtitle referred to

14 as the ‘‘council’’).

15 (2) MEMBERSHIP.—

16 (A) IN GENERAL.—The private, nonprofit

17 corporation shall appoint members to the coun18 cil. An individual shall be appointed as a mem19 ber to the council on the basis of the commit20 ment of the individual, or the entity which the

21 individual is representing, to providing time, en22 ergy, and resources to the council.

23 (B) COMPENSATION.—Members of the

24 council shall serve without compensation.

25 (3) DUTIES.—The council—
370

S 1594 RS

1 (A) shall advise the private, nonprofit cor2 poration with respect to the duties of the cor3 poration under subsections (b) through (e) of

4 this section; and

5 (B) shall assist the corporation in

6 leveraging private sector resources for the pur7 pose of carrying out such duties.

8 (b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL

9 TECHNOLOGY.—

10 (1) IN GENERAL.—The private, nonprofit cor11 poration, in conjunction with the Superintendent,

12 students, parents, and teachers, shall establish and

13 implement strategies to ensure access to state-of-the14 art educational technology within the District of Co15 lumbia public schools and public charter schools.

16 (2) ELECTRONIC DATA TRANSFER SYSTEM.—

17 The private, nonprofit corporation shall assist the

18 Superintendent in acquiring the necessary equip19 ment, including computer hardware and software, to

20 establish an electronic data transfer system. The pri21 vate, nonprofit corporation shall also assist in ar22 ranging for training of District of Columbia public

23 school employees in using such equipment.

24 (3) TECHNOLOGY ASSESSMENT.—
371

S 1594 RS

1 (A) IN GENERAL.—In establishing and im2 plementing the strategies under paragraph (1),

3 the private, nonprofit corporation, not later

4 than September 1, 1996, shall provide for an

5 assessment of the availability, on the date of

6 enactment of this Act, of state-of-the-art edu7 cational technology within the District of Co8 lumbia public schools and public charter

9 schools.

10 (B) CONDUCT OF ASSESSMENT.—In pro11 viding for the assessment under subparagraph

12 (A), the private, nonprofit corporation—

13 (i) shall provide for onsite inspections

14 of the state-of-the-art educational tech15 nology within a minimum sampling of Dis16 trict of Columbia public schools and public

17 charter schools; and

18 (ii) shall ensure proper input from

19 students, parents, teachers, and other

20 school officials through the use of focus

21 groups and other appropriate mechanisms.

22 (C) RESULTS OF ASSESSMENT.—The pri23 vate, nonprofit corporation shall ensure that the

24 assessment carried out under this paragraph

25 provides, at a minimum, necessary information
372

S 1594 RS

1 on state-of-the-art educational technology with2 in the District of Columbia public schools and

3 public charter schools, including—

4 (i) the extent to which typical District

5 of Columbia public schools have access to

6 such state-of-the-art educational tech7 nology and training for such technology;

8 (ii) how such schools are using such

9 technology;

10 (iii) the need for additional technology

11 and the need for infrastructure for the im12 plementation of such additional technology;

13 (iv) the need for computer hardware,

14 software, training, and funding for such

15 additional technology or infrastructure;

16 and

17 (v) the potential for computer linkages

18 among District of Columbia public schools

19 and public charter schools.

20 (4) SHORT-TERM TECHNOLOGY PLAN.—

21 (A) IN GENERAL.—Based upon the results

22 of the technology assessment under paragraph

23 (3), the private, nonprofit corporation shall de24 velop a 3-year plan that includes goals, prior25 ities, and strategies for obtaining the resources
373

S 1594 RS

1 necessary to implement strategies to ensure ac2 cess to state-of-the-art educational technology

3 within the District of Columbia public schools

4 and public charter schools.

5 (B) IMPLEMENTATION.—The private, non6 profit corporation, in conjunction with schools,

7 students, parents, and teachers, shall imple8 ment the plan developed under subparagraph

9 (A).

10 (5) LONG-TERM TECHNOLOGY PLAN.—Prior to

11 the completion of the implementation of the short12 term technology plan under paragraph (4), the pri13 vate, nonprofit corporation shall develop a plan

14 under which the corporation will continue to coordi15 nate the donation of private sector resources for

16 maintaining the continuous improvement and up17 grading of state-of-the-art educational technology

18 within the District of Columbia public schools and

19 public charter schools.

20 (c) DISTRICT EMPLOYMENT AND LEARNING CEN21 TER.—

22 (1) ESTABLISHMENT.—The private, nonprofit

23 corporation shall establish a center to be known as

24 the ‘‘District Employment and Learning Center’’ (in

25 this subtitle referred to as the ‘‘center’’), which shall
374

S 1594 RS

1 serve as a regional institute providing job training

2 and employment assistance.

3 (2) DUTIES.—

4 (A) JOB TRAINING AND EMPLOYMENT AS5 SISTANCE PROGRAM.—The center shall estab6 lish a program to provide job training and em7 ployment assistance in the District of Columbia

8 and shall coordinate with career preparation

9 programs in existence on the date of enactment

10 of this Act, such as vocational education,

11 school-to-work, and career academies in the

12 District of Columbia public schools.

13 (B) CONDUCT OF PROGRAM.—In carrying

14 out the program established under subpara15 graph (A), the center—

16 (i) shall provide job training and em17 ployment assistance to youths who have at18 tained the age of 18 but have not attained

19 the age of 26, who are residents of the

20 District of Columbia, and who are in need

21 of such job training and employment as22 sistance for an appropriate period not to

23 exceed 2 years;

24 (ii) shall work to establish partner25 ships and enter into agreements with ap-
375

S 1594 RS

1 propriate agencies of the District of Co2 lumbia Government to serve individuals

3 participating in appropriate Federal pro4 grams, including programs under the Job

5 Training Partnership Act (29 U.S.C. 1501

6 et seq.), the Job Opportunities and Basic

7 Skills Training Program under part F of

8 title IV of the Social Security Act (42

9 U.S.C. 681 et seq.), the Carl D. Perkins

10 Vocational and Applied Technology Edu11 cation Act (20 U.S.C. 2301 et seq.), and

12 the School-to-Work Opportunities Act of

13 1994 (20 U.S.C. 6101 et seq.);

14 (iii) shall conduct such job training,

15 as appropriate, through a consortium of

16 colleges, universities, community colleges,

17 businesses, and other appropriate provid18 ers, in the District of Columbia metropoli19 tan area;

20 (iv) shall design modular training pro21 grams that allow students to enter and

22 leave the training curricula depending on

23 their opportunities for job assignments

24 with employers; and
376

S 1594 RS

1 (v) shall utilize resources from busi2 nesses to enhance work-based learning op3 portunities and facilitate access by stu4 dents to work-based learning and work ex5 perience through temporary work assign6 ments with employers in the District of

7 Columbia metropolitan area.

8 (C) COMPENSATION.—The center may pro9 vide compensation to youths participating in the

10 program under this paragraph for part-time

11 work assigned in conjunction with training.

12 Such compensation may include need-based

13 payments and reimbursement of expenses.

14 (d) WORKFORCE PREPARATION INITIATIVES.—

15 (1) IN GENERAL.—The private, nonprofit cor16 poration shall establish initiatives with the District

17 of Columbia public schools, and public charter

18 schools, appropriate governmental agencies, and

19 businesses and other private entities, to facilitate the

20 integration of rigorous academic studies with

21 workforce preparation programs in District of Co22 lumbia public schools and public charter schools.

23 (2) CONDUCT OF INITIATIVES.—In carrying out

24 the initiatives under paragraph (1), the private, non-
377

S 1594 RS

1 profit corporation shall, at a minimum, actively de2 velop, expand, and promote the following programs:

3 (A) Career academy programs in secondary

4 schools, as such programs are established in

5 certain District of Columbia public schools,

6 which provide a school-within-a-school concept,

7 focusing on career preparation and the integra8 tion of the academy programs with vocational

9 and technical curriculum.

10 (B) Programs carried out in the District of

11 Columbia that are funded under the School-to12 Work Opportunities Act of 1994 (20 U.S.C.

13 6101 et seq.).

14 (e) PROFESSIONAL DEVELOPMENT PROGRAM FOR

15 TEACHERS AND ADMINISTRATORS.—

16 (1) ESTABLISHMENT OF PROGRAM.—The pri17 vate, nonprofit corporation shall establish a consor18 tium consisting of the corporation, teachers, school

19 administrators, and the consortium of universities

20 located in the District of Columbia (in existence on

21 the date of the enactment of this Act), for the pur22 pose of establishing a program for the professional

23 development of teachers and school administrators

24 employed by the District of Columbia public schools

25 and public charter schools.
378

S 1594 RS

1 (2) CONDUCT OF PROGRAM.—In carrying out

2 the program established under paragraph (1), the

3 consortium established under such paragraph, in

4 consultation with the task force established under

5 subtitle D and the Superintendent, at a minimum,

6 shall provide for the following:

7 (A) Professional development for teachers

8 consistent with the model professional develop9 ment programs for teachers under section

10 2411(b)(4), or consistent with the core curricu11 lum developed by the Superintendent under sec12 tion 2411(b)(2), as the case may be, except that

13 for fiscal year 1996, such professional develop14 ment shall focus on curriculum for elementary

15 school grades in reading and mathematics that

16 have been demonstrated to be effective for stu17 dents from low-income backgrounds.

18 (B) Professional development for prin19 cipals, with a special emphasis on middle school

20 principals, focusing on effective practices that

21 reduce the number of students who drop out of

22 school.

23 (C) Private sector training of teachers in

24 the use, application, and operation of state-of25 the-art technology in education.
379

S 1594 RS

1 (D) Training for school principals and

2 other school administrators in effective private

3 sector management practices for the purpose of

4 site-based management in the District of Co5 lumbia public schools, and training in the man6 agement of public charter schools established in

7 accordance with this title.

8 SEC. 2705. MATCHING FUNDS.

9 The private, nonprofit corporation, to the extent

10 practicable, shall provide matching funds, or in-kind con11 tributions, or a combination thereof, for the purpose of

12 carrying out the duties of the corporation under section

13 2704, as follows:

14 (1) For fiscal year 1996, the nonprofit corpora15 tion shall provide matching funds or in-kind con16 tributions of $1 for every $1 of Federal funds pro17 vided under this subtitle for such year for activities

18 under section 2704.

19 (2) For fiscal year 1997, the nonprofit corpora20 tion shall provide matching funds or in-kind con21 tributions of $3 for every $1 of Federal funds pro22 vided under this subtitle for such year for activities

23 under section 2704.

24 (3) For fiscal year 1998, the nonprofit corpora25 tion shall provide matching funds or in-kind con-
380

S 1594 RS

1 tributions of $5 for every $1 of Federal funds pro2 vided under this subtitle for such year for activities

3 under section 2704.

4 SEC. 2706. REPORT.

5 The private, nonprofit corporation shall prepare and

6 submit to the appropriate congressional committees on a

7 quarterly basis, or, with respect to fiscal year 1996, on

8 a biannual basis, a report which shall contain—

9 (1) the activities the corporation has carried

10 out, including the duties of the corporation described

11 in section 2704, for the 3-month period ending on

12 the date of the submission of the report, or, with re13 spect to fiscal year 1996, the 6-month period ending

14 on the date of the submission of the report;

15 (2) an assessment of the use of funds or other

16 resources donated to the corporation;

17 (3) the results of the assessment carried out

18 under section 2704(b)(3); and

19 (4) a description of the goals and priorities of

20 the corporation for the 3-month period beginning on

21 the date of the submission of the report, or, with re22 spect to fiscal year 1996, the 6-month period begin23 ning on the date of the submission of the report.
381

S 1594 RS

1 SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.

2 (a) IN GENERAL.—The nonprofit corporation shall

3 establish a program, to be known as the ‘‘Jobs for D.C.

4 Graduates Program’’, to assist District of Columbia public

5 schools and public charter schools in organizing and imple6 menting a school-to-work transition system, which system

7 shall give priority to providing assistance to at-risk youths

8 and disadvantaged youths.

9 (b) CONDUCT OF PROGRAM.—In carrying out the

10 program established under subsection (a), the nonprofit

11 corporation, consistent with the policies of the nationally

12 recognized Jobs for America’s Graduates, Inc., shall—

13 (1) establish performance standards for such

14 program;

15 (2) provide ongoing enhancement and improve16 ments in such program;

17 (3) provide research and reports on the results

18 of such program; and

19 (4) provide preservice and inservice training.

20 SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

21 (a) AUTHORIZATION.—

22 (1) DELTA COUNCIL; ACCESS TO STATE-OF23 THE-ART EDUCATIONAL TECHNOLOGY; AND

24 WORKFORCE PREPARATION INITIATIVES.—There are

25 authorized to be appropriated to carry out sub26 sections (a), (b), and (d) of section 2704,
382

S 1594 RS

1 $1,000,000 for each of the fiscal years 1996, 1997,

2 and 1998.

3 (2) DEAL CENTER.—There are authorized to be

4 appropriated to carry out section 2704(c),

5 $2,000,000 for each of the fiscal years 1996, 1997,

6 and 1998.

7 (3) PROFESSIONAL DEVELOPMENT PROGRAM

8 FOR TEACHERS AND ADMINISTRATORS.—There are

9 authorized to be appropriated to carry out section

10 2704(e), $1,000,000 for each of the fiscal years

11 1996, 1997, and 1998.

12 (4) JOBS FOR D.C. GRADUATES PROGRAM.—

13 There are authorized to be appropriated to carry out

14 section 2707—

15 (A) $2,000,000 for fiscal year 1996; and

16 (B) $3,000,000 for each of the fiscal years

17 1997 through 2000.

18 (b) AVAILABILITY.—Amounts authorized to be appro19 priated under subsection (a) are authorized to remain

20 available until expended.

21 SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF

22 THE CONGRESS RELATING TO CONTINU23 ATION OF ACTIVITIES.

24 (a) TERMINATION OF FEDERAL SUPPORT.—The au25 thority under this subtitle to provide assistance to the pri-
383

S 1594 RS

1 vate, nonprofit corporation or any other entity established

2 pursuant to this subtitle shall terminate on October 1,

3 1998.

4 (b) SENSE OF THE CONGRESS RELATING TO CON5 TINUATION OF ACTIVITIES.—It is the sense of the Con6 gress that—

7 (1) the activities of the private, nonprofit cor8 poration under section 2704 should continue to be

9 carried out after October 1, 1998, with resources

10 made available from the private sector; and

11 (2) the corporation should provide oversight

12 and coordination for such activities after such date.

13 Subtitle J—Management and Fiscal

14 Accountability

15 SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

16 (a) FOOD SERVICES AND SECURITY SERVICES.—

17 Notwithstanding any other law, rule, or regulation, the

18 Board of Education shall enter into a contract for aca19 demic year 1995–1996 and each succeeding academic

20 year, for the provision of all food services operations and

21 security services for the District of Columbia public

22 schools, unless the Superintendent determines that it is

23 not feasible and provides the Superintendent’s reasons in

24 writing to the Board of Education and the Authority.
384

S 1594 RS

1 (b) DEVELOPMENT OF NEW MANAGEMENT AND

2 DATA SYSTEMS.—Notwithstanding any other law, rule, or

3 regulation, the Board of Education shall, in academic year

4 1995–1996, consult with the Authority on the develop5 ment of new management and data systems, as well as

6 training of personnel to use and manage the systems in

7 areas of budget, finance, personnel and human resources,

8 management information services, procurement, supply

9 management, and other systems recommended by the Au10 thority. Such plans shall be consistent with, and contem11 poraneous to, the District of Columbia Government’s de12 velopment and implementation of a replacement for the

13 financial management system for the District of Columbia

14 Government in use on the date of enactment of this Act.

15 SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

16 (a) IN GENERAL.—The Board of Education shall an17 nually compile an accurate and verifiable report on the

18 positions and employees in the District of Columbia public

19 school system. The annual report shall set forth—

20 (1) the number of validated schedule A posi21 tions in the District of Columbia public schools for

22 fiscal year 1995, fiscal year 1996, and thereafter on

23 a full-time equivalent basis, including a compilation

24 of all positions by control center, responsibility cen-
385

S 1594 RS

1 ter, funding source, position type, position title, pay

2 plan, grade, and annual salary; and

3 (2) a compilation of all employees in the Dis4 trict of Columbia public schools as of December 31,

5 of the year preceding the year for which the report

6 is made, verified as to its accuracy in accordance

7 with the functions that each employee actually per8 forms, by control center, responsibility center, agen9 cy reporting code, program (including funding

10 source), activity, location for accounting purposes,

11 job title, grade and classification, annual salary, and

12 position control number.

13 (b) SUBMISSION.—The annual report required by

14 subsection (a) shall be submitted to the Congress, the

15 Mayor, the District of Columbia Council, the Consensus

16 Commission, and the Authority, not later than February

17 8, 1996, and each February 8 thereafter.

18 SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

19 (a) IN GENERAL.—Not later than October 1, 1996,

20 or prior to 15 calendar days after the date of the enact21 ment of the District of Columbia Appropriations Act,

22 1996, whichever occurs first, and each succeeding year

23 thereafter, the Board of Education shall submit to the ap24 propriate congressional committees, the Mayor, the Dis25 trict of Columbia Council, the Consensus Commission, and
386

S 1594 RS

1 the Authority, a revised appropriated funds operating

2 budget for the District of Columbia public school system

3 for such fiscal year that is consistent with the total

4 amount appropriated in an Act making appropriations for

5 the District of Columbia for such fiscal year and that re6 aligns budgeted data for personal services and other than

7 personal services, with anticipated actual expenditures.

8 (b) SUBMISSION.—The revised budget required by

9 subsection (a) shall be submitted in the format of the

10 budget that the Board of Education submits to the Mayor

11 for inclusion in the Mayor’s budget submission to the Dis12 trict of Columbia Council pursuant to section 442 of the

13 District of Columbia Self-Government and Governmental

14 Reorganization Act, Public Law 93–198 (D.C. Code, sec.

15 47–301).

16 SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

17 (a) IN GENERAL.—The budget, financial-accounting,

18 personnel, payroll, procurement, and management infor19 mation systems of the District of Columbia public schools

20 shall be coordinated and interface with related systems of

21 the District of Columbia Government.

22 (b) ACCESS.—The Board of Education shall provide

23 read-only access to its internal financial management sys24 tems and all other data bases to designated staff of the
387

S 1594 RS

1 Mayor, the Council, the Authority, and appropriate con2 gressional committees.

3 SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET

4 REQUEST.

5 (a) IN GENERAL.—The Board of Education shall de6 velop its fiscal year 1997 gross operating budget and its

7 fiscal year 1997 appropriated funds budget request in ac8 cordance with this section.

9 (b) FISCAL YEAR 1996 BUDGET REVISION.—Not

10 later than February 15, 1996, the Board of Education

11 shall develop, approve, and submit to the Mayor, the Dis12 trict of Columbia Council, the Authority, and appropriate

13 congressional committees, a revised fiscal year 1996 gross

14 operating budget that reflects the amount appropriated in

15 the District of Columbia Appropriations Act, 1996, and

16 which—

17 (1) is broken out on the basis of appropriated

18 funds and nonappropriated funds, control center, re19 sponsibility center, agency reporting code, object

20 class, and object; and

21 (2) indicates by position title, grade, and agen22 cy reporting code, all staff allocated to each District

23 of Columbia public school as of October 15, 1995,

24 and indicates on an object class basis all other-than-
388

S 1594 RS

1 personal-services financial resources allocated to

2 each school.

3 (c) ZERO-BASE BUDGET.—For fiscal year 1997, the

4 Board of Education shall build its gross operating budget

5 and appropriated funds request from a zero-base, starting

6 from the local school level through the central office level.

7 (d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of

8 Education’s initial fiscal year 1997 gross operating budget

9 and appropriated funds budget request submitted to the

10 Mayor, the District of Columbia Council, and the Author11 ity shall contain school-by-school budgets and shall also—

12 (1) be broken out on the basis of appropriated

13 funds and nonappropriated funds, control center, re14 sponsibility center, agency reporting code, object

15 class, and object;

16 (2) indicate by position title, grade, and agency

17 reporting code all staff budgeted for each District of

18 Columbia public school, and indicate on an object

19 class basis all other-than-personal-services financial

20 resources allocated to each school; and

21 (3) indicate the amount and reason for all

22 changes made to the initial fiscal year 1997 gross

23 operating budget and appropriated funds request

24 from the revised fiscal year 1996 gross operating

25 budget required by subsection (b).
389

S 1594 RS

1 SEC. 2756. TECHNICAL AMENDMENTS.

2 Section 1120A of the Elementary and Secondary

3 Education Act of 1965 (20 U.S.C. 6322) is amended—

4 (1) in subsection (b)(1), by—

5 (A) striking ‘‘(A) Except as provided in

6 subparagraph (B), a State’’ and inserting ‘‘A

7 State’’; and

8 (B) striking subparagraph (B); and

9 (2) by adding at the end thereof the following

10 new subsection:

11 ‘‘(d) EXCLUSION OF FUNDS.—For the purpose of

12 complying with subsections (b) and (c), a State or local

13 educational agency may exclude supplemental State or

14 local funds expended in any school attendance area or

15 school for programs that meet the intent and purposes of

16 this part.’’.

17 Subtitle K—Personal Accountabil18 ity and Preservation of School19 Based Resources

20 SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSI21 TIONS.

22 (a) RESTRICTIONS ON REDUCTIONS OF SCHOOL23 BASED EMPLOYEES.—To the extent that a reduction in

24 the number of full-time equivalent positions for the Dis25 trict of Columbia public schools is required to remain with26 in the number of full-time equivalent positions established
390

S 1594 RS

1 for the public schools in appropriations Acts, no reduc2 tions shall be made from the full-time equivalent positions

3 for school-based teachers, principals, counselors, librar4 ians, or other school-based educational positions that were

5 established as of the end of fiscal year 1995, unless the

6 Authority makes a determination based on student enroll7 ment that—

8 (1) fewer school-based positions are needed to

9 maintain established pupil-to-staff ratios; or

10 (2) reductions in positions for other than

11 school-based employees are not practicable.

12 (b) DEFINITION.—The term ‘‘school-based edu13 cational position’’ means a position located at a District

14 of Columbia public school or other position providing di15 rect support to students at such a school, including a posi16 tion for a clerical, stenographic, or secretarial employee,

17 but not including any part-time educational aide position.

18 SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION RE19 DUCTION-IN-FORCE PROCEDURES.

20 The District of Columbia Government Comprehensive

21 Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et

22 seq.) is amended—

23 (1) in section 301 (D.C. Code, sec. 1.603.1)—

24 (A) by inserting after paragraph (13), the

25 following new paragraph:
391

S 1594 RS

1 ‘‘(13A) The term ‘nonschool-based personnel’

2 means any employee of the District of Columbia

3 public schools who is not based at a local school or

4 who does not provide direct services to individual

5 students.’’; and

6 (B) by inserting after paragraph (15), the

7 following new paragraph:

8 ‘‘(15A) The term ‘school administrators’ means

9 principals, assistant principals, school program di10 rectors, coordinators, instructional supervisors, and

11 support personnel of the District of Columbia public

12 schools.’’;

13 (2) in section 801A(b)(2) (D.C. Code, sec. 1–

14 609.1(b)(2)(L)—

15 (A) by striking ‘‘(L) reduction-in-force’’

16 and inserting ‘‘(L)(i) reduction-in-force’’; and

17 (B) by inserting after subparagraph (L)(i),

18 the following new clause:

19 ‘‘(ii) Notwithstanding any other provision

20 of law, the Board of Education shall not issue

21 rules that require or permit nonschool-based

22 personnel or school administrators to be as23 signed or reassigned to the same competitive

24 level as classroom teachers;’’; and
392

S 1594 RS

1 (3) in section 2402 (D.C. Code, sec. 1–625.2),

2 by adding at the end the following new subsection:

3 ‘‘(f) Notwithstanding any other provision of law, the

4 Board of Education shall not require or permit nonschool5 based personnel or school administrators to be assigned

6 or reassigned to the same competitive level as classroom

7 teachers.’’.

8 SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

9 Notwithstanding any other provision of law, rule, or

10 regulation, the evaluation process and instruments for

11 evaluating District of Columbia public school employees

12 shall be a nonnegotiable item for collective bargaining pur13 poses.

14 SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL

15 EMPLOYEES.

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, rule, or regulation, an employee of a District

18 of Columbia public school shall be—

19 (1) classified as an educational service em20 ployee;

21 (2) placed under the personnel authority of the

22 Board of Education; and

23 (3) subject to all Board of Education rules.

24 (b) SCHOOL-BASED PERSONNEL.—School-based per25 sonnel shall constitute a separate competitive area from
393

S 1594 RS

1 nonschool-based personnel who shall not compete with

2 school-based personnel for retention purposes.

3 Subtitle L—Establishment and Or4 ganization of the Commission

5 on Consensus Reform in the Dis6 trict of Columbia Public Schools

7 SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE

8 DISTRICT OF COLUMBIA PUBLIC SCHOOLS.

9 (a) ESTABLISHMENT.—

10 (1) IN GENERAL.—There is established within

11 the District of Columbia Government a Commission

12 on Consensus Reform in the District of Columbia

13 Public Schools, consisting of 7 members to be ap14 pointed in accordance with paragraph (2).

15 (2) MEMBERSHIP.—The Consensus Commission

16 shall consist of the following members:

17 (A) 1 member to be appointed by the

18 President chosen from a list of 3 proposed

19 members submitted by the Majority Leader of

20 the Senate.

21 (B) 1 member to be appointed by the

22 President chosen from a list of 3 proposed

23 members submitted by the Speaker of the

24 House of Representatives.
394

S 1594 RS

1 (C) 2 members to be appointed by the

2 President, of which 1 shall represent the local

3 business community and 1 of which shall be a

4 teacher in a District of Columbia public school.

5 (D) The President of the District of Co6 lumbia Congress of Parents and Teachers.

7 (E) The President of the Board of Edu8 cation.

9 (F) The Superintendent.

10 (G) The Mayor and District of Columbia

11 Council Chairman shall each name 1 nonvoting

12 ex officio member.

13 (H) The Chief of the National Guard Bu14 reau who shall be an ex officio member.

15 (3) TERMS OF SERVICE.—The members of the

16 Consensus Commission shall serve for a term of 3

17 years.

18 (4) VACANCIES.—Any vacancy in the member19 ship of the Consensus Commission shall be filled by

20 the appointment of a new member in the same man21 ner as provided for the vacated membership. A mem22 ber appointed under this paragraph shall serve the

23 remaining term of the vacated membership.

24 (5) QUALIFICATIONS.—Members of the Consen25 sus Commission appointed under subparagraphs (A),
395

S 1594 RS

1 (B), and (C) of paragraph (2) shall be residents of

2 the District of Columbia and shall have a knowledge

3 of public education in the District of Columbia.

4 (6) CHAIR.—The Chair of the Consensus Com5 mission shall be chosen by the Consensus Commis6 sion from among its members, except that the Presi7 dent of the Board of Education and the Super8 intendent shall not be eligible to serve as Chair.

9 (7) NO COMPENSATION FOR SERVICE.—Mem10 bers of the Consensus Commission shall serve with11 out pay, but may receive reimbursement for any rea12 sonable and necessary expenses incurred by reason

13 of service on the Consensus Commission.

14 (b) EXECUTIVE DIRECTOR.—The Consensus Com15 mission shall have an Executive Director who shall be ap16 pointed by the Chair with the consent of the Consensus

17 Commission. The Executive Director shall be paid at a

18 rate determined by the Consensus Commission, except

19 that such rate may not exceed the highest rate of pay pay20 able for level EG–16 of the Educational Service of the Dis21 trict of Columbia.

22 (c) STAFF.—With the approval of the Chair and the

23 Authority, the Executive Director may appoint and fix the

24 pay of additional personnel as the Executive Director con25 siders appropriate, except that no individual appointed by
396

S 1594 RS

1 the Executive Director may be paid at a rate greater than

2 the rate of pay for the Executive Director.

3 (d) SPECIAL RULE.—The Board of Education, or the

4 Authority, shall reprogram such funds, as the Chair of the

5 Consensus Commission shall in writing request, from

6 amounts available to the Board of Education.

7 SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

8 (a) PURPOSE.—The primary purpose of the Consen9 sus Commission is to assist in developing a long-term re10 form plan that has the support of the District of Columbia

11 community through the participation of representatives of

12 various critical segments of such community in helping to

13 develop and approve the plan.

14 (b) FINDINGS.—The Congress finds that—

15 (1) experience has shown that the failure of the

16 District of Columbia educational system has been

17 due more to the failure to implement a plan than the

18 failure to develop a plan;

19 (2) national studies indicate that 50 percent of

20 secondary school graduates lack basic literacy skills,

21 and over 30 percent of the 7th grade students in the

22 District of Columbia public schools drop out of

23 school before graduating;

24 (3) standard student assessments indicate only

25 average performance for grade level and fail to iden-
397

S 1594 RS

1 tify individual students who lack basic skills, allow2 ing too many students to graduate lacking these

3 basic skills and diminishing the worth of a diploma;

4 (4) experience has shown that successful

5 schools have good community, parent, and business

6 involvement;

7 (5) experience has shown that reducing dropout

8 rates in the critical middle and secondary school

9 years requires individual student involvement and at10 tention through such activities as arts or athletics;

11 and

12 (6) experience has shown that close coordina13 tion between educators and business persons is re14 quired to provide noncollege-bound students the

15 skills necessary for employment, and that personal

16 attention is vitally important to assist each student

17 in developing an appropriate career path.

18 SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COM19 MISSION.

20 (a) PRIMARY RESPONSIBILITY.—The Board of Edu21 cation and the Superintendent shall have primary respon22 sibility for developing and implementing the long-term re23 form plan for education in the District of Columbia.

24 (b) DUTIES.—The Consensus Commission shall—
398

S 1594 RS

1 (1) identify any obstacles to implementation of

2 the long-term reform plan and suggest ways to re3 move such obstacles;

4 (2) assist in developing programs that—

5 (A) ensure every student in a District of

6 Columbia public school achieves basic literacy

7 skills;

8 (B) ensure every such student possesses

9 the knowledge and skills necessary to think

10 critically and communicate effectively by the

11 completion of grade 8; and

12 (C) lower the dropout rate in the District

13 of Columbia public schools;

14 (3) assist in developing districtwide assess15 ments, including individual assessments, that iden16 tify District of Columbia public school students who

17 lack basic literacy skills, with particular attention

18 being given to grade 4 and the middle school years,

19 and establish procedures to ensure that a teacher is

20 made accountable for the performance of every such

21 student in such teacher’s class;

22 (4) make recommendations to improve commu23 nity, parent, and business involvement in District of

24 Columbia public schools and public charter schools;
399

S 1594 RS

1 (5) assess opportunities in the District of Co2 lumbia to increase individual student involvement

3 and attention through such activities as arts or ath4 letics, and make recommendations on how to in5 crease such involvement; and

6 (6) assist in the establishment of procedures

7 that ensure every District of Columbia public school

8 student is provided the skills necessary for employ9 ment, including the development of individual career

10 paths.

11 (c) POWERS.—The Consensus Commission shall have

12 the following powers:

13 (1) To monitor and comment on the develop14 ment and implementation of the long-term reform

15 plan.

16 (2) To exercise its authority, as provided in this

17 subtitle, as necessary to facilitate implementation of

18 the long-term reform plan.

19 (3) To review and comment on the budgets of

20 the Board of Education, the District of Columbia

21 public schools and public charter schools.

22 (4) To recommend rules concerning the man23 agement and direction of the Board of Education

24 that address obstacles to the development or imple25 mentation of the long-term reform plan.
400

S 1594 RS

1 (5) To review and comment on the core curricu2 lum for kindergarten through grade 12 developed

3 under subtitle D.

4 (6) To review and comment on a core curricu5 lum for prekindergarten, vocational and technical

6 training, and adult education.

7 (7) To review and comment on all other edu8 cational programs carried out by the Board of Edu9 cation and public charter schools.

10 (8) To review and comment on the districtwide

11 assessments for measuring student achievement in

12 the core curriculum developed under subtitle D.

13 (9) To review and comment on the model pro14 fessional development programs for teachers using

15 the core curriculum developed under subtitle D.

16 (d) LIMITATIONS.—

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this subtitle, the Consensus Commission

19 shall have no powers to involve itself in the manage20 ment or operation of the Board of Education with

21 respect to the implementation of the long-term re22 form plan.

23 (2) SPECIAL RULE.—If the Consensus Commis24 sion determines that the Board of Education has

25 failed to take an action necessary to develop or im-
401

S 1594 RS

1 plement the long-term reform plan or that the Board

2 of Education is unable to do so, the Consensus Com3 mission shall request the Authority to take appro4 priate action, and the Authority shall take such ac5 tion as the Authority deems appropriate, to develop

6 or implement, as the case may be, the long-term re7 form plan.

8 SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

9 (a) COMMUNITY SERVICE REQUIREMENT FOR SUS10 PENDED STUDENTS.—

11 (1) IN GENERAL.—Any student suspended from

12 classes at a District of Columbia public school who

13 is required to serve the suspension outside the school

14 shall perform community service for the period of

15 suspension. The community service required by this

16 subsection shall be subject to rules and regulations

17 promulgated by the Mayor.

18 (2) EFFECTIVE DATE.—This subsection shall

19 take effect on the first day of the 1996–1997 aca20 demic year.

21 (b) EXPIRATION DATE.—This section, and sections

22 2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effec23 tive on the last day of the 1997–1998 academic year.

24 (c) REPORT.—The Consensus Commission shall

25 study the effectiveness of the policies implemented pursu-
402

S 1594 RS

1 ant to this section in improving order and discipline in

2 District of Columbia public schools and report its findings

3 to the appropriate congressional committees not later than

4 60 days prior to the last day of the 1997–1998 academic

5 year.

6 SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

7 (a) IN GENERAL.—The Consensus Commission may

8 examine and request the Inspector General of the District

9 of Columbia or the Authority to audit the records of the

10 Board of Education to ensure, monitor, and evaluate the

11 performance of the Board of Education with respect to

12 compliance with the long-term reform plan and such plan’s

13 overall educational achievement. The Consensus Commis14 sion shall conduct an annual review of the educational per15 formance of the Board of Education with respect to meet16 ing the goals of such plan for such year. The Board of

17 Education shall cooperate and assist in the review or audit

18 as requested by the Consensus Commission.

19 (b) AUDIT.—The Consensus Commission may exam20 ine and request the Inspector General of the District of

21 Columbia or the Authority to audit the records of any pub22 lic charter school to assure, monitor, and evaluate the per23 formance of the public charter school with respect to the

24 content standards and districtwide assessments described
403

S 1594 RS

1 in section 2411(b). The Consensus Commission shall re2 ceive a copy of each public charter school’s annual report.

3 SEC. 2856. INVESTIGATIVE POWERS.

4 The Consensus Commission may investigate any ac5 tion or activity which may hinder the progress of any part

6 of the long-term reform plan. The Board of Education

7 shall cooperate and assist the Consensus Commission in

8 any investigation. Reports of the findings of any such in9 vestigation shall be provided to the Board of Education,

10 the Superintendent, the Mayor, the District of Columbia

11 Council, the Authority, and the appropriate congressional

12 committees.

13 SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COM14 MISSION.

15 (a) IN GENERAL.—The Consensus Commission may

16 at any time submit recommendations to the Board of Edu17 cation, the Mayor, the District of Columbia Council, the

18 Authority, the Board of Trustees of any public charter

19 school and the Congress with respect to actions the Dis20 trict of Columbia Government or the Federal Government

21 should take to ensure implementation of the long-term re22 form plan.

23 (b) AUTHORITY ACTIONS.—Pursuant to the District

24 of Columbia Financial Responsibility and Management

25 Assistance Act of 1995 or upon the recommendation of
404

S 1594 RS

1 the Consensus Commission, the Authority may take what2 ever actions the Authority deems necessary to ensure the

3 implementation of the long-term reform plan.

4 SEC. 2858. EXPIRATION DATE.

5 Except as otherwise provided in this subtitle, this

6 subtitle shall be effective during the period beginning on

7 the date of enactment of this Act and ending 7 years after

8 such date.

9 Subtitle M—Parent Attendance at

10 Parent-Teacher Conferences

11 SEC. 2901. POLICY.

12 Notwithstanding any other provision of law, the

13 Mayor is authorized to develop and implement a policy en14 couraging all residents of the District of Columbia with

15 children attending a District of Columbia public school to

16 attend and participate in at least one parent-teacher con17 ference every 90 days during the academic year.

18 (c) Such amounts as may be necessary for programs,

19 projects or activities provided for in the Department of

20 the Interior and Related Agencies Appropriations Act,

21 1996 at a rate of operations and to the extent and in the

22 manner provided as follows, to be effective as if it had

23 been enacted into law as the regular appropriations Act:
405

S 1594 RS

1 AN ACT

2 Making appropriations for the Department of the In3 terior and related agencies for the fiscal year ending Sep4 tember 30, 1996, and for other purposes.

5 TITLE I—DEPARTMENT OF THE INTERIOR

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 For expenses necessary for protection, use, improve9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in

11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction

14 of the Bureau of Land Management, including the general

15 administration of the Bureau, and assessment of mineral

16 potential of public lands pursuant to Public Law 96–487

17 (16 U.S.C. 3150(a)), $567,152,000, to remain available

18 until expended, of which $2,000,000 shall be available for

19 assessment of the mineral potential of public lands in

20 Alaska pursuant to section 1010 of Public Law 96–487

21 (16 U.S.C. 3150), and of which $4,000,000 shall be de22 rived from the special receipt account established by sec23 tion 4 of the Land and Water Conservation Fund Act of

24 1965, as amended (16 U.S.C. 460l–6a(i)): Provided, That

25 appropriations herein made shall not be available for the
406

S 1594 RS

1 destruction of healthy, unadopted, wild horses and burros

2 in the care of the Bureau or its contractors; and in addi3 tion, $27,650,000 for Mining Law Administration pro4 gram operations, to remain available until expended, to

5 be reduced by amounts collected by the Bureau of Land

6 Management and credited to this appropriation from an7 nual mining claim fees so as to result in a final appropria8 tion estimated at not more than $567,152,000: Provided

9 further, That in addition to funds otherwise available, and

10 to remain available until expended, not to exceed

11 $5,000,000 from annual mining claim fees shall be cred12 ited to this account for the costs of administering the min13 ing claim fee program, and $2,000,000 from communica14 tion site rental fees established by the Bureau.

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for fire use and management,

17 fire preparedness, emergency presuppression, suppression

18 operations, emergency rehabilitation, and renovation or

19 construction of fire facilities in the Department of the In20 terior, $235,924,000, to remain available until expended,

21 of which not to exceed $5,025,000, shall be available for

22 the renovation or construction of fire facilities: Provided,

23 That notwithstanding any other provision of law, persons

24 hired pursuant to 43 U.S.C. 1469 may be furnished sub25 sistence and lodging without cost from funds available

26 from this appropriation: Provided further, That such funds
407

S 1594 RS

1 are also available for repayment of advances to other ap2 propriation accounts from which funds were previously

3 transferred for such purposes: Provided further, That un4 obligated balances of amounts previously appropriated to

5 the Fire Protection and Emergency Department of the In6 terior Firefighting Fund may be transferred or merged

7 with this appropriation.

8 CENTRAL HAZARDOUS MATERIALS FUND

9 For expenses necessary for use by the Department

10 of the Interior and any of its component offices and bu11 reaus for the remedial action, including associated activi12 ties, of hazardous waste substances, pollutants, or con13 taminants pursuant to the Comprehensive Environmental

14 Response, Compensation and Liability Act, as amended

15 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

16 until expended: Provided, That, notwithstanding 31

17 U.S.C. 3302, sums recovered from or paid by a party in

18 advance of or as reimbursement for remedial action or re19 sponse activities conducted by the Department pursuant

20 to sections 107 or 113(f) of the Comprehensive Environ21 mental Response, Compensation and Liability Act, as

22 amended (42 U.S.C. 9607 or 9613(f)), shall be credited

23 to this account and shall be available without further ap24 propriation and shall remain available until expended: Pro25 vided further, That such sums recovered from or paid by

26 any party are not limited to monetary payments and may
408

S 1594 RS

1 include stocks, bonds or other personal or real property,

2 which may be retained, liquidated, or otherwise disposed

3 of by the Secretary of the Interior and which shall be cred4 ited to this account.

5 CONSTRUCTION AND ACCESS

6 For acquisition of lands and interests therein, and

7 construction of buildings, recreation facilities, roads,

8 trails, and appurtenant facilities, $3,115,000, to remain

9 available until expended.

10 PAYMENTS IN LIEU OF TAXES

11 For expenses necessary to implement the Act of Octo12 ber 20, 1976, as amended (31 U.S.C. 6901–07),

13 $101,500,000, of which not to exceed $400,000 shall be

14 available for administrative expenses.

15 LAND ACQUISITION

16 For expenses necessary to carry out the provisions

17 of sections 205, 206, and 318(d) of Public Law 94–579

18 including administrative expenses and acquisition of lands

19 or waters, or interests therein, $12,800,000 to be derived

20 from the Land and Water Conservation Fund, to remain

21 available until expended.

22 OREGON AND CALIFORNIA GRANT LANDS

23 For expenses necessary for management, protection,

24 and development of resources and for construction, oper25 ation, and maintenance of access roads, reforestation, and

26 other improvements on the revested Oregon and California
409

S 1594 RS

1 Railroad grant lands, on other Federal lands in the Or2 egon and California land-grant counties of Oregon, and

3 on adjacent rights-of-way; and acquisition of lands or in4 terests therein including existing connecting roads on or

5 adjacent to such grant lands; $97,452,000, to remain

6 available until expended: Provided, That 25 per centum

7 of the aggregate of all receipts during the current fiscal

8 year from the revested Oregon and California Railroad

9 grant lands is hereby made a charge against the Oregon

10 and California land-grant fund and shall be transferred

11 to the General Fund in the Treasury in accordance with

12 the provisions of the second paragraph of subsection (b)

13 of title II of the Act of August 28, 1937 (50 Stat. 876).

14 RANGE IMPROVEMENTS

15 For rehabilitation, protection, and acquisition of

16 lands and interests therein, and improvement of Federal

17 rangelands pursuant to section 401 of the Federal Land

18 Policy and Management Act of 1976 (43 U.S.C. 1701),

19 notwithstanding any other Act, sums equal to 50 per cen20 tum of all moneys received during the prior fiscal year

21 under sections 3 and 15 of the Taylor Grazing Act (43

22 U.S.C. 315 et seq.) and the amount designated for range

23 improvements from grazing fees and mineral leasing re24 ceipts from Bankhead-Jones lands transferred to the De25 partment of the Interior pursuant to law, but not less than

26 $9,113,000, to remain available until expended: Provided,
410

S 1594 RS

1 That not to exceed $600,000 shall be available for admin2 istrative expenses.

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources,

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations,

10 and for rehabilitation of damaged property, such amounts

11 as may be collected under sections 209(b), 304(a), 304(b),

12 305(a), and 504(g) of the Act approved October 21, 1976

13 (43 U.S.C. 1701), and sections 101 and 203 of Public

14 Law 93–153, to be immediately available until expended:

15 Provided, That notwithstanding any provision to the con16 trary of section 305(a) of the Act of October 21, 1976

17 (43 U.S.C. 1735(a)), any moneys that have been or will

18 be received pursuant to that section, whether as a result

19 of forfeiture, compromise, or settlement, if not appropriate

20 for refund pursuant to section 305(c) of that Act (43

21 U.S.C. 1735(c)), shall be available and may be expended

22 under the authority of this or subsequent appropriations

23 Acts by the Secretary to improve, protect, or rehabilitate

24 any public lands administered through the Bureau of

25 Land Management which have been damaged by the ac26 tion of a resource developer, purchaser, permittee, or any
411

S 1594 RS

1 unauthorized person, without regard to whether all mon2 eys collected from each such forfeiture, compromise, or

3 settlement are used on the exact lands damage to which

4 led to the forfeiture, compromise, or settlement: Provided

5 further, That such moneys are in excess of amounts need6 ed to repair damage to the exact land for which collected.

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended

9 under existing law, there is hereby appropriated such

10 amounts as may be contributed under section 307 of the

11 Act of October 21, 1976 (43 U.S.C. 1701), and such

12 amounts as may be advanced for administrative costs, sur13 veys, appraisals, and costs of making conveyances of omit14 ted lands under section 211(b) of that Act, to remain

15 available until expended.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations for the Bureau of Land Management

18 shall be available for purchase, erection, and dismantle19 ment of temporary structures, and alteration and mainte20 nance of necessary buildings and appurtenant facilities to

21 which the United States has title; up to $100,000 for pay22 ments, at the discretion of the Secretary, for information

23 or evidence concerning violations of laws administered by

24 the Bureau of Land Management; miscellaneous and

25 emergency expenses of enforcement activities authorized

26 or approved by the Secretary and to be accounted for sole-
412

S 1594 RS

1 ly on his certificate, not to exceed $10,000: Provided, That

2 notwithstanding 44 U.S.C. 501, the Bureau may, under

3 cooperative cost-sharing and partnership arrangements

4 authorized by law, procure printing services from coopera5 tors in connection with jointly-produced publications for

6 which the cooperators share the cost of printing either in

7 cash or in services, and the Bureau determines the co8 operator is capable of meeting accepted quality standards.

9 UNITED STATES FISH AND WILDLIFE SERVICE

10 RESOURCE MANAGEMENT

11 For expenses necessary for scientific and economic

12 studies, conservation, management, investigations, protec13 tion, and utilization of fishery and wildlife resources, ex14 cept whales, seals, and sea lions, and for the performance

15 of other authorized functions related to such resources; for

16 the general administration of the United States Fish and

17 Wildlife Service; and for maintenance of the herd of long18 horned cattle on the Wichita Mountains Wildlife Refuge;

19 and not less than $1,000,000 for high priority projects

20 within the scope of the approved budget which shall be

21 carried out by the Youth Conservation Corps as author22 ized by the Act of August 13, 1970, as amended by Public

23 Law 93–408, $497,670,000, to remain available for obli24 gation until September 30, 1997, of which $11,557,000

25 shall be available until expended for operation and mainte-
413

S 1594 RS

1 nance of fishery mitigation facilities constructed by the

2 Corps of Engineers under the Lower Snake River Com3 pensation Plan, authorized by the Water Resources Devel4 opment Act of 1976 (90 Stat. 2921), to compensate for

5 loss of fishery resources from water development projects

6 on the Lower Snake River: Provided, That unobligated

7 and unexpended balances in the Resource Management ac8 count at the end of fiscal year 1995, shall be merged with

9 and made a part of the fiscal year 1996 Resource Manage10 ment appropriation, and shall remain available for obliga11 tion until September 30, 1997: Provided further, That no

12 monies appropriated under this Act or any other law shall

13 be used to implement subsections (a), (b), (c), (e), (g),

14 or (i) of section 4 of the Endangered Species Act of 1973

15 (16 U.S.C. 1533), until such time as legislation reauthor16 izing the Act is enacted or until the end of fiscal year

17 1996, whichever is earlier, except that monies appro18 priated under this Act may be used to delist or reclassify

19 species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),

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

21 CONSTRUCTION

22 For construction and acquisition of buildings and

23 other facilities required in the conservation, management,

24 investigation, protection, and utilization of fishery and

25 wildlife resources, and the acquisition of lands and inter-
414

S 1594 RS

1 ests therein; $37,655,000, to remain available until ex2 pended.

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment ac5 tivities by the Department of the Interior necessary to

6 carry out the provisions of the Comprehensive Environ7 mental Response, Compensation, and Liability Act, as

8 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu9 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

10 the Oil Pollution Act of 1990 (Public Law 101–380), and

11 the Act of July 27, 1990 (Public Law 101–337);

12 $4,000,000, to remain available until expended: Provided,

13 That sums provided by any party in fiscal year 1996 and

14 thereafter are not limited to monetary payments and may

15 include stocks, bonds or other personal or real property,

16 which may be retained, liquidated or otherwise disposed

17 of by the Secretary and such sums or properties shall be

18 utilized for the restoration of injured resources, and to

19 conduct new damage assessment activities.

20 LAND ACQUISITION

21 For expenses necessary to carry out the provisions

22 of the Land and Water Conservation Fund Act of 1965,

23 as amended (16 U.S.C. 460l–4–11), including administra24 tive expenses, and for acquisition of land or waters, or in25 terest therein, in accordance with statutory authority ap26 plicable to the United States Fish and Wildlife Service,
415

S 1594 RS

1 $36,900,000, to be derived from the Land and Water Con2 servation Fund, to remain available until expended.

3 COOPERATIVE ENDANGERED SPECIES CONSERVATION

4 FUND

5 For expenses necessary to carry out the provisions

6 of the Endangered Species Act of 1973 (16 U.S.C. 1531–

7 1543), as amended by Public Law 100–478, $8,085,000

8 for grants to States, to be derived from the Cooperative

9 Endangered Species Conservation Fund, and to remain

10 available until expended.

11 NATIONAL WILDLIFE REFUGE FUND

12 For expenses necessary to implement the Act of Octo13 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

14 REWARDS AND OPERATIONS

15 For expenses necessary to carry out the provisions

16 of the African Elephant Conservation Act (16 U.S.C.

17 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

18 1538), $600,000, to remain available until expended.

19 NORTH AMERICAN WETLANDS CONSERVATION FUND

20 For expenses necessary to carry out the provisions

21 of the North American Wetlands Conservation Act, Public

22 Law 101–233, $6,750,000, to remain available until ex23 pended.
416

S 1594 RS

1 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

2 WILDLIFE FUND

3 For carrying out section 206(f) of Public Law 101–

4 618, such sums as have previously been credited or may

5 be credited hereafter to the Lahontan Valley and Pyramid

6 Lake Fish and Wildlife Fund, to be available until ex7 pended without further appropriation.

8 RHINOCEROS AND TIGER CONSERVATION FUND

9 For deposit to the Rhinoceros and Tiger Conserva10 tion Fund, $200,000, to remain available until expended,

11 to be available to carry out the provisions of the Rhinoc12 eros and Tiger Conservation Act of 1994 (Public Law

13 103–391).

14 WILDLIFE CONSERVATION AND APPRECIATION FUND

15 For deposit to the Wildlife Conservation and Appre16 ciation Fund, $800,000, to remain available until ex17 pended.

18 ADMINISTRATIVE PROVISIONS

19 Appropriations and funds available to the United

20 States Fish and Wildlife Service shall be available for pur21 chase of not to exceed 113 passenger motor vehicles; not

22 to exceed $400,000 for payment, at the discretion of the

23 Secretary, for information, rewards, or evidence concern24 ing violations of laws administered by the United States

25 Fish and Wildlife Service, and miscellaneous and emer26 gency expenses of enforcement activities, authorized or ap-
417

S 1594 RS

1 proved by the Secretary and to be accounted for solely on

2 his certificate; repair of damage to public roads within and

3 adjacent to reservation areas caused by operations of the

4 United States Fish and Wildlife Service; options for the

5 purchase of land at not to exceed $1 for each option; facili6 ties incident to such public recreational uses on conserva7 tion areas as are consistent with their primary purpose;

8 and the maintenance and improvement of aquaria, build9 ings, and other facilities under the jurisdiction of the Unit10 ed States Fish and Wildlife Service and to which the Unit11 ed States has title, and which are utilized pursuant to law

12 in connection with management and investigation of fish

13 and wildlife resources: Provided, That notwithstanding 44

14 U.S.C. 501, the Service may, under cooperative cost shar15 ing and partnership arrangements authorized by law, pro16 cure printing services from cooperators in connection with

17 jointly-produced publications for which the cooperators

18 share at least one-half the cost of printing either in cash

19 or services and the Service determines the cooperator is

20 capable of meeting accepted quality standards: Provided

21 further, That the United States Fish and Wildlife Service

22 may accept donated aircraft as replacements for existing

23 aircraft: Provided further, That notwithstanding any other

24 provision of law, the Secretary of the Interior may not

25 spend any of the funds appropriated in this Act for the
418

S 1594 RS

1 purchase of lands or interests in lands to be used in the

2 establishment of any new unit of the National Wildlife

3 Refuge System unless the purchase is approved in advance

4 by the House and Senate Committees on Appropriations

5 in compliance with the reprogramming procedures con6 tained in House Report 103–551: Provided further, That

7 none of the funds made available in this Act may be used

8 by the U. S. Fish and Wildlife Service to impede or delay

9 the issuance of a wetlands permit by the U. S. Army Corps

10 of Engineers to the City of Lake Jackson, Texas, for the

11 development of a public golf course west of Buffalo Camp

12 Bayou between the Brazos River and Highway 332: Pro13 vided further, That the Director of the Fish and Wildlife

14 Service may charge reasonable fees for expenses to the

15 Federal Government for providing training by the Na16 tional Education and Training Center: Provided further,

17 That all training fees collected shall be available to the

18 Director, until expended, without further appropriation, to

19 be used for the costs of training and education provided

20 by the National Education and Training Center: Provided

21 further, That with respect to lands leased for farming pur22 suant to Public Law 88–567, if for any reason the Sec23 retary disapproves for use in 1996 or does not finally ap24 prove for use in 1996 any pesticide or chemical which was

25 approved for use in 1995 or had been requested for use
419

S 1594 RS

1 in 1996 by the submission of a pesticide use proposal as

2 of September 19, 1995, none of the funds in this Act may

3 be used to develop, implement, or enforce regulations or

4 policies (including pesticide use proposals) related to the

5 use of chemicals and pest management that are more re6 strictive than the requirements of applicable State and

7 Federal laws related to the use of chemicals and pest man8 agement practices on non-Federal lands.

9 NATIONAL PARK SERVICE

10 OPERATION OF THE NATIONAL PARK SYSTEM

11 For expenses necessary for the management, oper12 ation, and maintenance of areas and facilities adminis13 tered by the National Park Service (including special road

14 maintenance service to trucking permittees on a reimburs15 able basis), and for the general administration of the Na16 tional Park Service, including not to exceed $1,593,000

17 for the Volunteers-in-Parks program, and not less than

18 $1,000,000 for high priority projects within the scope of

19 the approved budget which shall be carried out by the

20 Youth Conservation Corps as authorized by the Act of Au21 gust 13, 1970, as amended by Public Law 93–408,

22 $1,086,014,000, without regard to the Act of August 24,

23 1912, as amended (16 U.S.C. 451), of which not to exceed

24 $72,000,000, to remain available until expended is to be
420

S 1594 RS

1 derived from the special fee account established pursuant

2 to title V, section 5201, of Public Law 100–203.

3 NATIONAL RECREATION AND PRESERVATION

4 For expenses necessary to carry out recreation pro5 grams, natural programs, cultural programs, environ6 mental compliance and review, international park affairs,

7 statutory or contractual aid for other activities, and grant

8 administration, not otherwise provided for, $37,649,000:

9 Provided, That $236,000 of the funds provided herein are

10 for the William O. Douglas Outdoor Education Center,

11 subject to authorization.

12 HISTORIC PRESERVATION FUND

13 For expenses necessary in carrying out the provisions

14 of the Historic Preservation Act of 1966 (80 Stat. 915),

15 as amended (16 U.S.C. 470), $36,212,000, to be derived

16 from the Historic Preservation Fund, established by sec17 tion 108 of that Act, as amended, to remain available for

18 obligation until September 30, 1997.

19 CONSTRUCTION

20 For construction, improvements, repair or replace21 ment of physical facilities, $143,225,000, to remain avail22 able until expended: Provided, That not to exceed

23 $4,500,000 of the funds provided herein shall be paid to

24 the Army Corps of Engineers for modifications authorized

25 by section 104 of the Everglades National Park Protection

26 and Expansion Act of 1989: Provided further, That funds
421

S 1594 RS

1 provided under this head, derived from the Historic Pres2 ervation Fund, established by the Historic Preservation

3 Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470),

4 may be available until expended to render sites safe for

5 visitors and for building stabilization.

6 LAND AND WATER CONSERVATION FUND

7 (RESCISSION)

8 The contract authority provided for fiscal year 1996

9 by 16 U.S.C. 460l–10a is rescinded.

10 LAND ACQUISITION AND STATE ASSISTANCE

11 For expenses necessary to carry out the provisions

12 of the Land and Water Conservation Fund Act of 1965,

13 as amended (16 U.S.C. 460l–4–11), including administra14 tive expenses, and for acquisition of lands or waters, or

15 interest therein, in accordance with statutory authority

16 applicable to the National Park Service, $49,100,000, to

17 be derived from the Land and Water Conservation Fund,

18 to remain available until expended, and of which

19 $1,500,000 is to administer the State assistance program:

20 Provided, That any funds made available for the purpose

21 of acquisition of the Elwha and Glines dams shall be used

22 solely for acquisition, and shall not be expended until the

23 full purchase amount has been appropriated by the Con24 gress.
422

S 1594 RS

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be

3 available for the purchase of not to exceed 518 passenger

4 motor vehicles, of which 323 shall be for replacement only,

5 including not to exceed 411 for police-type use, 12 buses,

6 and 5 ambulances: Provided, That none of the funds ap7 propriated to the National Park Service may be used to

8 process any grant or contract documents which do not in9 clude the text of 18 U.S.C. 1913: Provided further, That

10 none of the funds appropriated to the National Park Serv11 ice may be used to implement an agreement for the rede12 velopment of the southern end of Ellis Island until such

13 agreement has been submitted to the Congress and shall

14 not be implemented prior to the expiration of 30 calendar

15 days (not including any day in which either House of Con16 gress is not in session because of adjournment of more

17 than three calendar days to a day certain) from the receipt

18 by the Speaker of the House of Representatives and the

19 President of the Senate of a full and comprehensive report

20 on the development of the southern end of Ellis Island,

21 including the facts and circumstances relied upon in sup22 port of the proposed project.

23 None of the funds in this Act may be spent by the

24 National Park Service for activities taken in direct re25 sponse to the United Nations Biodiversity Convention.
423

S 1594 RS

1 The National Park Service may enter into cooperative

2 agreements that involve the transfer of National Park

3 Service appropriated funds to State, local and tribal gov4 ernments, other public entities, educational institutions,

5 and private nonprofit organizations for the public purpose

6 of carrying out National Park Service programs.

7 The National Park Service shall, within existing

8 funds, conduct a Feasibility Study for a northern access

9 route into Denali National Park and Preserve in Alaska,

10 to be completed within one year of the enactment of this

11 Act and submitted to the House and Senate Committees

12 on Appropriations and to the Senate Committee on En13 ergy and Natural Resources and the House Committee on

14 Resources. The Feasibility Study shall ensure that re15 source impacts from any plan to create such access route

16 are evaluated with accurate information and according to

17 a process that takes into consideration park values, visitor

18 needs, a full range of alternatives, the viewpoints of all

19 interested parties, including the tourism industry and the

20 State of Alaska, and potential needs for compliance with

21 the National Environmental Policy Act. The Study shall

22 also address the time required for development of alter23 natives and identify all associated costs.

24 This Feasibility Study shall be conducted solely by

25 the National Park Service planning personnel permanently
424

S 1594 RS

1 assigned to National Park Service offices located in the

2 State of Alaska in consultation with the State of Alaska

3 Department of Transportation.

4 UNITED STATES GEOLOGICAL SURVEY

5 SURVEYS, INVESTIGATIONS, AND RESEARCH

6 For expenses necessary for the United States Geo7 logical Survey to perform surveys, investigations, and re8 search covering topography, geology, hydrology, and the

9 mineral and water resources of the United States, its Ter10 ritories and possessions, and other areas as authorized by

11 law (43 U.S.C. 31, 1332 and 1340); classify lands as to

12 their mineral and water resources; give engineering super13 vision to power permittees and Federal Energy Regulatory

14 Commission licensees; administer the minerals exploration

15 program (30 U.S.C. 641); and publish and disseminate

16 data relative to the foregoing activities; and to conduct

17 inquiries into the economic conditions affecting mining

18 and materials processing industries (30 U.S.C. 3, 21a, and

19 1603; 50 U.S.C. 98g(1)) and related purposes as author20 ized by law and to publish and disseminate data;

21 $729,995,000, of which $62,130,000 shall be available for

22 cooperation with States or municipalities for water re23 sources investigations, and of which $137,000,000 for re24 source research and the operations of Cooperative Re25 search Units shall remain available until September 30,
425

S 1594 RS

1 1997, and of which $16,000,000 shall remain available

2 until expended for conducting inquiries into the economic

3 conditions affecting mining and materials processing in4 dustries: Provided, That no part of this appropriation shall

5 be used to pay more than one-half the cost of any topo6 graphic mapping or water resources investigations carried

7 on in cooperation with any State or municipality: Provided

8 further, That funds available herein for resource research

9 may be used for the purchase of not to exceed 61 pas10 senger motor vehicles, of which 55 are for replacement

11 only: Provided further, That none of the funds available

12 under this head for resource research shall be used to con13 duct new surveys on private property, including new aerial

14 surveys for the designation of habitat under the Endan15 gered Species Act, except when it is made known to the

16 Federal official having authority to obligate or expend

17 such funds that the survey or research has been requested

18 and authorized in writing by the property owner or the

19 owner’s authorized representative: Provided further, That

20 none of the funds provided herein for resource research

21 may be used to administer a volunteer program when it

22 is made known to the Federal official having authority to

23 obligate or expend such funds that the volunteers are not

24 properly trained or that information gathered by the vol25 unteers is not carefully verified: Provided further, That no
426

S 1594 RS

1 later than April 1, 1996, the Director of the United States

2 Geological Survey shall issue agency guidelines for re3 source research that ensure that scientific and technical

4 peer review is utilized as fully as possible in selection of

5 projects for funding and ensure the validity and reliability

6 of research and data collection on Federal lands: Provided

7 further, That no funds available for resource research may

8 be used for any activity that was not authorized prior to

9 the establishment of the National Biological Survey: Pro10 vided further, That once every five years the National

11 Academy of Sciences shall review and report on the re12 source research activities of the Survey: Provided further,

13 That if specific authorizing legislation is enacted during

14 or before the start of fiscal year 1996, the resource re15 search component of the Survey should comply with the

16 provisions of that legislation: Provided further, That unob17 ligated and unexpended balances in the National Biologi18 cal Survey, Research, inventories and surveys account at

19 the end of fiscal year 1995, shall be merged with and made

20 a part of the United States Geological Survey, Surveys,

21 investigations, and research account and shall remain

22 available for obligation until September 30, 1996: Pro23 vided further, That the authority granted to the United

24 States Bureau of Mines to conduct mineral surveys and

25 to determine mineral values by section 603 of Public Law
427

S 1594 RS

1 94–579 is hereby transferred to, and vested in, the Direc2 tor of the United States Geological Survey.

3 ADMINISTRATIVE PROVISIONS

4 The amount appropriated for the United States Geo5 logical Survey shall be available for purchase of not to ex6 ceed 22 passenger motor vehicles, for replacement only;

7 reimbursement to the General Services Administration for

8 security guard services; contracting for the furnishing of

9 topographic maps and for the making of geophysical or

10 other specialized surveys when it is administratively deter11 mined that such procedures are in the public interest; con12 struction and maintenance of necessary buildings and ap13 purtenant facilities; acquisition of lands for gauging sta14 tions and observation wells; expenses of the United States

15 National Committee on Geology; and payment of com16 pensation and expenses of persons on the rolls of the Unit17 ed States Geological Survey appointed, as authorized by

18 law, to represent the United States in the negotiation and

19 administration of interstate compacts: Provided, That ac20 tivities funded by appropriations herein made may be ac21 complished through the use of contracts, grants, or coop22 erative agreements as defined in 31 U.S.C. 6302, et seq.

23 MINERALS MANAGEMENT SERVICE

24 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

25 For expenses necessary for minerals leasing and envi26 ronmental studies, regulation of industry operations, and
428

S 1594 RS

1 collection of royalties, as authorized by law; for enforcing

2 laws and regulations applicable to oil, gas, and other min3 erals leases, permits, licenses and operating contracts; and

4 for matching grants or cooperative agreements; including

5 the purchase of not to exceed eight passenger motor vehi6 cles for replacement only; $182,339,000, of which not less

7 than $70,105,000 shall be available for royalty manage8 ment activities; and an amount not to exceed $15,400,000

9 for the Technical Information Management System and

10 Related Activities of the Outer Continental Shelf (OCS)

11 Lands Activity, to be credited to this appropriation and

12 to remain available until expended, from additions to re13 ceipts resulting from increases to rates in effect on August

14 5, 1993, from rate increases to fee collections for OCS

15 administrative activities performed by the Minerals Man16 agement Service over and above the rates in effect on Sep17 tember 30, 1993, and from additional fees for OCS admin18 istrative activities established after September 30, 1993:

19 Provided, That beginning in fiscal year 1996 and there20 after, fees for royalty rate relief applications shall be es21 tablished (and revised as needed) in Notices to Lessees,

22 and shall be credited to this account in the program areas

23 performing the function, and remain available until ex24 pended for the costs of administering the royalty rate re25 lief authorized by 43 U.S.C. 1337(a)(3): Provided further,
429

S 1594 RS

1 That $1,500,000 for computer acquisitions shall remain

2 available until September 30, 1997: Provided further, That

3 funds appropriated under this Act shall be available for

4 the payment of interest in accordance with 30 U.S.C.

5 1721 (b) and (d): Provided further, That not to exceed

6 $3,000 shall be available for reasonable expenses related

7 to promoting volunteer beach and marine cleanup activi8 ties: Provided further, That notwithstanding any other

9 provision of law, $15,000 under this head shall be avail10 able for refunds of overpayments in connection with cer11 tain Indian leases in which the Director of the Minerals

12 Management Service concurred with the claimed refund

13 due, to pay amounts owed to Indian allottees or Tribes,

14 or to correct prior unrecoverable erroneous payments: Pro15 vided further, That beginning in fiscal year 1996 and

16 thereafter, the Secretary shall take appropriate action to

17 collect unpaid and underpaid royalties and late payment

18 interest owed by Federal and Indian mineral lessees and

19 other royalty payors on amounts received in settlement or

20 other resolution of disputes under, and for partial or com21 plete termination of, sales agreements for minerals from

22 Federal and Indian leases.

23 OIL SPILL RESEARCH

24 For necessary expenses to carry out the purposes of

25 title I, section 1016, title IV, sections 4202 and 4303, title

26 VII, and title VIII, section 8201 of the Oil Pollution Act
430

S 1594 RS

1 of 1990, $6,440,000, which shall be derived from the Oil

2 Spill Liability Trust Fund, to remain available until ex3 pended.

4 BUREAU OF MINES

5 MINES AND MINERALS

6 For expenses necessary for, and incidental to, the clo7 sure of the United States Bureau of Mines, $64,000,000,

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

9 $5,000,000 may be used for the completion and/or trans10 fer of certain ongoing projects within the United States

11 Bureau of Mines, such projects to be identified by the Sec12 retary of the Interior within 90 days of enactment of this

13 Act: Provided, That there hereby are transferred to, and

14 vested in, the Secretary of Energy: (1) the functions per15 taining to the promotion of health and safety in mines and

16 the mineral industry through research vested by law in

17 the Secretary of the Interior or the United States Bureau

18 of Mines and performed in fiscal year 1995 by the United

19 States Bureau of Mines at its Pittsburgh Research Center

20 in Pennsylvania, and at its Spokane Research Center in

21 Washington; (2) the functions pertaining to the conduct

22 of inquiries, technological investigations and research con23 cerning the extraction, processing, use and disposal of

24 mineral substances vested by law in the Secretary of the

25 Interior or the United States Bureau of Mines and per-
431

S 1594 RS

1 formed in fiscal year 1995 by the United States Bureau

2 of Mines under the minerals and materials science pro3 grams at its Pittsburgh Research Center in Pennsylvania,

4 and at its Albany Research Center in Oregon; and (3) the

5 functions pertaining to mineral reclamation industries and

6 the development of methods for the disposal, control, pre7 vention, and reclamation of mineral waste products vested

8 by law in the Secretary of the Interior or the United

9 States Bureau of Mines and performed in fiscal year 1995

10 by the United States Bureau of Mines at its Pittsburgh

11 Research Center in Pennsylvania: Provided further, That,

12 if any of the same functions were performed in fiscal year

13 1995 at locations other than those listed above, such func14 tions shall not be transferred to the Secretary of Energy

15 from those other locations: Provided further, That the Di16 rector of the Office of Management and Budget, in con17 sultation with the Secretary of Energy and the Secretary

18 of the Interior, is authorized to make such determinations

19 as may be necessary with regard to the transfer of func20 tions which relate to or are used by the Department of

21 the Interior, or component thereof affected by this trans22 fer of functions, and to make such dispositions of person23 nel, facilities, assets, liabilities, contracts, property,

24 records, and unexpended balances of appropriations, au25 thorizations, allocations, and other funds held, used, aris-
432

S 1594 RS

1 ing from, available to or to be made available in connection

2 with, the functions transferred herein as are deemed nec3 essary to accomplish the purposes of this transfer: Pro4 vided further, That all reductions in personnel com5 plements resulting from the provisions of this Act shall,

6 as to the functions transferred to the Secretary of Energy,

7 be done by the Secretary of the Interior as though these

8 transfers had not taken place but had been required of

9 the Department of the Interior by all other provisions of

10 this Act before the transfers of function became effective:

11 Provided further, That the transfers of function to the Sec12 retary of Energy shall become effective on the date speci13 fied by the Director of the Office of Management and

14 Budget, but in no event later than 90 days after enact15 ment into law of this Act: Provided further, That the ref16 erence to ‘‘function’’ includes, but is not limited to, any

17 duty, obligation, power, authority, responsibility, right,

18 privilege, and activity, or the plural thereof, as the case

19 may be.

20 ADMINISTRATIVE PROVISIONS

21 The Secretary is authorized to accept lands, build22 ings, equipment, other contributions, and fees from public

23 and private sources, and to prosecute projects using such

24 contributions and fees in cooperation with other Federal,

25 State or private agencies: Provided, That the Bureau of

26 Mines is authorized, during the current fiscal year, to sell
433

S 1594 RS

1 directly or through any Government agency, including cor2 porations, any metal or mineral products that may be

3 manufactured in pilot plants operated by the Bureau of

4 Mines, and the proceeds of such sales shall be covered into

5 the Treasury as miscellaneous receipts: Provided further,

6 That notwithstanding any other provision of law, the Sec7 retary is authorized to convey, without reimbursement,

8 title and all interest of the United States in property and

9 facilities of the United States Bureau of Mines in Juneau,

10 Alaska, to the City and Borough of Juneau, Alaska; in

11 Tuscaloosa, Alabama, to the University of Alabama; in

12 Rolla, Missouri, to the University of Missouri-Rolla; and

13 in other localities to such university or government entities

14 as the Secretary deems appropriate.

15 OFFICE OF SURFACE MINING RECLAMATION AND

16 ENFORCEMENT

17 REGULATION AND TECHNOLOGY

18 For necessary expenses to carry out the provisions

19 of the Surface Mining Control and Reclamation Act of

20 1977, Public Law 95–87, as amended, including the pur21 chase of not to exceed 15 passenger motor vehicles for re22 placement only; $95,470,000, and notwithstanding 31

23 U.S.C. 3302, an additional amount shall be credited to

24 this account, to remain available until expended, from per25 formance bond forfeitures in fiscal year 1996: Provided,
434

S 1594 RS

1 That notwithstanding any other provision of law, the Sec2 retary of the Interior, pursuant to regulations, may utilize

3 directly or through grants to States, moneys collected in

4 fiscal year 1996 pursuant to the assessment of civil pen5 alties under section 518 of the Surface Mining Control

6 and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim

7 lands adversely affected by coal mining practices after Au8 gust 3, 1977, to remain available until expended: Provided

9 further, That notwithstanding any other provision of law,

10 appropriations for the Office of Surface Mining Reclama11 tion and Enforcement may provide for the travel and per

12 diem expenses of State and tribal personnel attending Of13 fice of Surface Mining Reclamation and Enforcement

14 sponsored training.

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out the provisions

17 of title IV of the Surface Mining Control and Reclamation

18 Act of 1977, Public Law 95–87, as amended, including

19 the purchase of not more than 22 passenger motor vehicles

20 for replacement only, $173,887,000, to be derived from

21 receipts of the Abandoned Mine Reclamation Fund and

22 to remain available until expended: Provided, That grants

23 to minimum program States will be $1,500,000 per State

24 in fiscal year 1996: Provided further, That of the funds

25 herein provided up to $18,000,000 may be used for the

26 emergency program authorized by section 410 of Public
435

S 1594 RS

1 Law 95–87, as amended, of which no more than 25 per

2 centum shall be used for emergency reclamation projects

3 in any one State and funds for Federally-administered

4 emergency reclamation projects under this proviso shall

5 not exceed $11,000,000: Provided further, That prior year

6 unobligated funds appropriated for the emergency rec7 lamation program shall not be subject to the 25 per cen8 tum limitation per State and may be used without fiscal

9 year limitation for emergency projects: Provided further,

10 That pursuant to Public Law 97–365, the Department of

11 the Interior is authorized to utilize up to 20 per centum

12 from the recovery of the delinquent debt owed to the Unit13 ed States Government to pay for contracts to collect these

14 debts: Provided further, That funds made available to

15 States under title IV of Public Law 95–87 may be used,

16 at their discretion, for any required non-Federal share of

17 the cost of projects funded by the Federal Government

18 for the purpose of environmental restoration related to

19 treatment or abatement of acid mine drainage from aban20 doned mines: Provided further, That such projects must

21 be consistent with the purposes and priorities of the Sur22 face Mining Control and Reclamation Act.
436

S 1594 RS

1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 For operation of Indian programs by direct expendi4 ture, contracts, cooperative agreements, compacts, and

5 grants including expenses necessary to provide education

6 and welfare services for Indians, either directly or in co7 operation with States and other organizations, including

8 payment of care, tuition, assistance, and other expenses

9 of Indians in boarding homes, or institutions, or schools;

10 grants and other assistance to needy Indians; maintenance

11 of law and order; management, development, improve12 ment, and protection of resources and appurtenant facili13 ties under the jurisdiction of the Bureau of Indian Affairs,

14 including payment of irrigation assessments and charges;

15 acquisition of water rights; advances for Indian industrial

16 and business enterprises; operation of Indian arts and

17 crafts shops and museums; development of Indian arts

18 and crafts, as authorized by law; for the general adminis19 tration of the Bureau of Indian Affairs, including such

20 expenses in field offices; maintaining of Indian reservation

21 roads as defined in section 101 of title 23, United States

22 Code; and construction, repair, and improvement of Indian

23 housing, $1,384,434,000, of which not to exceed

24 $100,255,000 shall be for welfare assistance grants and

25 not to exceed $104,626,000 shall be for payments to tribes
437

S 1594 RS

1 and tribal organizations for contract support costs associ2 ated with ongoing contracts or grants or compacts entered

3 into with the Bureau of Indian Affairs prior to fiscal year

4 1996, as authorized by the Indian Self-Determination Act

5 of 1975, as amended, and up to $5,000,000 shall be for

6 the Indian Self-Determination Fund, which shall be avail7 able for the transitional cost of initial or expanded tribal

8 contracts, grants, compacts, or cooperative agreements

9 with the Bureau of Indian Affairs under the provisions

10 of the Indian Self-Determination Act; and of which not

11 to exceed $330,711,000 for school operations costs of Bu12 reau-funded schools and other education programs shall

13 become available for obligation on July 1, 1996, and shall

14 remain available for obligation until September 30, 1997;

15 and of which not to exceed $68,209,000 for higher edu16 cation scholarships, adult vocational training, and assist17 ance to public schools under the Act of April 16, 1934

18 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall

19 remain available for obligation until September 30, 1997;

20 and of which not to exceed $71,854,000 shall remain

21 available until expended for housing improvement, road

22 maintenance, attorney fees, litigation support, self-govern23 ance grants, the Indian Self-Determination Fund, and the

24 Navajo-Hopi Settlement Program: Provided, That tribes

25 and tribal contractors may use their tribal priority alloca-
438

S 1594 RS

1 tions for unmet indirect costs of ongoing contracts, grants

2 or compact agreements: Provided further, That funds

3 made available to tribes and tribal organizations through

4 contracts or grants obligated during fiscal year 1996, as

5 authorized by the Indian Self-Determination Act of 1975

6 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants author7 ized by the Indian Education Amendments of 1988 (25

8 U.S.C. 2001 and 2008A) shall remain available until ex9 pended by the contractor or grantee: Provided further,

10 That to provide funding uniformity within a Self-Govern11 ance Compact, any funds provided in this Act with avail12 ability for more than one year may be reprogrammed to

13 one year availability but shall remain available within the

14 Compact until expended: Provided further, That notwith15 standing any other provision of law, Indian tribal govern16 ments may, by appropriate changes in eligibility criteria

17 or by other means, change eligibility for general assistance

18 or change the amount of general assistance payments for

19 individuals within the service area of such tribe who are

20 otherwise deemed eligible for general assistance payments

21 so long as such changes are applied in a consistent manner

22 to individuals similarly situated: Provided further, That

23 any savings realized by such changes shall be available for

24 use in meeting other priorities of the tribes: Provided fur25 ther, That any net increase in costs to the Federal Govern-
439

S 1594 RS

1 ment which result solely from tribally increased payment

2 levels for general assistance shall be met exclusively from

3 funds available to the tribe from within its tribal priority

4 allocation: Provided further, That any forestry funds allo5 cated to a tribe which remain unobligated as of September

6 30, 1996, may be transferred during fiscal year 1997 to

7 an Indian forest land assistance account established for

8 the benefit of such tribe within the tribe’s trust fund ac9 count: Provided further, That any such unobligated bal10 ances not so transferred shall expire on September 30,

11 1997: Provided further, That notwithstanding any other

12 provision of law, no funds available to the Bureau of In13 dian Affairs, other than the amounts provided herein for

14 assistance to public schools under the Act of April 16,

15 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.),

16 shall be available to support the operation of any elemen17 tary or secondary school in the State of Alaska in fiscal

18 year 1996: Provided further, That funds made available

19 in this or any other Act for expenditure through Septem20 ber 30, 1997 for schools funded by the Bureau of Indian

21 Affairs shall be available only to the schools which are in

22 the Bureau of Indian Affairs school system as of Septem23 ber 1, 1995: Provided further, That no funds available to

24 the Bureau of Indian Affairs shall be used to support ex25 panded grades for any school beyond the grade structure
440

S 1594 RS

1 in place at each school in the Bureau of Indian Affairs

2 school system as of October 1, 1995: Provided further,

3 That notwithstanding the provisions of 25 U.S.C.

4 2011(h)(1)(B) and (c), upon the recommendation of a

5 local school board for a Bureau of Indian Affairs operated

6 school, the Secretary shall establish rates of basic com7 pensation or annual salary rates for the positions of teach8 ers and counselors (including dormitory and homeliving

9 counselors) at the school at a level not less than that for

10 comparable positions in public school districts in the same

11 geographic area, to become effective on July 1, 1997: Pro12 vided further, That of the funds available only through

13 September 30, 1995, not to exceed $8,000,000 in unobli14 gated and unexpended balances in the Operation of Indian

15 Programs account shall be merged with and made a part

16 of the fiscal year 1996 Operation of Indian Programs ap17 propriation, and shall remain available for obligation for

18 employee severance, relocation, and related expenses, until

19 March 31, 1996.

20 CONSTRUCTION

21 For construction, major repair, and improvement of

22 irrigation and power systems, buildings, utilities, and

23 other facilities, including architectural and engineering

24 services by contract; acquisition of lands and interests in

25 lands; and preparation of lands for farming,

26 $100,833,000, to remain available until expended: Pro-
441

S 1594 RS

1 vided, That such amounts as may be available for the con2 struction of the Navajo Indian Irrigation Project and for

3 other water resource development activities related to the

4 Southern Arizona Water Rights Settlement Act may be

5 transferred to the Bureau of Reclamation: Provided fur6 ther, That not to exceed 6 per centum of contract author7 ity available to the Bureau of Indian Affairs from the Fed8 eral Highway Trust Fund may be used to cover the road

9 program management costs of the Bureau of Indian Af10 fairs: Provided further, That any funds provided for the

11 Safety of Dams program pursuant to 25 U.S.C. 13 shall

12 be made available on a non-reimbursable basis: Provided

13 further, That for the fiscal year ending September 30,

14 1996, in implementing new construction or facilities im15 provement and repair project grants in excess of $100,000

16 that are provided to tribally controlled grant schools under

17 Public Law 100–297, as amended, the Secretary of the

18 Interior shall use the Administrative and Audit Require19 ments and Cost Principles for Assistance Programs con20 tained in 43 CFR part 12 as the regulatory requirements:

21 Provided further, That such grants shall not be subject

22 to section 12.61 of 43 CFR; the Secretary and the grantee

23 shall negotiate and determine a schedule of payments for

24 the work to be performed: Provided further, That in con25 sidering applications, the Secretary shall consider whether
442

S 1594 RS

1 the Indian tribe or tribal organization would be deficient

2 in assuring that the construction projects conform to ap3 plicable building standards and codes and Federal, tribal,

4 or State health and safety standards as required by 25

5 U.S.C. 2005(a), with respect to organizational and finan6 cial management capabilities: Provided further, That if the

7 Secretary declines an application, the Secretary shall fol8 low the requirements contained in 25 U.S.C. 2505(f): Pro9 vided further, That any disputes between the Secretary

10 and any grantee concerning a grant shall be subject to

11 the disputes provision in 25 U.S.C. 2508(e).

12 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

13 MISCELLANEOUS PAYMENTS TO INDIANS

14 For miscellaneous payments to Indian tribes and in15 dividuals and for necessary administrative expenses,

16 $80,645,000, to remain available until expended; of which

17 $78,600,000 shall be available for implementation of en18 acted Indian land and water claim settlements pursuant

19 to Public Laws 87–483, 97–293, 101–618, 102–374, 102–

20 441, 102–575, and 103–116, and for implementation of

21 other enacted water rights settlements, including not to

22 exceed $8,000,000, which shall be for the Federal share

23 of the Catawba Indian Tribe of South Carolina Claims

24 Settlement, as authorized by section 5(a) of Public Law

25 103–116; and of which $1,045,000 shall be available pur26 suant to Public Laws 98–500, 99–264, and 100–580; and
443

S 1594 RS

1 of which $1,000,000 shall be available (1) to liquidate obli2 gations owed tribal and individual Indian payees of any

3 checks canceled pursuant to section 1003 of the Competi4 tive Equality Banking Act of 1987 (Public Law 100–86

5 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In6 dividual Indian Monies trust funds, Indian Irrigation Sys7 tems, and Indian Power Systems accounts amounts in8 vested in credit unions or defaulted savings and loan asso9 ciations and which were not Federally insured, and (3)

10 to reimburse Indian trust fund account holders for losses

11 to their respective accounts where the claim for said

12 loss(es) has been reduced to a judgment or settlement

13 agreement approved by the Department of Justice.

14 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

15 For payment of management and technical assistance

16 requests associated with loans and grants approved under

17 the Indian Financing Act of 1974, as amended, $500,000.

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed loans $4,500,000, as au20 thorized by the Indian Financing Act of 1974, as amend21 ed: Provided, That such costs, including the cost of modi22 fying such loans, shall be as defined in section 502 of the

23 Congressional Budget Act of 1974, as amended: Provided

24 further, That these funds are available to subsidize total

25 loan principal, any part of which is to be guaranteed, not

26 to exceed $35,914,000.
444

S 1594 RS

1 In addition, for administrative expenses necessary to

2 carry out the guaranteed loan program, $500,000.

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the Bureau of Indian Affairs shall

5 be available for expenses of exhibits, and purchase of not

6 to exceed 275 passenger carrying motor vehicles, of which

7 not to exceed 215 shall be for replacement only.

8 TERRITORIAL AND INTERNATIONAL AFFAIRS

9 ASSISTANCE TO TERRITORIES

10 For expenses necessary for assistance to territories

11 under the jurisdiction of the Department of the Interior,

12 $65,188,000, of which (1) $61,661,000 shall be available

13 until expended for technical assistance, including mainte14 nance assistance, disaster assistance, insular management

15 controls, and brown tree snake control and research;

16 grants to the judiciary in American Samoa for compensa17 tion and expenses, as authorized by law (48 U.S.C.

18 1661(c)); grants to the Government of American Samoa,

19 in addition to current local revenues, for construction and

20 support of governmental functions; grants to the Govern21 ment of the Virgin Islands as authorized by law; grants

22 to the Government of Guam, as authorized by law; and

23 grants to the Government of the Northern Mariana Is24 lands as authorized by law (Public Law 94–241; 90 Stat.

25 272); and (2) $3,527,000 shall be available for salaries

26 and expenses of the Office of Insular Affairs: Provided,
445

S 1594 RS

1 That all financial transactions of the territorial and local

2 governments herein provided for, including such trans3 actions of all agencies or instrumentalities established or

4 utilized by such governments, may be audited by the Gen5 eral Accounting Office, at its discretion, in accordance

6 with chapter 35 of title 31, United States Code: Provided

7 further, That Northern Mariana Islands Covenant grant

8 funding shall be provided according to those terms of the

9 Agreement of the Special Representatives on Future Unit10 ed States Financial Assistance for the Northern Mariana

11 Islands approved by Public Law 99–396, or any subse12 quent legislation related to Commonwealth of the North13 ern Mariana Islands Covenant grant funding: Provided

14 further, That of the amounts provided for technical assist15 ance, sufficient funding shall be made available for a grant

16 to the Close Up Foundation: Provided further, That the

17 funds for the program of operations and maintenance im18 provement are appropriated to institutionalize routine op19 erations and maintenance of capital infrastructure in

20 American Samoa, Guam, the Virgin Islands, the Common21 wealth of the Northern Mariana Islands, the Republic of

22 Palau, the Republic of the Marshall Islands, and the Fed23 erated States of Micronesia through assessments of long24 range operations and maintenance needs, improved capa25 bility of local operations and maintenance institutions and
446

S 1594 RS

1 agencies (including management and vocational education

2 training), and project-specific maintenance (with terri3 torial participation and cost sharing to be determined by

4 the Secretary based on the individual territory’s commit5 ment to timely maintenance of its capital assets): Provided

6 further, That any appropriation for disaster assistance

7 under this head in this Act or previous appropriations Acts

8 may be used as non-Federal matching funds for the pur9 pose of hazard mitigation grants provided pursuant to sec10 tion 404 of the Robert T. Stafford Disaster Relief and

11 Emergency Assistance Act (42 U.S.C. 5170c).

12 COMPACT OF FREE ASSOCIATION

13 For economic assistance and necessary expenses for

14 the Federated States of Micronesia and the Republic of

15 the Marshall Islands as provided for in sections 122, 221,

16 223, 232, and 233 of the Compacts of Free Association,

17 and for economic assistance and necessary expenses for

18 the Republic of Palau as provided for in sections 122, 221,

19 223, 232, and 233 of the Compact of Free Association,

20 $24,938,000, to remain available until expended, as au21 thorized by Public Law 99–239 and Public Law 99–658:

22 Provided, That notwithstanding section 112 of Public Law

23 101–219 (103 Stat. 1873), the Secretary of the Interior

24 may agree to technical changes in the specifications for

25 the project described in the subsidiary agreement nego26 tiated under section 212(a) of the Compact of Free Asso-
447

S 1594 RS

1 ciation, Public Law 99–658, or its annex, if the changes

2 do not result in increased costs to the United States.

3 DEPARTMENTAL OFFICES

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 For necessary expenses for management of the De7 partment of the Interior, $56,456,000, of which not to ex8 ceed $7,500 may be for official reception and representa9 tion expenses.

10 OFFICE OF THE SOLICITOR

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Solicitor,

13 $34,337,000.

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Inspector

17 General, $23,939,000.

18 CONSTRUCTION MANAGEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Construction

21 Management, $500,000.

22 NATIONAL INDIAN GAMING COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the National Indian Gam25 ing Commission, pursuant to Public Law 100–497,
448

S 1594 RS

1 $1,000,000: Provided, That on March 1, 1996, the Chair2 man shall submit to the Secretary a report detailing those

3 Indian tribes or tribal organizations with gaming oper4 ations that are in full compliance, partial compliance, or

5 non-compliance with the provisions of the Indian Gaming

6 Regulatory Act (25 U.S.C. 2701, et seq.): Provided fur7 ther, That the information contained in the report shall

8 be updated on a continuing basis.

9 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

10 FEDERAL TRUST PROGRAMS

11 For operation of trust programs for Indians by direct

12 expenditure, contracts, cooperative agreements, compacts,

13 and grants, $16,338,000, of which $15,891,000 shall re14 main available until expended for trust funds manage15 ment: Provided, That funds made available to tribes and

16 tribal organizations through contracts or grants obligated

17 during fiscal year 1996, as authorized by the Indian Self18 Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450

19 et seq.), shall remain available until expended by the con20 tractor or grantee: Provided further, That notwithstanding

21 any other provision of law, the statute of limitations shall

22 not commence to run on any claim, including any claim

23 in litigation pending on the date of this Act, concerning

24 losses to or mismanagement of trust funds, until the af25 fected tribe or individual Indian has been furnished with
449

S 1594 RS

1 the accounting of such funds from which the beneficiary

2 can determine whether there has been a loss: Provided fur3 ther, That obligated and unobligated balances provided for

4 trust funds management within ‘‘Operation of Indian pro5 grams’’, Bureau of Indian Affairs are hereby transferred

6 to and merged with this appropriation.

7 ADMINISTRATIVE PROVISIONS

8 There is hereby authorized for acquisition from avail9 able resources within the Working Capital Fund, 15 air10 craft, 10 of which shall be for replacement and which may

11 be obtained by donation, purchase or through available ex12 cess surplus property: Provided, That notwithstanding any

13 other provision of law, existing aircraft being replaced may

14 be sold, with proceeds derived or trade-in value used to

15 offset the purchase price for the replacement aircraft: Pro16 vided further, That no programs funded with appropriated

17 funds in ‘‘Departmental Management’’, ‘‘Office of the So18 licitor’’, and ‘‘Office of Inspector General’’ may be aug19 mented through the Working Capital Fund or the Consoli20 dated Working Fund.

21 GENERAL PROVISIONS, DEPARTMENT OF THE

22 INTERIOR

23 SEC. 101. Appropriations made in this title shall be

24 available for expenditure or transfer (within each bureau

25 or office), with the approval of the Secretary, for the emer-
450

S 1594 RS

1 gency reconstruction, replacement, or repair of aircraft,

2 buildings, utilities, or other facilities or equipment dam3 aged or destroyed by fire, flood, storm, or other unavoid4 able causes: Provided, That no funds shall be made avail5 able under this authority until funds specifically made

6 available to the Department of the Interior for emer7 gencies shall have been exhausted: Provided further, That

8 all funds used pursuant to this section are hereby des9 ignated by Congress to be ‘‘emergency requirements’’ pur10 suant to section 251(b)(2)(D) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985 and must be re12 plenished by a supplemental appropriation which must be

13 requested as promptly as possible.

14 SEC. 102. The Secretary may authorize the expendi15 ture or transfer of any no year appropriation in this title,

16 in addition to the amounts included in the budget pro17 grams of the several agencies, for the suppression or emer18 gency prevention of forest or range fires on or threatening

19 lands under the jurisdiction of the Department of the Inte20 rior; for the emergency rehabilitation of burned-over lands

21 under its jurisdiction; for emergency actions related to po22 tential or actual earthquakes, floods, volcanoes, storms, or

23 other unavoidable causes; for contingency planning subse24 quent to actual oilspills; response and natural resource

25 damage assessment activities related to actual oilspills; for
451

S 1594 RS

1 the prevention, suppression, and control of actual or po2 tential grasshopper and Mormon cricket outbreaks on

3 lands under the jurisdiction of the Secretary, pursuant to

4 the authority in section 1773(b) of Public Law 99–198

5 (99 Stat. 1658); for emergency reclamation projects under

6 section 410 of Public Law 95–87; and shall transfer, from

7 any no year funds available to the Office of Surface Min8 ing Reclamation and Enforcement, such funds as may be

9 necessary to permit assumption of regulatory authority in

10 the event a primacy State is not carrying out the regu11 latory provisions of the Surface Mining Act: Provided,

12 That appropriations made in this title for fire suppression

13 purposes shall be available for the payment of obligations

14 incurred during the preceding fiscal year, and for reim15 bursement to other Federal agencies for destruction of ve16 hicles, aircraft, or other equipment in connection with

17 their use for fire suppression purposes, such reimburse18 ment to be credited to appropriations currently available

19 at the time of receipt thereof: Provided further, That for

20 emergency rehabilitation and wildfire suppression activi21 ties, no funds shall be made available under this authority

22 until funds appropriated to the ‘‘Emergency Department

23 of the Interior Firefighting Fund’’ shall have been ex24 hausted: Provided further, That all funds used pursuant

25 to this section are hereby designated by Congress to be
452

S 1594 RS

1 ‘‘emergency requirements’’ pursuant to section

2 251(b)(2)(D) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985 and must be replenished by

4 a supplemental appropriation which must be requested as

5 promptly as possible: Provided further, That such replen6 ishment funds shall be used to reimburse, on a pro rata

7 basis, accounts from which emergency funds were trans8 ferred.

9 SEC. 103. Appropriations made in this title shall be

10 available for operation of warehouses, garages, shops, and

11 similar facilities, wherever consolidation of activities will

12 contribute to efficiency or economy, and said appropria13 tions shall be reimbursed for services rendered to any

14 other activity in the same manner as authorized by sec15 tions 1535 and 1536 of title 31, United States Code: Pro16 vided, That reimbursements for costs and supplies, mate17 rials, equipment, and for services rendered may be cred18 ited to the appropriation current at the time such reim19 bursements are received.

20 SEC. 104. Appropriations made to the Department

21 of the Interior in this title shall be available for services

22 as authorized by 5 U.S.C. 3109, when authorized by the

23 Secretary, in total amount not to exceed $500,000; hire,

24 maintenance, and operation of aircraft; hire of passenger

25 motor vehicles; purchase of reprints; payment for tele-
453

S 1594 RS

1 phone service in private residences in the field, when au2 thorized under regulations approved by the Secretary; and

3 the payment of dues, when authorized by the Secretary,

4 for library membership in societies or associations which

5 issue publications to members only or at a price to mem6 bers lower than to subscribers who are not members.

7 SEC. 105. Appropriations available to the Depart8 ment of the Interior for salaries and expenses shall be

9 available for uniforms or allowances therefor, as author10 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

11 SEC. 106. Appropriations made in this title shall be

12 available for obligation in connection with contracts issued

13 for services or rentals for periods not in excess of twelve

14 months beginning at any time during the fiscal year.

15 SEC. 107. Appropriations made in this title from the

16 Land and Water Conservation Fund for acquisition of

17 lands and waters, or interests therein, shall be available

18 for transfer, with the approval of the Secretary, between

19 the following accounts: Bureau of Land Management,

20 Land acquisition, United States Fish and Wildlife Service,

21 Land acquisition, and National Park Service, Land acqui22 sition and State assistance. Use of such funds are subject

23 to the reprogramming guidelines of the House and Senate

24 Committees on Appropriations.
454

S 1594 RS

1 SEC. 108. Prior to the transfer of Presidio properties

2 to the Presidio Trust, when authorized, the Secretary may

not obligate in any calendar month more than 1 3 ⁄12 of the

4 fiscal year 1996 appropriation for operation of the Pre5 sidio: Provided, That this section shall expire on December

6 31, 1995.

7 SEC. 109. Section 6003 of Public Law 101–380 is

8 hereby repealed.

9 SEC. 110. None of the funds appropriated or other10 wise made available by this Act may be obligated or ex11 pended by the Secretary of the Interior for developing,

12 promulgating, and thereafter implementing a rule con13 cerning rights-of-way under section 2477 of the Revised

14 Statutes.

15 SEC. 111. No funds provided in this title may be ex16 pended by the Department of the Interior for the conduct

17 of offshore leasing and related activities placed under re18 striction in the President’s moratorium statement of June

19 26, 1990, in the areas of Northern, Central, and Southern

20 California; the North Atlantic; Washington and Oregon;

21 and the Eastern Gulf of Mexico south of 26 degrees north

22 latitude and east of 86 degrees west longitude.

23 SEC. 112. No funds provided in this title may be ex24 pended by the Department of the Interior for the conduct

25 of leasing, or the approval or permitting of any drilling
455

S 1594 RS

1 or other exploration activity, on lands within the North

2 Aleutian Basin planning area.

3 SEC. 113. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

5 of preleasing and leasing activities in the Eastern Gulf of

6 Mexico for Outer Continental Shelf Lease Sale 151 in the

7 Outer Continental Shelf Natural Gas and Oil Resource

8 Management Comprehensive Program, 1992–1997.

9 SEC. 114. No funds provided in this title may be ex10 pended by the Department of the Interior for the conduct

11 of preleasing and leasing activities in the Atlantic for

12 Outer Continental Shelf Lease Sale 164 in the Outer Con13 tinental Shelf Natural Gas and Oil Resource Management

14 Comprehensive Program, 1992–1997.

15 SEC. 115. (a) Of the funds appropriated by this Act

16 or any subsequent Act providing for appropriations in fis17 cal years 1996 and 1997, not more than 50 percent of

18 any self-governance funds that would otherwise be allo19 cated to each Indian tribe in the State of Washington shall

20 actually be paid to or on account of such Indian tribe from

21 and after the time at which such tribe shall—

22 (1) take unilateral action that adversely impacts

23 the existing rights to and/or customary uses of,

24 nontribal member owners of fee simple land within

25 the exterior boundary of the tribe’s reservation to
456

S 1594 RS

1 water, electricity, or any other similar utility or ne2 cessity for the nontribal members’ residential use of

3 such land; or

4 (2) restrict or threaten to restrict said owners

5 use of or access to publicly maintained rights-of-way

6 necessary or desirable in carrying the utilities or ne7 cessities described above.

8 (b) Such penalty shall not attach to the initiation of

9 any legal actions with respect to such rights or the en10 forcement of any final judgments, appeals from which

11 have been exhausted, with respect thereto.

12 SEC. 116. Within 30 days after the enactment of this

13 Act, the Department of the Interior shall issue a specific

14 schedule for the completion of the Lake Cushman Land

15 Exchange Act (Public Law 102–436) and shall complete

16 the exchange not later than September 30, 1996.

17 SEC. 117. Notwithstanding Public Law 90–544, as

18 amended, the National Park Service is authorized to ex19 pend appropriated funds for maintenance and repair of

20 the Company Creek Road in the Lake Chelan National

21 Recreation Area: Provided, That appropriated funds shall

22 not be expended for the purpose of improving the property

23 of private individuals unless specifically authorized by law.

24 SEC. 118. Section 4(b) of Public Law 94–241 (90

25 Stat. 263) as added by section 10 of Public Law 99–396
457

S 1594 RS

1 is amended by deleting ‘‘until Congress otherwise provides

2 by law.’’ and inserting in lieu thereof: ‘‘except that, for

3 fiscal years 1996 through 2002, payments to the Com4 monwealth of the Northern Mariana Islands pursuant to

5 the multi-year funding agreements contemplated under

6 the Covenant shall be $11,000,000 annually, subject to an

7 equal local match and all other requirements set forth in

8 the Agreement of the Special Representatives on Future

9 Federal Financial Assistance of the Northern Mariana Is10 lands, executed on December 17, 1992 between the special

11 representative of the President of the United States and

12 special representatives of the Governor of the Northern

13 Mariana Islands with any additional amounts otherwise

14 made available under this section in any fiscal year and

15 not required to meet the schedule of payments in this sub16 section to be provided as set forth in subsection (c) until

17 Congress otherwise provides by law.

18 ‘‘(c) The additional amounts referred to in subsection

19 (b) shall be made available to the Secretary for obligation

20 as follows:

21 ‘‘(1) for fiscal years 1996 through 2001,

22 $4,580,000 annually for capital infrastructure

23 projects as Impact Aid for Guam under section

24 104(c)(6) of Public Law 99–239;
458

S 1594 RS

1 ‘‘(2) for fiscal year 1996, $7,700,000 shall be

2 provided for capital infrastructure projects in Amer3 ican Samoa; $4,420,000 for resettlement of

4 Rongelap Atoll; and

5 ‘‘(3) for fiscal years 1997 and thereafter, all

6 such amounts shall be available solely for capital in7 frastructure projects in Guam, the Virgin Islands,

8 American Samoa, the Commonwealth of the North9 ern Mariana Islands, the Republic of Palau, the

10 Federated States of Micronesia and the Republic of

11 the Marshall Islands: Provided, That, in fiscal year

12 1997, $3,000,000 of such amounts shall be made

13 available to the College of the Northern Marianas

14 and beginning in fiscal year 1997, and in each year

15 thereafter, not to exceed $3,000,000 may be allo16 cated, as provided in appropriations Acts, to the

17 Secretary of the Interior for use by Federal agencies

18 or the Commonwealth of the Northern Mariana Is19 lands to address immigration, labor, and law en20 forcement issues in the Northern Mariana Islands.

21 The specific projects to be funded in American

22 Samoa shall be set forth in a five-year plan for in23 frastructure assistance developed by the Secretary of

24 the Interior in consultation with the American

25 Samoa Government and updated annually and sub-
459

S 1594 RS

1 mitted to the Congress concurrent with the budget

2 justifications for the Department of the Interior. In

3 developing budget recommendations for capital in4 frastructure funding, the Secretary shall indicate the

5 highest priority projects, consider the extent to

6 which particular projects are part of an overall mas7 ter plan, whether such project has been reviewed by

8 the Corps of Engineers and any recommendations

9 made as a result of such review, the extent to which

10 a set-aside for maintenance would enhance the life

11 of the project, the degree to which a local cost-share

12 requirement would be consistent with local economic

13 and fiscal capabilities, and may propose an incre14 mental set-aside, not to exceed $2,000,000 per year,

15 to remain available without fiscal year limitation, as

16 an emergency fund in the event of natural or other

17 disasters to supplement other assistance in the re18 pair, replacement, or hardening of essential facilities:

19 Provided further, That the cumulative amount set

20 aside for such emergency fund may not exceed

21 $10,000,000 at any time.

22 ‘‘(d) Within the amounts allocated for infrastructure

23 pursuant to this section, and subject to the specific alloca24 tions made in subsection (c), additional contributions may

25 be made, as set forth in appropriations Acts, to assist in
460

S 1594 RS

1 the resettlement of Rongelap Atoll: Provided, That the

2 total of all contributions from any Federal source after

3 enactment of this Act may not exceed $32,000,000 and

4 shall be contingent upon an agreement, satisfactory to the

5 President, that such contributions are a full and final set6 tlement of all obligations of the United States to assist

7 in the resettlement of Rongelop Atoll and that such funds

8 will be expended solely on resettlement activities and will

9 be properly audited and accounted for. In order to provide

10 such contributions in a timely manner, each Federal agen11 cy providing assistance or services, or conducting activi12 ties, in the Republic of the Marshall Islands, is authorized

13 to make funds available through the Secretary of the Inte14 rior, to assist in the resettlement of Rongelap. Nothing

15 in this subsection shall be construed to limit the provision

16 of ex gratia assistance pursuant to section 105(c)(2) of

17 the Compact of Free Association Act of 1985 (Public Law

18 99–239, 99 Stat. 1770, 1792) including for individuals

19 choosing not to resettle at Rongelap, except that no such

20 assistance for such individuals may be provided until the

21 Secretary notifies the Congress that the full amount of

22 all funds necessary for resettlement at Rongelap has been

23 provided.’’.
461

S 1594 RS

1 TITLE II—RELATED AGENCIES

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 FOREST RESEARCH

5 For necessary expenses of forest research as author6 ized by law, $177,757,000, to remain available until Sep7 tember 30, 1997.

8 STATE AND PRIVATE FORESTRY

9 For necessary expenses of cooperating with, and pro10 viding technical and financial assistance to States, Terri11 tories, possessions, and others and for forest pest manage12 ment activities, cooperative forestry and education and

13 land conservation activities, $136,695,000, to remain

14 available until expended, as authorized by law.

15 NATIONAL FOREST SYSTEM

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, for management, protection, im18 provement, and utilization of the National Forest System,

19 for ecosystem planning, inventory, and monitoring, and for

20 administrative expenses associated with the management

21 of funds provided under the heads ‘‘Forest Research’’,

22 ‘‘State and Private Forestry’’, ‘‘National Forest System’’,

23 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup24 pression’’, and ‘‘Land Acquisition’’, $1,255,005,000, to

25 remain available for obligation until September 30, 1997,
462

S 1594 RS

1 and including 65 per centum of all monies received during

2 the prior fiscal year as fees collected under the Land and

3 Water Conservation Fund Act of 1965, as amended, in

4 accordance with section 4 of the Act (16 U.S.C. 460l–

5 6a(i)): Provided, That unobligated and unexpended bal6 ances in the National Forest System account at the end

7 of fiscal year 1995, shall be merged with and made a part

8 of the fiscal year 1996 National Forest System appropria9 tion, and shall remain available for obligation until Sep10 tember 30, 1997: Provided further, That up to $5,000,000

11 of the funds provided herein for road maintenance shall

12 be available for the planned obliteration of roads which

13 are no longer needed.

14 WILDLAND FIRE MANAGEMENT

15 For necessary expenses for forest fire presuppression

16 activities on National Forest System lands, for emergency

17 fire suppression on or adjacent to National Forest System

18 lands or other lands under fire protection agreement, and

19 for emergency rehabilitation of burned over National For20 est System lands, $385,485,000, to remain available until

21 expended: Provided, That unexpended balances of

22 amounts previously appropriated under any other head23 ings for Forest Service fire activities may be transferred

24 to and merged with this appropriation: Provided further,

25 That such funds are available for repayment of advances
463

S 1594 RS

1 from other appropriations accounts previously transferred

2 for such purposes.

3 CONSTRUCTION

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, $163,384,000, to remain available

6 until expended, for construction and acquisition of build7 ings and other facilities, and for construction and repair

8 of forest roads and trails by the Forest Service as author9 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

10 Provided, That funds becoming available in fiscal year

11 1996 under the Act of March 4, 1913 (16 U.S.C. 501)

12 shall be transferred to the General Fund of the Treasury

13 of the United States: Provided further, That not to exceed

14 $50,000,000, to remain available until expended, may be

15 obligated for the construction of forest roads by timber

16 purchasers: Provided further, That $2,500,000 of the

17 funds appropriated herein shall be available for a grant

18 to the ‘‘Non-Profit Citizens for the Columbia Gorge Dis19 covery Center’’ for the construction of the Columbia Gorge

20 Discovery Center: Provided further, That the Forest Serv21 ice is authorized to grant the unobligated balance of funds

22 appropriated in fiscal year 1995 for the construction of

23 the Columbia Gorge Discovery Center and related trail

24 construction funds to the ‘‘Non-Profit Citizens for the Co25 lumbia Gorge Discovery Center’’ to be used for the same
464

S 1594 RS

1 purpose: Provided further, That the Forest Service is au2 thorized to convey the land needed for the construction

3 of the Columbia Gorge Discovery Center without cost to

4 the ‘‘Non-Profit Citizens for the Columbia Gorge Discov5 ery Center’’: Provided further, That notwithstanding any

6 other provision of law, funds originally appropriated under

7 this head in Public Law 101–512 for the Forest Service

8 share of a new research facility at the University of Mis9 souri, Columbia, shall be available for a grant to the Uni10 versity of Missouri, as the Federal share in the construc11 tion of the new facility: Provided further, That agreed

12 upon lease of space in the new facility shall be provided

13 to the Forest Service without charge for the life of the

14 building.

15 LAND ACQUISITION

16 For expenses necessary to carry out the provisions

17 of the Land and Water Conservation Fund Act of 1965,

18 as amended (16 U.S.C. 460l–4–11), including administra19 tive expenses, and for acquisition of land or waters, or in20 terest therein, in accordance with statutory authority ap21 plicable to the Forest Service, $41,200,000, to be derived

22 from the Land and Water Conservation Fund, to remain

23 available until expended.
465

S 1594 RS

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests,

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National

7 Forests, California, as authorized by law, $1,069,000, to

8 be derived from forest receipts.

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, to be derived from funds de11 posited by State, county, or municipal governments, public

12 school districts, or other public school authorities pursuant

13 to the Act of December 4, 1967, as amended (16 U.S.C.

14 484a), to remain available until expended.

15 RANGE BETTERMENT FUND

16 For necessary expenses of range rehabilitation, pro17 tection, and improvement, 50 per centum of all moneys

18 received during the prior fiscal year, as fees for grazing

19 domestic livestock on lands in National Forests in the six20 teen Western States, pursuant to section 401(b)(1) of

21 Public Law 94–579, as amended, to remain available until

22 expended, of which not to exceed 6 per centum shall be

23 available for administrative expenses associated with on24 the-ground range rehabilitation, protection, and improve25 ments.
466

S 1594 RS

1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

3 For expenses authorized by 16 U.S.C. 1643(b),

4 $92,000, to remain available until expended, to be derived

5 from the fund established pursuant to the above Act.

6 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

7 Appropriations to the Forest Service for the current

8 fiscal year shall be available for: (a) purchase of not to

9 exceed 183 passenger motor vehicles of which 32 will be

10 used primarily for law enforcement purposes and of which

11 151 shall be for replacement; acquisition of 22 passenger

12 motor vehicles from excess sources, and hire of such vehi13 cles; operation and maintenance of aircraft, the purchase

14 of not to exceed two for replacement only, and acquisition

15 of 20 aircraft from excess sources; notwithstanding other

16 provisions of law, existing aircraft being replaced may be

17 sold, with proceeds derived or trade-in value used to offset

18 the purchase price for the replacement aircraft; (b) serv19 ices pursuant to the second sentence of section 706(a) of

20 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex21 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

22 purchase, erection, and alteration of buildings and other

23 public improvements (7 U.S.C. 2250); (d) acquisition of

24 land, waters, and interests therein, pursuant to the Act

25 of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur-
467

S 1594 RS

1 suant to the Volunteers in the National Forest Act of

2 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

3 collection contracts in accordance with 31 U.S.C. 3718(c).

4 None of the funds made available under this Act shall

5 be obligated or expended to change the boundaries of any

6 region, to abolish any region, to move or close any regional

7 office for research, State and private forestry, or National

8 Forest System administration of the Forest Service, De9 partment of Agriculture, or to implement any reorganiza10 tion, ‘‘reinvention’’ or other type of organizational restruc11 turing of the Forest Service, other than the relocation of

12 the Regional Office for Region 5 of the Forest Service

13 from San Francisco to excess military property at Mare

14 Island, Vallejo, California, without the consent of the

15 House and Senate Committees on Appropriations and the

16 Committee on Agriculture, Nutrition, and Forestry and

17 the Committee on Energy and Natural Resources in the

18 United States Senate and the Committee on Agriculture

19 and the Committee on Resources in the United States

20 House of Representatives.

21 Any appropriations or funds available to the Forest

22 Service may be advanced to the Fire and Emergency Sup23 pression appropriation and may be used for forest fire24 fighting and the emergency rehabilitation of burned-over

25 lands under its jurisdiction: Provided, That no funds shall
468

S 1594 RS

1 be made available under this authority until funds appro2 priated to the ‘‘Emergency Forest Service Firefighting

3 Fund’’ shall have been exhausted.

4 Any funds available to the Forest Service may be

5 used for retrofitting Mare Island facilities to accommodate

6 the relocation: Provided, That funds for the move must

7 come from funds otherwise available to Region 5: Provided

8 further, That any funds to be provided for such purposes

9 shall only be available upon approval of the House and

10 Senate Committees on Appropriations.

11 Funds appropriated to the Forest Service shall be

12 available for assistance to or through the Agency for Inter13 national Development and the Foreign Agricultural Serv14 ice in connection with forest and rangeland research, tech15 nical information, and assistance in foreign countries, and

16 shall be available to support forestry and related natural

17 resource activities outside the United States and its terri18 tories and possessions, including technical assistance, edu19 cation and training, and cooperation with United States

20 and international organizations.

21 None of the funds made available to the Forest Serv22 ice under this Act shall be subject to transfer under the

23 provisions of section 702(b) of the Department of Agri24 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

25 147b unless the proposed transfer is approved in advance
469

S 1594 RS

1 by the House and Senate Committees on Appropriations

2 in compliance with the reprogramming procedures con3 tained in House Report 103–551.

4 No funds appropriated to the Forest Service shall be

5 transferred to the Working Capital Fund of the Depart6 ment of Agriculture without the approval of the Chief of

7 the Forest Service.

8 Notwithstanding any other provision of law, any ap9 propriations or funds available to the Forest Service may

10 be used to disseminate program information to private and

11 public individuals and organizations through the use of

12 nonmonetary items of nominal value and to provide

13 nonmonetary awards of nominal value and to incur nec14 essary expenses for the nonmonetary recognition of private

15 individuals and organizations that make contributions to

16 Forest Service programs.

17 Notwithstanding any other provision of law, money

18 collected, in advance or otherwise, by the Forest Service

19 under authority of section 101 of Public Law 93–153 (30

20 U.S.C. 185(1)) as reimbursement of administrative and

21 other costs incurred in processing pipeline right-of-way or

22 permit applications and for costs incurred in monitoring

23 the construction, operation, maintenance, and termination

24 of any pipeline and related facilities, may be used to reim-
470

S 1594 RS

1 burse the applicable appropriation to which such costs

2 were originally charged.

3 Funds available to the Forest Service shall be avail4 able to conduct a program of not less than $1,000,000

5 for high priority projects within the scope of the approved

6 budget which shall be carried out by the Youth Conserva7 tion Corps as authorized by the Act of August 13, 1970,

8 as amended by Public Law 93–408.

9 None of the funds available in this Act shall be used

10 for timber sale preparation using clearcutting in hardwood

11 stands in excess of 25 percent of the fiscal year 1989 har12 vested volume in the Wayne National Forest, Ohio: Pro13 vided, That this limitation shall not apply to hardwood

14 stands damaged by natural disaster: Provided further,

15 That landscape architects shall be used to maintain a vis16 ually pleasing forest.

17 Any money collected from the States for fire suppres18 sion assistance rendered by the Forest Service on non19 Federal lands not in the vicinity of National Forest Sys20 tem lands shall be used to reimburse the applicable appro21 priation and shall remain available until expended as the

22 Secretary may direct in conducting activities authorized

23 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
471

S 1594 RS

1 Of the funds available to the Forest Service, $1,500

2 is available to the Chief of the Forest Service for official

3 reception and representation expenses.

4 Notwithstanding any other provision of law, the For5 est Service is authorized to employ or otherwise contract

6 with persons at regular rates of pay, as determined by the

7 Service, to perform work occasioned by emergencies such

8 as fires, storms, floods, earthquakes or any other unavoid9 able cause without regard to Sundays, Federal holidays,

10 and the regular workweek.

11 To the greatest extent possible, and in accordance

12 with the Final Amendment to the Shawnee National For13 est Plan, none of the funds available in this Act shall be

14 used for preparation of timber sales using clearcutting or

15 other forms of even aged management in hardwood stands

16 in the Shawnee National Forest, Illinois.

17 Funds appropriated to the Forest Service shall be

18 available for interactions with and providing technical as19 sistance to rural communities for sustainable rural devel20 opment purposes.

21 Notwithstanding any other provision of law, eighty

22 percent of the funds appropriated to the Forest Service

23 in the National Forest System and Construction accounts

24 and planned to be allocated to activities under the ‘‘Jobs

25 in the Woods’’ program for projects on National Forest
472

S 1594 RS

1 land in the State of Washington may be granted directly

2 to the Washington State Department of Fish and Wildlife

3 for accomplishment of planned projects. Twenty percent

4 of said funds shall be retained by the Forest Service for

5 planning and administering projects. Project selection and

6 prioritization shall be accomplished by the Forest Service

7 with such consultation with the State of Washington as

8 the Forest Service deems appropriate.

9 For one year after enactment of this Act, the Sec10 retary shall continue the current Tongass Land Manage11 ment Plan (TLMP) and may accommodate commercial

12 tourism (if an agreement is signed between the Forest

13 Service and the Alaska Visitors’ Association) except that

14 during this period, the Secretary shall maintain at least

15 the number of acres of suitable available and suitable

16 scheduled timber lands, and Allowable Sale Quantity as

17 identified in the Preferred Alternative (Alternative P) in

18 the Tongass Land and Resources Management Plan and

19 Final Environmental Impact Statement (dated October

20 1992) as selected in the Record of Decision Review Draft

21 #3–2/93. Nothing in this paragraph shall be interpreted

22 to mandate clear-cutting or require the sale of timber and

23 nothing in this paragraph, including the ASQ identified

24 in Alternative P, shall be construed to limit the Secretary’s

25 consideration of new information or to prejudice future re-
473

S 1594 RS

1 vision, amendment or modification of TLMP based upon

2 sound, verifiable scientific data.

3 If the Forest Service determines in a Supplemental

4 Evaluation to an Environmental Impact Statement that

5 no additional analysis under the National Environmental

6 Policy Act or section 810 of the Alaska National Interest

7 Lands Conservation Act is necessary for any timber sale

8 or offering which has been prepared for acceptance by, or

9 award to, a purchaser after December 31, 1988, that has

10 been subsequently determined by the Forest Service to be

11 available for sale or offering to one or more other pur12 chaser, the change of purchasers for whatever reason shall

13 not be considered a significant new circumstance, and the

14 Forest Service may offer or award such timber sale or of15 fering to a different purchaser or offeree, notwithstanding

16 any other provision of law. A determination by the Forest

17 Service pursuant to this paragraph shall not be subject

18 to judicial review.

19 None of the funds appropriated under this Act for

20 the Forest Service shall be made available for the purpose

21 of applying paint to rocks, or rock colorization: Provided,

22 That notwithstanding any other provision of law, the For23 est Service shall not require of any individual or entity,

24 as part of any permitting process under its authority, or

25 as a requirement of compliance with the National Environ-
474

S 1594 RS

1 mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

2 painting or colorization of rocks.

3 DEPARTMENT OF ENERGY

4 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

5 For necessary expenses in carrying out fossil energy

6 research and development activities, under the authority

7 of the Department of Energy Organization Act (Public

8 Law 95–91), including the acquisition of interest, includ9 ing defeasible and equitable interests in any real property

10 or any facility or for plant or facility acquisition or expan11 sion, and for promoting health and safety in mines and

12 the mineral industry through research (30 U.S.C. 3,

13 861(b), and 951(a)), for conducting inquiries, techno14 logical investigations and research concerning the extrac15 tion, processing, use, and disposal of mineral substances

16 without objectionable social and environmental costs (30

17 U.S.C. 3, 1602, and 1603), and for the development of

18 methods for the disposal, control, prevention, and reclama19 tion of waste products in the mining, minerals, metal, and

20 mineral reclamation industries (30 U.S.C. 3 and 21a),

21 $416,943,000, to remain available until expended: Pro22 vided, That no part of the sum herein made available shall

23 be used for the field testing of nuclear explosives in the

24 recovery of oil and gas.
475

S 1594 RS

1 ALTERNATIVE FUELS PRODUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 Monies received as investment income on the prin4 cipal amount in the Great Plains Project Trust at the

5 Norwest Bank of North Dakota, in such sums as are

6 earned as of October 1, 1995, shall be deposited in this

7 account and immediately transferred to the General Fund

8 of the Treasury. Monies received as revenue sharing from

9 the operation of the Great Plains Gasification Plant shall

10 be immediately transferred to the General Fund of the

11 Treasury.

12 NAVAL PETROLEUM AND OIL SHALE RESERVES

13 For necessary expenses in carrying out naval petro14 leum and oil shale reserve activities, $148,786,000, to re15 main available until expended: Provided, That the require16 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

17 year 1996: Provided further, That section 501 of Public

18 Law 101–45 is hereby repealed.

19 ENERGY CONSERVATION

20 For necessary expenses in carrying out energy con21 servation activities, $553,137,000, to remain available

22 until expended, including, notwithstanding any other pro23 vision of law, the excess amount for fiscal year 1996 deter24 mined under the provisions of section 3003(d) of Public

25 Law 99–509 (15 U.S.C. 4502), and of which $16,000,000
476

S 1594 RS

1 shall be derived from available unobligated balances in the

2 Biomass Energy Development account: Provided, That

3 $140,696,000 shall be for use in energy conservation pro4 grams as defined in section 3008(3) of Public Law 99–

5 509 (15 U.S.C. 4507) and shall not be available until ex6 cess amounts are determined under the provisions of sec7 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

8 Provided further, That notwithstanding section 3003(d)(2)

9 of Public Law 99–509 such sums shall be allocated to the

10 eligible programs as follows: $114,196,000 for the weath11 erization assistance program and $26,500,000 for the

12 State energy conservation program.

13 ECONOMIC REGULATION

14 For necessary expenses in carrying out the activities

15 of the Economic Regulatory Administration and the Office

16 of Hearings and Appeals, $6,297,000, to remain available

17 until expended.

18 STRATEGIC PETROLEUM RESERVE

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for Strategic Petroleum Re21 serve facility development and operations and program

22 management activities pursuant to the Energy Policy and

23 Conservation Act of 1975, as amended (42 U.S.C. 6201

24 et seq.), $287,000,000, to remain available until expended,

25 of which $187,000,000 shall be derived by transfer of un-
477

S 1594 RS

1 obligated balances from the ‘‘SPR petroleum account’’ and

2 $100,000,000 shall be derived by transfer from the ‘‘SPR

3 Decommissioning Fund’’: Provided, That notwithstanding

4 section 161 of the Energy Policy and Conservation Act,

5 the Secretary shall draw down and sell up to seven million

6 barrels of oil from the Strategic Petroleum Reserve: Pro7 vided further, That the proceeds from the sale shall be de8 posited into a special account in the Treasury, to be estab9 lished and known as the ‘‘SPR Decommissioning Fund’’,

10 and shall be available for the purpose of removal of oil

11 from and decommissioning of the Weeks Island site and

12 for other purposes related to the operations of the Strate13 gic Petroleum Reserve.

14 SPR PETROLEUM ACCOUNT

15 Notwithstanding 42 U.S.C. 6240(d) the United

16 States share of crude oil in Naval Petroleum Reserve

17 Numbered 1 (Elk Hills) may be sold or otherwise disposed

18 of to other than the Strategic Petroleum Reserve: Pro19 vided, That outlays in fiscal year 1996 resulting from the

20 use of funds in this account shall not exceed $5,000,000.

21 ENERGY INFORMATION ADMINISTRATION

22 For necessary expenses in carrying out the activities

23 of the Energy Information Administration, $72,266,000,

24 to remain available until expended: Provided, That not25 withstanding section 4(d) of the Service Contract Act of
478

S 1594 RS

1 1965 (41 U.S.C. 353(d)) or any other provision of law,

2 funds appropriated under this heading hereafter may be

3 used to enter into a contract for end use consumption sur4 veys for a term not to exceed eight years: Provided further,

5 That notwithstanding any other provision of law, hereafter

6 the Manufacturing Energy Consumption Survey shall be

7 conducted on a triennial basis.

8 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

9 Appropriations under this Act for the current fiscal

10 year shall be available for hire of passenger motor vehicles;

11 hire, maintenance, and operation of aircraft; purchase, re12 pair, and cleaning of uniforms; and reimbursement to the

13 General Services Administration for security guard serv14 ices.

15 From appropriations under this Act, transfers of

16 sums may be made to other agencies of the Government

17 for the performance of work for which the appropriation

18 is made.

19 None of the funds made available to the Department

20 of Energy under this Act shall be used to implement or

21 finance authorized price support or loan guarantee pro22 grams unless specific provision is made for such programs

23 in an appropriations Act.

24 The Secretary is authorized to accept lands, build25 ings, equipment, and other contributions from public and
479

S 1594 RS

1 private sources and to prosecute projects in cooperation

2 with other agencies, Federal, State, private, or foreign:

3 Provided, That revenues and other moneys received by or

4 for the account of the Department of Energy or otherwise

5 generated by sale of products in connection with projects

6 of the Department appropriated under this Act may be

7 retained by the Secretary of Energy, to be available until

8 expended, and used only for plant construction, operation,

9 costs, and payments to cost-sharing entities as provided

10 in appropriate cost-sharing contracts or agreements: Pro11 vided further, That the remainder of revenues after the

12 making of such payments shall be covered into the Treas13 ury as miscellaneous receipts: Provided further, That any

14 contract, agreement, or provision thereof entered into by

15 the Secretary pursuant to this authority shall not be exe16 cuted prior to the expiration of 30 calendar days (not in17 cluding any day in which either House of Congress is not

18 in session because of adjournment of more than three cal19 endar days to a day certain) from the receipt by the

20 Speaker of the House of Representatives and the Presi21 dent of the Senate of a full comprehensive report on such

22 project, including the facts and circumstances relied upon

23 in support of the proposed project.

24 No funds provided in this Act may be expended by

25 the Department of Energy to prepare, issue, or process
480

S 1594 RS

1 procurement documents for programs or projects for

2 which appropriations have not been made.

3 DEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

7 For expenses necessary to carry out the Act of Au8 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina9 tion Act, the Indian Health Care Improvement Act, and

10 titles II and III of the Public Health Service Act with re11 spect to the Indian Health Service, $1,747,842,000, to12 gether with payments received during the fiscal year pur13 suant to 42 U.S.C. 300aaa–2 for services furnished by the

14 Indian Health Service: Provided, That funds made avail15 able to tribes and tribal organizations through contracts,

16 grant agreements, or any other agreements or compacts

17 authorized by the Indian Self-Determination and Edu18 cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.

19 450), shall be deemed to be obligated at the time of the

20 grant or contract award and thereafter shall remain avail21 able to the tribe or tribal organization without fiscal year

22 limitation: Provided further, That $12,000,000 shall re23 main available until expended, for the Indian Catastrophic

24 Health Emergency Fund: Provided further, That

25 $350,564,000 for contract medical care shall remain avail-
481

S 1594 RS

1 able for obligation until September 30, 1997: Provided fur2 ther, That of the funds provided, not less than

3 $11,306,000 shall be used to carry out the loan repayment

4 program under section 108 of the Indian Health Care Im5 provement Act, as amended: Provided further, That funds

6 provided in this Act may be used for one-year contracts

7 and grants which are to be performed in two fiscal years,

8 so long as the total obligation is recorded in the year for

9 which the funds are appropriated: Provided further, That

10 the amounts collected by the Secretary of Health and

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall be available for

13 two fiscal years after the fiscal year in which they were

14 collected, for the purpose of achieving compliance with the

15 applicable conditions and requirements of titles XVIII and

16 XIX of the Social Security Act (exclusive of planning, de17 sign, or construction of new facilities): Provided further,

18 That of the funds provided, $7,500,000 shall remain avail19 able until expended, for the Indian Self-Determination

20 Fund, which shall be available for the transitional costs

21 of initial or expanded tribal contracts, grants or coopera22 tive agreements with the Indian Health Service under the

23 provisions of the Indian Self-Determination Act: Provided

24 further, That funding contained herein, and in any earlier

25 appropriations Acts for scholarship programs under the
482

S 1594 RS

1 Indian Health Care Improvement Act (25 U.S.C. 1613)

2 shall remain available for obligation until September 30,

3 1997: Provided further, That amounts received by tribes

4 and tribal organizations under title IV of the Indian

5 Health Care Improvement Act, as amended, shall be re6 ported and accounted for and available to the receiving

7 tribes and tribal organizations until expended.

8 INDIAN HEALTH FACILITIES

9 For construction, repair, maintenance, improvement,

10 and equipment of health and related auxiliary facilities,

11 including quarters for personnel; preparation of plans,

12 specifications, and drawings; acquisition of sites, purchase

13 and erection of modular buildings, and purchases of trail14 ers; and for provision of domestic and community sanita15 tion facilities for Indians, as authorized by section 7 of

16 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

17 Self-Determination Act and the Indian Health Care Im18 provement Act, and for expenses necessary to carry out

19 the Act of August 5, 1954 (68 Stat. 674), the Indian Self20 Determination Act, the Indian Health Care Improvement

21 Act, and titles II and III of the Public Health Service Act

22 with respect to environmental health and facilities support

23 activities of the Indian Health Service, $238,958,000, to

24 remain available until expended: Provided, That notwith25 standing any other provision of law, funds appropriated
483

S 1594 RS

1 for the planning, design, construction or renovation of

2 health facilities for the benefit of an Indian tribe or tribes

3 may be used to purchase land for sites to construct, im4 prove, or enlarge health or related facilities.

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C.

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions

10 under 5 U.S.C. 5376; hire of passenger motor vehicles and

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular

13 buildings and renovation of existing facilities; payments

14 for telephone service in private residences in the field,

15 when authorized under regulations approved by the Sec16 retary; and for uniforms or allowances therefor as author17 ized by law (5 U.S.C. 5901–5902); and for expenses of

18 attendance at meetings which are concerned with the func19 tions or activities for which the appropriation is made or

20 which will contribute to improved conduct, supervision, or

21 management of those functions or activities: Provided,

22 That in accordance with the provisions of the Indian

23 Health Care Improvement Act, non-Indian patients may

24 be extended health care at all tribally administered or In25 dian Health Service facilities, subject to charges, and the
484

S 1594 RS

1 proceeds along with funds recovered under the Federal

2 Medical Care Recovery Act (42 U.S.C. 2651–53) shall be

3 credited to the account of the facility providing the service

4 and shall be available without fiscal year limitation: Pro5 vided further, That notwithstanding any other law or regu6 lation, funds transferred from the Department of Housing

7 and Urban Development to the Indian Health Service

8 shall be administered under Public Law 86–121 (the In9 dian Sanitation Facilities Act) and Public Law 93–638,

10 as amended: Provided further, That funds appropriated to

11 the Indian Health Service in this Act, except those used

12 for administrative and program direction purposes, shall

13 not be subject to limitations directed at curtailing Federal

14 travel and transportation: Provided further, That the In15 dian Health Service shall neither bill nor charge those In16 dians who may have the economic means to pay unless

17 and until such time as Congress has agreed upon a specific

18 policy to do so and has directed the Indian Health Service

19 to implement such a policy: Provided further, That, not20 withstanding any other provision of law, funds previously

21 or herein made available to a tribe or tribal organization

22 through a contract, grant or agreement authorized by title

23 I of the Indian Self-Determination and Education Assist24 ance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), may

25 be deobligated and reobligated to a self-governance fund-
485

S 1594 RS

1 ing agreement under title III of the Indian Self-Deter2 mination and Education Assistance Act of 1975 and

3 thereafter shall remain available to the tribe or tribal orga4 nization without fiscal year limitation: Provided further,

5 That none of the funds made available to the Indian

6 Health Service in this Act shall be used to implement the

7 final rule published in the Federal Register on September

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to eligibility for the health care services of

10 the Indian Health Service until the Indian Health Service

11 has submitted a budget request reflecting the increased

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law: Provided further, That funds made avail15 able in this Act are to be apportioned to the Indian Health

16 Service as appropriated in this Act, and accounted for in

17 the appropriation structure set forth in this Act: Provided

18 further, That the appropriation structure for the Indian

19 Health Service may not be altered without advance ap20 proval of the House and Senate Committees on Appropria21 tions.
486

S 1594 RS

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A, subpart 1 of the

6 Elementary and Secondary Education Act of 1965, as

7 amended, and section 215 of the Department of Education

8 Organization Act, $52,500,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $20,345,000, to remain available until expended:

15 Provided, That funds provided in this or any other appro16 priations Act are to be used to relocate eligible individuals

17 and groups including evictees from District 6, Hopi-parti18 tioned lands residents, those in significantly substandard

19 housing, and all others certified as eligible and not in20 cluded in the preceding categories: Provided further, That

21 none of the funds contained in this or any other Act may

22 be used by the Office of Navajo and Hopi Indian Reloca23 tion to evict any single Navajo or Navajo family who, as

24 of November 30, 1985, was physically domiciled on the

25 lands partitioned to the Hopi Tribe unless a new or re-
487

S 1594 RS

1 placement home is provided for such household: Provided

2 further, That no relocatee will be provided with more than

3 one new or replacement home: Provided further, That the

4 Office shall relocate any certified eligible relocatees who

5 have selected and received an approved homesite on the

6 Navajo reservation or selected a replacement residence off

7 the Navajo reservation or on the land acquired pursuant

8 to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498 (20 U.S.C. 4401

15 et seq.), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

20 of art, science, and history; development, preservation, and

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
488

S 1594 RS

1 (for terms not to exceed thirty years), and protection of

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $308,188,000, of which not to exceed $30,472,000 for the

7 instrumentation program, collections acquisition, Museum

8 Support Center equipment and move, exhibition

9 reinstallation, the National Museum of the American In10 dian, the repatriation of skeletal remains program, re11 search equipment, information management, and Latino

12 programming shall remain available until expended and,

13 including such funds as may be necessary to support

14 American overseas research centers and a total of

15 $125,000 for the Council of American Overseas Research

16 Centers: Provided, That funds appropriated herein are

17 available for advance payments to independent contractors

18 performing research services or participating in official

19 Smithsonian presentations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,

25 $3,250,000, to remain available until expended.
489

S 1594 RS

1 REPAIR AND RESTORATION OF BUILDINGS

2 For necessary expenses of repair and restoration of

3 buildings owned or occupied by the Smithsonian Institu4 tion, by contract or otherwise, as authorized by section

5 2 of the Act of August 22, 1949 (63 Stat. 623), including

6 not to exceed $10,000 for services as authorized by 5

7 U.S.C. 3109, $33,954,000, to remain available until ex8 pended: Provided, That contracts awarded for environ9 mental systems, protection systems, and exterior repair or

10 restoration of buildings of the Smithsonian Institution

11 may be negotiated with selected contractors and awarded

12 on the basis of contractor qualifications as well as price.

13 CONSTRUCTION

14 For necessary expenses for construction,

15 $27,700,000, to remain available until expended.

16 NATIONAL GALLERY OF ART

17 SALARIES AND EXPENSES

18 For the upkeep and operations of the National Gal19 lery of Art, the protection and care of the works of art

20 therein, and administrative expenses incident thereto, as

21 authorized by the Act of March 24, 1937 (50 Stat. 51),

22 as amended by the public resolution of April 13, 1939

23 (Public Resolution 9, Seventy-sixth Congress), including

24 services as authorized by 5 U.S.C. 3109; payment in ad25 vance when authorized by the treasurer of the Gallery for
490

S 1594 RS

1 membership in library, museum, and art associations or

2 societies whose publications or services are available to

3 members only, or to members at a price lower than to the

4 general public; purchase, repair, and cleaning of uniforms

5 for guards, and uniforms, or allowances therefor, for other

6 employees as authorized by law (5 U.S.C. 5901–5902);

7 purchase or rental of devices and services for protecting

8 buildings and contents thereof, and maintenance, alter9 ation, improvement, and repair of buildings, approaches,

10 and grounds; and purchase of services for restoration and

11 repair of works of art for the National Gallery of Art by

12 contracts made, without advertising, with individuals,

13 firms, or organizations at such rates or prices and under

14 such terms and conditions as the Gallery may deem prop15 er, $51,844,000, of which not to exceed $3,026,000 for

16 the special exhibition program shall remain available until

17 expended.

18 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

19 For necessary expenses of repair, restoration and

20 renovation of buildings, grounds and facilities owned or

21 occupied by the National Gallery of Art, by contract or

22 otherwise, as authorized, $6,442,000, to remain available

23 until expended: Provided, That contracts awarded for envi24 ronmental systems, protection systems, and exterior repair

25 or renovation of buildings of the National Gallery of Art
491

S 1594 RS

1 may be negotiated with selected contractors and awarded

2 on the basis of contractor qualifications as well as price.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, mainte7 nance and security of the John F. Kennedy Center for

8 the Performing Arts, $10,323,000: Provided, That 40

9 U.S.C. 193n is hereby amended by striking the word

10 ‘‘and’’ after the word ‘‘Institution’’ and inserting in lieu

11 thereof a comma, and by inserting ‘‘and the Trustees of

12 the John F. Kennedy Center for the Performing Arts,’’

13 after the word ‘‘Art,’’.

14 CONSTRUCTION

15 For necessary expenses of capital repair and rehabili16 tation of the existing features of the building and site of

17 the John F. Kennedy Center for the Performing Arts,

18 $8,983,000, to remain available until expended.

19 WOODROW WILSON INTERNATIONAL CENTER FOR

20 SCHOLARS

21 SALARIES AND EXPENSES

22 For expenses necessary in carrying out the provisions

23 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

24 1356) including hire of passenger vehicles and services as

25 authorized by 5 U.S.C. 3109, $5,840,000.
492

S 1594 RS

1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $82,259,000, shall be available to the Na8 tional Endowment for the Arts for the support of projects

9 and productions in the arts through assistance to groups

10 and individuals pursuant to section 5(c) of the Act, and

11 for administering the functions of the Act, to remain avail12 able until September 30, 1997.

13 MATCHING GRANTS

14 To carry out the provisions of section 10(a)(2) of the

15 National Foundation on the Arts and the Humanities Act

16 of 1965, as amended, $17,235,000, to remain available

17 until September 30, 1997, to the National Endowment for

18 the Arts, of which $7,500,000 shall be available for pur19 poses of section 5(p)(1): Provided, That this appropriation

20 shall be available for obligation only in such amounts as

21 may be equal to the total amounts of gifts, bequests, and

22 devises of money, and other property accepted by the

23 Chairman or by grantees of the Endowment under the

24 provisions of section 10(a)(2), subsections 11(a)(2)(A)

25 and 11(a)(3)(A) during the current and preceding fiscal
493

S 1594 RS

1 years for which equal amounts have not previously been

2 appropriated.

3 NATIONAL ENDOWMENT FOR THE HUMANITIES

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $94,000,000, shall be available to the Na8 tional Endowment for the Humanities for support of ac9 tivities in the humanities, pursuant to section 7(c) of the

10 Act, and for administering the functions of the Act, to

11 remain available until September 30, 1997.

12 MATCHING GRANTS

13 To carry out the provisions of section 10(a)(2) of the

14 National Foundation on the Arts and the Humanities Act

15 of 1965, as amended, $16,000,000, to remain available

16 until September 30, 1997, of which $10,000,000 shall be

17 available to the National Endowment for the Humanities

18 for the purposes of section 7(h): Provided, That this ap19 propriation shall be available for obligation only in such

20 amounts as may be equal to the total amounts of gifts,

21 bequests, and devises of money, and other property accept22 ed by the Chairman or by grantees of the Endowment

23 under the provisions of subsections 11(a)(2)(B) and

24 11(a)(3)(B) during the current and preceding fiscal years

25 for which equal amounts have not previously been appro26 priated.
494

S 1594 RS

1 INSTITUTE OF MUSEUM SERVICES

2 GRANTS AND ADMINISTRATION

3 For carrying out title II of the Arts, Humanities, and

4 Cultural Affairs Act of 1976, as amended, $21,000,000,

5 to remain available until September 30, 1997.

6 ADMINISTRATIVE PROVISIONS

7 None of the funds appropriated to the National

8 Foundation on the Arts and the Humanities may be used

9 to process any grant or contract documents which do not

10 include the text of 18 U.S.C. 1913: Provided, That none

11 of the funds appropriated to the National Foundation on

12 the Arts and the Humanities may be used for official re13 ception and representation expenses.

14 COMMISSION OF FINE ARTS

15 SALARIES AND EXPENSES

16 For expenses made necessary by the Act establishing

17 a Commission of Fine Arts (40 U.S.C. 104), $834,000.

18 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

19 For necessary expenses as authorized by Public Law

20 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

21 $6,000,000.

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For expenses necessary for the Advisory Council on

25 Historic Preservation, $2,500,000.
495

S 1594 RS

1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the Na4 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

5 including services as authorized by 5 U.S.C. 3109,

6 $5,090,000: Provided, That all appointed members will be

7 compensated at a rate not to exceed the rate for Executive

8 Schedule Level IV.

9 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Franklin Delano Roo12 sevelt Memorial Commission, established by the Act of Au13 gust 11, 1955 (69 Stat. 694), as amended by Public Law

14 92–332 (86 Stat. 401), $147,000, to remain available

15 until September 30, 1997.

16 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

17 PUBLIC DEVELOPMENT

18 Funds made available under this heading in prior

19 years shall be available for operating and administrative

20 expenses and for the orderly closure of the Corporation,

21 as well as operating and administrative expenses for the

22 functions transferred to the General Services Administra23 tion.

24 (RESCISSION)

25 Of the available balances under this heading,

26 $2,172,000 are rescinded.
496

S 1594 RS

1 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

2 HOLOCAUST MEMORIAL COUNCIL

3 For expenses of the Holocaust Memorial Council, as

4 authorized by Public Law 96–388, as amended,

5 $28,707,000; of which $1,575,000 for the Museum’s re6 pair and rehabilitation program and $1,264,000 for the

7 Museum’s exhibition program shall remain available until

8 expended.

9 TITLE III—GENERAL PROVISIONS

10 SEC. 301. The expenditure of any appropriation

11 under this Act for any consulting service through procure12 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

13 to those contracts where such expenditures are a matter

14 of public record and available for public inspection, except

15 where otherwise provided under existing law, or under ex16 isting Executive order issued pursuant to existing law.

17 SEC. 302. No part of any appropriation under this

18 Act shall be available to the Secretary of the Interior or

19 the Secretary of Agriculture for the leasing of oil and nat20 ural gas by noncompetitive bidding on publicly owned

21 lands within the boundaries of the Shawnee National For22 est, Illinois: Provided, That nothing herein is intended to

23 inhibit or otherwise affect the sale, lease, or right to access

24 to minerals owned by private individuals.
497

S 1594 RS

1 SEC. 303. No part of any appropriation contained in

2 this Act shall be available for any activity or the publica3 tion or distribution of literature that in any way tends to

4 promote public support or opposition to any legislative

5 proposal on which congressional action is not complete.

6 SEC. 304. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

9 SEC. 305. None of the funds provided in this Act to

10 any department or agency shall be obligated or expended

11 to provide a personal cook, chauffeur, or other personal

12 servants to any officer or employee of such department

13 or agency except as otherwise provided by law.

14 SEC. 306. No assessments may be levied against any

15 program, budget activity, subactivity, or project funded by

16 this Act unless notice of such assessments and the basis

17 therefor are presented to the Committees on Appropria18 tions and are approved by such Committees.

19 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

20 ACT.—None of the funds made available in this Act may

21 be expended by an entity unless the entity agrees that in

22 expending the funds the entity will comply with sections

23 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

24 10c; popularly known as the ‘‘Buy American Act’’).
498

S 1594 RS

1 (b) SENSE OF CONGRESS; REQUIREMENT REGARD2 ING NOTICE.—

3 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or

5 product that may be authorized to be purchased

6 with financial assistance provided using funds made

7 available in this Act, it is the sense of the Congress

8 that entities receiving the assistance should, in ex9 pending the assistance, purchase only American10 made equipment and products.

11 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

12 In providing financial assistance using funds made

13 available in this Act, the head of each Federal agen14 cy shall provide to each recipient of the assistance

15 a notice describing the statement made in paragraph

16 (1) by the Congress.

17 (c) PROHIBITION OF CONTRACTS WITH PERSONS

18 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

19 If it has been finally determined by a court or Federal

20 agency that any person intentionally affixed a label bear21 ing a ‘‘Made in America’’ inscription, or any inscription

22 with the same meaning, to any product sold in or shipped

23 to the United States that is not made in the United

24 States, the person shall be ineligible to receive any con25 tract or subcontract made with funds made available in
499

S 1594 RS

1 this Act, pursuant to the debarment, suspension, and ineli2 gibility procedures described in sections 9.400 through

3 9.409 of title 48, Code of Federal Regulations.

4 SEC. 308. None of the funds in this Act may be used

5 to plan, prepare, or offer for sale timber from trees classi6 fied as giant sequoia (sequoiadendron giganteum) which

7 are located on National Forest System or Bureau of Land

8 Management lands in a manner different than such sales

9 were conducted in fiscal year 1995.

10 SEC. 309. None of the funds made available by this

11 Act may be obligated or expended by the National Park

12 Service to enter into or implement a concession contract

13 which permits or requires the removal of the underground

14 lunchroom at the Carlsbad Caverns National Park.

15 SEC. 310. Where the actual costs of construction

16 projects under self-determination contracts, compacts, or

17 grants, pursuant to Public Laws 93–638, 103–413, or

18 100–297, are less than the estimated costs thereof, use

19 of the resulting excess funds shall be determined by the

20 appropriate Secretary after consultation with the tribes.

21 SEC. 311. Notwithstanding Public Law 103–413,

22 quarterly payments of funds to tribes and tribal organiza23 tions under annual funding agreements pursuant to sec24 tion 108 of Public Law 93–638, as amended, may be made
500

S 1594 RS

1 on the first business day following the first day of a fiscal

2 quarter.

3 SEC. 312. None of funds appropriated or otherwise

4 made available by this Act may be used for the

5 AmeriCorps program, unless the relevant agencies of the

6 Department of the Interior and/or Agriculture follow ap7 propriate reprogramming guidelines: Provided, That if no

8 funds are provided for the AmeriCorps program by the

9 VA–HUD and Independent Agencies fiscal year 1996 ap10 propriations bill, then none of the funds appropriated or

11 otherwise made available by this Act may be used for the

12 AmeriCorps programs.

13 SEC. 313. (a) On or before April 1, 1996, the Penn14 sylvania Avenue Development Corporation shall—

15 (1) transfer and assign in accordance with this

16 section all of its rights, title, and interest in and to

17 all of the leases, covenants, agreements, and ease18 ments it has executed or will execute by March 31,

19 1996, in carrying out its powers and duties under

20 the Pennsylvania Avenue Development Corporation

21 Act (40 U.S.C. 871–885) and the Federal Triangle

22 Development Act (40 U.S.C. 1101–1109) to the

23 General Services Administration, National Capital

24 Planning Commission, or the National Park Service;

25 and
501

S 1594 RS

1 (2) except as provided by subsection (d), trans2 fer all rights, title, and interest in and to all prop3 erty, both real and personal, held in the name of the

4 Pennsylvania Avenue Development Corporation to

5 the General Services Administration.

6 (b) The responsibilities of the Pennsylvania Avenue

7 Development Corporation transferred to the General Serv8 ices Administration under subsection (a) include, but are

9 not limited to, the following:

10 (1) Collection of revenue owed the Federal Gov11 ernment as a result of real estate sales or lease

12 agreements entered into by the Pennsylvania Avenue

13 Development Corporation and private parties, in14 cluding, at a minimum, with respect to the following

15 projects:

16 (A) The Willard Hotel property on Square

17 225.

18 (B) The Gallery Row project on Square

19 457.

20 (C) The Lansburgh’s project on Square

21 431.

22 (D) The Market Square North project on

23 Square 407.

24 (2) Collection of sale or lease revenue owed the

25 Federal Government (if any) in the event two unde-
502

S 1594 RS

1 veloped sites owned by the Pennsylvania Avenue De2 velopment Corporation on Squares 457 and 406 are

3 sold or leased prior to April 1, 1996.

4 (3) Application of collected revenue to repay

5 United States Treasury debt incurred by the Penn6 sylvania Avenue Development Corporation in the

7 course of acquiring real estate.

8 (4) Performing financial audits for projects in

9 which the Pennsylvania Avenue Development Cor10 poration has actual or potential revenue expectation,

11 as identified in paragraphs (1) and (2), in accord12 ance with procedures described in applicable sale or

13 lease agreements.

14 (5) Disposition of real estate properties which

15 are or become available for sale and lease or other

16 uses.

17 (6) Payment of benefits in accordance with the

18 Uniform Relocation Assistance and Real Property

19 Acquisitions Policies Act of 1970 to which persons

20 in the project area squares are entitled as a result

21 of the Pennsylvania Avenue Development Corpora22 tion’s acquisition of real estate.

23 (7) Carrying out the responsibilities of the

24 Pennsylvania Avenue Development Corporation

25 under the Federal Triangle Development Act (40
503

S 1594 RS

1 U.S.C. 1101–1109), including responsibilities for

2 managing assets and liabilities of the Corporation

3 under such Act.

4 (c) In carrying out the responsibilities of the Penn5 sylvania Avenue Development Corporation transferred

6 under this section, the Administrator of the General Serv7 ices Administration shall have the following powers:

8 (1) To acquire lands, improvements, and prop9 erties by purchase, lease or exchange, and to sell,

10 lease, or otherwise dispose of real or personal prop11 erty as necessary to complete the development plan

12 developed under section 5 of the Pennsylvania Ave13 nue Development Corporation Act of 1972 (40

14 U.S.C. 874) if a notice of intention to carry out such

15 acquisition or disposal is first transmitted to the

16 Committee on Transportation and Infrastructure

17 and the Committee on Appropriations of the House

18 of Representatives and the Committee on Environ19 ment and Public Works and the Committee on Ap20 propriations of the Senate and at least 60 days

21 elapse after the date of such transmission.

22 (2) To modify from time to time the plan re23 ferred to in paragraph (1) if such modification is

24 first transmitted to the Committee on Transpor25 tation and Infrastructure and the Committee on Ap-
504

S 1594 RS

1 propriations of the House of Representatives and the

2 Committee on Environment and Public Works and

3 the Committee on Appropriations of the Senate and

4 at least 60 days elapse after the date of such trans5 mission.

6 (3) To maintain any existing Pennsylvania Ave7 nue Development Corporation insurance programs.

8 (4) To enter into and perform such leases, con9 tracts, or other transactions with any agency or in10 strumentality of the United States, the several

11 States, or the District of Columbia or with any per12 son, firm, association, or corporation as may be nec13 essary to carry out the responsibilities of the Penn14 sylvania Avenue Development Corporation under the

15 Federal Triangle Development Act (40 U.S.C.

16 1101–1109).

17 (5) To request the Council of the District of

18 Columbia to close any alleys necessary for the com19 pletion of development in Square 457.

20 (6) To use all of the funds transferred from the

21 Pennsylvania Avenue Development Corporation or

22 income earned on Pennsylvania Avenue Development

23 Corporation property to complete any pending devel24 opment projects.
505

S 1594 RS

1 (d)(1)(A) On or before April 1, 1996, the Pennsylva2 nia Avenue Development Corporation shall transfer all its

3 right, title, and interest in and to the property described

4 in subparagraph (B) to the National Park Service, De5 partment of the Interior.

6 (B) The property referred to in subparagraph (A) is

7 the property located within the Pennsylvania Avenue Na8 tional Historic Site depicted on a map entitled ‘‘Penn9 sylvania Avenue National Historic Park’’, dated June 1,

10 1995, and numbered 840–82441, which shall be on file

11 and available for public inspection in the offices of the Na12 tional Park Service, Department of the Interior. The

13 Pennsylvania Avenue National Historic Site includes the

14 parks, plazas, sidewalks, special lighting, trees, sculpture,

15 and memorials.

16 (2) Jurisdiction of Pennsylvania Avenue and all other

17 roadways from curb to curb shall remain with the District

18 of Columbia but vendors shall not be permitted to occupy

19 street space except during temporary special events.

20 (3) The National Park Service shall be responsible

21 for management, administration, maintenance, law en22 forcement, visitor services, resource protection, interpreta23 tion, and historic preservation at the Pennsylvania Avenue

24 National Historic Site.
506

S 1594 RS

1 (4) The National Park Service may enter into con2 tracts, cooperative agreements, or other transactions with

3 any agency or instrumentality of the United States, the

4 several States, or the District of Columbia or with any

5 person, firm, association, or corporation as may be deemed

6 necessary or appropriate for the conduct of special events,

7 festivals, concerts, or other art and cultural programs at

8 the Pennsylvania Avenue National Historic Site or may

9 establish a nonprofit foundation to solicit funds for such

10 activities.

11 (e) Notwithstanding any other provision of law, the

12 responsibility for ensuring that development or redevelop13 ment in the Pennsylvania Avenue area is carried out in

14 accordance with the Pennsylvania Avenue Development

15 Corporation Plan—1974, as amended, is transferred to

16 the National Capital Planning Commission or its succes17 sor commencing April 1, 1996.

18 (f) SAVINGS PROVISIONS.—

19 (1) REGULATIONS.—Any regulations prescribed

20 by the Corporation in connection with the Penn21 sylvania Avenue Development Corporation Act of

22 1972 (40 U.S.C. 871–885) and the Federal Triangle

23 Development Act (40 U.S.C. 1101–1109) shall con24 tinue in effect until suspended by regulations pre-
507

S 1594 RS

1 scribed by the Administrator of the General Services

2 Administration.

3 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA4 TIONS NOT AFFECTED.—Subsection (a) shall not be

5 construed as affecting the validity of any right, duty,

6 or obligation of the United States or any other per7 son arising under or pursuant to any contract, loan,

8 or other instrument or agreement which was in ef9 fect on the day before the date of the transfers

10 under subsection (a).

11 (3) CONTINUATION OF SUITS.—No action or

12 other proceeding commenced by or against the Cor13 poration in connection with administration of the

14 Pennsylvania Avenue Development Corporation Act

15 of 1972 (40 U.S.C. 871–885) and the Federal Tri16 angle Development Act (40 U.S.C. 1101–1109) shall

17 abate by reason of enactment and implementation of

18 this Act, except that the General Services Adminis19 tration shall be substituted for the Corporation as a

20 party to any such action or proceeding.

21 (g) Section 3(b) of the Pennsylvania Avenue Develop22 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

23 amended as follows:

24 ‘‘(b) The Corporation shall be dissolved on or before

25 April 1, 1996. Upon dissolution, assets, obligations, in-
508

S 1594 RS

1 debtedness, and all unobligated and unexpended balances

2 of the Corporation shall be transferred in accordance with

3 the Department of the Interior and Related Agencies Ap4 propriations Act, 1996.’’.

5 SEC. 314. (a) Except as provided in subsection (b),

6 no part of any appropriation contained in this Act or any

7 other Act shall be obligated or expended for the operation

8 or implementation of the Interior Columbia Basin Eco9 system Management Project (hereinafter ‘‘Project’’).

10 (b) From the funds appropriated to the Forest Serv11 ice and Bureau of Land Management: a sum of

12 $4,000,000 is made available for the Executive Steering

13 Committee of the Project to publish, and submit to the

14 Congress, by May 31, 1996, an assessment of the National

15 Forest System lands and lands administered by the Bu16 reau of Land Management within the area encompassed

17 by the Project. The assessment shall be accompanied by

18 two draft Environmental Impact Statements that: are not

19 decisional and not subject to judicial review; contain a

20 range of alternatives, without the identification of a pre21 ferred alternative or management recommendation; and

22 provide a methodology for conducting any cumulative ef23 fects analysis required by section 102(2) of the National

24 Environmental Policy Act (42 U.S.C. 433(2)) in the prep25 aration of amendments to resource management plans
509

S 1594 RS

1 pursuant to subsection (c). The assessment shall incor2 porate all existing relevant scientific information includ3 ing, but not limited to, information on landscape dynam4 ics, forest and rangeland health conditions, fisheries, and

5 watersheds and the implications of each as they relate to

6 federal forest and rangeland health. The assessment and

7 draft Environmental Impact Statements shall not be: the

8 subject of consultation or conferencing pursuant to section

9 7 of the Endangered Species Act of 1973 (16 U.S.C.

10 1536); accompanied by any record of decision or other Na11 tional Environmental Policy Act documentation; or applied

12 or used to regulate non-federal lands. The Executive

13 Steering Committee shall release the draft Environmental

14 Impact Statements for a ninety day public comment pe15 riod and include a summary of the public comments re16 ceived in the submission to Congress.

17 (c)(1) From the funds appropriated to the Forest

18 Service and the Bureau of Land Management, based on

19 the documents prepared pursuant to subsection (b) and

20 any other guidance or policy issued prior to the date of

21 enactment of this section, and in consultation with the af22 fected Governor, and county commissioners, each Forest

23 Supervisor and District Manager with responsibility for a

24 national forest or a unit of land administered by the Bu25 reau of Land Management (hereinafter ‘‘forest’’) within
510

S 1594 RS

1 the area encompassed by the Project shall review the re2 source management plan (hereinafter ‘‘plan’’) for such

3 forest and develop, by an amendment to such plan, a

4 modification of or alternative to any policy which is appli5 cable to such plan upon the date of enactment of this sec6 tion (whether or not such policy has been added to such

7 plan by amendment), including any policy which is, or is

8 intended to be, of limited duration, and which the Project

9 addresses, to meet the specific conditions of such forest.

10 Each amendment shall: contain the modified or alternative

11 policy developed pursuant to this paragraph, be directed

12 solely to and affect only such plan; address the specific

13 conditions of the forest to which the plan applies and the

14 relationship of the modified or alternative policy to such

15 conditions; and, to the maximum extent practicable, estab16 lish site-specific standards in lieu of imposing general

17 standards applicable to multiple sites.

18 (2)(A) Each amendment prepared pursuant to para19 graph (1) shall comply with any applicable requirements

20 of section 102(2) of the National Environmental Policy

21 Act, except that any cumulative effects analysis conducted

22 in accordance with the methodology provided pursuant to

23 subsection (b) shall be deemed to meet any requirement

24 of such Act for such analysis.
511

S 1594 RS

1 (B) Any policy adopted in an amendment prepared

2 pursuant to paragraph (1) which is a modification of or

3 alternative to a policy referred to in paragraph (1) upon

4 which consultation or conferencing has occurred pursuant

5 to section 7 of the Endangered Species Act of 1973 shall

6 not again be subject to the consultation or conferencing

7 provisions of such section 7. Any other consultation or

8 conferencing required by such section 7 shall be conducted

9 separately on each amendment prepared pursuant to para10 graph (1): Provided, That, except as provided in this sub11 paragraph, no other consultation shall be undertaken on

12 such amendments, on any project or activity which is con13 sistent with an applicable amendment, on any policy re14 ferred to in paragraph (1), or on any portion of any plan

15 related to such policy or the species to which such policy

16 applies.

17 (3) Each amendment prepared pursuant to para18 graph (1) shall be adopted on or before March 31, 1997,

19 and no policy referred to in paragraph (1), or any provi20 sion of a plan or other planning document incorporating

21 such policy, shall be effective in any forest subject to the

22 Project on or after such date, or after an amendment to

23 the plan which applies to such forest is adopted pursuant

24 to this subsection, whichever occurs first.
512

S 1594 RS

1 (4) On the signing of a record of decision or equiva2 lent document making an amendment for the Clearwater

3 National Forest pursuant to paragraph (1), the require4 ment for revision referred to in this Stipulation of Dismis5 sal dated September 13, 1993, applicable to such Forest

6 is deemed to be satisfied, and the interim management

7 direction provisions contained in the Stipulation of Dis8 missal shall be of no further effect with respect to such

9 Forest.

10 SEC. 315. RECREATIONAL FEE DEMONSTRATION

11 PROGRAM.—(a) The Secretary of the Interior (acting

12 through the Bureau of Land Management, the National

13 Park Service and the United States Fish and Wildlife

14 Service) and the Secretary of Agriculture (acting through

15 the Forest Service) shall each implement a fee program

16 to demonstrate the feasibility of user-generated cost recov17 ery for the operation and maintenance of recreation areas

18 or sites and habitat enhancement projects on Federal

19 lands.

20 (b) In carrying out the pilot program established pur21 suant to this section, the appropriate Secretary shall select

22 from areas under the jurisdiction of each of the four agen23 cies referred to in subsection (a) no fewer than 10, but

24 as many as 50, areas, sites or projects for fee demonstra-
513

S 1594 RS

1 tion. For each such demonstration, the Secretary, notwith2 standing any other provision of law—

3 (1) shall charge and collect fees for admission

4 to the area or for the use of outdoor recreation sites,

5 facilities, visitor centers, equipment, and services by

6 individuals and groups, or any combination thereof;

7 (2) shall establish fees under this section based

8 upon a variety of cost recovery and fair market valu9 ation methods to provide a broad basis for feasibility

10 testing;

11 (3) may contract, including provisions for rea12 sonable commissions, with any public or private en13 tity to provide visitor services, including reservations

14 and information, and may accept services of volun15 teers to collect fees charged pursuant to paragraph

16 (1);

17 (4) may encourage private investment and part18 nerships to enhance the delivery of quality customer

19 services and resource enhancement, and provide ap20 propriate recognition to such partners or investors;

21 and

22 (5) may assess a fine of not more than $100

23 for any violation of the authority to collect fees for

24 admission to the area or for the use of outdoor
514

S 1594 RS

1 recreation sites, facilities, visitor centers, equipment,

2 and services.

3 (c)(1) Amounts collected at each fee demonstration

4 area, site or project shall be distributed as follows:

5 (A) Of the amount in excess of 104% of the

6 amount collected in fiscal year 1995, and thereafter

7 annually adjusted upward by 4%, eighty percent to

8 a special account in the Treasury for use without

9 further appropriation, by the agency which admin10 isters the site, to remain available for expenditures

11 in accordance with paragraph (2)(A).

12 (B) Of the amount in excess of 104% of the

13 amount collected in fiscal year 1995, and thereafter

14 annually adjusted upward by 4%, twenty percent to

15 a special account in the Treasury for use without

16 further appropriation, by the agency which admin17 isters the site, to remain available for expenditure in

18 accordance with paragraph (2)(B).

19 (C) For agencies other than the Fish and Wild20 life Service, up to 15% of current year collections of

21 each agency, but not greater than fee collection costs

22 for that fiscal year, to remain available for expendi23 ture without further appropriation in accordance

24 with paragraph (2)(C).
515

S 1594 RS

1 (D) For agencies other than the Fish and Wild2 life Service, the balance to the special account estab3 lished pursuant to subparagraph (A) of section

4 4(i)(1) of the Land and Water Conservation Fund

5 Act, as amended.

6 (E) For the Fish and Wildlife Service, the bal7 ance shall be distributed in accordance with section

8 201(c) of the Emergency Wetlands Resources Act.

9 (2)(A) Expenditures from site specific special funds

10 shall be for further activities of the area, site or project

11 from which funds are collected, and shall be accounted for

12 separately.

13 (B) Expenditures from agency specific special funds

14 shall be for use on an agency-wide basis and shall be ac15 counted for separately.

16 (C) Expenditures from the fee collection support fund

17 shall be used to cover fee collection costs in accordance

18 with section 4(i)(1)(B) of the Land and Water Conserva19 tion Fund Act, as amended: Provided, That funds unex20 pended and unobligated at the end of the fiscal year shall

21 not be deposited into the special account established pur22 suant to section 4(i)(1)(A) of said Act and shall remain

23 available for expenditure without further appropriation.

24 (3) In order to increase the quality of the visitor expe25 rience at public recreational areas and enhance the protec-
516

S 1594 RS

1 tion of resources, amounts available for expenditure under

2 this section may only be used for the area, site or project

3 concerned, for backlogged repair and maintenance projects

4 (including projects relating to health and safety) and for

5 interpretation, signage, habitat or facility enhancement,

6 resource preservation, annual operation (including fee col7 lection), maintenance, and law enforcement relating to

8 public use. The agencywide accounts may be used for the

9 same purposes set forth in the preceding sentence, but for

10 areas, sites or projects selected at the discretion of the

11 respective agency head.

12 (d)(1) Amounts collected under this section shall not

13 be taken into account for the purposes of the Act of May

14 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

15 the Act of March 4, 1913 (16 U.S.C. 501), the Act of

16 July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937

17 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.),

18 the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69

19 of title 31, United States Code, section 401 of the Act

20 of June 15, 1935 (16 U.S.C. 715s), the Land and Water

21 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

22 other provision of law relating to revenue allocation.

23 (2) Fees charged pursuant to this section shall be in

24 lieu of fees charged under any other provision of law.
517

S 1594 RS

1 (e) The Secretary of the Interior and the Secretary

2 of Agriculture shall carry out this section without promul3 gating regulations.

4 (f) The authority to collect fees under this section

5 shall commence on October 1, 1995, and end on Septem6 ber 30, 1998. Funds in accounts established shall remain

7 available through September 30, 2001.

8 SEC. 316. Section 2001(a)(2) of Public Law 104–19

9 is amended as follows: Strike ‘‘September 30, 1997’’ and

10 insert in lieu thereof ‘‘December 31, 1996’’.

11 SEC. 317. None of the funds made available in this

12 Act may be used for any program, project, or activity

13 when it is made known to the Federal entity or official

14 to which the funds are made available that the program,

15 project, or activity is not in compliance with any applicable

16 Federal law relating to risk assessment, the protection of

17 private property rights, or unfunded mandates.

18 SEC. 318. None of the funds provided in this Act may

19 be made available for the Mississippi River Corridor Herit20 age Commission.

21 SEC. 319. GREAT BASIN NATIONAL PARK.—Section

22 3 of the Great Basin National Park Act of 1986 (16

23 U.S.C. 410mm–1) is amended—

24 (1) in the first sentence of subsection (e) by

25 striking ‘‘shall’’ and inserting ‘‘may’’; and
518

S 1594 RS

1 (2) in subsection (f)—

2 (A) by striking ‘‘At the request’’ and in3 serting the following:

4 ‘‘(1) EXCHANGES.—At the request’’;

5 (B) by striking ‘‘grazing permits’’ and in6 serting ‘‘grazing permits and grazing leases’’;

7 and

8 (C) by adding after ‘‘Federal lands.’’ the

9 following:

10 ‘‘(2) ACQUISITION BY DONATION.—

11 (A) IN GENERAL.—The Secretary may ac12 quire by donation valid existing permits and

13 grazing leases authorizing grazing on land in

14 the park.

15 (B) TERMINATION.—The Secretary shall

16 terminate a grazing permit or grazing lease ac17 quired under subparagraph (A) so as to end

18 grazing previously authorized by the permit or

19 lease.’’.

20 SEC. 320. None of the funds made available in this

21 Act shall be used by the Department of Energy in imple22 menting the Codes and Standards Program to propose,

23 issue, or prescribe any new or amended standard: Pro24 vided, That this section shall expire on September 30,

25 1996: Provided further, That nothing in this section shall
519

S 1594 RS

1 preclude the Federal Government from promulgating rules

2 concerning energy efficiency standards for the construc3 tion of new federally-owned commercial and residential

4 buildings.

5 SEC. 321. None of the funds made available in this

6 Act may be used (1) to demolish the bridge between Jersey

7 City, New Jersey, and Ellis Island; or (2) to prevent pe8 destrian use of such bridge, when it is made known to

9 the Federal official having authority to obligate or expend

10 such funds that such pedestrian use is consistent with gen11 erally accepted safety standards.

12 SEC. 322. (a) None of the funds appropriated or oth13 erwise made available pursuant to this Act shall be obli14 gated or expended to accept or process applications for

15 a patent for any mining or mill site claim located under

16 the general mining laws.

17 (b) The provisions of subsection (a) shall not apply

18 if the Secretary of the Interior determines that, for the

19 claim concerned: (1) a patent application was filed with

20 the Secretary on or before September 30, 1994, and (2)

21 all requirements established under sections 2325 and 2326

22 of the Revised Statutes (30 U.S.C. 29 and 30) for vein

23 or lode claims and sections 2329, 2330, 2331, and 2333

24 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for

25 placer claims, and section 2337 of the Revised Statutes
520

S 1594 RS

1 (30 U.S.C. 42) for mill site claims, as the case may be,

2 were fully complied with by the applicant by that date.

3 (c) PROCESSING SCHEDULE.—For those applications

4 for patents pursuant to subsection (b) which were filed

5 with the Secretary of the Interior, prior to September 30,

6 1994, the Secretary of the Interior shall—

7 (1) Within three months of the enactment of

8 this Act, file with the House and Senate Committees

9 on Appropriations and the Committee on Resources

10 of the House of Representatives and the Committee

11 on Energy and Natural Resources of the United

12 States Senate a plan which details how the Depart13 ment of the Interior will make a final determination

14 as to whether or not an applicant is entitled to a

15 patent under the general mining laws on at least 90

16 percent of such applications within five years of the

17 enactment of this Act and file reports annually

18 thereafter with the same committees detailing ac19 tions taken by the Department of the Interior to

20 carry out such plan; and

21 (2) Take such actions as may be necessary to

22 carry out such plan.

23 (d) MINERAL EXAMINATIONS.—In order to process

24 patent applications in a timely and responsible manner,

25 upon the request of a patent applicant, the Secretary of
521

S 1594 RS

1 the Interior shall allow the applicant to fund a qualified

2 third-party contractor to be selected by the Bureau of

3 Land Managment to conduct a mineral examination of the

4 mining claims or mill sites contained in a patent applica5 tion as set forth in subsection (b). The Bureau of Land

6 Management shall have the sole responsibility to choose

7 and pay the third-party contractor in accordance with the

8 standard procedures employed by the Bureau of Land

9 Management in the retention of third-party contractors.

10 SEC. 323. None of the funds appropriated or other11 wise made available by this Act may be used for the pur12 poses of acquiring lands in the counties of Lawrence, Mon13 roe, or Washington, Ohio, for the Wayne National Forest.

14 SEC. 324. No part of any appropriation contained in

15 this Act or any other Act shall be expended or obligated

16 to fund the activities of the Office of Forestry and Eco17 nomic Development after December 31, 1995.

18 SEC. 325. Amend section 2001(k) of Public Law

19 104–19 by striking ‘‘in fiscal years 1995 and 1996’’ in

20 paragraph (1) and adding paragraph (4) to read:

21 ‘‘(4) TIMING AND CONDITIONS OF ALTERNATIVE VOL22 UME.—For any sale subject to paragraph (2) of this sub23 section, the Secretary concerned shall, and for any other

24 sale subject to this subsection, the Secretary concerned

25 may, within 45 days of the date of enactment of this para-
522

S 1594 RS

1 graph, reach agreement with the purchaser to identify and

2 provide, by a date agreed to by the purchaser, a volume,

3 value and kind of timber satisfactory to the purchaser to

4 substitute for all or a portion of the timber subject to the

5 sale, which shall be subject to the original terms of the

6 contract except as otherwise agreed, and shall be subject

7 to paragraph (1). After the agreed date for providing al8 ternative timber the purchaser may operate the original

9 sale under the terms of paragraph (1) until the Secretary

10 concerned designates and the purchaser accepts alter11 native timber under this paragraph. Any sale subject to

12 this subsection shall be awarded, released, and completed

13 pursuant to paragraph (1) for a period equal to the length

14 of the original contract, and shall not count against cur15 rent allowable sale quantities or timber sales to be offered

16 under subsections (b) and (d).’’

17 ‘‘(5) BUY-OUT AUTHORIZATION.—The Secretary con18 cerned is authorized to permit a requesting purchaser of

19 any sale subject to this subsection to return to the Govern20 ment all or a specific volume of timber under the sale con21 tract, and shall pay to such purchaser upon tender of such

22 volume a buy-out payment for such volume from any funds

23 available to the Secretary concerned except from accounts

24 governing or related to forest land management, fire fight25 ing, timber sale preparation, harvest administration, road
523

S 1594 RS

1 construction and maintenance, timber sale program sup2 port; any accounts associated with preparing or admin3 istering the sale of timber from any public lands under

4 the jurisdiction of the Secretary concerned, range or min5 erals management; or any permanent appropriation or

6 trust funds. Such volume and such payment shall be mu7 tually agreed to by the Secretary and the purchaser. The

8 authority provided by this paragraph to reach such agree9 ment shall expire 45 days after the enactment of this para10 graph.’’

11 SEC. 326. (a) LAND EXCHANGE.—The Secretary of

12 the Interior (hereinafter referred to as the ‘‘Secretary’’)

13 is authorized to convey to the Boise Cascade Corporation

14 (hereinafter referred to as the ‘‘Corporation’’), a corpora15 tion formed under the statutes of the State of Delaware,

16 with its principal place of business at Boise, Idaho, title

17 to approximately seven acres of land, more or less, located

18 in sections 14 and 23, township 36 north, range 37 east,

19 Willamette Meridian, Stevens County, Washington, fur20 ther identified in the records of the Bureau of Reclama21 tion, Department of the Interior, as Tract No. GC–19860,

22 and to accept from the Corporation in exchange therefor,

23 title to approximately one hundred and thirty-six acres of

24 land located in section 19, township 37 north, range 38

25 east and section 33, township 38 north, range 37 east,
524

S 1594 RS

1 Willamette Meridian, Stevens County, Washington, and

2 further identified in the records of the Bureau of Reclama3 tion, Department of the Interior, as Tract No. GC–19858

4 and Tract No. GC–19859, respectively.

5 (b) APPRAISAL.—The properties so exchanged either

6 shall be approximately equal in fair market value or if they

7 are not approximately equal, shall be equalized by the pay8 ment of cash to the Corporation or to the Secretary as

9 required or in the event the value of the Corporation’s

10 lands is greater, the acreage may be reduced so that the

11 fair market value is approximately equal: Provided, That

12 the Secretary shall order appraisals made of the fair mar13 ket value of each tract of land included in the exchange

14 without consideration for improvements thereon: Provided

15 further, That any cash payment received by the Secretary

16 shall be covered in the Reclamation Fund and credited to

17 the Columbia Basin project.

18 (c) ADMINISTRATIVE COSTS.—Costs of conducting

19 the necessary land surveys, preparing the legal descrip20 tions of the lands to be conveyed, performing the apprais21 als, and administrative costs incurred in completing the

22 exchange shall be borne by the Corporation.

23 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)

24 The Secretary shall not acquire any lands under this Act

25 if the Secretary determines that such lands, or any portion
525

S 1594 RS

1 thereof, have become contaminated with hazardous sub2 stances (as defined in the Comprehensive Environmental

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

4 9601)).

5 (2) Notwithstanding any other provision of law, the

6 United States shall have no responsibility or liability with

7 respect to any hazardous wastes or other substances

8 placed on any of the lands covered by this Act after their

9 transfer to the ownership of any party, but nothing in this

10 Act shall be construed as either diminishing or increasing

11 any responsibility or liability of the United States based

12 on the condition of such lands on the date of their transfer

13 to the ownership of another party. The Corporation shall

14 indemnify the United States for liabilities arising under

15 the Comprehensive Environmental Response, Compensa16 tion, and Liability Act (42 U.S.C. 9601), and the Re17 source Conservation Recovery Act (42 U.S.C. 6901 et

18 seq.).

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary to carry out the purposes of this Act.

22 SEC. 327. TIMBER SALES PIPELINE RESTORATION

23 FUNDS.—(a) The Secretary of Agriculture and the Sec24 retary of the Interior shall each establish a Timber Sales

25 Pipeline Restoration Fund (hereinafter ‘‘Agriculture
526

S 1594 RS

1 Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues

2 received from sales released under section 2001(k) of the

3 fiscal year 1995 Supplemental Appropriations for Disaster

4 Assistance and Rescissions Act, minus the funds necessary

5 to make payments to States or local governments under

6 other law concerning the distribution of revenues derived

7 from the affected lands, which are in excess of

8 $37,500,000 (hereinafter ‘‘excess revenues’’) shall be de9 posited into the Funds. The distribution of excess reve10 nues between the Agriculture Fund and Interior Fund

11 shall be calculated by multiplying the total of excess reve12 nues times a fraction with a denominator of the total reve13 nues received from all sales released under such section

14 2001(k) and numerators of the total revenues received

15 from such sales on lands within the National Forest Sys16 tem and the total revenues received from such sales on

17 lands administered by the Bureau of Land Management,

18 respectively: Provided, That revenues or portions thereof

19 from sales released under such section 2001(k), minus the

20 amounts necessary for State and local government pay21 ments and other necessary deposits, may be deposited into

22 the Funds immediately upon receipt thereof and subse23 quently redistributed between the Funds or paid into the

24 United States Treasury as miscellaneous receipts as may
527

S 1594 RS

1 be required when the calculation of excess revenues is

2 made.

3 (b)(1) From the funds deposited into the Agriculture

4 Fund and into the Interior Fund pursuant to subsection

5 (a)—

6 (A) seventy-five percent shall be available, with7 out fiscal year limitation or further appropriation,

8 for preparation of timber sales, other than salvage

9 sales as defined in section 2001(a)(3) of the fiscal

10 year 1995 Supplemental Appropriations for Disaster

11 Assistance and Rescissions Act, which—

12 (i) are situated on lands within the Na13 tional Forest System and lands administered by

14 the Bureau of Land Management, respectively;

15 and

16 (ii) are in addition to timber sales for

17 which funds are otherwise available in this Act

18 or other appropriations Acts; and

19 (B) twenty-five percent shall be available, with20 out fiscal year limitation or further appropriation, to

21 expend on the backlog of recreation projects on

22 lands within the National Forest System and lands

23 administered by the Bureau of Land Management,

24 respectively.
528

S 1594 RS

1 (2) Expenditures under this subsection for prepara2 tion of timber sales may include expenditures for Forest

3 Service activities within the forest land management budg4 et line item and associated timber roads, and Bureau of

5 Land Management activities within the Oregon and Cali6 fornia grant lands account and the forestry management

7 area account, as determined by the Secretary concerned.

8 (c) Revenues received from any timber sale prepared

9 under subsection (b) or under this subsection, minus the

10 amounts necessary for State and local government pay11 ments and other necessary deposits, shall be deposited into

12 the Fund from which funds were expended on such sale.

13 Such deposited revenues shall be available for preparation

14 of additional timber sales and completion of additional

15 recreation projects in accordance with the requirements

16 set forth in subsection (b).

17 (d) The Secretary concerned shall terminate all pay18 ments into the Agriculture Fund or the Interior Fund, and

19 pay any unobligated funds in the affected Fund into the

20 United States Treasury as miscellaneous receipts, when21 ever the Secretary concerned makes a finding, published

22 in the Federal Register, that sales sufficient to achieve

23 the total allowable sales quantity of the National Forest

24 System for the Forest Service or the allowable sales level
529

S 1594 RS

1 for the Oregon and California grant lands for the Bureau

2 of Land Management, respectively, have been prepared.

3 (e) Any timber sales prepared and recreation projects

4 completed under this section shall comply with all applica5 ble environmental and natural resource laws and regula6 tions.

7 (f) The Secretary concerned shall report annually to

8 the Committees on Appropriations of the United States

9 Senate and the House of Representatives on expenditures

10 made from the Fund for timber sales and recreation

11 projects, revenues received into the Fund from timber

12 sales, and timber sale preparation and recreation project

13 work undertaken during the previous year and projected

14 for the next year under the Fund. Such information shall

15 be provided for each Forest Service region and Bureau

16 of Land Management State office.

17 (g) The authority of this section shall terminate upon

18 the termination of both Funds in accordance with the pro19 visions of subsection (d).

20 SEC. 328. Of the funds provided to the National En21 dowment for the Arts:

22 (a) The Chairperson shall only award a grant

23 to an individual if such grant is awarded to such in24 dividual for a literature fellowship, National Herit-
530

S 1594 RS

1 age Fellowship, or American Jazz Masters Fellow2 ship.

3 (b) The Chairperson shall establish procedures

4 to ensure that no funding provided through a grant,

5 except a grant made to a State or regional group,

6 may be used to make a grant to any other organiza7 tion or individual to conduct activity independent of

8 the direct grant recipient. Nothing in this subsection

9 shall prohibit payments made in exchange for goods

10 and services.

11 (c) No grant shall be used for seasonal support

12 to a group, unless the application is specific to the

13 contents of the season, including identified programs

14 and/or projects.

15 SEC. 329. DELAY IN IMPLEMENTATION OF THE AD16 MINISTRATION’S RANGELAND REFORM PROGRAM.—None

17 of the funds made available under this or any other Act

18 may be used to implement or enforce the final rule pub19 lished by the Secretary of the Interior on February 22,

20 1995 (60 Fed. Reg. 9894), making amendments to parts

21 4, 1780, and 4100 of title 43, Code of Federal Regula22 tions, to take effect August 21, 1995, until November 21,

23 1995. None of the funds made available under this or any

24 other Act may be used to publish proposed or enforce final

25 regulations governing the management of livestock grazing
531

S 1594 RS

1 on lands administered by the Forest Service until Novem2 ber 21, 1995.

3 SEC. 330. Section 1864 of title 18, United States

4 Code, is amended—

5 (1) in subsection (b)—

6 (A) in paragraph (2), by striking ‘‘twenty’’

7 and inserting ‘‘40’’;

8 (B) in paragraph (3), by striking ‘‘ten’’

9 and inserting ‘‘20’’;

10 (C) in paragraph (4), by striking ‘‘if dam11 age exceeding $10,000 to the property of any

12 individual results,’’ and inserting ‘‘if damage to

13 the property of any individual results or if

14 avoidance costs have been incurred exceeding

15 $10,000, in the aggregate,’’; and

16 (D) in paragraph (4), by striking ‘‘ten’’

17 and inserting ‘‘20’’;

18 (2) in subsection (c) by striking ‘‘ten’’ and in19 serting ‘‘20’’;

20 (3) in subsection (d), by—

21 (A) striking ‘‘and’’ at the end of paragraph

22 (2);

23 (B) striking the period at the end of para24 graph (3) and inserting ‘‘; and’’; and

25 (C) adding at the end the following:
532

S 1594 RS

1 ‘‘(4) the term ‘avoidance costs’ means costs in2 curred by any individual for the purpose of—

3 ‘‘(A) detecting a hazardous or injurious de4 vice; or

5 ‘‘(B) preventing death, serious bodily in6 jury, bodily injury, or property damage likely to

7 result from the use of a hazardous or injurious

8 device in violation of subsection (a).’’; and

9 (4) by adding at the end thereof the following:

10 ‘‘(e) Any person injured as the result of a violation

11 of subsection (a) may commence a civil action on his own

12 behalf against any person who is alleged to be in violation

13 of subsection (a). The district courts shall have jurisdic14 tion, without regard to the amount in controversy or the

15 citizenship of the parties, in such civil actions. The court

16 may award, in addition to monetary damages for any in17 jury resulting from an alleged violation of subsection (a),

18 costs of litigation, including reasonable attorney and ex19 pert witness fees, to any prevailing or substantially pre20 vailing party, whenever the court determines such award

21 is appropriate.’’.

22 SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT

23 FOR THE ARTS.—Section 2 of the National Foundation

24 on the Arts and the Humanities Act of 1965, as amended

25 (20 U.S.C. 951), sets out findings and purposes for which
533

S 1594 RS

1 the National Endowment for the Arts was established,

2 among which are—

3 (1) ‘‘The arts and humanities belong to all the

4 people of the United States’’;

5 (2) ‘‘The arts and humanities reflect the high

6 place accorded by the American people . . . to the

7 fostering of mutual respect for the diverse beliefs

8 and values of all persons and groups’’;

9 (3) ‘‘Public funding of the arts and humanities

10 is subject to the conditions that traditionally govern

11 the use of public money [and] such funding should

12 contribute to public support and confidence in the

13 use of taxpayer funds’’; and

14 (4) ‘‘Public funds provided by the Federal Gov15 ernment must ultimately serve public purposes the

16 Congress defines’’.

17 (b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con18 gress further finds and declares that the use of scarce

19 funds, which have been taken from all taxpayers of the

20 United States, to promote, disseminate, sponsor, or

21 produce any material or performance that—

22 (1) denigrates the religious objects or religious

23 beliefs of the adherents of a particular religion, or

24 (2) depicts or describes, in a patently offensive

25 way, sexual or excretory activities or organs,
534

S 1594 RS

1 is contrary to the express purposes of the National Foun2 dation on the Arts and the Humanities Act of 1965, as

3 amended.

4 (c) PROHIBITION ON FUNDING THAT IS NOT CON5 SISTENT WITH THE PURPOSES OF THE ACT.—Notwith6 standing any other provision of law, none of the scarce

7 funds which have been taken from all taxpayers of the

8 United States and made available under this Act to the

9 National Endowment for the Arts may be used to pro10 mote, disseminate, sponsor, or produce any material or

11 performance that—

12 (1) denigrates the religious objects or religious

13 beliefs of the adherents of a particular religion, or

14 (2) depicts or describes, in a patently offensive

15 way, sexual or excretory activities or organs,

16 and this prohibition shall be strictly applied without re17 gard to the content or viewpoint of the material or per18 formance.

19 (d) SECTION NOT TO AFFECT OTHER WORKS.—

20 Nothing in this section shall be construed to affect in any

21 way the freedom of any artist or performer to create any

22 material or performance using funds which have not been

23 made available under this Act to the National Endowment

24 for the Arts.
535

S 1594 RS

1 SEC. 332. For purposes related to the closure of the

2 Bureau of Mines, funds made available to the United

3 States Geological Survey, the United States Bureau of

4 Mines, and the Bureau of Land Management shall be

5 available for transfer, with the approval of the Secretary

6 of the Interior, among the following accounts: United

7 States Geological Survey, Surveys, investigations, and re8 search; Bureau of Mines, Mines and minerals; and Bureau

9 of Land Management, Management of lands and re10 sources. The Secretary of Energy shall reimburse the Sec11 retary of the Interior, in an amount to be determined by

12 the Director of the Office of Management and Budget, for

13 the expenses of the transferred functions between October

14 1, 1995 and the effective date of the transfers of function.

15 Such transfers shall be subject to the reprogramming

16 guidelines of the House and Senate Committees on Appro17 priations.

18 SEC. 333. No funds appropriated under this or any

19 other Act shall be used to review or modify sourcing areas

20 previously approved under section 490(c)(3) of the Forest

21 Resources Conservation and Shortage Relief Act of 1990

22 (Public Law 101–382) or to enforce or implement Federal

23 regulations 36 CFR part 223 promulgated on September

24 8, 1995. The regulations and interim rules in effect prior

25 to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,
536

S 1594 RS

1 36 CFR 223 Subpart D, 36 CFR 223 Subpart F, and

2 36 CFR 261.6) shall remain in effect. The Secretary of

3 Agriculture or the Secretary of the Interior shall not adopt

4 any policies concerning Public Law 101–382 or existing

5 regulations that would restrain domestic transportation or

6 processing of timber from private lands or impose addi7 tional accountability requirements on any timber. The Sec8 retary of Commerce shall extend until September 30,

9 1996, the order issued under section 491(b)(2)(A) of Pub10 lic Law 101–382 and shall issue an order under section

11 491(b)(2)(B) of such law that will be effective October 1,

12 1996.

13 SEC. 334. The National Park Service, in accordance

14 with the Memorandum of Agreement between the United

15 States National Park Service and the City of Vancouver

16 dated November 4, 1994, shall permit general aviation on

17 its portion of Pearson Field in Vancouver, Washington

18 until the year 2022, during which time a plan and method

19 for transitioning from general aviation aircraft to historic

20 aircraft shall be completed; such transition to be accom21 plished by that date. This action shall not be construed

22 to limit the authority of the Federal Aviation Administra23 tion over air traffic control or aviation activities at Pear24 son Field or limit operations and airspace of Portland

25 International Airport.
537

S 1594 RS

1 SEC. 335. The United States Forest Service approval

2 of Alternative site 2 (ALT 2), issued on December 6,

3 1993, is hereby authorized and approved and shall be

4 deemed to be consistent with, and permissible under, the

5 terms of Public Law 100–696 (the Arizona-Idaho Con6 servation Act of 1988).

7 SEC. 336. Notwithstanding any other provision of

8 law, no funds made available to the Department of the

9 Interior or the Department of Agriculture by this or any

10 other act, through May 15, 1997, may be used to prepare,

11 issue, or implement regulations, rules, or policies pursuant

12 to Title VIII of the Alaska National Interest Lands Con13 servation Act to assert jurisdiction, management, or con14 trol over navigable waters transferred to the State of Alas15 ka pursuant to the Submerged Lands Act of 1953 or the

16 Alaska Statehood Act of 1959.

17 SEC. 337. Upon enactment of this Act, the following

18 provisions of Public Law 104–92, Public Law 104–91, and

19 Public Law 104–99 that would continue to have effect

20 after March 15, 1996, are superseded:

21 Section 101 of Public Law 104–92, as amend22 ed: (1) the paragraph dealing with general welfare

23 assistance payments and foster care payments fund24 ed under the account heading ‘‘Operations of Indian

25 Programs’’; and (2) the paragraph dealing with the
538

S 1594 RS

1 visitor services in the National Park System, the

2 National Wildlife Refuges, the National Forests, the

3 Smithsonian Institution facilities, the National Gal4 lery of Art, the John F. Kennedy Center for the

5 Performing Arts, and the United States Holocaust

6 Memorial.

7 Section 101(a) of Public Law 104–91: (1) the

8 paragraph dealing with visitor services on the public

9 lands managed by the Bureau of Land Management;

10 and (2) the paragraph dealing with Self-Determina11 tion and Self-Governance projects and activities

12 under the account heading ‘‘Operations of Indian

13 Programs’’ and the account heading ‘‘Indian Health

14 Service’’.

15 Section 123 of Public Law 104–99.

16 Section 124 of Public Law 104–99.

17 This Act may be cited as the ‘‘Department of the In18 terior and Related Agencies Appropriations Act, 1996’’.

19 (d) Such amounts as may be necessary for programs,

20 projects or activities provided for in the Departments of

21 Labor, Health and Human Services, and Education, and

22 Related Agencies Appropriations Act, 1996 at a rate of

23 operations and to the extent and in the manner provided

24 as follows, to be effective as if it had been enacted into

25 law as the regular appropriations Act:
539

S 1594 RS

1 AN ACT

2 Making appropriations for the Departments of

3 Labor, Health and Human Services, and Education, and

4 related agencies, for the fiscal year ending September 30,

5 1996 and for other purposes.

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For expenses necessary to carry into effect the Job

10 Training Partnership Act, as amended, including the pur11 chase and hire of passenger motor vehicles, the construc12 tion, alteration, and repair of buildings and other facili13 ties, and the purchase of real property for training centers

14 as authorized by the Job Training Partnership Act; title

15 II of the Civil Rights Act of 1991; the Women in Appren16 ticeship and Nontraditional Occupations Act; National

17 Skill Standards Act of 1994; and the School-to-Work Op18 portunities Act; $3,308,978,000 plus reimbursements, of

19 which $3,091,759,000 is available for obligation for the

20 period July 1, 1996 through June 30, 1997; of which

21 $121,467,000 is available for the period July 1, 1996

22 through June 30, 1999 for necessary expenses of construc23 tion, rehabilitation, and acquisition of Job Corps centers;

24 and of which $95,000,000 shall be available from July 1,

25 1996 through September 30, 1997, for carrying out activi-
540

S 1594 RS

1 ties of the School-to-Work Opportunities Act: Provided,

2 That $52,502,000 shall be for carrying out section 401

3 of the Job Training Partnership Act, $69,285,000 shall

4 be for carrying out section 402 of such Act, $7,300,000

5 shall be for carrying out section 441 of such Act,

6 $8,000,000 shall be for all activities conducted by and

7 through the National Occupational Information Coordi8 nating Committee under such Act, $745,700,000 shall be

9 for carrying out title II, part A of such Act, and

10 $326,672,000 shall be for carrying out title II, part C of

11 such Act: Provided further, That no funds from any other

12 appropriation shall be used to provide meal services at or

13 for Job Corps centers: Provided further, That notwith14 standing any other provision of law, the Secretary of

15 Labor may waive any of the requirements contained in

16 sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254,

17 264, 301, 311, 313, 314, and 315 of the Job Training

18 Partnership Act in order to assist States in improving

19 State workforce development systems, pursuant to a re20 quest submitted by a State that has prior to the date of

21 enactment of this Act executed a Memorandum of Under22 standing with the United States requiring such State to

23 meet agreed upon outcomes: Provided further, That funds

24 used from this Act to carry out title III of the Job Train25 ing Partnership Act shall not be subject to the limitation
541

S 1594 RS

1 contained in subsection (b) of section 315 of such Act;

2 that the waiver allowing a reduction in the cost limitation

3 relating to retraining services described in subsection

4 (a)(2) of such section 315 may be granted with respect

5 to funds from this Act if a substate grantee demonstrates

6 to the Governor that such waiver is appropriate due to

7 the availability of low-cost retraining services, is necessary

8 to facilitate the provision of needs-related payments to ac9 company long-term training, or is necessary to facilitate

10 the provision of appropriate basic readjustment services

11 and that funds used from this Act to carry out the Sec12 retary’s discretionary grants under part B of such title

13 III may be used to provide needs-related payments to par14 ticipants who, in lieu of meeting the requirements relating

15 to enrollment in training under section 314(e) of such Act,

16 are enrolled in training by the end of the sixth week after

17 funds have been awarded: Provided further, That service

18 delivery areas may transfer funding provided herein under

19 authority of title II–C of the Job Training Partnership

20 Act to the program authorized by title II–B of that Act,

21 if such transfer is approved by the Governor: Provided fur22 ther, That service delivery areas and substate areas may

23 transfer funding provided herein under authority of title

24 II–A and title III of the Job Training Partnership Act

25 between the programs authorized by those titles of the
542

S 1594 RS

1 Act, if such transfer is approved by the Governor: Pro2 vided further, That, notwithstanding any other provision

3 of law, any proceeds from the sale of Job Corps Center

4 facilities shall be retained by the Secretary of Labor to

5 carry out the Job Corps program.

6 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

7 AMERICANS

8 To carry out the activities for national grants or con9 tracts with public agencies and public or private nonprofit

10 organizations under paragraph (1)(A) of section 506(a)

11 of title V of the Older Americans Act of 1965, as amended,

12 or to carry out older worker activities as subsequently au13 thorized, $273,000,000.

14 To carry out the activities for grants to States under

15 paragraph (3) of section 506(a) of title V of the Older

16 Americans Act of 1965, as amended, or to carry out older

17 worker activities as subsequently authorized, $77,000,000.

18 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

19 For payments during the current fiscal year of trade

20 adjustment benefit payments and allowances under part

21 I, and for training, for allowances for job search and relo22 cation, and for related State administrative expenses

23 under part II, subchapters B and D, chapter 2, title II

24 of the Trade Act of 1974, as amended, $346,100,000, to25 gether with such amounts as may be necessary to be
543

S 1594 RS

1 charged to the subsequent appropriation for payments for

2 any period subsequent to September 15 of the current

3 year.

4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

5 SERVICE OPERATIONS

6 For activities authorized by the Act of June 6, 1933,

7 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.

8 3202(a)(1)(E)); title III of the Social Security Act, as

9 amended (42 U.S.C. 502–504); necessary administrative

10 expenses for carrying out 5 U.S.C. 8501–8523, and sec11 tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),

12 title II of the Trade Act of 1974, as amended; as author13 ized by section 7c of the Act of June 6, 1933, as amended,

14 necessary administrative expenses under sections

15 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and

16 218(g) (1), (2), and (3), and 258(c) of the Immigration

17 and Nationality Act, as amended (8 U.S.C. 1101 et seq.);

18 necessary administrative expenses to carry out section

19 221(a) of the Immigration Act of 1990, $117,328,000, to20 gether with not to exceed $3,104,194,000 (including not

21 to exceed $1,653,000 which may be used for amortization

22 payments to States which had independent retirement

23 plans in their State employment service agencies prior to

24 1980, and including not to exceed $2,000,000 which may

25 be obligated in contracts with non-State entities for activi-
544

S 1594 RS

1 ties such as occupational and test research activities which

2 benefit the Federal-State Employment Service System),

3 which may be expended from the Employment Security

4 Administration account in the Unemployment Trust

5 Fund, and of which the sums available in the allocation

6 for activities authorized by title III of the Social Security

7 Act, as amended (42 U.S.C. 502–504), and the sums

8 available in the allocation for necessary administrative ex9 penses for carrying out 5 U.S.C. 8501–8523, shall be

10 available for obligation by the States through December

11 31, 1996, except that funds used for automation acquisi12 tions shall be available for obligation by States through

13 September 30, 1998; and of which $115,452,000, together

14 with not to exceed $738,283,000 of the amount which may

15 be expended from said trust fund shall be available for

16 obligation for the period July 1, 1996, through June 30,

17 1997, to fund activities under the Act of June 6, 1933,

18 as amended, including the cost of penalty mail made avail19 able to States in lieu of allotments for such purpose, and

20 of which $216,333,000 shall be available only to the extent

21 necessary for additional State allocations to administer

22 unemployment compensation laws to finance increases in

23 the number of unemployment insurance claims filed and

24 claims paid or changes in a State law: Provided, That to

25 the extent that the Average Weekly Insured Unemploy-
545

S 1594 RS

1 ment (AWIU) for fiscal year 1996 is projected by the De2 partment of Labor to exceed 2.785 million, an additional

3 $28,600,000 shall be available for obligation for every

4 100,000 increase in the AWIU level (including a pro rata

5 amount for any increment less than 100,000) from the

6 Employment Security Administration Account of the Un7 employment Trust Fund: Provided further, That funds ap8 propriated in this Act which are used to establish a na9 tional one-stop career center network may be obligated in

10 contracts, grants or agreements with non-State entities:

11 Provided further, That funds appropriated under this Act

12 for activities authorized under the Wagner-Peyser Act, as

13 amended, and title III of the Social Security Act, may be

14 used by the States to fund integrated Employment Service

15 and Unemployment Insurance automation efforts, not16 withstanding cost allocation principles prescribed under

17 Office of Management and Budget Circular A–87.

18 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

19 OTHER FUNDS

20 For repayable advances to the Unemployment Trust

21 Fund as authorized by sections 905(d) and 1203 of the

22 Social Security Act, as amended, and to the Black Lung

23 Disability Trust Fund as authorized by section 9501(c)(1)

24 of the Internal Revenue Code of 1954, as amended; and

25 for nonrepayable advances to the Unemployment Trust
546

S 1594 RS

1 Fund as authorized by section 8509 of title 5, United

2 States Code, and section 104(d) of Public Law 102–164,

3 and section 5 of Public Law 103–6, and to the ‘‘Federal

4 unemployment benefits and allowances’’ account, to re5 main available until September 30, 1997, $369,000,000.

6 In addition, for making repayable advances to the

7 Black Lung Disability Trust Fund in the current fiscal

8 year after September 15, 1996, for costs incurred by the

9 Black Lung Disability Trust Fund in the current fiscal

10 year, such sums as may be necessary.

11 ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA12 TION ACCOUNT OF THE UNEMPLOYMENT TRUST

13 FUND

14 (RESCISSION)

15 Amounts remaining unobligated under this heading

16 as of September 30, 1995, are hereby rescinded.

17 PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND

18 OTHER FUNDS

19 (RESCISSION)

20 Of the amounts remaining unobligated under this

21 heading as of September 30, 1995, $250,000,000 are

22 hereby rescinded.

23 PROGRAM ADMINISTRATION

24 For expenses of administering employment and train25 ing programs and for carrying out section 908 of the So26 cial Security Act, $83,054,000, together with not to ex-
547

S 1594 RS

1 ceed $40,793,000, which may be expended from the Em2 ployment Security Administration account in the Unem3 ployment Trust Fund.

4 PENSION AND WELFARE BENEFITS ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for Pension and Welfare Ben7 efits Administration, $65,198,000.

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation is author11 ized to make such expenditures, including financial assist12 ance authorized by section 104 of Public Law 96–364,

13 within limits of funds and borrowing authority available

14 to such Corporation, and in accord with law, and to make

15 such contracts and commitments without regard to fiscal

16 year limitations as provided by section 104 of the Govern17 ment Corporation Control Act, as amended (31 U.S.C.

18 9104), as may be necessary in carrying out the program

19 through September 30, 1996, for such Corporation: Pro20 vided, That not to exceed $10,603,000 shall be available

21 for administrative expenses of the Corporation: Provided

22 further, That expenses of such Corporation in connection

23 with the collection of premiums, the termination of pen24 sion plans, for the acquisition, protection or management,

25 and investment of trust assets, and for benefits adminis-
548

S 1594 RS

1 tration services shall be considered as non-administrative

2 expenses for the purposes hereof, and excluded from the

3 above limitation.

4 EMPLOYMENT STANDARDS ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Employment Stand7 ards Administration, including reimbursement to State,

8 Federal, and local agencies and their employees for inspec9 tion services rendered, $254,756,000, together with

10 $978,000 which may be expended from the Special Fund

11 in accordance with sections 39(c) and 44(j) of the

12 Longshore and Harbor Workers’ Compensation Act: Pro13 vided, That the Secretary of Labor is authorized to accept,

14 retain, and spend, until expended, in the name of the De15 partment of Labor, all sums of money ordered to be paid

16 to the Secretary of Labor, in accordance with the terms

17 of the Consent Judgment in Civil Action No. 91–0027 of

18 the United States District Court for the District of the

19 Northern Mariana Islands (May 21, 1992): Provided fur20 ther, That the Secretary of Labor is authorized to estab21 lish and, in accordance with 31 U.S.C. 3302, collect and

22 deposit in the Treasury fees for processing applications

23 and issuing certificates under sections 11(d) and 14 of the

24 Fair Labor Standards Act of 1938, as amended (29

25 U.S.C. 211(d) and 214) and for processing applications
549

S 1594 RS

1 and issuing registrations under Title I of the Migrant and

2 Seasonal Agricultural Worker Protection Act, 29 U.S.C.

3 1801 et seq.

4 SPECIAL BENEFITS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation, benefits, and ex7 penses (except administrative expenses) accruing during

8 the current or any prior fiscal year authorized by title 5,

9 chapter 81 of the United States Code; continuation of ben10 efits as provided for under the head ‘‘Civilian War Bene11 fits’’ in the Federal Security Agency Appropriation Act,

12 1947; the Employees’ Compensation Commission Appro13 priation Act, 1944; and sections 4(c) and 5(f) of the War

14 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per

15 centum of the additional compensation and benefits re16 quired by section 10(h) of the Longshore and Harbor

17 Workers’ Compensation Act, as amended, $218,000,000

18 together with such amounts as may be necessary to be

19 charged to the subsequent year appropriation for the pay20 ment of compensation and other benefits for any period

21 subsequent to August 15 of the current year: Provided,

22 That such sums as are necessary may be used under sec23 tion 8104 of title 5, United States Code, by the Secretary

24 to reimburse an employer, who is not the employer at the

25 time of injury, for portions of the salary of a reemployed,
550

S 1594 RS

1 disabled beneficiary: Provided further, That balances of re2 imbursements unobligated on September 30, 1995, shall

3 remain available until expended for the payment of com4 pensation, benefits, and expenses: Provided further, That

5 in addition there shall be transferred to this appropriation

6 from the Postal Service and from any other corporation

7 or instrumentality required under section 8147(c) of title

8 5, United States Code, to pay an amount for its fair share

9 of the cost of administration, such sums as the Secretary

10 of Labor determines to be the cost of administration for

11 employees of such fair share entities through September

12 30, 1996: Provided further, That of those funds trans13 ferred to this account from the fair share entities to pay

14 the cost of administration, $19,383,000 shall be made

15 available to the Secretary of Labor for expenditures relat16 ing to capital improvements in support of Federal Employ17 ees’ Compensation Act administration, and the balance of

18 such funds shall be paid into the Treasury as miscellane19 ous receipts: Provided further, That the Secretary may re20 quire that any person filing a notice of injury or a claim

21 for benefits under Subchapter 5, U.S.C., chapter 81, or

22 under subchapter 33, U.S.C. 901, et seq. (the Longshore

23 and Harbor Workers’ Compensation Act, as amended),

24 provide as part of such notice and claim, such identifying
551

S 1594 RS

1 information (including Social Security account number) as

2 such regulations may prescribe.

3 BLACK LUNG DISABILITY TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For payments from the Black Lung Disability Trust

6 Fund, $996,763,000, of which $949,494,000 shall be

7 available until September 30, 1997, for payment of all

8 benefits as authorized by section 9501(d) (1), (2), (4), and

9 (7), of the Internal Revenue Code of 1954, as amended,

10 and interest on advances as authorized by section

11 9501(c)(2) of that Act, and of which $27,350,000 shall

12 be available for transfer to Employment Standards Ad13 ministration, Salaries and Expenses, and $19,621,000 for

14 transfer to Departmental Management, Salaries and Ex15 penses, and $298,000 for transfer to Departmental Man16 agement, Office of Inspector General, for expenses of oper17 ation and administration of the Black Lung Benefits pro18 gram as authorized by section 9501(d)(5)(A) of that Act:

19 Provided, That in addition, such amounts as may be nec20 essary may be charged to the subsequent year appropria21 tion for the payment of compensation, interest, or other

22 benefits for any period subsequent to August 15 of the

23 current year: Provided further, That in addition such

24 amounts shall be paid from this fund into miscellaneous

25 receipts as the Secretary of the Treasury determines to
552

S 1594 RS

1 be the administrative expenses of the Department of the

2 Treasury for administering the fund during the current

3 fiscal year, as authorized by section 9501(d)(5)(B) of that

4 Act.

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety

8 and Health Administration, $288,985,000 including not

9 to exceed $70,615,000 which shall be the maximum

10 amount available for grants to States under section 23(g)

11 of the Occupational Safety and Health Act, which grants

12 shall be no less than fifty percent of the costs of State

13 occupational safety and health programs required to be

14 incurred under plans approved by the Secretary under sec15 tion 18 of the Occupational Safety and Health Act of

16 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

17 the Occupational Safety and Health Administration may

18 retain up to $750,000 per fiscal year of training institute

19 course tuition fees, otherwise authorized by law to be col20 lected, and may utilize such sums for occupational safety

21 and health training and education grants: Provided, That

22 none of the funds appropriated under this paragraph shall

23 be obligated or expended to prescribe, issue, administer,

24 or enforce any standard, rule, regulation, or order under

25 the Occupational Safety and Health Act of 1970 which
553

S 1594 RS

1 is applicable to any person who is engaged in a farming

2 operation which does not maintain a temporary labor

3 camp and employs ten or fewer employees: Provided fur4 ther, That no funds appropriated under this paragraph

5 shall be obligated or expended to administer or enforce

6 any standard, rule, regulation, or order under the Occupa7 tional Safety and Health Act of 1970 with respect to any

8 employer of ten or fewer employees who is included within

9 a category having an occupational injury lost workday case

10 rate, at the most precise Standard Industrial Classifica11 tion Code for which such data are published, less than the

12 national average rate as such rates are most recently pub13 lished by the Secretary, acting through the Bureau of

14 Labor Statistics, in accordance with section 24 of that Act

15 (29 U.S.C. 673), except—

16 (1) to provide, as authorized by such Act, con17 sultation, technical assistance, educational and train18 ing services, and to conduct surveys and studies;

19 (2) to conduct an inspection or investigation in

20 response to an employee complaint, to issue a cita21 tion for violations found during such inspection, and

22 to assess a penalty for violations which are not cor23 rected within a reasonable abatement period and for

24 any willful violations found;
554

S 1594 RS

1 (3) to take any action authorized by such Act

2 with respect to imminent dangers;

3 (4) to take any action authorized by such Act

4 with respect to health hazards;

5 (5) to take any action authorized by such Act

6 with respect to a report of an employment accident

7 which is fatal to one or more employees or which re8 sults in hospitalization of two or more employees,

9 and to take any action pursuant to such investiga10 tion authorized by such Act; and

11 (6) to take any action authorized by such Act

12 with respect to complaints of discrimination against

13 employees for exercising rights under such Act:

14 Provided further, That the foregoing proviso shall not

15 apply to any person who is engaged in a farming operation

16 which does not maintain a temporary labor camp and em17 ploys ten or fewer employees.

18 MINE SAFETY AND HEALTH ADMINISTRATION

19 SALARIES AND EXPENSES

20 For necessary expenses for the Mine Safety and

21 Health Administration, $196,673,000, including purchase

22 and bestowal of certificates and trophies in connection

23 with mine rescue and first-aid work, and the hire of pas24 senger motor vehicles; the Secretary is authorized to ac25 cept lands, buildings, equipment, and other contributions
555

S 1594 RS

1 from public and private sources and to prosecute projects

2 in cooperation with other agencies, Federal, State, or pri3 vate; the Mine Safety and Health Administration is au4 thorized to promote health and safety education and train5 ing in the mining community through cooperative pro6 grams with States, industry, and safety associations; and

7 any funds available to the Department may be used, with

8 the approval of the Secretary, to provide for the costs of

9 mine rescue and survival operations in the event of a

10 major disaster: Provided, That none of the funds appro11 priated under this paragraph shall be obligated or ex12 pended to carry out section 115 of the Federal Mine Safe13 ty and Health Act of 1977 or to carry out that portion

14 of section 104(g)(1) of such Act relating to the enforce15 ment of any training requirements, with respect to shell

16 dredging, or with respect to any sand, gravel, surface

17 stone, surface clay, colloidal phosphate, or surface lime18 stone mine.

19 BUREAU OF LABOR STATISTICS

20 SALARIES AND EXPENSES

21 For necessary expenses for the Bureau of Labor Sta22 tistics, including advances or reimbursements to State,

23 Federal, and local agencies and their employees for serv24 ices rendered, $292,462,000, of which $11,549,000 shall

25 be for expenses of revising the Consumer Price Index and
556

S 1594 RS

1 shall remain available until September 30, 1997, together

2 with not to exceed $49,997,000, which may be expended

3 from the Employment Security Administration account in

4 the Unemployment Trust Fund.

5 DEPARTMENTAL MANAGEMENT

6 SALARIES AND EXPENSES

7 For necessary expenses for Departmental Manage8 ment, including the hire of three sedans, and including

9 up to $4,358,000 for the President’s Committee on Em10 ployment of People With Disabilities, $140,077,000; to11 gether with not to exceed $303,000, which may be ex12 pended from the Employment Security Administration ac13 count in the Unemployment Trust Fund: Provided, That

14 no funds made available by this Act may be used by the

15 Solicitor of Labor to participate in a review in any United

16 States court of appeals of any decision made by the Bene17 fits Review Board under Section 21 of the Longshore and

18 Harbor Workers’ Compensation Act (33 U.S.C. 921)

19 where such participation is precluded by the decision of

20 the United States Supreme Court in Director, Office of

21 Workers’ Compensation Programs v. Newport News Ship22 building, 115 S. Ct. 1278, (1995): Provided further, That

23 no funds made available by this Act may be used by the

24 Secretary of Labor after September 12, 1996, to review

25 a decision under the Longshore and Harbor Workers’
557

S 1594 RS

1 Compensation Act (33 U.S.C. 901 et seq.) that has been

2 appealed and that has been pending before the Benefits

3 Review Board for more than 12 months: Provided further,

4 That any such decision pending a review by the Benefits

5 Review Board for more than one year shall, if not acted

6 upon by the Board before September 12, 1996, be consid7 ered affirmed by the Benefits Review Board on that date,

8 and shall be considered the final order of the Board for

9 purposes of obtaining a review in the United States courts

10 of appeals: Provided further, That beginning on September

11 13, 1996, the Benefits Review Board shall make a decision

12 on an appeal of a decision under the Longshore and Har13 bor Workers’ Compensation Act (33 U.S.C. 901 et seq.)

14 not later than 1 year after the date the appeal to the Ben15 efits Review Board was filed; however, if the Benefits Re16 view Board fails to make a decision within the 1-year pe17 riod, the decision under review shall be considered the

18 final order of the Board for purposes of obtaining a review

19 in the United States courts of appeals.

20 WORKING CAPITAL FUND

21 The language under this heading in Public Law 85–

22 67, as amended, is further amended by adding the follow23 ing before the last period: ‘‘: Provided further, That within

24 the Working Capital Fund, there is established an Invest25 ment in Reinvention Fund (IRF), which shall be available

26 to invest in projects of the Department designed to
558

S 1594 RS

1 produce measurable improvements in agency efficiency

2 and significant taxpayer savings. Notwithstanding any

3 other provision of law, the Secretary of Labor may retain

4 up to $3,900,000 of the unobligated balances in the De5 partment’s annual Salaries and Expenses accounts as of

6 September 30, 1995, and transfer those amounts to the

7 IRF to provide the initial capital for the IRF, to remain

8 available until expended, to make loans to agencies of the

9 Department for projects designed to enhance productivity

10 and generate cost savings. Such loans shall be repaid to

11 the IRF no later than September 30 of the fiscal year

12 following the fiscal year in which the project is completed.

13 Such repayments shall be deposited in the IRF, to be

14 available without further appropriation action.’’

15 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

16 AND TRAINING

17 Not to exceed $170,390,000 may be derived from the

18 Employment Security Administration account in the Un19 employment Trust Fund to carry out the provisions of 38

20 U.S.C. 4100–4110A and 4321–4327, and Public Law

21 103–353, and which shall be available for obligation by

22 the States through December 31, 1996.

23 OFFICE OF INSPECTOR GENERAL

24 For salaries and expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector
559

S 1594 RS

1 General Act of 1978, as amended, $44,426,000, together

2 with not to exceed $3,615,000, which may be expended

3 from the Employment Security Administration account in

4 the Unemployment Trust Fund.

5 GENERAL PROVISIONS

6 SEC. 101. None of the funds appropriated in this title

7 for the Job Corps shall be used to pay the compensation

8 of an individual, either as direct costs or any proration

9 as an indirect cost, at a rate in excess of $125,000.

10 SEC. 102. None of the funds made available in this

11 Act may be used by the Occupational Safety and Health

12 Administration to promulgate or issue any proposed or

13 final standard or guideline regarding ergonomic protec14 tion. Nothing in this section shall be construed to limit

15 the Occupational Safety and Health Administration from

16 conducting any peer reviewed risk assessment activity re17 garding ergonomics, including conducting peer reviews of

18 the scientific basis for establishing any standard or guide19 line, direct or contracted research, or other activity nec20 essary to fully establish the scientific basis for promulgat21 ing any standard or guideline on ergonomic protection.

22 (TRANSFER OF FUNDS)

23 SEC. 103. Not to exceed 1 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Labor in this Act may be transferred between

26 such appropriations, but no such appropriation shall be
560

S 1594 RS

1 increased by more than 3 percent by any such transfers:

2 Provided, That the Appropriations Committees of both

3 Houses of Congress are notified at least fifteen days in

4 advance of any transfers.

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

6 Appropriations Act, 1996’’.

7 TITLE II—DEPARTMENT OF HEALTH AND

8 HUMAN SERVICES

9 HEALTH RESOURCES AND SERVICES ADMINISTRATION

10 HEALTH RESOURCES AND SERVICES

11 For carrying out titles II, III, VII, VIII, X, XVI,

12 XIX, and XXVI of the Public Health Service Act, section

13 427(a) of the Federal Coal Mine Health and Safety Act,

14 title V of the Social Security Act, the Health Care Quality

15 Improvement Act of 1986, as amended, Public Law 101–

16 527, and the Native Hawaiian Health Care Act of 1988,

17 as amended, $2,954,864,000, of which $411,000 shall re18 main available until expended for interest subsidies on

19 loan guarantees made prior to fiscal year 1981 under part

20 B of title VII of the Public Health Service Act: Provided,

21 That the Division of Federal Occupational Health may

22 utilize personal services contracting to employ professional

23 management/administrative, and occupational health pro24 fessionals: Provided further, That of the funds made avail25 able under this heading, $858,000 shall be available until
561

S 1594 RS

1 expended for facilities renovations at the Gillis W. Long

2 Hansen’s Disease Center: Provided further, That in addi3 tion to fees authorized by section 427(b) of the Health

4 Care Quality Improvement Act of 1986, fees shall be col5 lected for the full disclosure of information under the Act

6 sufficient to recover the full costs of operating the Na7 tional Practitioner Data Bank, and shall remain available

8 until expended to carry out that Act: Provided further,

9 That no more than $5,000,000 is available for carrying

10 out the provisions of Public Law 102–501 as amended:

11 Provided further, That of the funds made available under

12 this heading, $193,349,000 shall be for the program under

13 title X of the Public Health Service Act to provide for

14 voluntary family planning projects: Provided further, That

15 amounts provided to said projects under such title shall

16 not be expended for abortions, that all pregnancy counsel17 ing shall be nondirective, and that such amounts shall not

18 be expended for any activity (including the publication or

19 distribution of literature) that in any way tends to pro20 mote public support or opposition to any legislative pro21 posal or candidate for public office: Provided further, That

22 notwithstanding any other provision of law, funds made

23 available under this heading may be used to continue oper24 ating the Council on Graduate Medical Education estab25 lished by section 301 of Public Law 102–408: Provided
562

S 1594 RS

1 further, That the Secretary shall use amounts available for

2 section 2603(b) of the Public Health Service Act as nec3 essary to ensure that fiscal year 1996 grant awards made

4 under section 2603(a) of such Act to eligible areas that

5 received such grants in fiscal year 1995 are not less than

6 the fiscal year 1995 level: Provided further, That of the

7 amounts available for Area Health Education Centers,

8 $24,125,000 shall be for section 746(i)(1)(A) of the

9 Health Professions Education Extension Amendments of

10 1992, notwithstanding section 746(i)(1)(C).

11 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

12 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

13 For carrying out subsections (d) and (e) of section

14 1602 of the Public Health Service Act, $8,000,000, to15 gether with any amounts received by the Secretary in con16 nection with loans and loan guarantees under title VI of

17 the Public Health Service Act, to be available without fis18 cal year limitation for the payment of interest subsidies.

19 During the fiscal year, no commitments for direct loans

20 or loan guarantees shall be made.

21 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

22 For the cost of guaranteed loans, such sums as may

23 be necessary to carry out the purpose of the program, as

24 authorized by title VII of the Public Health Service Act,

25 as amended: Provided, That such costs, including the cost
563

S 1594 RS

1 of modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974: Provided fur3 ther, That these funds are available to subsidize gross obli4 gations for the total loan principal any part of which is

5 to be guaranteed at not to exceed $210,000,000. In addi6 tion, for administrative expenses to carry out the guaran7 teed loan program, $2,688,000.

8 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

9 For payments from the Vaccine Injury Compensation

10 Program Trust Fund, such sums as may be necessary for

11 claims associated with vaccine-related injury or death with

12 respect to vaccines administered after September 30,

13 1988, pursuant to subtitle 2 of title XXI of the Public

14 Health Service Act, to remain available until expended:

15 Provided, That for necessary administrative expenses, not

16 to exceed $3,000,000 shall be available from the Trust

17 Fund to the Secretary of Health and Human Services.

18 VACCINE INJURY COMPENSATION

19 For payment of claims resolved by the United States

20 Court of Federal Claims related to the administration of

21 vaccines before October 1, 1988, $110,000,000, to remain

22 available until expended.
564

S 1594 RS

1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 For carrying out titles V and XIX of the Public

5 Health Service Act with respect to substance abuse and

6 mental health services, the Protection and Advocacy for

7 Mentally Ill Individuals Act of 1986, and section 301 of

8 the Public Health Service Act with respect to program

9 management, $1,800,469,000.

10 RETIREMENT PAY AND MEDICAL BENEFITS FOR

11 COMMISSIONED OFFICERS

12 For retirement pay and medical benefits of Public

13 Health Service Commissioned Officers as authorized by

14 law, and for payments under the Retired Serviceman’s

15 Family Protection Plan and Survivor Benefit Plan and for

16 medical care of dependents and retired personnel under

17 the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and

18 for payments pursuant to section 229(b) of the Social Se19 curity Act (42 U.S.C. 429(b)), such amounts as may be

20 required during the current fiscal year.

21 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

22 HEALTH CARE POLICY AND RESEARCH

23 For carrying out titles III and IX of the Public

24 Health Service Act, and part A of title XI of the Social

25 Security Act, $65,390,000; in addition, amounts received
565

S 1594 RS

1 from Freedom of Information Act fees, reimbursable and

2 interagency agreements, and the sale of data tapes shall

3 be credited to this appropriation and shall remain avail4 able until expended: Provided, That the amount made

5 available pursuant to section 926(b) of the Public Health

6 Service Act shall not exceed $63,080,000.

7 HEALTH CARE FINANCING ADMINISTRATION

8 GRANTS TO STATES FOR MEDICAID

9 For carrying out, except as otherwise provided, titles

10 XI and XIX of the Social Security Act, $55,094,355,000,

11 to remain available until expended.

12 For making, after May 31, 1996, payments to States

13 under title XIX of the Social Security Act for the last

14 quarter of fiscal year 1996 for unanticipated costs, in15 curred for the current fiscal year, such sums as may be

16 necessary.

17 For making payments to States under title XIX of

18 the Social Security Act for the first quarter of fiscal year

19 1997, $26,155,350,000, to remain available until ex20 pended.

21 Payment under title XIX may be made for any quar22 ter with respect to a State plan or plan amendment in

23 effect during such quarter, if submitted in or prior to such

24 quarter and approved in that or any subsequent quarter.
566

S 1594 RS

1 PAYMENTS TO HEALTH CARE TRUST FUNDS

2 For payment to the Federal Hospital Insurance and

3 the Federal Supplementary Medical Insurance Trust

4 Funds, as provided under sections 217(g) and 1844 of the

5 Social Security Act, sections 103(c) and 111(d) of the So6 cial Security Amendments of 1965, section 278(d) of Pub7 lic Law 97–248, and for administrative expenses incurred

8 pursuant to section 201(g) of the Social Security Act,

9 $63,313,000,000.

10 PROGRAM MANAGEMENT

11 For carrying out, except as otherwise provided, titles

12 XI, XVIII, and XIX of the Social Security Act, and title

13 XIII of the Public Health Service Act, the Clinical Labora14 tory Improvement Amendments of 1988, and section

15 4005(e) of Public Law 100–203, not to exceed

16 $2,111,406,000, together with all funds collected in ac17 cordance with section 353 of the Public Health Service

18 Act, the latter funds to remain available until expended,

19 together with such sums as may be collected from author20 ized user fees and the sale of data, which shall remain

21 available until expended, the $2,111,406,000, to be trans22 ferred to this appropriation as authorized by section

23 201(g) of the Social Security Act, from the Federal Hos24 pital Insurance and the Federal Supplementary Medical

25 Insurance Trust Funds: Provided, That all funds derived
567

S 1594 RS

1 in accordance with 31 U.S.C. 9701 from organizations es2 tablished under title XIII of the Public Health Service Act

3 are to be credited to this appropriation.

4 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

5 GUARANTEE FUND

6 For carrying out subsections (d) and (e) of section

7 1308 of the Public Health Service Act, any amounts re8 ceived by the Secretary in connection with loans and loan

9 guarantees under title XIII of the Public Health Service

10 Act, to be available without fiscal year limitation for the

11 payment of outstanding obligations. During fiscal year

12 1996, no commitments for direct loans or loan guarantees

13 shall be made.

14 ADMINISTRATION FOR CHILDREN AND FAMILIES

15 FAMILY SUPPORT PAYMENTS TO STATES

16 For making payments to States or other non-Federal

17 entities, except as otherwise provided, under titles I, IV–

18 A (other than section 402(g)(6)) and D, X, XI, XIV, and

19 XVI of the Social Security Act, and the Act of July 5,

20 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail21 able until expended.

22 For making, after May 31 of the current fiscal year,

23 payments to States or other non-Federal entities under

24 titles I, IV–A and D, X, XI, XIV, and XVI of the Social

25 Security Act, for the last three months of the current year
568

S 1594 RS

1 for unanticipated costs, incurred for the current fiscal

2 year, such sums as may be necessary.

3 For making payments to States or other non-Federal

4 entities under titles I, IV–A (other than section 402(g)(6))

5 and D, X, XI, XIV, and XVI of the Social Security Act

6 and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the

7 first quarter of fiscal year 1997, $4,800,000,000, to re8 main available until expended.

9 JOB OPPORTUNITIES AND BASIC SKILLS

10 For carrying out aid to families with dependent chil11 dren work programs, as authorized by part F of title IV

12 of the Social Security Act, $1,000,000,000.

13 LOW INCOME HOME ENERGY ASSISTANCE

14 (INCLUDING RESCISSION)

15 Of the funds made available beginning on October 1,

16 1995 under this heading in Public Law 103–333,

17 $100,000,000 are hereby rescinded.

18 For making payments under title XXVI of the Omni19 bus Budget Reconciliation Act of 1981, $1,000,000,000,

20 to be available for obligation in the period October 1, 1996

21 through September 30, 1997.

22 For making payments under title XXVI of the Omni23 bus Budget Reconciliation Act of 1981, an additional

24 $300,000,000 to remain available until expended: Pro25 vided, That all of the funds available under this paragraph
569

S 1594 RS

1 are hereby designated by Congress to be emergency re2 quirements pursuant to section 251(b)(2)(D) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985:

4 Provided further, That these funds shall be made available

5 only after submission to Congress of a formal budget re6 quest by the President that includes designation of the en7 tire amount of the request as an emergency requirement

8 as defined in the Balanced Budget and Emergency Deficit

9 Control Act of 1985.

10 REFUGEE AND ENTRANT ASSISTANCE

11 For making payments for refugee and entrant assist12 ance activities authorized by title IV of the Immigration

13 and Nationality Act and section 501 of the Refugee Edu14 cation Assistance Act of 1980 (Public Law 96–422),

15 $397,872,000: Provided, That funds appropriated pursu16 ant to section 414(a) of the Immigration and Nationality

17 Act under Public Law 103–112 for fiscal year 1994 shall

18 be available for the costs of assistance provided and other

19 activities conducted in such year and in fiscal years 1995

20 and 1996.

21 CHILD CARE AND DEVELOPMENT BLOCK GRANT

22 For carrying out sections 658A through 658R of the

23 Omnibus Budget Reconciliation Act of 1981 (The Child

24 Care and Development Block Grant Act of 1990),

25 $934,642,000, which shall be available for obligation
570

S 1594 RS

1 under the same statutory terms and conditions applicable

2 in the prior fiscal year.

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section

5 2002 of the Social Security Act, $2,380,000,000: Pro6 vided, That notwithstanding section 2003(c) of such Act,

7 the amount specified for allocation under such section for

8 fiscal year 1996 shall be $2,380,000,000.

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the

11 Runaway and Homeless Youth Act, the Developmental

12 Disabilities Assistance and Bill of Rights Act, the Head

13 Start Act, the Child Abuse Prevention and Treatment Act,

14 the Family Violence Prevention and Services Act, the Na15 tive American Programs Act of 1974, title II of Public

16 Law 95–266 (adoption opportunities), the Temporary

17 Child Care for Children with Disabilities and Crisis Nurs18 eries Act of 1986, the Abandoned Infants Assistance Act

19 of 1988, and part B(1) of title IV of the Social Security

20 Act; for making payments under the Community Services

21 Block Grant Act; and for necessary administrative ex22 penses to carry out said Acts and titles I, IV, X, XI, XIV,

23 XVI, and XX of the Social Security Act, the Act of July

24 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili25 ation Act of 1981, title IV of the Immigration and Nation-
571

S 1594 RS

1 ality Act, section 501 of the Refugee Education Assistance

2 Act of 1980, and section 126 and titles IV and V of Public

3 Law 100–485, $4,585,546,000; of which $435,463,000

4 shall be for making payments under the Community Serv5 ices Block Grant Act: Provided, That to the extent Com6 munity Services Block Grant funds are distributed as

7 grant funds by a State to an eligible entity as provided

8 under the Act, and have not been expended by such entity,

9 they shall remain with such entity for carryover into the

10 next fiscal year for expenditure by such entity consistent

11 with program purposes.

12 In addition, $21,358,000, to be derived from the Vio13 lent Crime Reduction Trust Fund, for carrying out sec14 tions 40155, 40211, 40241, and 40251 of Public Law

15 103–322.

16 FAMILY PRESERVATION AND SUPPORT

17 For carrying out section 430 of the Social Security

18 Act, $225,000,000.

19 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

20 ASSISTANCE

21 For making payments to States or other non-Federal

22 entities, under title IV–E of the Social Security Act,

23 $4,322,238,000.
572

S 1594 RS

1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 For carrying out, to the extent not otherwise pro4 vided, the Older Americans Act of 1965, as amended,

5 $831,027,000: Provided, That notwithstanding section

6 308(b)(1) of such Act, the amounts available to each State

7 for administration of the State plan under title III of such

8 Act shall be reduced not more than 5 percent below the

9 amount that was available to such State for such purpose

10 for fiscal year 1995.

11 OFFICE OF THE SECRETARY

12 GENERAL DEPARTMENTAL MANAGEMENT

13 For necessary expenses, not otherwise provided, for

14 general departmental management, including hire of six

15 medium sedans, and for carrying out titles III, XVII, XX,

16 and XXI of the Public Health Service Act, $129,499,000,

17 together with $6,628,000, to be transferred and expended

18 as authorized by section 201(g)(1) of the Social Security

19 Act from the Hospital Insurance Trust Fund and the Sup20 plemental Medical Insurance Trust Fund.

21 OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, $58,492,000, together

25 with not to exceed $20,670,000, to be transferred and ex-
573

S 1594 RS

1 pended as authorized by section 201(g)(1) of the Social

2 Security Act from the Hospital Insurance Trust Fund and

3 the Supplemental Medical Insurance Trust Fund, together

4 with any funds, to remain available until expended, that

5 represent the equitable share from the forfeiture of prop6 erty in investigations in which the Office of Inspector Gen7 eral participated, and which are transferred to the Office

8 of the Inspector General by the Department of Justice,

9 the Department of the Treasury, or the United States

10 Postal Service.

11 OFFICE FOR CIVIL RIGHTS

12 For expenses necessary for the Office for Civil

13 Rights, $16,153,000, together with not to exceed

14 $3,314,000, to be transferred and expended as authorized

15 by section 201(g)(1) of the Social Security Act from the

16 Hospital Insurance Trust Fund and the Supplemental

17 Medical Insurance Trust Fund.

18 POLICY RESEARCH

19 For carrying out, to the extent not otherwise pro20 vided, research studies under section 1110 of the Social

21 Security Act, $9,000,000.

22 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

23 FUND

24 For expenses necessary to prepare to respond to the

25 health and medical consequences of nuclear, chemical, or

26 biologic attack in the United States, $7,000,000, to re-
574

S 1594 RS

1 main available until expended and, in addition, for clinical

2 trials, applying imaging technology used for missile guid3 ance and target recognition to new uses improving the

4 early detection of breast cancer, $2,000,000, to remain

5 available until expended.

6 GENERAL PROVISIONS

7 SEC. 201. Funds appropriated in this title shall be

8 available for not to exceed $37,000 for official reception

9 and representation expenses when specifically approved by

10 the Secretary.

11 SEC. 202. The Secretary shall make available through

12 assignment not more than 60 employees of the Public

13 Health Service to assist in child survival activities and to

14 work in AIDS programs through and with funds provided

15 by the Agency for International Development, the United

16 Nations International Children’s Emergency Fund or the

17 World Health Organization.

18 SEC. 203. None of the funds appropriated under this

19 Act may be used to implement section 399L(b) of the Pub20 lic Health Service Act.

21 SEC. 204. None of the funds made available by this

22 Act may be used to withhold payment to any State under

23 the Child Abuse Prevention and Treatment Act by reason

24 of a determination that the State is not in compliance with

25 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal
575

S 1594 RS

1 Regulations. This provision expires upon the date of enact2 ment of the reauthorization of the Child Abuse Prevention

3 and Treatment Act or upon September 30, 1996, which4 ever occurs first.

5 SEC. 205. None of the funds appropriated in this or

6 any other Act for the National Institutes of Health and

7 the Substance Abuse and Mental Health Services Admin8 istration shall be used to pay the salary of an individual,

9 through a grant or other extramural mechanism, at a rate

10 in excess of $125,000 per year.

11 Sec. 206. None of the funds appropriated in this Act

12 may be expended pursuant to section 241 of the Public

13 Health Service Act, except for funds specifically provided

14 for in this Act, prior to the Secretary’s preparation and

15 submission of a report to the Committee on Appropria16 tions of the Senate and of the House detailing the planned

17 uses of such funds.

18 (TRANSFER OF FUNDS)

19 SEC. 207. Of the funds appropriated or otherwise

20 made available for the Department of Health and Human

21 Services, General Departmental Management, for fiscal

22 year 1996, the Secretary of Health and Human Services

23 shall transfer to the Office of the Inspector General such

24 sums as may be necessary for any expenses with respect

25 to the provision of security protection for the Secretary

26 of Health and Human Services.
576

S 1594 RS

1 SEC. 208. Notwithstanding section 106 of Public Law

2 104–91, appropriations for the National Institutes of

3 Health and the Centers for Disease Control and Preven4 tion shall be available for fiscal year 1996 as specified in

5 section 101 of Public Law 104–91.

6 (RESCISSION)

7 SEC. 209. Of the amounts made available under the

8 account heading ‘‘Disease Control, Research, and Train9 ing’’ under the Centers for Disease Control and Preven10 tion, Department of Health and Human Services in Public

11 Law 103–333, Public Law 103–112, and Public Law 102–

12 394 for immunization activities, $53,000,000 are hereby

13 rescinded.

14 SEC. 210. Of the funds provided for the account

15 heading ‘‘Disease Control, Research, and Training’’ in

16 Public Law 104–91, $31,642,000, to be derived from the

17 Violent Crime Reduction Trust Fund, is hereby available

18 for carrying out sections 40151, 40261, and 40293 of

19 Public Law 103–322 notwithstanding any provision of

20 Public Law 104–91.

21 SEC. 211. The Director of the Centers for Disease

22 Control and Prevention may redirect the total amount

23 made available under the authority of Public Law 101–

24 502, section 3, dated November 3, 1990, to activities the

25 Director may so designate: Provided, That the Congress

26 is to be notified promptly of any such transfer.
577

S 1594 RS

1 (TRANSFER OF FUNDS)

2 SEC. 212. Notwithstanding any other provision of

3 this Act or of Public Law 104–91, the Director of the Of4 fice of AIDS Research, National Institutes of Health, in

5 consultation with the Director, National Institutes of

6 Health, may transfer up to 3 percent among Institutes

7 from the total amounts identified in each Institute for

8 AIDS research: Provided, That such transfers shall be

9 within 30 days of enactment of this Act and be based on

10 the scientific priorities established in the plan developed

11 by the Director in accordance with section 2353 of Public

12 Law 103–43: Provided further, That the Congress is

13 promptly notified of the transfer.

14 SEC. 213. If the Secretary fails to approve the appli15 cation for waivers related to the Oregon Option, a com16 prehensive strategy to transform welfare into a network

17 of services to help recipients move quickly to employment,

18 a request under section 1115 of the Social Security Act

19 submitted by the Oregon Department of Human Services

20 on July 3, 1995, by the date of enactment of this Act,

21 notwithstanding the Secretary’s authority to approve the

22 application under such section, the application shall be

23 deemed approved.

24 This title may be cited as the ‘‘Department of Health

25 and Human Services Appropriations Act, 1996’’.
578

S 1594 RS

1 TITLE III—DEPARTMENT OF EDUCATION

2 EDUCATION REFORM

3 For carrying out activities authorized by titles III

4 and IV of the Goals 2000: Educate America Act and the

5 School-to-Work Opportunities Act, $385,000,000, of

6 which $290,000,000 for the Goals 2000: Educate America

7 Act and $95,000,000 for the School-to-Work Opportuni8 ties Act which shall become available on July 1, 1996, and

9 remain available through September 30, 1997: Provided,

10 That notwithstanding section 311(e) of Public Law 103–

11 227, the Secretary is authorized to grant up to six addi12 tional State education agencies authority to waive Federal

13 statutory or regulatory requirements for fiscal year 1996

14 and succeeding fiscal years.

15 EDUCATION FOR THE DISADVANTAGED

16 For carrying out title I of the Elementary and Sec17 ondary Education Act of 1965, and section 418A of the

18 Higher Education Act, $6,513,511,000, of which

19 $6,497,172,000 shall become available on July 1, 1996

20 and shall remain available through September 30, 1997:

21 Provided, That $5,266,863,000 shall be available for basic

22 grants under section 1124: Provided further, That up to

23 $3,500,000 of these funds shall be available to the Sec24 retary on October 1, 1995, to obtain updated local-edu25 cational-agency-level census poverty data from the Bureau
579

S 1594 RS

1 of the Census: Provided further, That $692,341,000 shall

2 be available for concentration grants under section

3 1124(A) and $3,370,000 shall be available for evaluations

4 under section 1501.

5 IMPACT AID

6 For carrying out programs of financial assistance to

7 federally affected schools authorized by title VIII of the

8 Elementary and Secondary Education Act of 1965,

9 $691,159,000, of which $581,170,000 shall be for basic

10 support payments under section 8003(b), $40,000,000

11 shall be for payments for children with disabilities under

12 section 8003(d), $50,000,000, to remain available until

13 expended, shall be for payments under section 8003(f),

14 $5,000,000 shall be for construction under section 8007,

15 and $14,989,000 shall be for Federal property payments

16 under section 8002.

17 SCHOOL IMPROVEMENT PROGRAMS

18 For carrying out school improvement activities au19 thorized by titles II, IV–A–1, V–A, VI, VII–B, and titles

20 IX, X and XIII of the Elementary and Secondary Edu21 cation Act of 1965; the Stewart B. McKinney Homeless

22 Assistance Act; and the Civil Rights Act of 1964;

23 $948,987,000 of which $775,760,000 shall become avail24 able on July 1, 1996, and remain available through Sep25 tember 30, 1997: Provided, That of the amount appro-
580

S 1594 RS

1 priated, $275,000,000 shall be for Eisenhower profes2 sional development State grants under title II–B and

3 $275,000,000 shall be for innovative education program

4 strategies State grants under title VI–A: Provided further,

5 That not less than $3,000,000 shall be for innovative pro6 grams under section 5111.

7 BILINGUAL AND IMMIGRANT EDUCATION

8 For carrying out, to the extent not otherwise pro9 vided, bilingual and immigrant education activities author10 ized by title VII of the Elementary and Secondary Edu11 cation Act, without regard to section 7103(b),

12 $150,000,000 of which $50,000,000 shall be for immi13 grant education programs authorized by part C: Provided,

14 That State educational agencies may use all, or any part

15 of, their part C allocation for competitive grants to local

16 educational agencies.

17 SPECIAL EDUCATION

18 For carrying out parts B, C, D, E, F, G, and H and

19 section 610(j)(2)(C) of the Individuals with Disabilities

20 Education Act, $3,245,447,000, of which $3,000,000,000

21 shall become available for obligation on July 1, 1996, and

22 shall remain available through September 30, 1997: Pro23 vided, That the Republic of the Marshall Islands and the

24 Federated States of Micronesia shall be considered juris25 dictions for the purposes of section 611(e)(1), of the Indi-
581

S 1594 RS

1 viduals with Disabilities Education Act: Provided further,

2 That notwithstanding section 621(e), funds made avail3 able for section 621 shall be distributed among each of

4 the regional centers and the Federal center in proportion

5 to the amount that each such center received in fiscal year

6 1995.

7 REHABILITATION SERVICES AND DISABILITY RESEARCH

8 For carrying out, to the extent not otherwise pro9 vided, the Rehabilitation Act of 1973, the Technology-Re10 lated Assistance for Individuals with Disabilities Act, and

11 the Helen Keller National Center Act, as amended,

12 $2,452,620,000.

13 SPECIAL INSTITUTIONS FOR PERSONS WITH

14 DISABILITIES

15 AMERICAN PRINTING HOUSE FOR THE BLIND

16 For carrying out the Act of March 3, 1879, as

17 amended (20 U.S.C. 101 et seq.), $6,680,000.

18 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

19 For the National Technical Institute for the Deaf

20 under titles I and II of the Education of the Deaf Act

21 of 1986 (20 U.S.C. 4301 et seq.), $42,180,000: Provided,

22 That from the amount available, the Institute may at its

23 discretion use funds for the endowment program as au24 thorized under section 207.
582

S 1594 RS

1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School,

3 the Model Secondary School for the Deaf, and the partial

4 support of Gallaudet University under titles I and II of

5 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

6 et seq.), $77,629,000: Provided, That from the amount

7 available, the University may at its discretion use funds

8 for the endowment program as authorized under section

9 207.

10 VOCATIONAL AND ADULT EDUCATION

11 For carrying out, to the extent not otherwise pro12 vided, the Carl D. Perkins Vocational and Applied Tech13 nology Education Act, the Adult Education Act, and the

14 National Literacy Act of 1991, $1,257,134,000, of which

15 $4,869,000 shall be for the National Institute for Lit16 eracy; and of which $1,254,215,000 shall become available

17 on July 1, 1996 and shall remain available through Sep18 tember 30, 1997: Provided, That of the amounts made

19 available under the Carl D. Perkins Vocational and Ap20 plied Technology Education Act, $5,000,000 shall be for

21 national programs under title IV without regard to section

22 451 and $350,000 shall be for evaluations under section

23 346(b) of the Act and no funds shall be available for State

24 councils under section 112.
583

S 1594 RS

1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1, 3, and 4 of part A, part

3 C, and part E of title IV of the Higher Education Act

4 of 1965, as amended, $6,389,290,000, which shall remain

5 available through September 30, 1997: Provided, That

6 notwithstanding section 401(a)(1) of the Act, there shall

7 be not to exceed 3,634,000 Pell Grant recipients in award

8 year 1995–1996.

9 The maximum Pell Grant for which a student shall

10 be eligible during award year 1996–1997 shall be $2,440:

11 Provided, That notwithstanding section 401(g) of the Act,

12 as amended, if the Secretary determines, prior to publica13 tion of the payment schedule for award year 1996–1997,

14 that the $5,038,000,000 included within this appropria15 tion for Pell Grant awards for award year 1996–1997, and

16 any funds available from the fiscal year 1995 appropria17 tion for Pell Grant awards, are insufficient to satisfy fully

18 all such awards for which students are eligible, as cal19 culated under section 401(b) of the Act, the amount paid

20 for each such award shall be reduced by either a fixed

21 or variable percentage, or by a fixed dollar amount, as de22 termined in accordance with a schedule of reductions es23 tablished by the Secretary for this purpose.
584

S 1594 RS

1 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

2 For Federal administrative expenses to carry out

3 guaranteed student loans authorized by title IV, part B,

4 of the Higher Education Act, as amended, $30,066,000.

5 HIGHER EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, parts A and B of title III, without regard to section

8 360(a)(1)(B)(ii), chapters I and II of subpart 2 and sub9 part 6 of part A of title IV, subpart 2 of part E of title

10 V, parts A, B and C of title VI, title VII, parts C, D,

11 and G of title IX, part A and subpart 1 of part B of title

12 X, and part A of title XI of the Higher Education Act

13 of 1965, as amended, Public Law 102–423, and the Mu14 tual Educational and Cultural Exchange Act of 1961;

15 $836,964,000, of which $16,712,000 for interest subsidies

16 under title VII of the Higher Education Act, as amended,

17 shall remain available until expended: Provided, That not18 withstanding sections 419D, 419E, and 419H of the

19 Higher Education Act, as amended, scholarships made

20 under title IV, part A, subpart 6 shall be prorated to

21 maintain the same number of new scholarships in fiscal

22 year 1996 as in fiscal year 1995.

23 HOWARD UNIVERSITY

24 For partial support of Howard University (20 U.S.C.

25 121 et seq.), $174,671,000: Provided, That from the
585

S 1594 RS

1 amount available, the University may at its discretion use

2 funds for the endowment program as authorized under the

3 Howard University Endowment Act (Public Law 98–480).

4 HIGHER EDUCATION FACILITIES LOANS

5 The Secretary is hereby authorized to make such ex6 penditures, within the limits of funds available under this

7 heading and in accord with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tation, as provided by section 104 of the Government Cor10 poration Control Act (31 U.S.C. 9104), as may be nec11 essary in carrying out the program for the current fiscal

12 year.

13 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

14 PROGRAM

15 For administrative expenses to carry out the existing

16 direct loan program of college housing and academic facili17 ties loans entered into pursuant to title VII, part C, of

18 the Higher Education Act, as amended, $700,000.

19 COLLEGE HOUSING LOANS

20 Pursuant to title VII, part C of the Higher Education

21 Act, as amended, for necessary expenses of the college

22 housing loans program, previously carried out under title

23 IV of the Housing Act of 1950, the Secretary shall make

24 expenditures and enter into contracts without regard to

25 fiscal year limitation using loan repayments and other re-
586

S 1594 RS

1 sources available to this account. Any unobligated bal2 ances becoming available from fixed fees paid into this ac3 count pursuant to 12 U.S.C. 1749d, relating to payment

4 of costs for inspections and site visits, shall be available

5 for the operating expenses of this account.

6 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

7 CAPITAL FINANCING, PROGRAM ACCOUNT

8 The total amount of bonds insured pursuant to sec9 tion 724 of title VII, part B of the Higher Education Act

10 shall not exceed $357,000,000, and the cost, as defined

11 in section 502 of the Congressional Budget Act of 1974,

12 of such bonds shall not exceed zero.

13 For administrative expenses to carry out the Histori14 cally Black College and University Capital Financing Pro15 gram entered into pursuant to title VII, part B of the

16 Higher Education Act, as amended, $166,000.

17 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

18 For carrying out activities authorized by the Edu19 cational Research, Development, Dissemination, and Im20 provement Act; the National Education Statistics Act; sec21 tions 2102, 3134, and 3136, parts B, C, and D of title

22 III, parts A, B, I, and K, and section 10601 of title X,

23 part C of title XIII of the Elementary and Secondary Edu24 cation Act of 1965, as amended, and title VI of the Goals

25 2000: Educate America Act, $328,268,000: Provided,
587

S 1594 RS

1 That $4,000,000 shall be for section 10601 of the Elemen2 tary and Secondary Education Act: Provided further, That

3 $25,000,000 shall be for sections 3136 and 3141 of the

4 Elementary and Secondary Education Act: Provided fur5 ther, That $51,000,000 shall be for regional laboratories,

6 $5,000,000 shall be for International Education Ex7 change, and $3,000,000 shall be for the elementary math8 ematics and science equipment projects under the fund for

9 the improvement of education: Provided further That

10 funds shall be used to extend star schools partnership

11 projects that received continuation grants in fiscal year

12 1995.

13 LIBRARIES

14 For carrying out, to the extent not otherwise pro15 vided, titles I, II, and III of the Library Services and Con16 struction Act, and title II–B of the Higher Education Act,

17 $131,505,000, of which $16,369,000 shall be used to

18 carry out the provisions of title II of the Library Services

19 and Construction Act and shall remain available until ex20 pended; and $2,500,000 shall be for section 222 and

21 $2,000,000 shall be for section 223 of the Higher Edu22 cation Act: Provided, That $1,000,000 shall be awarded

23 to a nonprofit foundation using multi-media technology to

24 document and archive not less than 40,000 holocaust sur25 vivors’ testimony: Provided further, That $1,000,000 shall
588

S 1594 RS

1 be for the continued funding of an existing demonstration

2 project making information available for public use by con3 necting Internet to a multistate consortium.

4 DEPARTMENTAL MANAGEMENT

5 PROGRAM ADMINISTRATION

6 For carrying out, to the extent not otherwise pro7 vided, the Department of Education Organization Act, in8 cluding rental of conference rooms in the District of Co9 lumbia and hire of two passenger motor vehicles,

10 $327,319,000.

11 OFFICE FOR CIVIL RIGHTS

12 For expenses necessary for the Office for Civil

13 Rights, as authorized by section 203 of the Department

14 of Education Organization Act, $55,451,000.

15 OFFICE OF THE INSPECTOR GENERAL

16 For expenses necessary for the Office of the Inspector

17 General, as authorized by section 212 of the Department

18 of Education Organization Act, $28,654,000.

19 HEADQUARTERS RENOVATION

20 For necessary expenses for the renovation of the De21 partment of Education headquarters building, $7,000,000,

22 to remain available until September 30, 1998.

23 GENERAL PROVISIONS

24 SEC. 301. No funds appropriated in this Act may be

25 used for the transportation of students or teachers (or for

26 the purchase of equipment for such transportation) in
589

S 1594 RS

1 order to overcome racial imbalance in any school or school

2 system, or for the transportation of students or teachers

3 (or for the purchase of equipment for such transportation)

4 in order to carry out a plan of racial desegregation of any

5 school or school system.

6 SEC. 302. None of the funds contained in this Act

7 shall be used to require, directly or indirectly, the trans8 portation of any student to a school other than the school

9 which is nearest the student’s home, except for a student

10 requiring special education, to the school offering such

11 special education, in order to comply with title VI of the

12 Civil Rights Act of 1964. For the purpose of this section

13 an indirect requirement of transportation of students in14 cludes the transportation of students to carry out a plan

15 involving the reorganization of the grade structure of

16 schools, the pairing of schools, or the clustering of schools,

17 or any combination of grade restructuring, pairing or clus18 tering. The prohibition described in this section does not

19 include the establishment of magnet schools.

20 SEC. 303. No funds appropriated under this Act may

21 be used to prevent the implementation of programs of vol22 untary prayer and meditation in the public schools.

23 SEC. 304. Notwithstanding any other provision of

24 law, funds available under section 458 of the Higher Edu25 cation Act shall not exceed $460,000,000 for fiscal year
590

S 1594 RS

1 1996. The Department of Education shall pay (i) adminis2 trative cost allowances owed to guaranty agencies for fiscal

3 year 1995 estimated at $95,000,000. The Department of

4 Education shall pay administrative cost allowances to

5 guaranty agencies, payable quarterly, calculated on the

6 basis of 0.85 percent of the total principal amount of loans

7 upon which insurance was issued on or after October 1,

8 1995 by such guaranty agency. Receipt of such funds and

9 uses of such funds shall be in accordance with section

10 428(f).

11 Notwithstanding section 458 of the Higher Education

12 Act, the Secretary may not use funds available under that

13 section or any other section for subsequent fiscal years

14 for administrative expenses of the William D. Ford Direct

15 Loan Program during fiscal year 1996, nor may the Sec16 retary require the return of guaranty agency reserve funds

17 during fiscal year 1996, except after consultation with ap18 propriate committees of Congress.

19 No funds available to the Secretary may be used for

20 (1) marketing, advertising or promotion of the William D.

21 Ford Direct Loan Program, or for the hiring of advertis22 ing agencies or other third parties to provide advertising

23 services, or (2) payment of administrative fees relating to

24 the William D. Ford Direct Loan Program to institutions

25 of higher education, or (3) for purposes of conducting an
591

S 1594 RS

1 evaluation of the William D. Ford Direct Loan Program

2 except as administered by the Advisory Committee on Stu3 dent Financial Assistance.

4 This title may be cited as the ‘‘Department of Edu5 cation Appropriations Act, 1996’’.

6 TITLE IV—RELATED AGENCIES

7 ARMED FORCES RETIREMENT HOME

8 For expenses necessary for the Armed Forces Retire9 ment Home to operate and maintain the United States

10 Soldiers’ and Airmen’s Home and the United States Naval

11 Home, to be paid from funds available in the Armed

12 Forces Retirement Home Trust Fund, $55,971,000, of

13 which $1,954,000 shall remain available until expended

14 for construction and renovation of the physical plants at

15 the United States Soldiers’ and Airmen’s Home and the

16 United States Naval Home: Provided, That this appro17 priation shall not be available for the payment of hos18 pitalization of members of the Soldiers’ and Airmen’s

19 Home in United States Army hospitals at rates in excess

20 of those prescribed by the Secretary of the Army upon

21 recommendation of the Board of Commissioners and the

22 Surgeon General of the Army.
592

S 1594 RS

1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $196,270,000.

8 CORPORATION FOR PUBLIC BROADCASTING

9 For payment to the Corporation for Public Broad10 casting, as authorized by the Communications Act of

11 1934, an amount which shall be available within limita12 tions specified by that Act, for the fiscal year 1998,

13 $250,000,000: Provided, That no funds made available to

14 the Corporation for Public Broadcasting by this Act shall

15 be used to pay for receptions, parties, or similar forms

16 of entertainment for Government officials or employees:

17 Provided further, That none of the funds contained in this

18 paragraph shall be available or used to aid or support any

19 program or activity from which any person is excluded,

20 or is denied benefits, or is discriminated against, on the

21 basis of race, color, national origin, religion, or sex.

22 FEDERAL MEDIATION AND CONCILIATION SERVICE

23 SALARIES AND EXPENSES

24 For expenses necessary for the Federal Mediation

25 and Conciliation Service to carry out the functions vested
593

S 1594 RS

1 in it by the Labor Management Relations Act, 1947 (29

2 U.S.C. 171–180, 182–183), including hire of passenger

3 motor vehicles; and for expenses necessary for the Labor4 Management Cooperation Act of 1978 (29 U.S.C. 175a);

5 and for expenses necessary for the Service to carry out

6 the functions vested in it by the Civil Service Reform Act,

7 Public Law 95–454 (5 U.S.C. chapter 71), $32,396,000

8 including $1,500,000, to remain available through Sep9 tember 30, 1997, for activities authorized by the Labor

10 Management Cooperation Act of 1978 (29 U.S.C. 175a):

11 Provided, That notwithstanding 31 U.S.C. 3302, fees

12 charged for special training activities up to full-cost recov13 ery shall be credited to and merged with this account, and

14 shall remain available until expended: Provided further,

15 That the Director of the Service is authorized to accept

16 on behalf of the United States gifts of services and real,

17 personal, or other property in the aid of any projects or

18 functions within the Director’s jurisdiction.

19 FEDERAL MINE SAFETY AND HEALTH REVIEW

20 COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mine Safety

23 and Health Review Commission (30 U.S.C. 801 et seq.),

24 $6,200,000.
594

S 1594 RS

1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission

5 on Libraries and Information Science, established by the

6 Act of July 20, 1970 (Public Law 91–345, as amended

7 by Public Law 102–95), $829,000.

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on

11 Disability as authorized by title IV of the Rehabilitation

12 Act of 1973, as amended, $1,793,000.

13 NATIONAL EDUCATION GOALS PANEL

14 For expenses necessary for the National Education

15 Goals Panel, as authorized by title II, part A of the Goals

16 2000: Educate America Act, $1,000,000.

17 NATIONAL LABOR RELATIONS BOARD

18 SALARIES AND EXPENSES

19 For expenses necessary for the National Labor Rela20 tions Board to carry out the functions vested in it by the

21 Labor-Management Relations Act, 1947, as amended (29

22 U.S.C. 141–167), and other laws, $167,245,000: Pro23 vided, That no part of this appropriation shall be available

24 to organize or assist in organizing agricultural laborers or

25 used in connection with investigations, hearings, direc-
595

S 1594 RS

1 tives, or orders concerning bargaining units composed of

2 agricultural laborers as referred to in section 2(3) of the

3 Act of July 5, 1935 (29 U.S.C. 152), and as amended

4 by the Labor-Management Relations Act, 1947, as amend5 ed, and as defined in section 3(f) of the Act of June 25,

6 1938 (29 U.S.C. 203), and including in said definition em7 ployees engaged in the maintenance and operation of

8 ditches, canals, reservoirs, and waterways when main9 tained or operated on a mutual, nonprofit basis and at

10 least 95 per centum of the water stored or supplied there11 by is used for farming purposes.

12 NATIONAL MEDIATION BOARD

13 SALARIES AND EXPENSES

14 For expenses necessary to carry out the provisions

15 of the Railway Labor Act, as amended (45 U.S.C. 151–

16 188), including emergency boards appointed by the Presi17 dent, $7,837,000.

18 OCCUPATIONAL SAFETY AND HEALTH REVIEW

19 COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary for the Occupational Safety

22 and Health Review Commission (29 U.S.C. 661),

23 $8,100,000.
596

S 1594 RS

1 PHYSICIAN PAYMENT REVIEW COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out section 1845(a)

4 of the Social Security Act, $2,923,000, to be transferred

5 to this appropriation from the Federal Supplementary

6 Medical Insurance Trust Fund.

7 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out section 1886(e)

10 of the Social Security Act, $3,267,000, to be transferred

11 to this appropriation from the Federal Hospital Insurance

12 and the Federal Supplementary Medical Insurance Trust

13 Funds.

14 SOCIAL SECURITY ADMINISTRATION

15 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

16 For payment to the Federal Old-Age and Survivors

17 Insurance and the Federal Disability Insurance trust

18 funds, as provided under sections 201(m), 228(g), and

19 1131(b)(2) of the Social Security Act, $22,641,000.

20 In addition, to reimburse these trust funds for admin21 istrative expenses to carry out sections 9704 and 9706 of

22 the Internal Revenue Code of 1986, $10,000,000, to re23 main available until expended.
597

S 1594 RS

1 SPECIAL BENEFITS FOR DISABLED COAL MINERS

2 For carrying out title IV of the Federal Mine Safety

3 and Health Act of 1977, $485,396,000, to remain avail4 able until expended.

5 For making, after July 31 of the current fiscal year,

6 benefit payments to individuals under title IV of the Fed7 eral Mine Safety and Health Act of 1977, for costs in8 curred in the current fiscal year, such amounts as may

9 be necessary.

10 For making benefit payments under title IV of the

11 Federal Mine Safety and Health Act of 1977 for the first

12 quarter of fiscal year 1997, $170,000,000, to remain

13 available until expended.

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Se16 curity Act, section 401 of Public Law 92–603, section 212

17 of Public Law 93–66, as amended, and section 405 of

18 Public Law 95–216, including payment to the Social Secu19 rity trust funds for administrative expenses incurred pur20 suant to section 201(g)(1) of the Social Security Act,

21 $18,595,012,000, to remain available until expended: Pro22 vided, That any portion of the funds provided to a State

23 in the current fiscal year and not obligated by the State

24 during that year shall be returned to the Treasury.
598

S 1594 RS

1 For making, after June 15 of the current fiscal year,

2 benefit payments to individuals under title XVI of the So3 cial Security Act, for unanticipated costs incurred for the

4 current fiscal year, such sums as may be necessary.

5 For carrying out title XVI of the Social Security Act

6 for the first quarter of fiscal year 1997, $9,260,000,000,

7 to remain available until expended.

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 For necessary expenses, including the hire of two me10 dium size passenger motor vehicles, and not to exceed

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

12 not more than $5,271,183,000 may be expended, as au13 thorized by section 201(g)(1) of the Social Security Act

14 or as necessary to carry out sections 9704 and 9706 of

15 the Internal Revenue Code of 1986 from any one or all

16 of the trust funds referred to therein: Provided, That reim17 bursement to the trust funds under this heading for ad18 ministrative expenses to carry out sections 9704 and 9706

19 of the Internal Revenue Code of 1986 shall be made, with

20 interest, not later than September 30, 1997: Provided fur21 ther, That unobligated balances at the end of fiscal year

22 1996 shall remain available until expended for a state-of23 the-art computing network, including related equipment

24 and administrative expenses associated solely with this

25 network.
599

S 1594 RS

1 In addition to funding already available under this

2 heading, and subject to the same terms and conditions,

3 $407,000,000, for disability caseload processing.

4 In addition to funding already available under this

5 heading, and subject to the same terms and conditions,

6 $167,000,000, which shall remain available until ex7 pended, to invest in a state-of-the-art computing network,

8 including related equipment and administrative expenses

9 associated solely with this network, for the Social Security

10 Administration and the State Disability Determination

11 Services, may be expended from any or all of the trust

12 funds as authorized by section 201(g)(1) of the Social

13 Security Act.

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, $4,816,000, together

18 with not to exceed $21,076,000, to be transferred and ex19 pended as authorized by section 201(g)(1) of the Social

20 Security Act from the Federal Old-Age and Survivors In21 surance Trust Fund and the Federal Disability Insurance

22 Trust Fund.

23 RAILROAD RETIREMENT BOARD

24 DUAL BENEFITS PAYMENTS ACCOUNT

25 For payment to the Dual Benefits Payments Ac26 count, authorized under section 15(d) of the Railroad Re-
600

S 1594 RS

1 tirement Act of 1974, $239,000,000, which shall include

2 amounts becoming available in fiscal year 1996 pursuant

3 to section 224(c)(1)(B) of Public Law 98–76; and in addi4 tion, an amount, not to exceed 2 percent of the amount

5 provided herein, shall be available proportional to the

6 amount by which the product of recipients and the average

7 benefit received exceeds $239,000,000: Provided, That the

8 total amount provided herein shall be credited in 12 ap9 proximately equal amounts on the first day of each month

10 in the fiscal year.

11 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

12 ACCOUNTS

13 For payment to the accounts established in the

14 Treasury for the payment of benefits under the Railroad

15 Retirement Act for interest earned on unnegotiated

16 checks, $300,000, to remain available through September

17 30, 1997, which shall be the maximum amount available

18 for payment pursuant to section 417 of Public Law 98–

19 76.

20 LIMITATION ON ADMINISTRATION

21 For necessary expenses for the Railroad Retirement

22 Board in administering the Railroad Retirement Act and

23 the Railroad Unemployment Insurance Act, $89,094,000,

24 to be derived as authorized by section 15(h) of the Rail25 road Retirement Act and section 10(a) of the Railroad
601

S 1594 RS

1 Unemployment Insurance Act, from the accounts referred

2 to in those sections.

3 SPECIAL MANAGEMENT IMPROVEMENT FUND

4 To effect management improvements, including the

5 reduction of backlogs, accuracy of taxation accounting,

6 and debt collection, $659,000, to be derived from the rail7 road retirement accounts and railroad unemployment in8 surance account: Provided, That these funds shall supple9 ment, not supplant, existing resources devoted to such op10 erations and improvements.

11 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector

13 General for audit, investigatory and review activities, as

14 authorized by the Inspector General Act of 1978, as

15 amended, not more than $5,673,000, to be derived from

16 the railroad retirement accounts and railroad unemploy17 ment insurance account.

18 UNITED STATES INSTITUTE OF PEACE

19 OPERATING EXPENSES

20 For necessary expenses of the United States Institute

21 of Peace as authorized in the United States Institute of

22 Peace Act, $11,500,000.

23 TITLE V—GENERAL PROVISIONS

24 SEC. 501. The Secretaries of Labor, Health and

25 Human Services, and Education are authorized to transfer
602

S 1594 RS

1 unexpended balances of prior appropriations to accounts

2 corresponding to current appropriations provided in this

3 Act: Provided, That such transferred balances are used for

4 the same purpose, and for the same periods of time, for

5 which they were originally appropriated.

6 SEC. 502. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

9 SEC. 503. (a) No part of any appropriation contained

10 in this Act shall be used, other than for normal and recog11 nized executive-legislative relationships, for publicity or

12 propaganda purposes, for the preparation, distribution, or

13 use of any kit, pamphlet, booklet, publication, radio, tele14 vision, or film presentation designed to support or defeat

15 legislation pending before the Congress, except in presen16 tation to the Congress itself.

17 (b) No part of any appropriation contained in this

18 Act shall be used to pay the salary or expenses of any

19 grant or contract recipient, or agent acting for such recipi20 ent, related to any activity designed to influence legislation

21 or appropriations pending before the Congress.

22 SEC. 504. The Secretaries of Labor and Education

23 are each authorized to make available not to exceed

24 $15,000 from funds available for salaries and expenses

25 under titles I and III, respectively, for official reception
603

S 1594 RS

1 and representation expenses; the Director of the Federal

2 Mediation and Conciliation Service is authorized to make

3 available for official reception and representation expenses

4 not to exceed $2,500 from the funds available for ‘‘Sala5 ries and expenses, Federal Mediation and Conciliation

6 Service’’; and the Chairman of the National Mediation

7 Board is authorized to make available for official reception

8 and representation expenses not to exceed $2,500 from

9 funds available for ‘‘Salaries and expenses, National Medi10 ation Board’’.

11 SEC. 505. Notwithstanding any other provision of

12 this Act, no funds appropriated under this Act shall be

13 used to carry out any program of distributing sterile nee14 dles for the hypodermic injection of any illegal drug unless

15 the Secretary of Health and Human Services determines

16 that such programs are effective in preventing the spread

17 of HIV and do not encourage the use of illegal drugs.

18 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

19 EQUIPMENT AND PRODUCTS.—It is the sense of the Con20 gress that, to the greatest extent practicable, all equip21 ment and products purchased with funds made available

22 in this Act should be American-made.

23 (b) NOTICE REQUIREMENT.—In providing financial

24 assistance to, or entering into any contract with, any en25 tity using funds made available in this Act, the head of
604

S 1594 RS

1 each Federal agency, to the greatest extent practicable,

2 shall provide to such entity a notice describing the state3 ment made in subsection (a) by the Congress.

4 SEC. 507. When issuing statements, press releases,

5 requests for proposals, bid solicitations and other docu6 ments describing projects or programs funded in whole or

7 in part with Federal money, all grantees receiving Federal

8 funds, including but not limited to State and local govern9 ments and recipients of Federal research grants, shall

10 clearly state (1) the percentage of the total costs of the

11 program or project which will be financed with Federal

12 money, (2) the dollar amount of Federal funds for the

13 project or program, and (3) percentage and dollar amount

14 of the total costs of the project or program that will be

15 financed by nongovernmental sources.

16 SEC. 508. None of the funds appropriated under this

17 Act shall be expended for any abortion except when it is

18 made known to the Federal entity or official to which

19 funds are appropriated under this Act that such procedure

20 is necessary to save the life of the mother or that the preg21 nancy is the result of an act of rape or incest.

22 SEC. 509. Notwithstanding any other provision of

23 law—

24 (1) no amount may be transferred from an ap25 propriation account for the Departments of Labor,
605

S 1594 RS

1 Health and Human Services, and Education except

2 as authorized in this or any subsequent appropria3 tion act, or in the Act establishing the program or

4 activity for which funds are contained in this Act;

5 (2) no department, agency, or other entity,

6 other than the one responsible for administering the

7 program or activity for which an appropriation is

8 made in this Act, may exercise authority for the tim9 ing of the obligation and expenditure of such appro10 priation, or for the purposes for which it is obligated

11 and expended, except to the extent and in the man12 ner otherwise provided in sections 1512 and 1513 of

13 title 31, United States Code; and

14 (3) no funds provided under this Act shall be

15 available for the salary (or any part thereof) of an

16 employee who is reassigned on a temporary detail

17 basis to another position in the employing agency or

18 department or in any other agency or department,

19 unless the detail is independently approved by the

20 head of the employing department or agency.

21 SEC. 510. LIMITATION ON USE OF FUNDS.—None

22 of the funds made available in this Act may be used for

23 the expenses of an electronic benefit transfer (EBT) task

24 force.
606

S 1594 RS

1 SEC. 511. None of the funds made available in this

2 Act may be used to enforce the requirements of section

3 428(b)(1)(U)(iii) of the Higher Education Act of 1965

4 with respect to any lender when it is made known to the

5 Federal official having authority to obligate or expend

6 such funds that the lender has a loan portfolio under part

7 B of title IV of such Act that is equal to or less than

8 $5,000,000.

9 SEC. 512. None of the funds made available in this

10 Act may be used for Pell Grants under subpart 1 of part

11 A of title IV of the Higher Education Act of 1965 to stu12 dents attending an institution of higher education that is

13 ineligible to participate in a loan program under such title

14 as a result of a default determination under section

15 435(a)(2) of such Act, unless such institution has a par16 ticipation rate index (as defined at 34 CFR 668.17) that

17 is less than or equal to 0.0375.

18 SEC. 513. No more than 1 percent of salaries appro19 priated for each Agency in this Act may be expended by

20 that Agency on cash performance awards: Provided, That

21 of the budgetary resources available to Agencies in this

22 Act for salaries and expenses during fiscal year 1996,

23 $30,500,000, to be allocated by the Office of Management

24 and Budget, are permanently canceled: Provided further,
607

S 1594 RS

1 That the foregoing proviso shall not apply to the Food

2 and Drug Administration and the Indian Health Service.

3 SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—

4 Section 428H(d)(2) of the Higher Education Act of 1965

5 (20 U.S.C. 1078–8(d)(2)) is amended by striking out the

6 period at the end thereof and inserting in lieu thereof a

7 semicolon and the following:

8 ‘‘except in cases where the Secretary determines, that a

9 higher amount is warranted in order to carry out the pur10 pose of this part with respect to students engaged in spe11 cialized training requiring exceptionally high costs of edu12 cation, but the annual insurable limit per student shall

13 not be deemed to be exceeded by a line of credit under

14 which actual payments by the lender to the borrower will

15 not be made in any years in excess of the annual limit.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall be effective for loans made to cover

18 the cost of instruction for periods of enrollment beginning

19 on or after July 1, 1996.

20 This Act may be cited as the ‘‘Departments of Labor,

21 Health and Human Services, and Education, and Related

22 Agencies Appropriations Act, 1996’’.

23 (e) Such amounts as may be necessary for programs,

24 projects or activities provided for in the Departments of

25 Veterans Affairs and Housing and Urban Development,
608

S 1594 RS

1 and Independent Agencies Appropriations Act, 1996 at a

2 rate of operations and to the extent and in the manner

3 provided as follows, to be effective as if it had been en4 acted into law as the regular appropriations Act:

5 AN ACT

6 Making appropriations for the Departments of Veter7 ans Affairs and Housing and Urban Development, and for

8 sundry independent agencies, boards, commissions, cor9 porations, and offices for the fiscal year ending September

10 30, 1996, and for other purposes.

11 TITLE I

12 DEPARTMENT OF VETERANS AFFAIRS

13 VETERANS BENEFITS ADMINISTRATION

14 COMPENSATION AND PENSIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the payment of compensation benefits to or on

17 behalf of veterans as authorized by law (38 U.S.C. 107,

18 chapters 11, 13, 51, 53, 55, and 61); pension benefits to

19 or on behalf of veterans as authorized by law (38 U.S.C.

20 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur21 ial benefits, emergency and other officers’ retirement pay,

22 adjusted-service credits and certificates, payment of pre23 miums due on commercial life insurance policies guaran24 teed under the provisions of Article IV of the Soldiers’

25 and Sailors’ Civil Relief Act of 1940, as amended, and

26 for other benefits as authorized by law (38 U.S.C. 107,
609

S 1594 RS

1 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

2 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

3 76 Stat. 1198); $18,331,561,000, to remain available

4 until expended: Provided, That not to exceed $25,180,000

5 of the amount appropriated shall be reimbursed to ‘‘Gen6 eral operating expenses’’ and ‘‘Medical care’’ for necessary

7 expenses in implementing those provisions authorized in

8 the Omnibus Budget Reconciliation Act of 1990, and in

9 the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters

10 51, 53, and 55), the funding source for which is specifi11 cally provided as the ‘‘Compensation and pensions’’ appro12 priation: Provided further, That such sums as may be

13 earned on an actual qualifying patient basis, shall be reim14 bursed to ‘‘Medical facilities revolving fund’’ to augment

15 the funding of individual medical facilities for nursing

16 home care provided to pensioners as authorized by the

17 Veterans’ Benefits Act of 1992 (38 U.S.C. chapter 55):

18 Provided further, That $12,000,000 previously transferred

19 from ‘‘Compensation and pensions’’ to ‘‘Medical facilities

20 revolving fund’’ shall be transferred to this heading.

21 READJUSTMENT BENEFITS

22 For the payment of readjustment and rehabilitation

23 benefits to or on behalf of veterans as authorized by law

24 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,

25 55, and 61), $1,345,300,000, to remain available until ex26 pended: Provided, That funds shall be available to pay any
610

S 1594 RS

1 court order, court award or any compromise settlement

2 arising from litigation involving the vocational training

3 program authorized by section 18 of Public Law 98–77,

4 as amended.

5 VETERANS INSURANCE AND INDEMNITIES

6 For military and naval insurance, national service life

7 insurance, servicemen’s indemnities, service-disabled vet8 erans insurance, and veterans mortgage life insurance as

9 authorized by law (38 U.S.C. chapter 19; 70 Stat. 887;

10 72 Stat. 487), $24,890,000, to remain available until ex11 pended.

12 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 For the cost of direct and guaranteed loans, such

15 sums as may be necessary to carry out the purpose of the

16 program, as authorized by 38 U.S.C. chapter 37, as

17 amended: Provided, That such costs, including the cost of

18 modifying such loans, shall be as defined in section 502

19 of the Congressional Budget Act of 1974, as amended.

20 In addition, for administrative expenses to carry out

21 the direct and guaranteed loan programs, $65,226,000,

22 which may be transferred to and merged with the appro23 priation for ‘‘General operating expenses’’.
611

S 1594 RS

1 LOAN GUARANTY PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct and guaranteed loans, such

4 sums as may be necessary to carry out the purpose of the

5 program, as authorized by 38 U.S.C. chapter 37, as

6 amended: Provided, That such costs, including the cost of

7 modifying such loans, shall be as defined in section 502

8 of the Congressional Budget Act of 1974, as amended.

9 In addition, for administrative expenses to carry out

10 the direct and guaranteed loan programs, $52,138,000,

11 which may be transferred to and merged with the appro12 priation for ‘‘General operating expenses’’.

13 DIRECT LOAN PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 For the cost of direct loans, such sums as may be

16 necessary to carry out the purpose of the program, as au17 thorized by 38 U.S.C. chapter 37, as amended: Provided,

18 That such costs, including the cost of modifying such

19 loans, shall be as defined in section 502 of the Congres20 sional Budget Act of 1974, as amended: Provided further,

21 That during 1996, within the resources available, not to

22 exceed $300,000 in gross obligations for direct loans are

23 authorized for specially adapted housing loans (38 U.S.C.

24 chapter 37).

25 In addition, for administrative expenses to carry out

26 the direct loan program, $459,000, which may be trans-
612

S 1594 RS

1 ferred to and merged with the appropriation for ‘‘General

2 operating expenses’’.

3 EDUCATION LOAN FUND PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

5 For the cost of direct loans, $1,000, as authorized

6 by 38 U.S.C. 3698, as amended: Provided, That such

7 costs, including the cost of modifying such loans, shall be

8 as defined in section 502 of the Congressional Budget Act

9 of 1974, as amended: Provided further, That these funds

10 are available to subsidize gross obligations for the prin11 cipal amount of direct loans not to exceed $4,000.

12 In addition, for administrative expenses necessary to

13 carry out the direct loan program, $195,000, which may

14 be transferred to and merged with the appropriation for

15 ‘‘General operating expenses’’.

16 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the cost of direct loans, $54,000, as authorized

19 by 38 U.S.C. chapter 31, as amended: Provided, That such

20 costs, including the cost of modifying such loans, shall be

21 as defined in section 502 of the Congressional Budget Act

22 of 1974, as amended: Provided further, That these funds

23 are available to subsidize gross obligations for the prin24 cipal amount of direct loans not to exceed $1,964,000.

25 In addition, for administrative expenses necessary to

26 carry out the direct loan program, $377,000, which may
613

S 1594 RS

1 be transferred to and merged with the appropriation for

2 ‘‘General operating expenses’’.

3 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For administrative expenses to carry out the direct

7 loan program authorized by 38 U.S.C. chapter 37, sub8 chapter V, as amended, $205,000, which may be trans9 ferred to and merged with the appropriation for ‘‘General

10 operating expenses’’.

11 VETERANS HEALTH ADMINISTRATION

12 MEDICAL CARE

13 For necessary expenses for the maintenance and op14 eration of hospitals, nursing homes, and domiciliary facili15 ties; for furnishing, as authorized by law, inpatient and

16 outpatient care and treatment to beneficiaries of the De17 partment of Veterans Affairs, including care and treat18 ment in facilities not under the jurisdiction of the Depart19 ment of Veterans Affairs, and furnishing recreational fa20 cilities, supplies, and equipment; funeral, burial, and other

21 expenses incidental thereto for beneficiaries receiving care

22 in Department of Veterans Affairs facilities; administra23 tive expenses in support of planning, design, project man24 agement, real property acquisition and disposition, con25 struction and renovation of any facility under the jurisdic26 tion or for the use of the Department of Veterans Affairs;
614

S 1594 RS

1 oversight, engineering and architectural activities not

2 charged to project cost; repairing, altering, improving or

3 providing facilities in the several hospitals and homes

4 under the jurisdiction of the Department of Veterans Af5 fairs, not otherwise provided for, either by contract or by

6 the hire of temporary employees and purchase of mate7 rials; uniforms or allowances therefor, as authorized by

8 law (5 U.S.C. 5901–5902); aid to State homes as author9 ized by law (38 U.S.C. 1741); and not to exceed

10 $8,000,000 to fund cost comparison studies as referred

11 to in 38 U.S.C. 8110(a)(5); $16,564,000,000, plus reim12 bursements: Provided, That of the funds made available

13 under this heading, $789,000,000 is for the equipment

14 and land and structures object classifications only, which

15 amount shall not become available for obligation until Au16 gust 1, 1996, and shall remain available for obligation

17 until September 30, 1997.

18 MEDICAL AND PROSTHETIC RESEARCH

19 For necessary expenses in carrying out programs of

20 medical and prosthetic research and development as au21 thorized by law (38 U.S.C. chapter 73), to remain avail22 able until September 30, 1997, $257,000,000, plus reim23 bursements.
615

S 1594 RS

1 MEDICAL ADMINISTRATION AND MISCELLANEOUS

2 OPERATING EXPENSES

3 For necessary expenses in the administration of the

4 medical, hospital, nursing home, domiciliary, construction,

5 supply, and research activities, as authorized by law; ad6 ministrative expenses in support of planning, design,

7 project management, architectural, engineering, real prop8 erty acquisition and disposition, construction and renova9 tion of any facility under the jurisdiction or for the use

10 of the Department of Veterans Affairs, including site ac11 quisition; engineering and architectural activities not

12 charged to project cost; and research and development in

13 building construction technology; $63,602,000, plus reim14 bursements.

15 TRANSITIONAL HOUSING LOAN PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For the cost of direct loans, $7,000, as authorized

18 by Public Law 102–54, section 8, which shall be trans19 ferred from the ‘‘General post fund’’: Provided, That such

20 costs, including the cost of modifying such loans, shall be

21 as defined in section 502 of the Congressional Budget Act

22 of 1974, as amended: Provided further, That these funds

23 are available to subsidize gross obligations for the prin24 cipal amount of direct loans not to exceed $70,000. In ad25 dition, for administrative expenses to carry out the direct

26 loan program, $54,000, which shall be transferred from
616

S 1594 RS

1 the ‘‘General post fund’’, as authorized by Public Law

2 102–54, section 8.

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL OPERATING EXPENSES

5 For necessary operating expenses of the Department

6 of Veterans Affairs, not otherwise provided for, including

7 uniforms or allowances therefor, as authorized by law; not

8 to exceed $25,000 for official reception and representation

9 expenses; hire of passenger motor vehicles; and reimburse10 ment of the General Services Administration for security

11 guard services, and the Department of Defense for the

12 cost of overseas employee mail; $848,143,000: Provided,

13 That of the amount appropriated and any other funds

14 made available from any other source for activities funded

15 under this heading, except reimbursements, not to exceed

16 $214,109,000 shall be available for General Administra17 tion; including not to exceed (1) $50,000 for travel in the

18 Office of the Secretary, (2) $75,000 for travel in the Office

19 of the Assistant Secretary for Policy and Planning, (3)

20 $33,000 for travel in the Office of the Assistant Secretary

21 for Congressional Affairs, and (4) $100,000 for travel in

22 the Office of Assistant Secretary for Public and Intergov23 ernmental Affairs: Provided further, That during fiscal

24 year 1996, notwithstanding any other provision of law, the

25 number of individuals employed by the Department of Vet-
617

S 1594 RS

1 erans Affairs (1) in other than ‘‘career appointee’’ posi2 tions in the Senior Executive Service shall not exceed 6,

3 and (2) in schedule C positions shall not exceed 11: Pro4 vided further, That not to exceed $6,000,000 of the

5 amount appropriated shall be available for administrative

6 expenses to carry out the direct and guaranteed loan pro7 grams under the Loan Guaranty Program Account: Pro8 vided further, That funds under this heading shall be avail9 able to administer the Service Members Occupational Con10 version and Training Act: Provided further, That none of

11 the funds under this heading may be obligated or ex12 pended for the acquisition of automated data processing

13 equipment and services for Department of Veterans Af14 fairs regional offices to support Stage III of the automated

15 data equipment modernization program of the Veterans

16 Benefits Administration.

17 NATIONAL CEMETERY SYSTEM

18 For necessary expenses for the maintenance and op19 eration of the National Cemetery System not otherwise

20 provided for, including uniforms or allowances therefor, as

21 authorized by law; cemeterial expenses as authorized by

22 law; purchase of three passenger motor vehicles, for use

23 in cemeterial operations; and hire of passenger motor vehi24 cles, $72,604,000.
618

S 1594 RS

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $30,900,000.

5 CONSTRUCTION, MAJOR PROJECTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For constructing, altering, extending and improving

8 any of the facilities under the jurisdiction or for the use

9 of the Department of Veterans Affairs, or for any of the

10 purposes set forth in sections 316, 2404, 2406, 8102,

11 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit12 ed States Code, including planning, architectural and en13 gineering services, maintenance or guarantee period serv14 ices costs associated with equipment guarantees provided

15 under the project, services of claims analysts, offsite utility

16 and storm drainage system construction costs, and site ac17 quisition, where the estimated cost of a project is

18 $3,000,000 or more or where funds for a project were

19 made available in a previous major project appropriation,

20 $136,155,000, to remain available until expended: Pro21 vided, That except for advance planning of projects funded

22 through the advance planning fund and the design of

23 projects funded through the design fund, none of these

24 funds shall be used for any project which has not been

25 considered and approved by the Congress in the budgetary

26 process: Provided further, That funds provided in this ap-
619

S 1594 RS

1 propriation for fiscal year 1996, for each approved project

2 shall be obligated (1) by the awarding of a construction

3 documents contract by September 30, 1996, and (2) by

4 the awarding of a construction contract by September 30,

5 1997: Provided further, That the Secretary shall promptly

6 report in writing to the Comptroller General and to the

7 Committees on Appropriations any approved major con8 struction project in which obligations are not incurred

9 within the time limitations established above; and the

10 Comptroller General shall review the report in accordance

11 with the procedures established by section 1015 of the Im12 poundment Control Act of 1974 (title X of Public Law

13 93–344): Provided further, That no funds from any other

14 account except the ‘‘Parking revolving fund’’, may be obli15 gated for constructing, altering, extending, or improving

16 a project which was approved in the budget process and

17 funded in this account until one year after substantial

18 completion and beneficial occupancy by the Department

19 of Veterans Affairs of the project or any part thereof with

20 respect to that part only: Provided further, That of the

21 funds made available under this heading in Public Law

22 103–327, $7,000,000 shall be transferred to the ‘‘Parking

23 revolving fund’’.

24 CONSTRUCTION, MINOR PROJECTS

25 For constructing, altering, extending, and improving

26 any of the facilities under the jurisdiction or for the use
620

S 1594 RS

1 of the Department of Veterans Affairs, including plan2 ning, architectural and engineering services, maintenance

3 or guarantee period services costs associated with equip4 ment guarantees provided under the project, services of

5 claims analysts, offsite utility and storm drainage system

6 construction costs, and site acquisition, or for any of the

7 purposes set forth in sections 316, 2404, 2406, 8102,

8 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit9 ed States Code, where the estimated cost of a project is

10 less than $3,000,000, $190,000,000, to remain available

11 until expended, along with unobligated balances of pre12 vious ‘‘Construction, minor projects’’ appropriations which

13 are hereby made available for any project where the esti14 mated cost is less than $3,000,000: Provided, That funds

15 in this account shall be available for (1) repairs to any

16 of the nonmedical facilities under the jurisdiction or for

17 the use of the Department of Veterans Affairs which are

18 necessary because of loss or damage caused by any natural

19 disaster or catastrophe, and (2) temporary measures nec20 essary to prevent or to minimize further loss by such

21 causes.

22 PARKING REVOLVING FUND

23 For the parking revolving fund as authorized by law

24 (38 U.S.C. 8109), income from fees collected, to remain

25 available until expended. Resources of this fund shall be

26 available for all expenses authorized by 38 U.S.C. 8109
621

S 1594 RS

1 except operations and maintenance costs which will be

2 funded from ‘‘Medical care’’.

3 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

4 FACILITIES

5 For grants to assist the several States to acquire or

6 construct State nursing home and domiciliary facilities

7 and to remodel, modify or alter existing hospital, nursing

8 home and domiciliary facilities in State homes, for furnish9 ing care to veterans as authorized by law (38 U.S.C.

10 8131–8137), $47,397,000, to remain available until ex11 pended.

12 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

13 CEMETERIES

14 For grants to aid States in establishing, expanding,

15 or improving State veteran cemeteries as authorized by

16 law (38 U.S.C. 2408), $1,000,000, to remain available

17 until September 30, 1998.

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 101. Any appropriation for 1996 for ‘‘Com21 pensation and pensions’’, ‘‘Readjustment benefits’’, and

22 ‘‘Veterans insurance and indemnities’’ may be transferred

23 to any other of the mentioned appropriations.

24 SEC. 102. Appropriations available to the Depart25 ment of Veterans Affairs for 1996 for salaries and ex-
622

S 1594 RS

1 penses shall be available for services as authorized by 5

2 U.S.C. 3109.

3 SEC. 103. No part of the appropriations in this Act

4 for the Department of Veterans Affairs (except the appro5 priations for ‘‘Construction, major projects’’, ‘‘Construc6 tion, minor projects’’, and the ‘‘Parking revolving fund’’)

7 shall be available for the purchase of any site for or toward

8 the construction of any new hospital or home.

9 SEC. 104. No part of the foregoing appropriations

10 shall be available for hospitalization or examination of any

11 persons except beneficiaries entitled under the laws be12 stowing such benefits to veterans, unless reimbursement

13 of cost is made to the appropriation at such rates as may

14 be fixed by the Secretary of Veterans Affairs.

15 SEC. 105. Appropriations available to the Depart16 ment of Veterans Affairs for fiscal year 1996 for ‘‘Com17 pensation and pensions’’, ‘‘Readjustment benefits’’, and

18 ‘‘Veterans insurance and indemnities’’ shall be available

19 for payment of prior year accrued obligations required to

20 be recorded by law against the corresponding prior year

21 accounts within the last quarter of fiscal year 1995.

22 SEC. 106. Appropriations accounts available to the

23 Department of Veterans Affairs for fiscal year 1996 shall

24 be available to pay prior year obligations of corresponding

25 prior year appropriations accounts resulting from title X
623

S 1594 RS

1 of the Competitive Equality Banking Act, Public Law

2 100–86, except that if such obligations are from trust

3 fund accounts they shall be payable from ‘‘Compensation

4 and pensions’’.

5 SEC. 108. Notwithstanding any other provision of

6 law, the Secretary of Veterans Affairs is authorized to

7 transfer, without compensation or reimbursement, the ju8 risdiction and control of a parcel of land consisting of ap9 proximately 6.3 acres, located on the south edge of the

10 Department of Veterans Affairs Medical and Regional Of11 fice Center, Wichita, Kansas, including buildings Nos. 8

12 and 30 and other improvements thereon, to the Secretary

13 of Transportation for the purpose of expanding and mod14 ernizing United States Highway 54: Provided, That if nec15 essary, the exact acreage and legal description of the real

16 property transferred shall be determined by a survey satis17 factory to the Secretary of Veterans Affairs and the Sec18 retary of Transportation shall bear the cost of such sur19 vey: Provided further, That the Secretary of Transpor20 tation shall be responsible for all costs associated with the

21 transferred land and improvements thereon, and compli22 ance with all existing statutes and regulations: Provided

23 further, That the Secretary of Veterans Affairs and the

24 Secretary of Transportation may require such additional
624

S 1594 RS

1 terms and conditions as each Secretary considers appro2 priate to effectuate this transfer of land.

3 TITLE II

4 DEPARTMENT OF HOUSING AND URBAN

5 DEVELOPMENT

6 HOUSING PROGRAMS

7 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

8 For assistance under the United States Housing Act

9 of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C. 1437),

10 not otherwise provided for, $10,103,795,000, to remain

11 available until expended: Provided, That of the total

12 amount provided under this head, $160,000,000 shall be

13 for the development or acquisition cost of public housing

14 for Indian families, including amounts for housing under

15 the mutual help homeownership opportunity program

16 under section 202 of the Act (42 U.S.C. 1437bb): Pro17 vided further, That of the total amount provided under

18 this head, $2,500,000,000 shall be for modernization of

19 existing public housing projects pursuant to section 14 of

20 the Act (42 U.S.C. 1437l), including up to $20,000,000

21 for the inspection of public housing units, contract exper22 tise, and training and technical assistance, directly or indi23 rectly, under grants, contracts, or cooperative agreements,

24 to assist in the oversight and management of public and

25 Indian housing (whether or not the housing is being mod-
625

S 1594 RS

1 ernized with assistance under this proviso) or tenant-based

2 assistance, including, but not limited to, an annual resi3 dent survey, data collection and analysis, training and

4 technical assistance by or to officials and employees of the

5 Department and of public housing agencies and to resi6 dents in connection with the public and Indian housing

7 program, or for carrying out activities under section 6(j)

8 of the Act: Provided further, That of the total amount pro9 vided under this head, $400,000,000 shall be for rental

10 subsidy contracts under the section 8 existing housing cer11 tificate program and the housing voucher program under

12 section 8 of the Act, except that such amounts shall be

13 used only for units necessary to provide housing assistance

14 for residents to be relocated from existing federally sub15 sidized or assisted housing, for replacement housing for

16 units demolished or disposed of (including units to be dis17 posed of pursuant to a homeownership program under sec18 tion 5(h) or title III of the United States Housing Act

19 of 1937) from the public housing inventory, for funds re20 lated to litigation settlements, for the conversion of section

21 23 projects to assistance under section 8, for public hous22 ing agencies to implement allocation plans approved by the

23 Secretary for designated housing, for funds to carry out

24 the family unification program, and for the relocation of

25 witnesses in connection with efforts to combat crime in
626

S 1594 RS

1 public and assisted housing pursuant to a request from

2 a law enforcement or prosecution agency: Provided further,

3 That of the total amount provided under this head,

4 $4,350,862,000 shall be for assistance under the United

5 States Housing Act of 1937 (42 U.S.C. 1437) for use in

6 connection with expiring or terminating section 8 subsidy

7 contracts, such amounts shall be merged with all remain8 ing obligated and unobligated balances heretofore appro9 priated under the heading ‘‘Renewal of expiring section

10 8 subsidy contracts’’: Provided further, That notwithstand11 ing any other provision of law, assistance reserved under

12 the two preceding provisos may be used in connection with

13 any provision of Federal law enacted in this Act or after

14 the enactment of this Act that authorizes the use of rental

15 assistance amounts in connection with such terminated or

16 expired contracts: Provided further, That the Secretary

17 may determine not to apply section 8(o)(6)(B) of the Act

18 to housing vouchers during fiscal year 1996: Provided fur19 ther, That of the total amount provided under this head,

20 $610,575,000 shall be for amendments to section 8 con21 tracts other than contracts for projects developed under

22 section 202 of the Housing Act of 1959, as amended; and

23 $209,000,000 shall be for section 8 assistance and reha24 bilitation grants for property disposition: Provided further,

25 That 50 per centum of the amounts of budget authority,
627

S 1594 RS

1 or in lieu thereof 50 per centum of the cash amounts asso2 ciated with such budget authority, that are recaptured

3 from projects described in section 1012(a) of the Stewart

4 B. McKinney Homeless Assistance Amendments Act of

5 1988 (Public Law 100–628, 102 Stat. 3224, 3268) shall

6 be rescinded, or in the case of cash, shall be remitted to

7 the Treasury, and such amounts of budget authority or

8 cash recaptured and not rescinded or remitted to the

9 Treasury shall be used by State housing finance agencies

10 or local governments or local housing agencies with

11 projects approved by the Secretary of Housing and Urban

12 Development for which settlement occurred after January

13 1, 1992, in accordance with such section: Provided further,

14 That of the total amount provided under this head,

15 $171,000,000 shall be for housing opportunities for per16 sons with AIDS under title VIII, subtitle D of the Cran17 ston-Gonzalez National Affordable Housing Act; and

18 $65,000,000 shall be for the lead-based paint hazard re19 duction program as authorized under sections 1011 and

20 1053 of the Residential Lead-Based Hazard Reduction

21 Act of 1992: Provided further, That the Secretary may

22 make up to $5,000,000 of any amount recaptured in this

23 account available for the development of performance and

24 financial systems.
628

S 1594 RS

1 Of the total amount provided under this head,

2 $624,000,000, plus amounts recaptured from interest re3 duction payment contracts for section 236 projects whose

4 owners prepay their mortgages during fiscal year 1996

5 (which amounts shall be transferred and merged with this

6 account), shall be for use in conjunction with properties

7 that are eligible for assistance under the Low Income

8 Housing Preservation and Resident Homeownership Act

9 of 1990 (LIHPRHA) or the Emergency Low-Income

10 Housing Preservation Act of 1987 (ELIHPA): Provided,

11 That prior to August 15, 1996, funding to carry out plans

12 of action shall be limited to sales of projects to non-profit

13 organizations, tenant-sponsored organizations, and other

14 priority purchasers: Provided further, That of the amount

15 made available by this paragraph, up to $10,000,000 shall

16 be available for preservation technical assistance grants

17 pursuant to section 253 of the Housing and Community

18 Development Act of 1987, as amended: Provided further,

19 That with respect to amounts made available by this para20 graph, after August 15, 1996, if the Secretary determines

21 that the demand for funding may exceed amounts avail22 able for such funding, the Secretary (1) may determine

23 priorities for distributing available funds, including giving

24 priority funding to tenants displaced due to mortgage pre25 payment and to projects that have not yet been funded
629

S 1594 RS

1 but which have approved plans of action; and (2) may im2 pose a temporary moratorium on applications by potential

3 recipients of such funding: Provided further, That an

4 owner of eligible low-income housing may prepay the mort5 gage or request voluntary termination of a mortgage in6 surance contract, so long as said owner agrees not to raise

7 rents for sixty days after such prepayment: Provided fur8 ther, That an owner of eligible low-income housing who

9 has not timely filed a second notice under section 216(d)

10 prior to the effective date of this Act may file such notice

11 by April 15, 1996: Provided further, That such develop12 ments have been determined to have preservation equity

13 at least equal to the lesser of $5,000 per unit or $500,000

14 per project or the equivalent of eight times the most re15 cently published fair market rent for the area in which

16 the project is located as the appropriate unit size for all

17 of the units in the eligible project: Provided further, That

18 the Secretary may modify the regulatory agreement to

19 permit owners and priority purchasers to retain rental in20 come in excess of the basic rental charge in projects as21 sisted under section 236 of the National Housing Act, for

22 the purpose of preserving the low and moderate income

23 character of the housing: Provided further, That the Sec24 retary may give priority to funding and processing the fol25 lowing projects provided that the funding is obligated not
630

S 1594 RS

1 later than September 15, 1996: (1) projects with approved

2 plans of action to retain the housing that file a modified

3 plan of action no later than August 15, 1996 to transfer

4 the housing; (2) projects with approved plans of action

5 that are subject to a repayment or settlement agreement

6 that was executed between the owner and the Secretary

7 prior to September 1, 1995; (3) projects for which submis8 sions were delayed as a result of their location in areas

9 that were designated as a Federal disaster area in a Presi10 dential Disaster Declaration; and (4) projects whose proc11 essing was, in fact or in practical effect, suspended, de12 ferred, or interrupted for a period of twelve months or

13 more because of differing interpretations, by the Secretary

14 and an owner or by the Secretary and a State or local

15 rent regulatory agency, concerning the timing of filing eli16 gibility or the effect of a presumptively applicable State

17 or local rent control law or regulation on the determina18 tion of preservation value under section 213 of

19 LIHPRHA, as amended, if the owner of such project filed

20 notice of intent to extend the low-income affordability re21 strictions of the housing, or transfer to a qualified pur22 chaser who would extend such restrictions, on or before

23 November 1, 1993: Provided further, That eligible low-in24 come housing shall include properties meeting the require25 ments of this paragraph with mortgages that are held by
631

S 1594 RS

1 a State agency as a result of a sale by the Secretary with2 out insurance, which immediately before the sale would

3 have been eligible low-income housing under LIHPRHA:

4 Provided further, That notwithstanding any other provi5 sion of law, subject to the availability of appropriated

6 funds, each unassisted low-income family residing in the

7 housing on the date of prepayment or voluntary termi8 nation, and whose rent, as a result of a rent increase oc9 curring no later than one year after the date of the pre10 payment, exceeds 30 percent of adjusted income, shall be

11 offered tenant-based assistance in accordance with section

12 8 or any successor program, under which the family shall

13 pay no less for rent than it paid on such date: Provided

14 further, That any family receiving tenant-based assistance

15 under the preceding proviso may elect (1) to remain in

16 the unit of the housing and if the rent exceeds the fair

17 market rent or payment standard, as applicable, the rent

18 shall be deemed to be the applicable standard, so long as

19 the administering public housing agency finds that the

20 rent is reasonable in comparison with rents charged for

21 comparable unassisted housing units in the market or (2)

22 to move from the housing and the rent will be subject to

23 the fair market rent of the payment standard, as applica24 ble, under existing program rules and procedures: Pro25 vided further, That up to $10,000,000 of the amount made
632

S 1594 RS

1 available by this paragraph may be used at the discretion

2 of the Secretary to reimburse owners of eligible properties

3 for which plans of action were submitted prior to the effec4 tive date of this Act, but were not executed for lack of

5 available funds, with such reimbursement available only

6 for documented costs directly applicable to the preparation

7 of the plan of action as determined by the Secretary, and

8 shall be made available on terms and conditions to be es9 tablished by the Secretary: Provided further, That, not10 withstanding any other provision of law, effective October

11 1, 1996, the Secretary shall suspend further processing

12 of preservation applications which do not have approved

13 plans of action.

14 Of the total amount provided under this head,

15 $780,190,000 shall be for capital advances, including

16 amendments to capital advance contracts, for housing for

17 the elderly, as authorized by section 202 of the Housing

18 Act of 1959, as amended, and for project rental assist19 ance, and amendments to contracts for project rental as20 sistance, for supportive housing for the elderly under sec21 tion 202(c)(2) of the Housing Act of 1959; and

22 $233,168,000 shall be for capital advances, including

23 amendments to capital advance contracts, for supportive

24 housing for persons with disabilities, as authorized by sec25 tion 811 of the Cranston-Gonzalez National Affordable
633

S 1594 RS

1 Housing Act; and for project rental assistance, and

2 amendments to contracts for project rental assistance, for

3 supportive housing for persons with disabilities as author4 ized by section 811 of the Cranston-Gonzalez National Af5 fordable Housing Act: Provided, That the Secretary may

6 designate up to 25 percent of the amounts earmarked

7 under this paragraph for section 811 of the Cranston-Gon8 zalez National Affordable Housing Act for tenant-based

9 assistance, as authorized under that section, which assist10 ance is five-years in duration: Provided further, That the

11 Secretary may waive any provision of section 202 of the

12 Housing Act of 1959 and section 811 of the National Af13 fordable Housing Act (including the provisions governing

14 the terms and conditions of project rental assistance) that

15 the Secretary determines is not necessary to achieve the

16 objectives of these programs, or that otherwise impedes

17 the ability to develop, operate or administer projects as18 sisted under these programs, and may make provision for

19 alternative conditions or terms where appropriate.

20 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION,

21 AND REPLACEMENT HOUSING GRANTS

22 For grants to public housing agencies for the pur23 poses of enabling the demolition of obsolete public housing

24 projects or portions thereof, the revitalization (where ap25 propriate) of sites (including remaining public housing

26 units) on which such projects are located, replacement
634

S 1594 RS

1 housing which will avoid or lessen concentrations of very

2 low-income families, and tenant-based assistance in ac3 cordance with section 8 of the United States Housing Act

4 of 1937 for the purpose of providing replacement housing

5 and assisting tenants to be displaced by the demolition,

6 $380,000,000, to remain available until expended: Pro7 vided, That the Secretary of Housing and Urban Develop8 ment shall award such funds to public housing agencies

9 based upon, among other relevant criteria, the local and

10 national impact of the proposed demolition and revitaliza11 tion activities and the extent to which the public housing

12 agency could undertake such activities without the addi13 tional assistance to be provided hereunder: Provided fur14 ther, That eligible expenditures hereunder shall be those

15 expenditures eligible under section 8 and section 14 of the

16 United States Housing Act of 1937 (42 U.S.C. 1437f and

17 l): Provided further, That the Secretary may impose such

18 conditions and requirements as the Secretary deems ap19 propriate to effectuate the purposes of this paragraph:

20 Provided further, That the Secretary may require an agen21 cy selected to receive funding to make arrangements satis22 factory to the Secretary for use of an entity other than

23 the agency to carry out this program where the Secretary

24 determines that such action will help to effectuate the pur25 pose of this paragraph: Provided further, That in the event
635

S 1594 RS

1 an agency selected to receive funding does not proceed ex2 peditiously as determined by the Secretary, the Secretary

3 shall withdraw any funding made available pursuant to

4 this paragraph that has not been obligated by the agency

5 and distribute such funds to one or more other eligible

6 agencies, or to other entities capable of proceeding expedi7 tiously in the same locality with the original program: Pro8 vided further, That of the foregoing $380,000,000, the

9 Secretary may use up to .67 per centum for technical as10 sistance, to be provided directly or indirectly by grants,

11 contracts or cooperative agreements, including training

12 and cost of necessary travel for participants in such train13 ing, by or to officials and employees of the Department

14 and of public housing agencies and to residents: Provided

15 further, That any replacement housing provided with as16 sistance under this head shall be subject to section 18(f)

17 of the United States Housing Act of 1937, as amended

18 by section 201(b)(2) of this Act.

19 FLEXIBLE SUBSIDY FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 From the fund established by section 236(g) of the

22 National Housing Act, as amended, all uncommitted bal23 ances of excess rental charges as of September 30, 1995,

24 and any collections during fiscal year 1996 shall be trans25 ferred, as authorized under such section, to the fund au-
636

S 1594 RS

1 thorized under section 201(j) of the Housing and Commu2 nity Development Amendments of 1978, as amended.

3 RENTAL HOUSING ASSISTANCE

4 (RESCISSION)

5 The limitation otherwise applicable to the maximum

6 payments that may be required in any fiscal year by all

7 contracts entered into under section 236 of the National

8 Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year

9 1996 by not more than $2,000,000 in uncommitted bal10 ances of authorizations provided for this purpose in appro11 priations Acts: Provided, That up to $163,000,000 of re12 captured section 236 budget authority resulting from the

13 prepayment of mortgages subsidized under section 236 of

14 the National Housing Act (12 U.S.C. 1715z–1) shall be

15 rescinded in fiscal year 1996.

16 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

17 PROJECTS

18 For payments to public housing agencies and Indian

19 housing authorities for operating subsidies for low-income

20 housing projects as authorized by section 9 of the United

21 States Housing Act of 1937, as amended (42 U.S.C.

22 1437g), $2,800,000,000.

23 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

24 For grants to public and Indian housing agencies for

25 use in eliminating crime in public housing projects author26 ized by 42 U.S.C. 11901–11908, for grants for federally
637

S 1594 RS

1 assisted low-income housing authorized by 42 U.S.C.

2 11909, and for drug information clearinghouse services

3 authorized by 42 U.S.C. 11921–11925, $290,000,000, to

4 remain available until expended, of which $10,000,000

5 shall be for grants, technical assistance, contracts and

6 other assistance training, program assessment, and execu7 tion for or on behalf of public housing agencies and resi8 dent organizations (including the cost of necessary travel

9 for participants in such training) and of which $2,500,000

10 shall be used in connection with efforts to combat violent

11 crime in public and assisted housing under the Operation

12 Safe Home program administered by the Inspector Gen13 eral of the Department of Housing and Urban Develop14 ment: Provided, That the term ‘‘drug-related crime’’, as

15 defined in 42 U.S.C. 11905(2), shall also include other

16 types of crime as determined by the Secretary: Provided

17 further, That notwithstanding section 5130(c) of the Anti18 Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Sec19 retary may determine not to use any such funds to provide

20 public housing youth sports grants.

21 HOME INVESTMENT PARTNERSHIPS PROGRAM

22 For the HOME investment partnerships program, as

23 authorized under title II of the Cranston-Gonzalez Na24 tional Affordable Housing Act (Public Law 101–625), as

25 amended, $1,400,000,000, to remain available until ex26 pended.
638

S 1594 RS

1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, $3,000,000, as au4 thorized by section 184 of the Housing and Community

5 Development Act of 1992 (106 Stat. 3739): Provided,

6 That such costs, including the costs of modifying such

7 loans, shall be as defined in section 502 of the Congres8 sional Budget Act of 1974, as amended: Provided further,

9 That these funds are available to subsidize total loan prin10 cipal, any part of which is to be guaranteed, not to exceed

11 $36,900,000.

12 HOMELESS ASSISTANCE

13 HOMELESS ASSISTANCE GRANTS

14 For the emergency shelter grants program (as au15 thorized under subtitle B of title IV of the Stewart B.

16 McKinney Homeless Assistance Act (Public Law 100–77),

17 as amended); the supportive housing program (as author18 ized under subtitle C of title IV of such Act); the section

19 8 moderate rehabilitation single room occupancy program

20 (as authorized under the United States Housing Act of

21 1937, as amended) to assist homeless individuals pursuant

22 to section 441 of the Stewart B. McKinney Homeless As23 sistance Act; and the shelter plus care program (as au24 thorized under subtitle F of title IV of such Act),

25 $823,000,000, to remain available until expended.
639

S 1594 RS

1 COMMUNITY PLANNING AND DEVELOPMENT

2 COMMUNITY DEVELOPMENT GRANTS

3 (INCLUDING TRANSFER OF FUNDS)

4 For grants to States and units of general local gov5 ernment and for related expenses, not otherwise provided

6 for, necessary for carrying out a community development

7 grants program as authorized by title I of the Housing

8 and Community Development Act of 1974, as amended

9 (42 U.S.C. 5301), $4,600,000,000, to remain available

10 until September 30, 1998: Provided, That $50,000,000

11 shall be available for grants to Indian tribes pursuant to

12 section 106(a)(1) of the Housing and Community Devel13 opment Act of 1974, as amended (42 U.S.C. 5301),

14 $2,000,000 shall be available as a grant to the Housing

15 Assistance Council, $1,000,000 shall be available as a

16 grant to the National American Indian Housing Council,

17 and $27,000,000 shall be available for ‘‘special purpose

18 grants’’ pursuant to section 107 of such Act: Provided fur19 ther, That not to exceed 20 per centum of any grant made

20 with funds appropriated herein (other than a grant made

21 available under the preceding proviso to the Housing As22 sistance Council or the National American Indian Housing

23 Council, or a grant using funds under section 107(b)(3)

24 of the Housing and Community Development Act of 1974)

25 shall be expended for ‘‘Planning and Management Devel26 opment’’ and ‘‘Administration’’ as defined in regulations
640

S 1594 RS

1 promulgated by the Department of Housing and Urban

2 Development: Provided further, That section 105(a)(25) of

3 such Act, as added by section 907(b)(1) of the Cranston4 Gonzalez National Affordable Housing Act, shall continue

5 to be effective after September 30, 1995, notwithstanding

6 section 907(b)(2) of such Act: Provided further, That sec7 tion 916 of the Cranston-Gonzalez National Affordable

8 Housing Act shall apply with respect to fiscal year 1996,

9 notwithstanding section 916(f) of that Act.

10 Of the amount provided under this heading, the Sec11 retary of Housing and Urban Development may use up

12 to $53,000,000 for grants to public housing agencies (in13 cluding Indian housing authorities), nonprofit corpora14 tions, and other appropriate entities for a supportive serv15 ices program to assist residents of public and assisted

16 housing, former residents of such housing receiving ten17 ant-based assistance under section 8 of such Act (42

18 U.S.C. 1437f), and other low-income families and individ19 uals to become self-sufficient: Provided, That the program

20 shall provide supportive services, principally for the benefit

21 of public housing residents, to the elderly and the disabled,

22 and to families with children where the head of the house23 hold would benefit from the receipt of supportive services

24 and is working, seeking work, or is preparing for work

25 by participating in job training or educational programs:
641

S 1594 RS

1 Provided further, That the supportive services shall include

2 congregate services for the elderly and disabled, service co3 ordinators, and coordinated educational, training, and

4 other supportive services, including academic skills train5 ing, job search assistance, assistance related to retaining

6 employment, vocational and entrepreneurship development

7 and support programs, transportation, and child care:

8 Provided further, That the Secretary shall require appli9 cants to demonstrate firm commitments of funding or

10 services from other sources: Provided further, That the

11 Secretary shall select public and Indian housing agencies

12 to receive assistance under this head on a competitive

13 basis, taking into account the quality of the proposed pro14 gram (including any innovative approaches), the extent of

15 the proposed coordination of supportive services, the ex16 tent of commitments of funding or services from other

17 sources, the extent to which the proposed program in18 cludes reasonably achievable, quantifiable goals for meas19 uring performance under the program over a three-year

20 period, the extent of success an agency has had in carrying

21 out other comparable initiatives, and other appropriate

22 criteria established by the Secretary.

23 Of the amount made available under this heading,

24 notwithstanding any other provision of law, $12,000,000

25 shall be available for contracts, grants, and other assist-
642

S 1594 RS

1 ance, other than loans, not otherwise provided for, for pro2 viding counseling and advice to tenants and homeowners

3 both current and prospective, with respect to property

4 maintenance, financial management, and such other mat5 ters as may be appropriate to assist them in improving

6 their housing conditions and meeting the responsibilities

7 of tenancy or homeownership, including provisions for

8 training and for support of voluntary agencies and services

9 as authorized by section 106 of the Housing and Urban

10 Development Act of 1968, as amended, notwithstanding

11 section 106(c)(9) and section 106(d)(13) of such Act.

12 Of the amount made available under this heading,

13 notwithstanding any other provision of law, $15,000,000

14 shall be available for the tenant opportunity program.

15 Of the amount made available under this heading,

16 notwithstanding any other provision of law, $20,000,000

17 shall be available for youthbuild program activities author18 ized by subtitle D of title IV of the Cranston-Gonzalez

19 National Affordable Housing Act, as amended, and such

20 activities shall be an eligible activity with respect to any

21 funds made available under this heading.

22 Of the amount otherwise made available under this

23 heading in this Act, notwithstanding any other provision

24 of law, $80,000,000 shall be available for Economic Devel25 opment Initiative grants as authorized by section 232 of
643

S 1594 RS

1 the Multifamily Housing Property Disposition Reform Act

2 of 1994, Public Law 103–233, on a competitive basis as

3 required by section 102 of the HUD Reform Act.

4 For the cost of guaranteed loans, $31,750,000, as au5 thorized by section 108 of the Housing and Community

6 Development Act of 1974: Provided, That such costs, in7 cluding the cost of modifying such loans, shall be as de8 fined in section 502 of the Congressional Budget Act of

9 1974, as amended: Provided further, That these funds are

10 available to subsidize total loan principal, any part of

11 which is to be guaranteed, not to exceed $1,500,000,000:

12 Provided further, That the Secretary of Housing and

13 Urban Development may make guarantees not to exceed

14 the immediately foregoing amount notwithstanding the ag15 gregate limitation on guarantees set forth in section

16 108(k) of the Housing and Community Development Act

17 of 1974. In addition, for administrative expenses to carry

18 out the guaranteed loan program, $675,000 which shall

19 be transferred to and merged with the appropriation for

20 departmental salaries and expenses.

21 The amount made available for fiscal year 1995 for

22 a special purpose grant for the renovation of the central

23 terminal in Buffalo, New York, shall be made available

24 for the central terminal and for other public facilities in

25 Buffalo, New York.
644

S 1594 RS

1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and

5 urban problems, not otherwise provided for, as authorized

6 by title V of the Housing and Urban Development Act

7 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ8 ing carrying out the functions of the Secretary under sec9 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

10 $34,000,000, to remain available until September 30,

11 1997.

12 FAIR HOUSING AND EQUAL OPPORTUNITY

13 FAIR HOUSING ACTIVITIES

14 For contracts, grants, and other assistance, not oth15 erwise provided for, as authorized by title VIII of the Civil

16 Rights Act of 1968, as amended by the Fair Housing

17 Amendments Act of 1988, and for contracts with qualified

18 fair housing enforcement organizations, as authorized by

19 section 561 of the Housing and Community Development

20 Act of 1987, as amended by the Housing and Community

21 Development Act of 1992, $30,000,000, to remain avail22 able until September 30, 1997.
645

S 1594 RS

1 MANAGEMENT AND ADMINISTRATION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary administrative and nonadministrative

5 expenses of the Department of Housing and Urban Devel6 opment, not otherwise provided for, including not to ex7 ceed $7,000 for official reception and representation ex8 penses, $962,558,000, of which $532,782,000 shall be

9 provided from the various funds of the Federal Housing

10 Administration, and $9,101,000 shall be provided from

11 funds of the Government National Mortgage Association,

12 and $675,000 shall be provided from the Community De13 velopment Grants Program account.

14 OFFICE OF INSPECTOR GENERAL

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses of the Office of Inspector

17 General in carrying out the provisions of the Inspector

18 General Act of 1978, as amended, $47,850,000, of which

19 $11,283,000 shall be transferred from the various funds

20 of the Federal Housing Administration.

21 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out the Federal Housing Enterprise Fi25 nancial Safety and Soundness Act of 1992, $14,895,000,

26 to remain available until expended, from the Federal
646

S 1594 RS

1 Housing Enterprise Oversight Fund: Provided, That such

2 amounts shall be collected by the Director as authorized

3 by section 1316 (a) and (b) of such Act, and deposited

4 in the Fund under section 1316(f) of such Act.

5 FEDERAL HOUSING ADMINISTRATION

6 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

7 ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 During fiscal year 1996, commitments to guarantee

10 loans to carry out the purposes of section 203(b) of the

11 National Housing Act, as amended, shall not exceed a loan

12 principal of $110,000,000,000: Provided, That during fis13 cal year 1996, the Secretary shall sell assigned mortgage

14 notes having an unpaid principal balance of up to

15 $4,000,000,000, which notes were originally insured under

16 section 203(b) of the National Housing Act: Provided fur17 ther, That the Secretary may use any negative subsidy

18 amounts from the sale of such assigned mortgage notes

19 during fiscal year 1996 for the disposition of properties

20 or notes under this heading.

21 During fiscal year 1996, obligations to make direct

22 loans to carry out the purposes of section 204(g) of the

23 National Housing Act, as amended, shall not exceed

24 $200,000,000: Provided, That the foregoing amount shall

25 be for loans to nonprofit and governmental entities in con26 nection with sales of single family real properties owned
647

S 1594 RS

1 by the Secretary and formerly insured under section 203

2 of such Act.

3 For administrative expenses necessary to carry out

4 the guaranteed and direct loan program, $341,595,000,

5 to be derived from the FHA-mutual mortgage insurance

6 guaranteed loans receipt account, of which not to exceed

7 $334,483,000 shall be transferred to the appropriation for

8 departmental salaries and expenses; and of which not to

9 exceed $7,112,000 shall be transferred to the appropria10 tion for the Office of Inspector General.

11 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For the cost of guaranteed loans, as authorized by

14 sections 238 and 519 of the National Housing Act (12

15 U.S.C. 1715z–3 and 1735c), including the cost of modify16 ing such loans, $85,000,000, to remain available until ex17 pended: Provided, That such costs shall be as defined in

18 section 502 of the Congressional Budget Act of 1974, as

19 amended: Provided further, That these funds are available

20 to subsidize total loan principal any part of which is to

21 be guaranteed of not to exceed $17,400,000,000: Provided

22 further, That during fiscal year 1996, the Secretary shall

23 sell assigned notes having an unpaid principal balance of

24 up to $4,000,000,000, which notes were originally obliga25 tions of the funds established under sections 238 and 519
648

S 1594 RS

1 of the National Housing Act: Provided further, That the

2 Secretary may use any negative subsidy amounts from the

3 sale of such assigned mortgage notes during fiscal year

4 1996, in addition to amounts otherwise provided, for the

5 disposition of properties or notes under this heading (in6 cluding the credit subsidy for the guarantee of loans or

7 the reduction of positive credit subsidy amounts that

8 would otherwise be required for the sale of such properties

9 or notes), and for any other purpose under this heading:

10 Provided further, That any amounts made available in any

11 prior appropriation Act for the cost (as such term is de12 fined in section 502 of the Congressional Budget Act of

13 1974) of guaranteed loans that are obligations of the

14 funds established under section 238 or 519 of the National

15 Housing Act that have not been obligated or that are

16 deobligated shall be available to the Secretary of Housing

17 and Urban Development in connection with the making

18 of such guarantees and shall remain available until ex19 pended, notwithstanding the expiration of any period of

20 availability otherwise applicable to such amounts.

21 Gross obligations for the principal amount of direct

22 loans, as authorized by sections 204(g), 207(l), 238(a),

23 and 519(a) of the National Housing Act, shall not exceed

24 $120,000,000; of which not to exceed $100,000,000 shall

25 be for bridge financing in connection with the sale of mul-
649

S 1594 RS

1 tifamily real properties owned by the Secretary and for2 merly insured under such Act; and of which not to exceed

3 $20,000,000 shall be for loans to nonprofit and govern4 mental entities in connection with the sale of single-family

5 real properties owned by the Secretary and formerly in6 sured under such Act.

7 In addition, for administrative expenses necessary to

8 carry out the guaranteed and direct loan programs,

9 $202,470,000, of which $198,299,000 shall be transferred

10 to the appropriation for departmental salaries and ex11 penses; and of which $4,171,000 shall be transferred to

12 the appropriation for the Office of Inspector General.

13 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

14 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

15 GUARANTEE PROGRAM ACCOUNT

16 (INCLUDES TRANSFER OF FUNDS)

17 During fiscal year 1996, new commitments to issue

18 guarantees to carry out the purposes of section 306 of the

19 National Housing Act, as amended (12 U.S.C. 1721(g)),

20 shall not exceed $110,000,000,000.

21 For administrative expenses necessary to carry out

22 the guaranteed mortgage-backed securities program,

23 $9,101,000, to be derived from the GNMA—guarantees

24 of mortgage-backed securities guaranteed loan receipt ac25 count, of which not to exceed $9,101,000 shall be trans-
650

S 1594 RS

1 ferred to the appropriation for departmental salaries and

2 expenses.

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 EXTEND ADMINISTRATIVE PROVISIONS FROM THE

6 RESCISSION ACT

7 SEC. 201. (a) PUBLIC AND INDIAN HOUSING MOD8 ERNIZATION.—

9 (1) EXPANSION OF USE OF MODERNIZATION

10 FUNDING.—Subsection 14(q) of the United States

11 Housing Act of 1937 is amended to read as follows:

12 ‘‘(q)(1) In addition to the purposes enumerated in

13 subsections (a) and (b), a public housing agency may use

14 modernization assistance provided under section 14, and

15 development assistance provided under section 5(a) that

16 was not allocated, as determined by the Secretary, for pri17 ority replacement housing, for any eligible activity author18 ized by this section, by section 5, or by applicable Appro19 priations Acts for a public housing agency, including the

20 demolition, rehabilitation, revitalization, and replacement

21 of existing units and projects and, for up to 10 percent

22 of its allocation of such funds in any fiscal year, for any

23 operating subsidy purpose authorized in section 9. Except

24 for assistance used for operating subsidy purposes under

25 the preceding sentence, assistance provided to a public

26 housing agency under this section shall principally be used
651

S 1594 RS

1 for the physical improvement, replacement of public hous2 ing, other capital purposes, and for associated manage3 ment improvements, and such other extraordinary pur4 poses as may be approved by the Secretary. Low-income

5 and very low-income units assisted under this paragraph

6 shall be eligible for operating subsidies, unless the Sec7 retary determines that such units or projects do not meet

8 other requirements of this Act.

9 ‘‘(2) A public housing agency may provide assistance

10 to developments that include units for other than units

11 assisted under this Act (except for units assisted under

12 section 8 hereof) (‘mixed income developments’), in the

13 form of a grant, loan, operating assistance, or other form

14 of investment which may be made to—

15 ‘‘(A) a partnership, a limited liability company,

16 or other legal entity in which the public housing

17 agency or its affiliate is a general partner, managing

18 member, or otherwise participates in the activities of

19 such entity; or

20 ‘‘(B) any entity which grants to the public

21 housing agency the option to purchase the develop22 ment within 20 years after initial occupancy in ac23 cordance with section 42(i)(7) of the Internal Reve24 nue Code of 1986, as amended.
652

S 1594 RS

1 ‘‘Units shall be made available in such develop2 ments for periods of not less than 30 years, by mas3 ter contract or by individual lease, for occupancy by

4 low-income and very low-income families referred

5 from time to time by the public housing agency from

6 its central or site-based waiting list. The number of

7 such units shall be:

8 ‘‘(i) in the same proportion to the total

9 number of units in such development that the

10 total financial commitment provided by the pub11 lic housing agency bears to the value of the

12 total financial commitment in the development,

13 or

14 ‘‘(ii) not be less than the number of units

15 that could have been developed under the con16 ventional public housing program with the as17 sistance involved, or

18 ‘‘(iii) as may otherwise be approved by the

19 Secretary.

20 ‘‘(3) A mixed income development may elect to have

21 all units subject only to the applicable local real estate

22 taxes, notwithstanding that the low-income units assisted

23 by public housing funds would otherwise be subject to sec24 tion 6(d) of the Housing Act of 1937.
653

S 1594 RS

1 ‘‘(4) If an entity that owns or operates a mixed-in2 come project under this subsection enters into a contract

3 with a public housing agency, the terms of which obligate

4 the entity to operate and maintain a specified number of

5 units in the project as public housing units in accordance

6 with the requirements of this Act for the period required

7 by law, such contractual terms may provide that, if, as

8 a result of a reduction in appropriations under section 9,

9 or any other change in applicable law, the public housing

10 agency is unable to fulfill its contractual obligations with

11 respect to those public housing units, that entity may devi12 ate, under procedures and requirements developed through

13 regulations by the Secretary, from otherwise applicable re14 strictions under this Act regarding rents, income eligi15 bility, and other areas of public housing management with

16 respect to a portion or all of those public housing units,

17 to the extent necessary to preserve the viability of those

18 units while maintaining the low-income character of the

19 units, to the maximum extent practicable.’’.

20 (2) APPLICABILITY.—Section 14(q) of the Unit21 ed States Housing Act of 1937, as amended by sub22 section (a) of this section, shall be effective only with

23 respect to assistance provided from funds made

24 available for fiscal year 1996 or any preceding fiscal

25 year.
654

S 1594 RS

1 (3) APPLICABILITY TO IHAS.—In accordance

2 with section 201(b)(2) of the United States Housing

3 Act of 1937, the amendment made by this sub4 section shall apply to public housing developed or

5 operated pursuant to a contract between the Sec6 retary of Housing and Urban Development and an

7 Indian housing authority.

8 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND

9 INDIAN HOUSING.—

10 (1) EXTENDED AUTHORITY.—Section 1002(d)

11 of Public Law 104–19 is amended to read as follows:

12 ‘‘(d) Subsections (a), (b), and (c) shall be effective

13 for applications for the demolition, disposition, or conver14 sion to homeownership of public housing approved by the

15 Secretary, and other consolidation and relocation activities

16 of public housing agencies undertaken, on, before, or after

17 September 30, 1995 and before September 30, 1996.’’.

18 (2) Section 18(f) of the United States Housing

19 Act of 1937 is amended by adding at the end the

20 following new sentence:

21 ‘‘No one may rely on the preceding sentence as the basis

22 for reconsidering a final order of a court issued, or a set23 tlement approved by, a court.’’.

24 (3) APPLICABILITY.—In accordance with sec25 tion 201(b)(2) of the United States Housing Act of
655

S 1594 RS

1 1937, the amendments made by this subsection and

2 by sections 1002 (a), (b), and (c) of Public Law

3 104–19 shall apply to public housing developed or

4 operated pursuant to a contract between the Sec5 retary of Housing and Urban Development and an

6 Indian housing authority.

7 CONVERSION OF CERTAIN PUBLIC HOUSING TO

8 VOUCHERS

9 SEC. 203. (a) IDENTIFICATION OF UNITS.—Each

10 public housing agency shall identify any public housing de11 velopments—

12 (1) that are on the same or contiguous sites;

13 (2) that total more than—

14 (A) 300 dwelling units; or

15 (B) in the case of high-rise family build16 ings or substantially vacant buildings; 300

17 dwelling units;

18 (3) that have a vacancy rate of at least 10 per19 cent for dwelling units not in funded, on schedule

20 modernization programs;

21 (4) identified as distressed housing that the

22 public housing agency cannot assure the long-term

23 viability as public housing through reasonable revi24 talization, density reduction, or achievement of a

25 broader range of household income; and
656

S 1594 RS

1 (5) for which the estimated cost of continued

2 operation and modernization of the developments as

3 public housing exceeds the cost of providing tenant4 based assistance under section 8 of the United

5 States Housing Act of 1937 for all families in occu6 pancy, based on appropriate indicators of cost (such

7 as the percentage of total development cost required

8 for modernization).

9 (b) IMPLEMENTATION AND ENFORCEMENT.—

10 (1) STANDARDS FOR IMPLEMENTATION.—The

11 Secretary shall establish standards to permit imple12 mentation of this section in fiscal year 1996.

13 (2) CONSULTATION.—Each public housing

14 agency shall consult with the applicable public hous15 ing tenants and the unit of general local government

16 in identifying any public housing developments

17 under subsection (a).

18 (3) FAILURE OF PHAS TO COMPLY WITH SUB19 SECTION (a).—Where the Secretary determines

20 that—

21 (A) a public housing agency has failed

22 under subsection (a) to identify public housing

23 developments for removal from the inventory of

24 the agency in a timely manner;
657

S 1594 RS

1 (B) a public housing agency has failed to

2 identify one or more public housing develop3 ments which the Secretary determines should

4 have been identified under subsection (a); or

5 (C) one or more of the developments iden6 tified by the public housing agency pursuant to

7 subsection (a) should not, in the determination

8 of the Secretary, have been identified under

9 that subsection;

10 the Secretary may designate the developments to be

11 removed from the inventory of the public housing

12 agency pursuant to this section.

13 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

14 PUBLIC HOUSING AGENCIES.—

15 (1) Each public housing agency shall develop

16 and carry out a plan in conjunction with the Sec17 retary for the removal of public housing units identi18 fied under subsection (a) or subsection (b)(3), over

19 a period of up to five years, from the inventory of

20 the public housing agency and the annual contribu21 tions contract. The plan shall be approved by the

22 relevant local official as not inconsistent with the

23 Comprehensive Housing Affordability Strategy

24 under title I of the Housing and Community Devel25 opment Act of 1992, including a description of any
658

S 1594 RS

1 disposition and demolition plan for the public hous2 ing units.

3 (2) The Secretary may extend the deadline in

4 paragraph (1) for up to an additional five years

5 where the Secretary makes a determination that the

6 deadline is impracticable.

7 (3) The Secretary shall take appropriate actions

8 to ensure removal of developments identified under

9 subsection (a) or subsection (b)(3) from the inven10 tory of a public housing agency, if the public hous11 ing agency fails to adequately develop a plan under

12 paragraph (1), or fails to adequately implement such

13 plan in accordance with the terms of the plan.

14 (4) To the extent approved in appropriations

15 Acts, the Secretary may establish requirements and

16 provide funding under the Urban Revitalization

17 Demonstration program for demolition and disposi18 tion of public housing under this section.

19 (5) Notwithstanding any other provision of law,

20 if a development is removed from the inventory of a

21 public housing agency and the annual contributions

22 contract pursuant to paragraph (1), the Secretary

23 may authorize or direct the transfer of—

24 (A) in the case of an agency receiving as25 sistance under the comprehensive improvement
659

S 1594 RS

1 assistance program, any amounts obligated by

2 the Secretary for the modernization of such de3 velopment pursuant to section 14 of the United

4 States Housing Act of 1937;

5 (B) in the case of an agency receiving pub6 lic and Indian housing modernization assistance

7 by formula pursuant to section 14 of the United

8 States Housing Act of 1937, any amounts pro9 vided to the agency which are attributable pur10 suant to the formula for allocating such assist11 ance to the development removed from the in12 ventory of that agency; and

13 (C) in the case of an agency receiving as14 sistance for the major reconstruction of obsolete

15 projects, any amounts obligated by the Sec16 retary for the major reconstruction of the devel17 opment pursuant to section 5 of such Act,

18 to the tenant-based assistance program or appro19 priate site revitalization of such agency.

20 (6) CESSATION OF UNNECESSARY SPENDING.—

21 Notwithstanding any other provision of law, if, in

22 the determination of the Secretary, a development

23 meets or is likely to meet the criteria set forth in

24 subsection (a), the Secretary may direct the public

25 housing agency to cease additional spending in con-
660

S 1594 RS

1 nection with the development, except to the extent

2 that additional spending is necessary to ensure de3 cent, safe, and sanitary housing until the Secretary

4 determines or approves an appropriate course of ac5 tion with respect to such development under this

6 section.

7 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—

8 (1) The Secretary shall make authority avail9 able to a public housing agency to provide tenant10 based assistance pursuant to section 8 to families re11 siding in any development that is removed from the

12 inventory of the public housing agency and the an13 nual contributions contract pursuant to subsection

14 (b).

15 (2) Each conversion plan under subsection (c)

16 shall—

17 (A) require the agency to notify families

18 residing in the development, consistent with any

19 guidelines issued by the Secretary governing

20 such notifications, that the development shall be

21 removed from the inventory of the public hous22 ing agency and the families shall receive tenant23 based or project-based assistance, and to pro24 vide any necessary counseling for families; and
661

S 1594 RS

1 (B) ensure that all tenants affected by a

2 determination under this section that a develop3 ment shall be removed from the inventory of a

4 public housing agency shall be offered tenant5 based or project-based assistance and shall be

6 relocated, as necessary, to other decent, safe,

7 sanitary, and affordable housing which is, to

8 the maximum extent practicable, housing of

9 their choice.

10 (e) IN GENERAL.—

11 (1) The Secretary may require a public housing

12 agency to provide such information as the Secretary

13 considers necessary for the administration of this

14 section.

15 (2) As used in this section, the term ‘‘develop16 ment’’ shall refer to a project or projects, or to por17 tions of a project or projects, as appropriate.

18 (3) Section 18 of the United States Housing

19 Act of 1937 shall not apply to the demolition of de20 velopments removed from the inventory of the public

21 housing agency under this section.

22 STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE

23 SEC. 204. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section

24 8(t) of the United States Housing Act of 1937 is hereby

25 repealed.
662

S 1594 RS

1 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

2 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

3 8(c) of such Act is amended—

4 (1) in paragraph (8), by inserting after ‘‘sec5 tion’’ the following: ‘‘(other than a contract for as6 sistance under the certificate or voucher program)’’;

7 and

8 (2) in the first sentence of paragraph (9), by

9 striking ‘‘(but not less than 90 days in the case of

10 housing certificates or vouchers under subsection (b)

11 or (o))’’ and inserting ‘‘, other than a contract under

12 the certificate or voucher program’’.

13 (c) ENDLESS LEASE.—Section 8(d)(1)(B) of such

14 Act is amended—

15 (1) in clause (ii), by inserting ‘‘during the term

16 of the lease,’’ after ‘‘(ii)’’; and

17 (2) in clause (iii), by striking ‘‘provide that’’

18 and inserting ‘‘during the term of the lease,’’.

19 (d) APPLICABILITY.—The provisions of this section

20 shall be effective for fiscal year 1996 only.

21 PUBLIC HOUSING/SECTION 8 MOVING TO WORK

22 DEMONSTRATION

23 SEC. 206. (a) PURPOSE.—The purpose of this dem24 onstration is to give public housing agencies and the Sec25 retary of Housing and Urban Development the flexibility

26 to design and test various approaches for providing and
663

S 1594 RS

1 administering housing assistance that: reduce cost and

2 achieve greater cost effectiveness in Federal expenditures;

3 give incentives to families with children where the head

4 of household is working, seeking work, or is preparing for

5 work by participating in job training, educational pro6 grams, or programs that assist people to obtain employ7 ment and become economically self-sufficient; and increase

8 housing choices for low-income families.

9 (b) PROGRAM AUTHORITY.—The Secretary of Hous10 ing and Urban Development shall conduct a demonstra11 tion program under this section beginning in fiscal year

12 1996 under which up to 30 public housing agencies (in13 cluding Indian housing authorities) administering the pub14 lic or Indian housing program and the section 8 housing

15 assistance payments program may be selected by the Sec16 retary to participate. The Secretary shall provide training

17 and technical assistance during the demonstration and

18 conduct detailed evaluations of up to 15 such agencies in

19 an effort to identify replicable program models promoting

20 the purpose of the demonstration. Under the demonstra21 tion, notwithstanding any provision of the United States

22 Housing Act of 1937 except as provided in subsection (e),

23 an agency may combine operating assistance provided

24 under section 9 of the United States Housing Act of 1937,

25 modernization assistance provided under section 14 of
664

S 1594 RS

1 such Act, and assistance provided under section 8 of such

2 Act for the certificate and voucher programs, to provide

3 housing assistance for low-income families, as defined in

4 section 3(b)(2) of the United States Housing Act of 1937,

5 and services to facilitate the transition to work on such

6 terms and conditions as the agency may propose and the

7 Secretary may approve.

8 (c) APPLICATION.—An application to participate in

9 the demonstration—

10 (1) shall request authority to combine assist11 ance under sections 8, 9, and 14 of the United

12 States Housing Act of 1937;

13 (2) shall be submitted only after the public

14 housing agency provides for citizen participation

15 through a public hearing and, if appropriate, other

16 means;

17 (3) shall include a plan developed by the agency

18 that takes into account comments from the public

19 hearing and any other public comments on the pro20 posed program, and comments from current and

21 prospective residents who would be affected, and

22 that includes criteria for—

23 (A) families to be assisted, which shall re24 quire that at least 75 percent of the families as25 sisted by participating demonstration public
665

S 1594 RS

1 housing authorities shall be very low-income

2 families, as defined in section 3(b)(2) of the

3 United States Housing Act of 1937;

4 (B) establishing a reasonable rent policy,

5 which shall be designed to encourage employ6 ment and self-sufficiency by participating fami7 lies, consistent with the purpose of this dem8 onstration, such as by excluding some or all of

9 a family’s earned income for purposes of deter10 mining rent;

11 (C) continuing to assist substantially the

12 same total number of eligible low-income fami13 lies as would have been served had the amounts

14 not been combined;

15 (D) maintaining a comparable mix of fami16 lies (by family size) as would have been pro17 vided had the amounts not been used under the

18 demonstration; and

19 (E) assuring that housing assisted under

20 the demonstration program meets housing qual21 ity standards established or approved by the

22 Secretary; and

23 (4) may request assistance for training and

24 technical assistance to assist with design of the dem-
666

S 1594 RS

1 onstration and to participate in a detailed evalua2 tion.

3 (d) SELECTION.—In selecting among applications,

4 the Secretary shall take into account the potential of each

5 agency to plan and carry out a program under the dem6 onstration, the relative performance by an agency under

7 the public housing management assessment program

8 under section 6(j) of the United States Housing Act of

9 1937, and other appropriate factors as determined by the

10 Secretary.

11 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—

12 (1) Section 18 of the United States Housing

13 Act of 1937 shall continue to apply to public hous14 ing notwithstanding any use of the housing under

15 this demonstration.

16 (2) Section 12 of such Act shall apply to hous17 ing assisted under the demonstration, other than

18 housing assisted solely due to occupancy by families

19 receiving tenant-based assistance.

20 (f) EFFECT ON SECTION 8, OPERATING SUBSIDIES,

21 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

22 The amount of assistance received under section 8, section

23 9, or pursuant to section 14 by a public housing agency

24 participating in the demonstration under this part shall

25 not be diminished by its participation.
667

S 1594 RS

1 (g) RECORDS, REPORTS, AND AUDITS.—

2 (1) KEEPING OF RECORDS.—Each agency shall

3 keep such records as the Secretary may prescribe as

4 reasonably necessary to disclose the amounts and

5 the disposition of amounts under this demonstration,

6 to ensure compliance with the requirements of this

7 section, and to measure performance.

8 (2) REPORTS.—Each agency shall submit to the

9 Secretary a report, or series of reports, in a form

10 and at a time specified by the Secretary. Each re11 port shall—

12 (A) document the use of funds made avail13 able under this section;

14 (B) provide such data as the Secretary

15 may request to assist the Secretary in assessing

16 the demonstration; and

17 (C) describe and analyze the effect of as18 sisted activities in addressing the objectives of

19 this part.

20 (3) ACCESS TO DOCUMENTS BY THE SEC21 RETARY.—The Secretary shall have access for the

22 purpose of audit and examination to any books, doc23 uments, papers, and records that are pertinent to

24 assistance in connection with, and the requirements

25 of, this section.
668

S 1594 RS

1 (4) ACCESS TO DOCUMENTS BY THE COMP2 TROLLER GENERAL.—The Comptroller General of

3 the United States, or any of the duly authorized rep4 resentatives of the Comptroller General, shall have

5 access for the purpose of audit and examination to

6 any books, documents, papers, and records that are

7 pertinent to assistance in connection with, and the

8 requirements of, this section.

9 (h) EVALUATION AND REPORT.—

10 (1) CONSULTATION WITH PHA AND FAMILY

11 REPRESENTATIVES.—In making assessments

12 throughout the demonstration, the Secretary shall

13 consult with representatives of public housing agen14 cies and residents.

15 (2) REPORT TO CONGRESS.—Not later than

16 180 days after the end of the third year of the dem17 onstration, the Secretary shall submit to the Con18 gress a report evaluating the programs carried out

19 under the demonstration. The report shall also in20 clude findings and recommendations for any appro21 priate legislative action.

22 (i) FUNDING FOR TECHNICAL ASSISTANCE AND

23 EVALUATION.—From amounts appropriated for assist24 ance under section 14 of the United States Housing Act
669

S 1594 RS

1 of 1937 for fiscal years 1996, 1997, and 1998, the Sec2 retary may use up to a total of $5,000,000—

3 (1) to provide, directly or by contract, training

4 and technical assistance—

5 (A) to public housing agencies that express

6 an interest to apply for training and technical

7 assistance pursuant to subsection (c)(4), to as8 sist them in designing programs to be proposed

9 for the demonstration; and

10 (B) to up to 10 agencies selected to receive

11 training and technical assistance pursuant to

12 subsection (c)(4), to assist them in implement13 ing the approved program; and

14 (2) to conduct detailed evaluations of the activi15 ties of the public housing agencies under paragraph

16 (1)(B), directly or by contract.

17 EXTENSION OF MULTIFAMILY HOUSING FINANCE

18 PROGRAM

19 SEC. 208. (a) The first sentence of section 542(b)(5)

20 of the Housing and Community Development Act of 1992

21 (12 U.S.C. 1707 note) is amended by striking ‘‘on not

22 more than 15,000 units over fiscal years 1993 and 1994’’

23 and inserting ‘‘on not more than 7,500 units during fiscal

24 year 1996’’.

25 (b) The first sentence of section 542(c)(4) of the

26 Housing and Community Development Act of 1992 (12
670

S 1594 RS

1 U.S.C. 1707 note) is amended by striking ‘‘on not to ex2 ceed 30,000 units over fiscal years 1993, 1994, and 1995’’

3 and inserting ‘‘on not more than 10,000 units during fis4 cal year 1996’’.

5 FORECLOSURE OF HUD-HELD MORTGAGES THROUGH

6 THIRD PARTIES

7 SEC. 209. During fiscal year 1996, the Secretary of

8 Housing and Urban Development may delegate to one or

9 more entities the authority to carry out some or all of the

10 functions and responsibilities of the Secretary in connec11 tion with the foreclosure of mortgages held by the Sec12 retary under the National Housing Act.

13 RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE

14 PORTFOLIO THROUGH STATE HOUSING FINANCE

15 AGENCIES

16 SEC. 210. During fiscal year 1996, the Secretary of

17 Housing and Urban Development may sell or otherwise

18 transfer multifamily mortgages held by the Secretary

19 under the National Housing Act to a State housing fi20 nance agency in connection with a program authorized

21 under section 542 (b) or (c) of the Housing and Commu22 nity Development Act of 1992 without regard to the unit

23 limitations in section 542(b)(5) or 542(c)(4) of such Act.
671

S 1594 RS

1 TRANSFER OF SECTION 8 AUTHORITY

2 SEC. 211. Section 8 of the United States Housing

3 Act of 1937 is amended by adding the following new sub4 section at the end:

5 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as6 sistance contract under this section, other than a contract

7 for tenant-based assistance, is terminated or is not re8 newed, or if the contract expires, the Secretary shall, in

9 order to provide continued assistance to eligible families,

10 including eligible families receiving the benefit of the

11 project-based assistance at the time of the termination,

12 transfer any budget authority remaining in the contract

13 to another contract. The transfer shall be under such

14 terms as the Secretary may prescribe.’’.

15 DOCUMENTATION OF MULTIFAMILY REFINANCINGS

16 SEC. 212. Notwithstanding the 16th paragraph under

17 the item relating to ‘‘administrative provisions’’ in title II

18 of the Departments of Veterans Affairs and Housing and

19 Urban Development, and Independent Agencies Appro20 priations Act, 1995 (Public Law 103–327; 108 Stat.

21 2316), the amendments to section 223(a)(7) of the Na22 tional Housing Act made by the 15th paragraph of such

23 Act shall be effective during fiscal year 1996 and there24 after.
672

S 1594 RS

1 FHA MULTIFAMILY DEMONSTRATION AUTHORITY

2 SEC. 213. (a) On and after October 1, 1995, and be3 fore October 1, 1997, the Secretary of Housing and Urban

4 Development shall initiate a demonstration program with

5 respect to multifamily projects whose owners agree to par6 ticipate and whose mortgages are insured under the Na7 tional Housing Act and that are assisted under section

8 8 of the United States Housing Act of 1937 and whose

9 present section 8 rents are, in the aggregate, in excess

10 of the fair market rent of the locality in which the project

11 is located. These programs shall be designed to test the

12 feasibility and desirability of the goal of ensuring, to the

13 maximum extent practicable, that the debt service and op14 erating expenses, including adequate reserves, attributable

15 to such multifamily projects can be supported with or

16 without mortgage insurance under the National Housing

17 Act and with or without above-market rents and utilizing

18 project-based assistance or, with the consent of the prop19 erty owner, tenant-based assistance, while taking into ac20 count the need for assistance of low- and very low-income

21 families in such projects. In carrying out this demonstra22 tion, the Secretary may use arrangements with third par23 ties, under which the Secretary may provide for the as24 sumption by the third parties (by delegation, contract, or
673

S 1594 RS

1 otherwise) of some or all of the functions, obligations, and

2 benefits of the Secretary.

3 (1) GOALS.—The Secretary of Housing and

4 Urban Development shall carry out the demonstra5 tion programs under this section in a manner that—

6 (A) will protect the financial interests of

7 the Federal Government;

8 (B) will result in significant discretionary

9 cost savings through debt restructuring and

10 subsidy reduction; and

11 (C) will, in the least costly fashion, address

12 the goals of—

13 (i) maintaining existing housing stock

14 in a decent, safe, and sanitary condition;

15 (ii) minimizing the involuntary dis16 placement of tenants;

17 (iii) restructuring the mortgages of

18 such projects in a manner that is consist19 ent with local housing market conditions;

20 (iv) supporting fair housing strategies;

21 (v) minimizing any adverse income tax

22 impact on property owners; and

23 (vi) minimizing any adverse impact on

24 residential neighborhoods.
674

S 1594 RS

1 In determining the manner in which a mortgage is

2 to be restructured or the subsidy reduced, the Sec3 retary may balance competing goals relating to indi4 vidual projects in a manner that will further the

5 purposes of this section.

6 (2) DEMONSTRATION APPROACHES.—In carry7 ing out the demonstration programs, subject to the

8 appropriation in subsection (f), the Secretary may

9 use one or more of the following approaches:

10 (A) Joint venture arrangements with third

11 parties, under which the Secretary may provide

12 for the assumption by the third parties (by del13 egation, contract, or otherwise) of some or all

14 of the functions, obligations, and benefits of the

15 Secretary.

16 (B) Subsidization of the debt service of the

17 project to a level that can be paid by an owner

18 receiving an unsubsidized market rent.

19 (C) Renewal of existing project-based as20 sistance contracts where the Secretary shall ap21 prove proposed initial rent levels that do not ex22 ceed the greater of 120 percent of fair market

23 rents or comparable market rents for the rel24 evant metropolitan market area or at rent levels

25 under a budget-based approach.
675

S 1594 RS

1 (D) Nonrenewal of expiring existing

2 project-based assistance contracts and providing

3 tenant-based assistance to previously assisted

4 households.

5 (b) For purposes of carrying out demonstration pro6 grams under subsection (a)—

7 (1) the Secretary may manage and dispose of

8 multifamily properties owned by the Secretary as of

9 October 1, 1995 and multifamily mortgages held by

10 the Secretary as of October 1, 1995 for properties

11 assisted under section 8 with rents above 110 per12 cent of fair market rents without regard to any

13 other provision of law; and

14 (2) the Secretary may delegate to one or more

15 entities the authority to carry out some or all of the

16 functions and responsibilities of the Secretary in

17 connection with the foreclosure of mortgages held by

18 the Secretary under the National Housing Act.

19 (c) For purposes of carrying out demonstration pro20 grams under subsection (a), subject to such third party

21 consents (if any) as are necessary including but not lim22 ited to (i) consent by the Government National Mortgage

23 Association where it owns a mortgage insured by the Sec24 retary; (ii) consent by an issuer under the mortgage25 backed securities program of the Association, subject to
676

S 1594 RS

1 the responsibilities of the issuer to its security holders and

2 the Association under such program; and (iii) parties to

3 any contractual agreement which the Secretary proposes

4 to modify or discontinue, and subject to the appropriation

5 in subsection (c), the Secretary or one or more third par6 ties designated by the Secretary may take the following

7 actions:

8 (1) Notwithstanding any other provision of law,

9 and subject to the agreement of the project owner,

10 the Secretary or third party may remove, relinquish,

11 extinguish, modify, or agree to the removal of any

12 mortgage, regulatory agreement, project-based as13 sistance contract, use agreement, or restriction that

14 had been imposed or required by the Secretary, in15 cluding restrictions on distributions of income which

16 the Secretary or third party determines would inter17 fere with the ability of the project to operate without

18 above market rents. The Secretary or third party

19 may require an owner of a property assisted under

20 the section 8 new construction/substantial rehabilita21 tion program to apply any accumulated residual re22 ceipts toward effecting the purposes of this section.

23 (2) Notwithstanding any other provision of law,

24 the Secretary of Housing and Urban Development

25 may enter into contracts to purchase reinsurance, or
677

S 1594 RS

1 enter into participations or otherwise transfer eco2 nomic interest in contracts of insurance or in the

3 premiums paid, or due to be paid, on such insurance

4 to third parties, on such terms and conditions as the

5 Secretary may determine.

6 (3) The Secretary may offer project-based as7 sistance with rents at or below fair market rents for

8 the locality in which the project is located and may

9 negotiate such other terms as are acceptable to the

10 Secretary and the project owner.

11 (4) The Secretary may offer to pay all or a por12 tion of the project’s debt service, including payments

13 monthly from the appropriate Insurance Fund, for

14 the full remaining term of the insured mortgage.

15 (5) Notwithstanding any other provision of law,

16 the Secretary may forgive and cancel any FHA-in17 sured mortgage debt that a demonstration program

18 property cannot carry at market rents while bearing

19 full operating costs.

20 (6) For demonstration program properties that

21 cannot carry full operating costs (excluding debt

22 service) at market rents, the Secretary may approve

23 project-based rents sufficient to carry such full oper24 ating costs and may offer to pay the full debt service

25 in the manner provided in paragraph (4).
678

S 1594 RS

1 (d) COMMUNITY AND TENANT INPUT.—In carrying

2 out this section, the Secretary shall develop procedures to

3 provide appropriate and timely notice to officials of the

4 unit of general local government affected, the community

5 in which the project is situated, and the tenants of the

6 project.

7 (e) LIMITATION ON DEMONSTRATION AUTHORITY.—

8 The Secretary may carry out demonstration programs

9 under this section with respect to mortgages not to exceed

10 15,000 units. The demonstration authorized under this

11 section shall not be expanded until the reports required

12 under subsection (g) are submitted to the Congress.

13 (f) APPROPRIATION.—For the cost of modifying loans

14 held or guaranteed by the Federal Housing Administra15 tion, as authorized by this subsection (a)(2) and sub16 section (c), $15,000,000, to remain available until Sep17 tember 30, 1997: Provided, That such costs shall be as

18 defined in section 502 of the Congressional Budget Act

19 of 1974, as amended.

20 (g) REPORT TO CONGRESS.—The Secretary shall

21 submit to the Congress every six months after the date

22 of enactment of this Act a report describing and assessing

23 the programs carried out under the demonstrations. The

24 Secretary shall also submit a final report to the Congress

25 not later than six months after the end of the demonstra-
679

S 1594 RS

1 tions. The reports shall include findings and recommenda2 tions for any legislative action appropriate. The reports

3 shall also include a description of the status of each multi4 family housing project selected for the demonstrations

5 under this section. The final report may include—

6 (1) the size of the projects;

7 (2) the geographic locations of the projects, by

8 State and region;

9 (3) the physical and financial condition of the

10 projects;

11 (4) the occupancy profile of the projects, includ12 ing the income, family size, race, and ethnic origin

13 of current tenants, and the rents paid by such ten14 ants;

15 (5) a description of actions undertaken pursu16 ant to this section, including a description of the ef17 fectiveness of such actions and any impediments to

18 the transfer or sale of multifamily housing projects;

19 (6) a description of the extent to which the

20 demonstrations under this section have displaced

21 tenants of multifamily housing projects;

22 (7) a description of any of the functions per23 formed in connection with this section that are

24 transferred or contracted out to public or private en25 tities or to States;
680

S 1594 RS

1 (8) a description of the impact to which the

2 demonstrations under this section have affected the

3 localities and communities where the selected multi4 family housing projects are located; and

5 (9) a description of the extent to which the

6 demonstrations under this section have affected the

7 owners of multifamily housing projects.

8 ASSESSMENT COLLECTION DATES FOR OFFICE OF

9 FEDERAL HOUSING ENTERPRISE OVERSIGHT

10 SEC. 216. Section 1316(b) of the Housing and Com11 munity Development Act of 1992 (12 U.S.C. 4516(b)) is

12 amended by striking paragraph (2) and inserting the fol13 lowing new paragraph:

14 ‘‘(2) TIMING OF PAYMENT.—The annual assessment

15 shall be payable semiannually for each fiscal year, on Oc16 tober 1 and April 1.’’.

17 MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL

18 OF EXPIRING SECTION 8 SUBSIDY CONTRACTS AND

19 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

20 SEC. 217. All remaining obligated and unobligated

21 balances in the Renewal of Expiring Section 8 Subsidy

22 Contracts account on September 30, 1995, shall imme23 diately thereafter be transferred to and merged with the

24 obligated and unobligated balances, respectively, of the

25 Annual Contributions for Assisted Housing account.
681

S 1594 RS

1 DEBT FORGIVENESS

2 SEC. 218. (a) The Secretary of Housing and Urban

3 Development shall cancel the indebtedness of the Hubbard

4 Hospital Authority of Hubbard, Texas, relating to the

5 public facilities loan for Project Number PFL–TEX–215,

6 issued under title II of the Housing Amendments of 1955.

7 Such hospital authority is relieved of all liability to the

8 Government for the outstanding principal balance on such

9 loan, for the amount of accrued interest on such loan, and

10 for any fees and charges payable in connection with such

11 loan.

12 (b) The Secretary of Housing and Urban Develop13 ment shall cancel the indebtedness of the Groveton Texas

14 Hospital Authority relating to the public facilities loan for

15 Project Number TEX–41–PFL0162, issued under title II

16 of the Housing Amendments of 1955. Such hospital au17 thority is relieved of all liability to the Government for

18 the outstanding principal balance on such loan, for the

19 amount of accrued interest on such loan, and for any fees

20 and charges payable in connection with such loan.

21 (c) The Secretary of Housing and Urban Develop22 ment shall cancel the indebtedness of the Hepzibah Public

23 Service District of Hepzibah, West Virginia, relating to

24 the public facilities loan for Project Number WV–46–

25 PFL0031, issued under title II of the Housing Amend-
682

S 1594 RS

1 ments of 1955. Such public service district is relieved of

2 all liability to the Government for the outstanding prin3 cipal balance on such loan, for the amount of accrued in4 terest on such loan, and for any fees and charges payable

5 in connection with such loan.

6 CLARIFICATIONS

7 SEC. 219. For purposes of Federal law, the Paul Mi8 rabile Center in San Diego, California, including areas

9 within such Center that are devoted to the delivery of sup10 portive services, has been determined to satisfy the ‘‘con11 tinuum of care’’ requirements of the Department of Hous12 ing and Urban Development, and shall be treated as—

13 (a) consisting solely of residential units that (i)

14 contain sleeping accommodations and kitchen and

15 bathroom facilities, (ii) are located in a building that

16 is used exclusively to facilitate the transition of

17 homeless individuals (within the meaning of section

18 103 of the Stewart B. McKinney Homeless Assist19 ance Act (42 U.S.C. 11302), as in effect on Decem20 ber 19, 1989) to independent living within 24

21 months, (iii) are suitable for occupancy, with each

22 cubicle constituting a separate bedroom and residen23 tial unit, (iv) are used on other than a transient

24 basis, and (v) shall be originally placed in service on

25 November 1, 1995; and
683

S 1594 RS

1 (b) property that is entirely residential rental

2 property, namely, a project for residential rental

3 property.

4 EMPLOYMENT LIMITATIONS

5 SEC. 220. (a) By the end of fiscal year 1996 the De6 partment of Housing and Urban Development shall em7 ploy no more than eight Assistant Secretaries, notwith8 standing section 4(a) of the Department of Housing and

9 Urban Development Act.

10 (b) By the end of fiscal year 1996 the Department

11 of Housing and Urban Development shall employ no more

12 than 85 schedule C and 20 non-career senior executive

13 service employees.

14 USE OF FUNDS

15 SEC. 221. (a) Of the $93,400,000 earmarked in Pub16 lic Law 101–144 (103 Stat. 850), as amended by Public

17 Law 101–302 (104 Stat. 237), for special projects and

18 purposes, any amounts remaining of the $500,000 made

19 available to Bethlehem House in Highland, California, for

20 site planning and loan acquisition shall instead be made

21 available to the County of San Bernardino in California

22 to assist with the expansion of the Los Padrinos Gang

23 Intervention Program and the Unity Home Domestic Vio24 lence Shelter.

25 (b) The amount made available for fiscal year 1995

26 for the removal of asbestos from an abandoned public
684

S 1594 RS

1 school building in Toledo, Ohio shall be made available

2 for the renovation and rehabilitation of an industrial

3 building at the University of Toledo in Toledo, Ohio.

4 LEAD-BASED PAINT ABATEMENT

5 SEC. 222. (a) Section 1011 of Title X—Residential

6 Lead-Based Paint Hazard Reduction Act of 1992 is

7 amended as follows: Strike ‘‘priority housing’’ wherever it

8 appears in said section and insert ‘‘housing’’.

9 (b) Section 1011(a) shall be amended as follows: At

10 the end of the subsection after the period, insert: ‘‘Grants

11 shall only be made under this section to provide assistance

12 for housing which meets the following criteria—

13 ‘‘(1) for grants made to assist rental housing,

14 at least 50 percent of the units must be occupied by

15 or made available to families with incomes at or

16 below 50 percent of the area median income level

17 and the remaining units shall be occupied or made

18 available to families with incomes at or below 80

19 percent of the area median income level, and in all

20 cases the landlord shall give priority in renting units

21 assisted under this section, for not less than 3 years

22 following the completion of lead abatement activities,

23 to families with a child under the age of six years,

24 except that buildings with five or more units may

25 have 20 percent of the units occupied by families
685

S 1594 RS

1 with incomes above 80 percent of area median in2 come level;

3 ‘‘(2) for grants made to assist housing owned

4 by owner-occupants, all units assisted with grants

5 under this section shall be the principal residence of

6 families with income at or below 80 percent of the

7 area median income level, and not less than 90 per8 cent of the units assisted with grants under this sec9 tion shall be occupied by a child under the age of

10 six years or shall be units where a child under the

11 age of six years spends a significant amount of time

12 visiting; and

13 ‘‘(3) notwithstanding paragraphs (1) and (2),

14 Round II grantees who receive assistance under this

15 section may use such assistance for priority hous16 ing.’’.

17 EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS

18 WITH PHAS

19 SEC. 223. Section 9(a)(3)(B)(i) of the United States

20 Housing Act of 1937 is amended by striking ‘‘for a period

21 not to exceed 6 years’’.

22 MORTGAGE NOTE SALES

23 SEC. 223A. The first sentence of section

24 221(g)(4)(C)(viii) of the National Housing Act is amended

25 by striking ‘‘September 30, 1995’’ and inserting in lieu

26 thereof ‘‘September 30, 1996’’.
686

S 1594 RS

1 REPEAL OF FROST-LELAND

2 SEC. 223B. Section 415 of the Department of Hous3 ing and Urban Development—Independent Agencies Ap4 propriations Act, 1988 (Public Law 100–202; 101 Stat.

5 1329–213) is repealed.

6 FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM

7 SEC. 223C. (a) CORRECTION TO FORECLOSURE

8 AVOIDANCE PROVISION.— The penultimate proviso of sec9 tion 204(a) of the National Housing Act (12 U.S.C.

10 1710(a)). As added by section 407(a) of the Balanced

11 Budget Downpayment Act, I, is amended by striking ‘‘spe12 cial foreclosure’’ and inserting in lieu thereof ‘‘special

13 forebearance’’.

14 (b) CORRECTION TO SAVINGS PROVISION.—Section

15 230(d) of the National Housing Act, as amended by sec16 tion 407(b) of the Balanced Budget Downpayment Act,

17 I, is amended to read as follows:

18 ‘‘(d) SAVINGS PROVISION.—Any mortgage for which

19 the mortgagor has applied to the Secretary, before March

20 15, 1996, for assignment pursuant to subsection (b) of

21 this section as in effect before enactment of the Balanced

22 Budget Downpayment Act, I, shall continue to be gov23 erned by the provisions of this section as in effect imme24 diately before enactment of the Balanced Budget Down25 payment Act, I.’’
687

S 1594 RS

1 (c) CORRECTION TO DATE FOR REGULATIONS.—Sec2 tion 407(d) of the Balanced Budget Downpayment Act,

3 I, is amended to read as follows:

4 ‘‘(d) REGULATIONS.—Not later than April 15, 1996,

5 the Secretary of Housing and Urban Development shall

6 issue interim regulations to implement this section and the

7 amendments made by this section.’’

8 SPENDING LIMITATIONS

9 SEC. 223D. (a) None of the funds in this Act may

10 be used by the Secretary to impose any sanction, or pen11 alty because of the enactment of any State or local law

12 or regulation declaring English as the official language.

13 (b) No part of any appropriation contained in this

14 Act shall be used for lobbying activities as prohibited by

15 law.

16 TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF

17 JUSTICE

18 SEC. 223E. All functions, activities and responsibil19 ities of the Secretary of Housing and Urban Development

20 relating to title VIII of the Civil Rights Act of 1968, as

21 amended by the Fair Housing Amendments Act of 1988,

22 and the Fair Housing Act, including any rights guaran23 teed under the Fair Housing Act (including any functions

24 relating to the Fair Housing Initiatives program under

25 section 561 of the Housing and Community Development

26 Act of 1987), are hereby transferred to the Attorney Gen-
688

S 1594 RS

1 eral of the United States effective April 1, 1997: Provided,

2 That none of the aforementioned authority or responsibil3 ity for enforcement of the Fair Housing Act shall be trans4 ferred to the Attorney General until adequate personnel

5 and resources allocated to such activity at the Department

6 of Housing and Urban Development are transferred to the

7 Department of Justice.

8 SEC. 224. None of the funds provided in this Act may

9 be used during fiscal year 1996 to investigate or prosecute

10 under the Fair Housing Act (42 U.S.C. 3601, et seq.) any

11 otherwise lawful activity engaged in by one or more per12 sons, including the filing or maintaining of non-frivolous

13 legal action, that is engaged in solely for the purposes of

14 achieving or preventing action by a Government official,

15 entity, or court of competent jurisdiction.

16 SEC. 225. None of the funds provided in this Act

17 many be used to take any enforcement action with respect

18 to a complaint of discrimination under the Fair Housing

19 Act (42 U.S.C. 3601, et seq.) on the basis of familial sta20 tus and which involves an occupancy standard established

21 by the housing provider except to the extent that it is

22 found that there has been discrimination in contravention

23 of the standards provided in the March 20, 1991 Memo24 randum from the General Counsel of the Department of

25 Housing and Urban Development to all Regional Counsel
689

S 1594 RS

1 or until such time that HUD issues a final rule in accord2 ance with section 553 of title 5, United States Code.

3 CDBG ELIGIBLE ACTIVITIES

4 SEC. 226. Section 105(a) of the Housing and Com5 munity Development Act of 1974 (42 U.S.C. 5305(a)) is

6 amended—

7 (1) in paragraph (4)—

8 (A) by inserting ‘‘reconstruction,’’ after

9 ‘‘removal,’’; and

10 (B) by striking ‘‘acquisition for rehabilita11 tion, and rehabilitation’’ and inserting ‘‘acquisi12 tion for reconstruction or rehabilitation, and re13 construction or rehabilitation’’;

14 (2) in paragraph (13), by striking ‘‘and’’ at the

15 end;

16 (3) by striking paragraph (19);

17 (4) in paragraph (24), by striking ‘‘and’’ at the

18 end;

19 (5) in paragraph (25), by striking the period at

20 the end and inserting ‘‘; and’’;

21 (6) by redesignating paragraphs (20) through

22 (25) as paragraphs (19) through (24), respectively;

23 and

24 (7) by redesignating paragraph (21) (as added

25 by section 1012(f)(3) of the Housing and Commu26 nity Development Act of 1992) as paragraph (25).
690

S 1594 RS

1 TITLE III

2 INDEPENDENT AGENCIES

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for,

6 of the American Battle Monuments Commission, including

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of

9 national cemeteries and monuments outside of the United

10 States and its territories and possessions; rent of office

11 and garage space in foreign countries; purchase (one for

12 replacement only) and hire of passenger motor vehicles;

13 and insurance of official motor vehicles in foreign coun14 tries, when required by law of such countries;

15 $20,265,000, to remain available until expended: Pro16 vided, That where station allowance has been authorized

17 by the Department of the Army for officers of the Army

18 serving the Army at certain foreign stations, the same al19 lowance shall be authorized for officers of the Armed

20 Forces assigned to the Commission while serving at the

21 same foreign stations, and this appropriation is hereby

22 made available for the payment of such allowance: Pro23 vided further, That when traveling on business of the Com24 mission, officers of the Armed Forces serving as members

25 or as Secretary of the Commission may be reimbursed for
691

S 1594 RS

1 expenses as provided for civilian members of the Commis2 sion: Provided further, That the Commission shall reim3 burse other Government agencies, including the Armed

4 Forces, for salary, pay, and allowances of personnel as5 signed to it.

6 DEPARTMENT OF THE TREASURY

7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

8 FUND

9 PROGRAM ACCOUNT

10 For grants, loans, and technical assistance to qualify11 ing community development financial institutions, and ad12 ministrative expenses of the Fund, $50,000,000, to re13 main available until September 30, 1997: Provided, That

14 of the funds made available under this heading not to ex15 ceed $4,000,000 may be used for the cost of direct loans,

16 and not to exceed $400,000 may be used for administra17 tive expenses to carry out the direct loan program: Pro18 vided further, That the cost of direct loans, including the

19 cost of modifying such loans, shall be defined as in section

20 502 of the Congressional Budget Act of 1974: Provided

21 further, That such funds are available to subsidize gross

22 obligations for the principal amount of direct loans not

23 to exceed $31,600,000: Provided further, That none of

24 these funds shall be used to supplement existing resources

25 provided to the Department for activities such as external

26 affairs, general counsel, administration, finance, or office
692

S 1594 RS

1 of inspector general: Provided further, That none of these

2 funds shall be available for expenses of an Administrator

3 as defined in section 104 of the Community Development

4 Banking and Financial Institutions Act of 1994 (CDBFI

5 Act): Provided further, That notwithstanding any other

6 provision of law, for purposes of administering the Com7 munity Development Financial Institutions Fund, the Sec8 retary of the Treasury shall have all powers and rights

9 of the Administrator of the CDBFI Act and the Fund

10 shall be within the Department of the Treasury.

11 CONSUMER PRODUCT SAFETY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Consumer Product

14 Safety Commission, including hire of passenger motor ve15 hicles, services as authorized by 5 U.S.C. 3109, but at

16 rates for individuals not to exceed the per diem rate equiv17 alent to the rate for GS–18, purchase of nominal awards

18 to recognize non-Federal officials’ contributions to Com19 mission activities, and not to exceed $500 for official re20 ception and representation expenses, $40,000,000.

21 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

22 NATIONAL AND COMMUNITY SERVICE PROGRAMS

23 OPERATING EXPENSES

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses for the Corporation for Na26 tional and Community Service (referred to in the matter
693

S 1594 RS

1 under this heading as the ‘‘Corporation’’) in carrying out

2 programs, activities, and initiatives under the National

3 and Community Service Act of 1990 (referred to in the

4 matter under this heading as the ‘‘Act’’) (42 U.S.C. 12501

5 et seq.), $383,500,000, of which $234,000,000 shall be

6 available for obligation from September 1, 1996, through

7 August 21, 1997: Provided, That not more than

8 $25,000,000 shall be available for administrative expenses

9 authorized under section 501(a)(4) of the Act (42 U.S.C.

10 12681(a)(4)): Provided further, That not more than

11 $2,500 shall be for official reception and representation

12 expenses: Provided further, That not more than

13 $59,000,000, to remain available without fiscal year limi14 tation, shall be transferred to the National Service Trust

15 account for educational awards authorized under subtitle

16 D of title I of the Act (42 U.S.C. 12601 et seq.): Provided

17 further, That not more than $175,000,000 of the amount

18 provided under this heading shall be available for grants

19 under the National Service Trust program authorized

20 under subtitle C of title I of the Act (42 U.S.C. 12571

21 et seq.) (relating to activities including the Americorps

22 program): Provided further, That not more than

23 $3,500,000 of the funds made available under this head24 ing shall be made available for the Points of Light Foun25 dation for activities authorized under title III of the Act
694

S 1594 RS

1 (42 U.S.C. 12661 et seq.): Provided further, That not

2 more than $40,000,000 of the funds made available under

3 this heading may be used to administer, reimburse, or sup4 port any national service program authorized under sec5 tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), and

6 none of such funds shall be available for national service

7 programs run by Federal agencies authorized under sec8 tion 121(b) of such Act (42 U.S.C. 12581(b)): Provided

9 further, That, to the maximum extent feasible, funds ap10 propriated in the preceding proviso shall be provided in

11 a manner that is consistent with the recommendations of

12 peer review panels in order to ensure that priority is given

13 to programs that demonstrate quality, innovation,

14 replicability, and sustainability: Provided further, That not

15 more than $18,000,000 of the funds made available under

16 this heading shall be available for the Civilian Community

17 Corps authorized under subtitle E of title I of the Act

18 (42 U.S.C. 12611 et seq.): Provided further, That not

19 more than $43,000,000 shall be available for school-based

20 and community-based service-learning programs author21 ized under subtitle B of title I of the Act (42 U.S.C. 12521

22 et seq.): Provided further, That not more than

23 $15,000,000 shall be available for quality and innovation

24 activities authorized under subtitle H of title I of the Act

25 (42 U.S.C. 12653 et seq.): Provided further, That not
695

S 1594 RS

1 more than $5,000,000 shall be available for audits and

2 other evaluations authorized under section 179 of the Act

3 (42 U.S.C. 12639), of which up to $500,000 shall be avail4 able for a study by the National Academy of Public Ad5 ministration on the structure, organization, and manage6 ment of the Corporation and activities supported by the

7 Corporation, including an assessment of the quality, inno8 vation, replicability, and sustainability without Federal

9 funds of such activities, and the Federal and non-federal

10 cost of supporting participants in community service ac11 tivities: Provided further, That no funds from any other

12 appropriation, or from funds otherwise made available to

13 the Corporation, shall be used to pay for personnel com14 pensation and benefits, travel, or any other administrative

15 expense for the Board of Directors, the Office of the Chief

16 Executive Officer, the Office of the Managing Director,

17 the Office of the Chief Financial Officer, the Office of Na18 tional and Community Service Programs, the Civilian

19 Community Corps, or any field office or staff of the Cor20 poration working on the National and Community Service

21 or Civilian Community Corps programs: Provided further,

22 That to the maximum extent practicable, the Corporation

23 shall increase significantly the level of matching funds and

24 in-kind contributions provided by the private sector, shall

25 expand significantly the number of educational awards
696

S 1594 RS

1 provided under subtitle D of title 1, and shall reduce the

2 total Federal cost per participant in all programs.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, $2,000,000.

7 COURT OF VETERANS APPEALS

8 SALARIES AND EXPENSES

9 For necessary expenses for the operation of the Unit10 ed States Court of Veterans Appeals as authorized by 38

11 U.S.C. sections 7251–7292, $9,000,000, of which not to

12 exceed $678,000, to remain available until September 30,

13 1997, shall be available for the purpose of providing finan14 cial assistance as described, and in accordance with the

15 process and reporting procedures set forth, under this

16 head in Public Law 102–229.

17 DEPARTMENT OF DEFENSE—CIVIL

18 CEMETERIAL EXPENSES, ARMY

19 SALARIES AND EXPENSES

20 For necessary expenses, as authorized by law, for

21 maintenance, operation, and improvement of Arlington

22 National Cemetery and Soldiers’ and Airmen’s Home Na23 tional Cemetery, and not to exceed $1,000 for official re24 ception and representation expenses; $11,946,000, to re25 main available until expended.
697

S 1594 RS

1 ENVIRONMENTAL PROTECTION AGENCY

2 SCIENCE AND TECHNOLOGY

3 For science and technology, including research and

4 development activities, which shall include research and

5 development activities under the Comprehensive Environ6 mental Response, Compensation and Liability Act of 1980

7 (CERCLA), as amended; necessary expenses for personnel

8 and related costs and travel expenses, including uniforms,

9 or allowances therefore, as authorized by 5 U.S.C. 5901–

10 5902; services as authorized by 5 U.S.C. 3109, but at

11 rates for individuals not to exceed the per diem rate equiv12 alent to the rate for GS–18; procurement of laboratory

13 equipment and supplies; other operating expenses in sup14 port of research and development; construction, alteration,

15 repair, rehabilitation and renovation of facilities, not to

16 exceed $75,000 per project; $525,000,000, which shall re17 main available until September 30, 1997.

18 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

19 For environmental programs and management, in20 cluding necessary expenses, not otherwise provided for, for

21 personnel and related costs and travel expenses, including

22 uniforms, or allowances therefore, as authorized by 5

23 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

24 3109, but at rates for individuals not to exceed the per

25 diem rate equivalent to the rate for GS–18; hire of pas26 senger motor vehicles; hire, maintenance, and operation
698

S 1594 RS

1 of aircraft; purchase of reprints; library memberships in

2 societies or associations which issue publications to mem3 bers only or at a price to members lower than to subscrib4 ers who are not members; construction, alteration, repair,

5 rehabilitation, and renovation of facilities, not to exceed

6 $75,000 per project; and not to exceed $6,000 for official

7 reception and representation expenses; $1,590,300,000,

8 which shall remain available until September 30, 1997:

9 Provided, That, notwithstanding any other provision of

10 law, for this fiscal year and hereafter, an industrial dis11 charger that is a pharmaceutical manufacturing facility

12 and discharged to the Kalamazoo Water Reclamation

13 Plant (an advanced wastewater treatment plant with acti14 vated carbon) prior to the date of enactment of this Act

15 may be exempted from categorical pretreatment standards

16 under section 307(b) of the Federal Water Pollution Con17 trol Act, as amended, if the following conditions are met:

18 (1) the owner or operator of the Kalamazoo

19 Water Reclamation Plant applies to the State of

20 Michigan for an exemption for such industrial dis21 charger,

22 (2) the State or Administrator, as applicable,

23 approves such exemption request based upon a de24 termination that the Kalamazoo Water Reclamation

25 Plant will provide treatment and pollution removal
699

S 1594 RS

1 equivalent to or better than that which would be re2 quired through a combination of pretreatment by

3 such industrial discharger and treatment by the

4 Kalamazoo Water Reclamation Plant in the absence

5 of the exemption, and

6 (3) compliance with paragraph (2) is addressed

7 by the provisions and conditions of a permit issued

8 to the Kalamazoo Water Reclamation Plant under

9 section 402 of such Act, and there exists an opera10 tive financial contract between the City of Kala11 mazoo and the industrial user and an approved local

12 pretreatment program, including a joint monitoring

13 program and local controls to prevent against inter14 ference and pass through.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector

17 General in carrying out the provisions of the Inspector

18 General Act of 1978, as amended, and for construction,

19 alteration, repair, rehabilitation, and renovation of facili20 ties, not to exceed $75,000 per project, $28,500,000.

21 BUILDINGS AND FACILITIES

22 For construction, repair, improvement, extension, al23 teration, and purchase of fixed equipment or facilities of,

24 or use by, the Environmental Protection Agency,

25 $60,000,000, to remain available until expended.
700

S 1594 RS

1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the Comprehen4 sive Environmental Response, Compensation and Liability

5 Act of 1980 (CERCLA), as amended, including sections

6 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611),

7 and for construction, alteration, repair, rehabilitation, and

8 renovation of facilities, not to exceed $75,000 per project;

9 not to exceed $1,263,400,000, to remain available until

10 expended, consisting of $1,013,400,000 as authorized by

11 section 517(a) of the Superfund Amendments and Reau12 thorization Act of 1986 (SARA), as amended by Public

13 Law 101–508 (of which, $100,000,000 shall not become

14 available until September 1, 1996), and $250,000,000 as

15 a payment from general revenues to the Hazardous Sub16 stance Superfund as authorized by section 517(b) of

17 SARA, as amended by Public Law 101–508: Provided,

18 That funds appropriated under this heading may be allo19 cated to other Federal agencies in accordance with section

20 111(a) of CERCLA: Provided further, That $11,000,000

21 of the funds appropriated under this heading shall be

22 transferred to the Office of Inspector General appropria23 tion to remain available until September 30, 1996: Pro24 vided further, That notwithstanding section 111(m) of

25 CERCLA or any other provision of law, not to exceed

26 $59,000,000 of the funds appropriated under this heading
701

S 1594 RS

1 shall be available to the Agency for Toxic Substances and

2 Disease Registry to carry out activities described in sec3 tions 104(i), 111(c)(4), and 111(c)(14) of CERCLA and

4 section 118(f) of the Superfund Amendments and Reau5 thorization Act of 1986: Provided further, That none of

6 the funds appropriated under this heading shall be avail7 able for the Agency for Toxic Substances and Disease

8 Registry to issue in excess of 40 toxicological profiles pur9 suant to section 104(i) of CERCLA during fiscal year

10 1996: Provided further, That none of the funds made

11 available under this heading may be used by the Environ12 mental Protection Agency to propose for listing or to list

13 any additional facilities on the National Priorities List es14 tablished by section 105 of the Comprehensive Environ15 mental Response, Compensation and Liability Act

16 (CERCLA), as amended (42 U.S.C. 9605), unless the Ad17 ministrator receives a written request to propose for list18 ing or to list a facility from the Governor of the State

19 in which the facility is located, or unless legislation to re20 authorize CERCLA is enacted.

21 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out leaking under24 ground storage tank cleanup activities authorized by sec25 tion 205 of the Superfund Amendments and Reauthoriza26 tion Act of 1986, and for construction, alteration, repair,
702

S 1594 RS

1 rehabilitation, and renovation of facilities, not to exceed

2 $75,000 per project, $45,827,000, to remain available

3 until expended: Provided, That no more than $7,000,000

4 shall be available for administrative expenses: Provided

5 further, That $500,000 shall be transferred to the Office

6 of Inspector General appropriation to remain available

7 until September 30, 1996.

8 OIL SPILL RESPONSE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary to carry out the Environ11 mental Protection Agency’s responsibilities under the Oil

12 Pollution Act of 1990, $15,000,000, to be derived from

13 the Oil Spill Liability trust fund, and to remain available

14 until expended: Provided, That not more than $8,000,000

15 of these funds shall be available for administrative ex16 penses.

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 For environmental programs and infrastructure as19 sistance, including capitalization grants for State revolv20 ing funds and performance partnership grants,

21 $2,423,000,000, to remain available until expended, of

22 which $1,500,000,000 shall be for making capitalization

23 grants for State revolving funds to support water infra24 structure financing; $100,000,000 for architectural, engi25 neering, design, construction and related activities in con26 nection with the construction of high priority water and
703

S 1594 RS

1 wastewater facilities in the area of the United States-Mex2 ico Border, after consultation with the appropriate border

3 commission; $50,000,000 for grants to the State of Texas,

4 which shall be matched by an equal amount of State funds

5 from State resources, for the purpose of improving

6 wastewater treatment for colonias; $15,000,000 for grants

7 to the State of Alaska, subject to an appropriate cost

8 share as determined by the Administrator, to address

9 wastewater infrastructure needs of rural and Alaska Na10 tive villages; and $100,000,000 for making grants for the

11 construction of wastewater treatment facilities and the de12 velopment of groundwater in accordance with the terms

13 and conditions specified for such grants in the Conference

14 Report accompanying this Act (H.R. 2099): Provided,

15 That beginning in fiscal year 1996 and each fiscal year

16 thereafter, and notwithstanding any other provision of

17 law, the Administrator is authorized to make grants annu18 ally from funds appropriated under this heading, subject

19 to such terms and conditions as the Administrator shall

20 establish, to any State or federally recognized Indian tribe

21 for multimedia or single media pollution prevention, con22 trol and abatement and related environmental activities at

23 the request of the Governor or other appropriate State of24 ficial or the tribe: Provided further, That from funds ap25 propriated under this heading, the Administrator may
704

S 1594 RS

1 make grants to federally recognized Indian governments

2 for the development of multimedia environmental pro3 grams: Provided further, That of the $1,500,000,000 for

4 capitalization grants for State revolving funds to support

5 water infrastructure financing, $275,000,000 shall be for

6 drinking water State revolving funds, but if no drinking

7 water State revolving fund legislation is enacted by June

8 1, 1996, these funds shall immediately be available for

9 making capitalization grants under title VI of the Federal

10 Water Pollution Control Act, as amended: Provided fur11 ther, That of the funds made available in Public Law 103–

12 327 and in Public Law 103–124 for capitalization grants

13 for State revolving funds to support water infrastructure

14 financing, $225,000,000 shall be made available for cap15 italization grants for State revolving funds under title VI

16 of the Federal Water Pollution Control Act, as amended,

17 if no drinking water State revolving fund legislation is en18 acted by June 1, 1996: Provided further, That of the funds

19 made available under this heading for capitalization grants

20 for State Revolving Funds under title VI of the Federal

21 Water Pollution Control Act, as amended, $50,000,000

22 shall be for wastewater treatment in impoverished commu23 nities pursuant to section 102(d) of H.R. 961 as approved

24 by the United States House of Representatives on May

25 16, 1995: Provided further, That of the funds appropriated
705

S 1594 RS

1 in the Construction Grants and Water Infrastructure/

2 State Revolving Funds accounts since the appropriation

3 for the fiscal year ending September 30, 1992, and here4 after, for making grants for wastewater treatment works

5 construction projects, portions may be provided by the re6 cipients to States for managing construction grant activi7 ties, on condition that the States agree to reimburse the

8 recipients from State funding sources: Provided further,

9 That the funds made available in Public Law 103–327 for

10 a grant to the City of Mt. Arlington, New Jersey, in ac11 cordance with House Report 103–715, shall be available

12 for a grant to that city for water and sewer improvements.

13 ADMINISTRATIVE PROVISIONS

14 SEC. 301. None of the funds provided in this Act may

15 be used within the Environmental Protection Agency for

16 any final action by the Administrator or her delegate for

17 signing and publishing for promulgation of a rule concern18 ing any new standard for radon in drinking water.

19 SEC. 302. None of the funds provided in this Act may

20 be used during fiscal year 1996 to sign, promulgate, im21 plement or enforce the requirement proposed as ‘‘Regula22 tion of Fuels and Fuel Additives: Individual Foreign Re23 finery Baseline Requirements for Reformulated Gasoline’’

24 at volume 59 of the Federal Register at pages 22800

25 through 22814.
706

S 1594 RS

1 SEC. 303. None of the funds appropriated to the En2 vironmental Protection Agency for fiscal year 1996 may

3 be used to implement section 404(c) of the Federal Water

4 Pollution Control Act, as amended. No pending action by

5 the Environmental Protection Agency to implement sec6 tion 404(c) with respect to an individual permit shall re7 main in effect after the date of enactment of this Act.

8 SEC. 304. None of the funds appropriated under this

9 Act may be used to implement the requirements of section

10 186(b)(2), section 187(b) or section 211(m) of the Clean

11 Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m))

12 with respect to any moderate nonattainment area in which

13 the average daily winter temperature is below 0 degrees

14 Fahrenheit. The preceding sentence shall not be inter15 preted to preclude assistance from the Environmental Pro16 tection Agency to the State of Alaska to make progress

17 toward meeting the carbon monoxide standard in such

18 areas and to resolve remaining issues regarding the use

19 of oxygenated fuels in such areas.

20 SEC. 305. Notwithstanding any other provision of

21 law, the Environmental Protection Agency shall: (1) trans22 fer all real property acquired in Bay City, Michigan, for

23 the creation of the Center for Ecology, Research and

24 Training (CERT) to the City of Bay City or other local

25 public or municipal entity; and (2) make a grant in fiscal
707

S 1594 RS

1 year 1996 to the recipient of the property of not less than

2 $3,000,000 from funds previously appropriated for the

3 CERT project for the purpose of environmental remedi4 ation and rehabilitation of real property included in the

5 boundaries of the CERT project. The disposition of prop6 erty shall be by donation or no-cost transfer and shall be

7 made to the City of Bay City, Michigan or other local pub8 lic or municipal entity.

9 Further, notwithstanding any other provision of law,

10 the agency shall have the authority to demolish or dispose

11 of any improvements on such real property, or to donate,

12 sell, or transfer any personal property or improvements

13 on such real property to members of the general public,

14 by auction or public sale, and to apply any funds received

15 to costs related to the transfer of the real property author16 ized hereunder.

17 EXECUTIVE OFFICE OF THE PRESIDENT

18 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

19 For necessary expenses of the Office of Science and

20 Technology Policy, in carrying out the purposes of the Na21 tional Science and Technology Policy, Organization, and

22 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

23 of passenger motor vehicles, services as authorized by 5

24 U.S.C. 3109, not to exceed $2,500 for official reception

25 and representation expenses, and rental of conference
708

S 1594 RS

1 rooms in the District of Columbia, $4,981,000: Provided,

2 That the Office of Science and Technology Policy shall

3 reimburse other agencies for not less than one-half of the

4 personnel compensation costs of individuals detailed to it.

5 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

6 ENVIRONMENTAL QUALITY

7 For necessary expenses to continue functions as8 signed to the Council on Environmental Quality and Office

9 of Environmental Quality pursuant to the National Envi10 ronmental Policy Act of 1969, the Environmental Im11 provement Act of 1970 and Reorganization Plan No. 1

12 of 1977, $2,180,000.

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF

15 For necessary expenses in carrying out the functions

16 of the Robert T. Stafford Disaster Relief and Emergency

17 Assistance Act (42 U.S.C. 5121 et seq.), $222,000,000,

18 to remain available until expended.

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For the cost of direct loans, $2,155,000, as author21 ized by section 319 of the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 U.S.C. 5121 et

23 seq.): Provided, That such costs, including the cost of

24 modifying such loans, shall be as defined in section 502

25 of the Congressional Budget Act of 1974, as amended:

26 Provided further, That these funds are available to sub-
709

S 1594 RS

1 sidize gross obligations for the principal amount of direct

2 loans not to exceed $25,000,000.

3 In addition, for administrative expenses to carry out

4 the direct loan program, $95,000.

5 SALARIES AND EXPENSES

6 For necessary expenses, not otherwise provided for,

7 including hire and purchase of motor vehicles (31 U.S.C.

8 1343); uniforms, or allowances therefor, as authorized by

9 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

10 3109, but at rates for individuals not to exceed the per

11 diem rate equivalent to the rate for GS–18; expenses of

12 attendance of cooperating officials and individuals at

13 meetings concerned with the work of emergency prepared14 ness; transportation in connection with the continuity of

15 Government programs to the same extent and in the same

16 manner as permitted the Secretary of a Military Depart17 ment under 10 U.S.C. 2632; and not to exceed $2,500

18 for official reception and representation expenses;

19 $168,900,000.

20 OFFICE OF THE INSPECTOR GENERAL

21 For necessary expenses of the Office of the Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $4,673,000.

24 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

25 For necessary expenses, not otherwise provided for,

26 to carry out activities under the National Flood Insurance
710

S 1594 RS

1 Act of 1968, as amended, and the Flood Disaster Protec2 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

3 the Robert T. Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

5 Hazards Reduction Act of 1977, as amended (42 U.S.C.

6 7701 et seq.), the Federal Fire Prevention and Control

7 Act of 1974, as amended (15 U.S.C. 2201 et seq.), the

8 Defense Production Act of 1950, as amended (50 U.S.C.

9 App. 2061 et seq.), sections 107 and 303 of the National

10 Security Act of 1947, as amended (50 U.S.C. 404–405),

11 and Reorganization Plan No. 3 of 1978, $203,044,000.

12 EMERGENCY FOOD AND SHELTER PROGRAM

13 There is hereby appropriated $100,000,000 to the

14 Federal Emergency Management Agency to carry out an

15 emergency food and shelter program pursuant to title III

16 of Public Law 100–77, as amended: Provided, That total

17 administrative costs shall not exceed three and one-half

18 per centum of the total appropriation.

19 NATIONAL FLOOD INSURANCE FUND

20 For activities under the National Flood Insurance

21 Act of 1968, the Flood Disaster Protection Act of 1973,

22 and the National Flood Insurance Reform Act of 1994,

23 not to exceed $20,562,000 for salaries and expenses asso24 ciated with flood mitigation and flood insurance oper25 ations, and not to exceed $70,464,000 for flood mitigation,

26 including up to $12,000,000 for expenses under section
711

S 1594 RS

1 1366 of the National Flood Insurance Act of 1968, as

2 amended, which amount shall be available until September

3 30, 1997. In fiscal year 1996, no funds in excess of (1)

4 $47,000,000 for operating expenses, (2) $292,526,000 for

5 agents’ commissions and taxes, and (3) $3,500,000 for in6 terest on Treasury borrowings shall be available from the

7 National Flood Insurance Fund without prior notice to the

8 Committees on Appropriations.

9 ADMINISTRATIVE PROVISION

10 The Director of the Federal Emergency Management

11 Agency shall promulgate through rulemaking a methodol12 ogy for assessment and collection of fees to be assessed

13 and collected beginning in fiscal year 1996 applicable to

14 persons subject to the Federal Emergency Management

15 Agency’s radiological emergency preparedness regulations.

16 The aggregate charges assessed pursuant to this section

17 during fiscal year 1996 shall approximate, but not be less

18 than, 100 per centum of the amounts anticipated by the

19 Federal Emergency Management Agency to be obligated

20 for its radiological emergency preparedness program for

21 such fiscal year. The methodology for assessment and col22 lection of fees shall be fair and equitable, and shall reflect

23 the full amount of costs of providing radiological emer24 gency planning, preparedness, response and associated

25 services. Such fees will be assessed in a manner that re26 flects the use of agency resources for classes of regulated
712

S 1594 RS

1 persons and the administrative costs of collecting such

2 fees. Fees received pursuant to this section shall be depos3 ited in the general fund of the Treasury as offsetting re4 ceipts. Assessment and collection of such fees are only au5 thorized during fiscal year 1996.

6 GENERAL SERVICES ADMINISTRATION

7 CONSUMER INFORMATION CENTER

8 For necessary expenses of the Consumer Information

9 Center, including services authorized by 5 U.S.C. 3109,

10 $2,061,000, to be deposited into the Consumer Informa11 tion Center Fund: Provided, That the appropriations, rev12 enues and collections deposited into the fund shall be

13 available for necessary expenses of Consumer Information

14 Center activities in the aggregate amount of $7,500,000.

15 Administrative expenses of the Consumer Information

16 Center in fiscal year 1996 shall not exceed $2,602,000.

17 Appropriations, revenues, and collections accruing to this

18 fund during fiscal year 1996 in excess of $7,500,000 shall

19 remain in the fund and shall not be available for expendi20 ture except as authorized in appropriations Acts.

21 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22 HUMAN SPACE FLIGHT

23 For necessary expenses, not otherwise provided for,

24 in the conduct and support of human space flight research

25 and development activities, including research; develop-
713

S 1594 RS

1 ment; operations; services; maintenance; construction of

2 facilities including repair, rehabilitation, and modification

3 of real and personal property, and acquisition or con4 demnation of real property, as authorized by law; space

5 flight, spacecraft control and communications activities in6 cluding operations, production, and services; and pur7 chase, lease, charter, maintenance, and operation of mis8 sion and administrative aircraft; $5,456,600,000, to re9 main available until September 30, 1997.

10 SCIENCE, AERONAUTICS AND TECHNOLOGY

11 For necessary expenses, not otherwise provided for,

12 for the conduct and support of science, aeronautics, and

13 technology research and development activities, including

14 research; development; operations; services; maintenance;

15 construction of facilities including repair, rehabilitation

16 and modification of real and personal property, and acqui17 sition or condemnation of real property, as authorized by

18 law; space flight, spacecraft control and communications

19 activities including operations, production, and services;

20 and purchase, lease, charter, maintenance, and operation

21 of mission and administrative aircraft; $5,845,900,000, to

22 remain available until September 30, 1997.

23 MISSION SUPPORT

24 For necessary expenses, not otherwise provided for,

25 in carrying out mission support for human space flight

26 programs and science, aeronautical, and technology pro-
714

S 1594 RS

1 grams, including research operations and support; space

2 communications activities including operations, produc3 tion, and services; maintenance; construction of facilities

4 including repair, rehabilitation, and modification of facili5 ties, minor construction of new facilities and additions to

6 existing facilities, facility planning and design, environ7 mental compliance and restoration, and acquisition or con8 demnation of real property, as authorized by law; program

9 management; personnel and related costs, including uni10 forms or allowances therefor, as authorized by law (5

11 U.S.C. 5901–5902); travel expenses; purchase, lease,

12 charter, maintenance, and operation of mission and ad13 ministrative aircraft; not to exceed $35,000 for official re14 ception and representation expenses; and purchase (not to

15 exceed thirty-three for replacement only) and hire of pas16 senger motor vehicles; $2,502,200,000, to remain avail17 able until September 30, 1997.

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $16,000,000.

22 ADMINISTRATIVE PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 Notwithstanding the limitation on the availability of

25 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

26 aeronautics and technology’’, or ‘‘Mission support’’ by this
715

S 1594 RS

1 appropriations Act, when any activity has been initiated

2 by the incurrence of obligations for construction of facili3 ties as authorized by law, the amount available for such

4 activity shall remain available until expended. This provi5 sion does not apply to the amounts appropriated in ‘‘Mis6 sion support’’ pursuant to the authorization for repair, re7 habilitation and modification of facilities, minor construc8 tion of new facilities and additions to existing facilities,

9 and facility planning and design.

10 Notwithstanding the limitation on the availability of

11 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

12 aeronautics and technology’’, or ‘‘Mission support’’ by this

13 appropriations Act, the amounts appropriated for con14 struction of facilities shall remain available until Septem15 ber 30, 1998.

16 Notwithstanding the limitation on the availability of

17 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

18 Inspector General’’, amounts made available by this Act

19 for personnel and related costs and travel expenses of the

20 National Aeronautics and Space Administration shall re21 main available until September 30, 1996 and may be used

22 to enter into contracts for training, investigations, cost as23 sociated with personnel relocation, and for other services,

24 to be provided during the next fiscal year.
716

S 1594 RS

1 The unexpired balances of prior appropriations to

2 NASA for activities for which funds are provided under

3 this Act may be transferred to the new account established

4 for the appropriation that provides funds for such activity

5 under this Act. Balances so transferred may be merged

6 with funds in the newly established account and thereafter

7 may be accounted for as one fund to be available for the

8 same purposes and under the same terms and conditions.

9 Upon the determination by the Administrator that

10 such action is necessary, the Administrator may, with the

11 approval of the Office of Management and Budget, trans12 fer not to exceed $50,000,000 of funds made available in

13 this Act to the National Aeronautics and Space Adminis14 tration between such appropriations or any subdivision

15 thereof, to be merged with and to be available for the same

16 purposes, and for the same time period, as the appropria17 tion to which transferred: Provided, That such authority

18 to transfer may not be used unless for higher priority

19 items, based on unforeseen requirements, than those for

20 which originally appropriated: Provided further, That the

21 Administrator of the National Aeronautics and Space Ad22 ministration shall notify the Congress promptly of all

23 transfers made pursuant to this authority.
717

S 1594 RS

1 NATIONAL CREDIT UNION ADMINISTRATION

2 CENTRAL LIQUIDITY FACILITY

3 During fiscal year 1996, gross obligations of the

4 Central Liquidity Facility for the principal amount of new

5 direct loans to member credit unions as authorized by the

6 National Credit Union Central Liquidity Facility Act (12

7 U.S.C. 1795) shall not exceed $600,000,000: Provided,

8 That administrative expenses of the Central Liquidity Fa9 cility in fiscal year 1996 shall not exceed $560,000.

10 NATIONAL SCIENCE FOUNDATION

11 RESEARCH AND RELATED ACTIVITIES

12 For necessary expenses in carrying out the purposes

13 of the National Science Foundation Act of 1950, as

14 amended (42 U.S.C. 1861–1875), and the Act to establish

15 a National Medal of Science (42 U.S.C. 1880–1881); serv16 ices as authorized by 5 U.S.C. 3109; maintenance and op17 eration of aircraft and purchase of flight services for re18 search support; acquisition of aircraft; $2,274,000,000, of

19 which not to exceed $235,000,000 shall remain available

20 until expended for Polar research and operations support,

21 and for reimbursement to other Federal agencies for oper22 ational and science support and logistical and other relat23 ed activities for the United States Antarctic program; the

24 balance to remain available until September 30, 1997:

25 Provided, That receipts for scientific support services and
718

S 1594 RS

1 materials furnished by the National Research Centers and

2 other National Science Foundation supported research fa3 cilities may be credited to this appropriation: Provided fur4 ther, That to the extent that the amount appropriated is

5 less than the total amount authorized to be appropriated

6 for included program activities, all amounts, including

7 floors and ceilings, specified in the authorizing Act for

8 those program activities or their subactivities shall be re9 duced proportionally.

10 MAJOR RESEARCH EQUIPMENT

11 For necessary expenses in carrying out major con12 struction projects, and related expenses, pursuant to the

13 purposes of the National Science Foundation Act of 1950,

14 as amended (42 U.S.C. 1861–1875), $70,000,000, to re15 main available until expended.

16 ACADEMIC RESEARCH INFRASTRUCTURE

17 For necessary expenses in carrying out an academic

18 research infrastructure program pursuant to the purposes

19 of the National Science Foundation Act of 1950, as

20 amended (42 U.S.C. 1861–1875), including services as

21 authorized by 5 U.S.C. 3109 and rental of conference

22 rooms in the District of Columbia, $100,000,000, to re23 main available until September 30, 1997.

24 EDUCATION AND HUMAN RESOURCES

25 For necessary expenses in carrying out science and

26 engineering education and human resources programs and
719

S 1594 RS

1 activities pursuant to the purposes of the National Science

2 Foundation Act of 1950, as amended (42 U.S.C. 1861–

3 1875), including services as authorized by 5 U.S.C. 3109

4 and rental of conference rooms in the District of Colum5 bia, $599,000,000, to remain available until September

6 30, 1997: Provided, That to the extent that the amount

7 of this appropriation is less than the total amount author8 ized to be appropriated for included program activities, all

9 amounts, including floors and ceilings, specified in the au10 thorizing Act for those program activities or their

11 subactivities shall be reduced proportionally.

12 SALARIES AND EXPENSES

13 For necessary salaries and expenses in carrying out

14 the purposes of the National Science Foundation Act of

15 1950, as amended (42 U.S.C. 1861–1875); services au16 thorized by 5 U.S.C. 3109; hire of passenger motor vehi17 cles; not to exceed $9,000 for official reception and rep18 resentation expenses; uniforms or allowances therefor, as

19 authorized by law (5 U.S.C. 5901–5902); rental of con20 ference rooms in the District of Columbia; reimbursement

21 of the General Services Administration for security guard

22 services; $127,310,000: Provided, That contracts may be

23 entered into under salaries and expenses in fiscal year

24 1996 for maintenance and operation of facilities, and for

25 other services, to be provided during the next fiscal year.
720

S 1594 RS

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $4,490,000, to remain

5 available until September 30, 1997.

6 NATIONAL SCIENCE FOUNDATION HEADQUARTERS

7 RELOCATION

8 For necessary support of the relocation of the Na9 tional Science Foundation, $5,200,000: Provided, That

10 these funds shall be used to reimburse the General Serv11 ices Administration for services and related acquisitions

12 in support of relocating the National Science Foundation.

13 NEIGHBORHOOD REINVESTMENT CORPORATION

14 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

15 CORPORATION

16 For payment to the Neighborhood Reinvestment Cor17 poration for use in neighborhood reinvestment activities,

18 as authorized by the Neighborhood Reinvestment Corpora19 tion Act (42 U.S.C. 8101–8107), $38,667,000.

20 SELECTIVE SERVICE SYSTEM

21 SALARIES AND EXPENSES

22 For necessary expenses of the Selective Service Sys23 tem, including expenses of attendance at meetings and of

24 training for uniformed personnel assigned to the Selective

25 Service System, as authorized by law (5 U.S.C. 4101–

26 4118) for civilian employees; and not to exceed $1,000 for
721

S 1594 RS

1 official reception and representation expenses;

2 $22,930,000: Provided, That during the current fiscal

3 year, the President may exempt this appropriation from

4 the provisions of 31 U.S.C. 1341, whenever he deems such

5 action to be necessary in the interest of national defense:

6 Provided further, That none of the funds appropriated by

7 the Act may be expended for or in connection with the

8 induction of any person into the Armed Forces of the

9 United States.

10 TITLE IV

11 CORPORATIONS

12 Corporations and agencies of the Department of

13 Housing and Urban Development which are subject to the

14 Government Corporation Control Act, as amended, are

15 hereby authorized to make such expenditures, within the

16 limits of funds and borrowing authority available to each

17 such corporation or agency and in accord with law, and

18 to make such contracts and commitments without regard

19 to fiscal year limitations as provided by section 104 of the

20 Act as may be necessary in carrying out the programs set

21 forth in the budget for 1996 for such corporation or agen22 cy except as hereinafter provided: Provided, That collec23 tions of these corporations and agencies may be used for

24 new loan or mortgage purchase commitments only to the

25 extent expressly provided for in this Act (unless such loans
722

S 1594 RS

1 are in support of other forms of assistance provided for

2 in this or prior appropriations Acts), except that this pro3 viso shall not apply to the mortgage insurance or guaranty

4 operations of these corporations, or where loans or mort5 gage purchases are necessary to protect the financial in6 terest of the United States Government.

7 RESOLUTION TRUST CORPORATION

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended, $11,400,000.

12 TITLE V

13 GENERAL PROVISIONS

14 SEC. 501. Where appropriations in titles I, II, and

15 III of this Act are expendable for travel expenses and no

16 specific limitation has been placed thereon, the expendi17 tures for such travel expenses may not exceed the amounts

18 set forth therefor in the budget estimates submitted for

19 the appropriations: Provided, That this section shall not

20 apply to travel performed by uncompensated officials of

21 local boards and appeal boards of the Selective Service

22 System; to travel performed directly in connection with

23 care and treatment of medical beneficiaries of the Depart24 ment of Veterans Affairs; to travel performed in connec25 tion with major disasters or emergencies declared or deter-
723

S 1594 RS

1 mined by the President under the provisions of the Robert

2 T. Stafford Disaster Relief and Emergency Assistance

3 Act; to travel performed by the Offices of Inspector Gen4 eral in connection with audits and investigations; or to

5 payments to interagency motor pools where separately set

6 forth in the budget schedules: Provided further, That if

7 appropriations in titles I, II, and III exceed the amounts

8 set forth in budget estimates initially submitted for such

9 appropriations, the expenditures for travel may cor10 respondingly exceed the amounts therefor set forth in the

11 estimates in the same proportion.

12 SEC. 502. Appropriations and funds available for the

13 administrative expenses of the Department of Housing

14 and Urban Development and the Selective Service System

15 shall be available in the current fiscal year for purchase

16 of uniforms, or allowances therefor, as authorized by law

17 (5 U.S.C. 5901–5902); hire of passenger motor vehicles;

18 and services as authorized by 5 U.S.C. 3109.

19 SEC. 503. Funds of the Department of Housing and

20 Urban Development subject to the Government Corpora21 tion Control Act or section 402 of the Housing Act of

22 1950 shall be available, without regard to the limitations

23 on administrative expenses, for legal services on a contract

24 or fee basis, and for utilizing and making payment for

25 services and facilities of Federal National Mortgage Asso-
724

S 1594 RS

1 ciation, Government National Mortgage Association, Fed2 eral Home Loan Mortgage Corporation, Federal Financ3 ing Bank, Resolution Trust Corporation, Federal Reserve

4 banks or any member thereof, Federal Home Loan banks,

5 and any insured bank within the meaning of the Federal

6 Deposit Insurance Corporation Act, as amended (12

7 U.S.C. 1811–1831).

8 SEC. 504. No part of any appropriation contained in

9 this Act shall remain available for obligation beyond the

10 current fiscal year unless expressly so provided herein.

11 SEC. 505. No funds appropriated by this Act may be

12 expended—

13 (1) pursuant to a certification of an officer or

14 employee of the United States unless—

15 (A) such certification is accompanied by,

16 or is part of, a voucher or abstract which de17 scribes the payee or payees and the items or

18 services for which such expenditure is being

19 made, or

20 (B) the expenditure of funds pursuant to

21 such certification, and without such a voucher

22 or abstract, is specifically authorized by law;

23 and
725

S 1594 RS

1 (2) unless such expenditure is subject to audit

2 by the General Accounting Office or is specifically

3 exempt by law from such audit.

4 SEC. 506. None of the funds provided in this Act to

5 any department or agency may be expended for the trans6 portation of any officer or employee of such department

7 or agency between his domicile and his place of employ8 ment, with the exception of any officer or employee au9 thorized such transportation under title 31, United States

10 Code, section 1344.

11 SEC. 507. None of the funds provided in this Act may

12 be used for payment, through grants or contracts, to re13 cipients that do not share in the cost of conducting re14 search resulting from proposals not specifically solicited

15 by the Government: Provided, That the extent of cost

16 sharing by the recipient shall reflect the mutuality of in17 terest of the grantee or contractor and the Government

18 in the research.

19 SEC. 508. None of the funds provided in this Act may

20 be used, directly or through grants, to pay or to provide

21 reimbursement for payment of the salary of a consultant

22 (whether retained by the Federal Government or a grant23 ee) at more than the daily equivalent of the rate paid for

24 Level IV of the Executive Schedule, unless specifically au25 thorized by law.
726

S 1594 RS

1 SEC. 509. None of the funds in this Act shall be used

2 to pay the expenses of, or otherwise compensate, non-Fed3 eral parties intervening in regulatory or adjudicatory pro4 ceedings. Nothing herein affects the authority of the

5 Consumer Product Safety Commission pursuant to section

6 7 of the Consumer Product Safety Act (15 U.S.C. 2056

7 et seq.).

8 SEC. 510. Except as otherwise provided under exist9 ing law or under an existing Executive order issued pursu10 ant to an existing law, the obligation or expenditure of

11 any appropriation under this Act for contracts for any

12 consulting service shall be limited to contracts which are

13 (1) a matter of public record and available for public in14 spection, and (2) thereafter included in a publicly available

15 list of all contracts entered into within twenty-four months

16 prior to the date on which the list is made available to

17 the public and of all contracts on which performance has

18 not been completed by such date. The list required by the

19 preceding sentence shall be updated quarterly and shall

20 include a narrative description of the work to be per21 formed under each such contract.

22 SEC. 511. Except as otherwise provided by law, no

23 part of any appropriation contained in this Act shall be

24 obligated or expended by any executive agency, as referred

25 to in the Office of Federal Procurement Policy Act (41
727

S 1594 RS

1 U.S.C. 401 et seq.) for a contract for services unless such

2 executive agency (1) has awarded and entered into such

3 contract in full compliance with such Act and the regula4 tions promulgated thereunder, and (2) requires any report

5 prepared pursuant to such contract, including plans, eval6 uations, studies, analyses and manuals, and any report

7 prepared by the agency which is substantially derived from

8 or substantially includes any report prepared pursuant to

9 such contract, to contain information concerning (A) the

10 contract pursuant to which the report was prepared, and

11 (B) the contractor who prepared the report pursuant to

12 such contract.

13 SEC. 512. Except as otherwise provided in section

14 506, none of the funds provided in this Act to any depart15 ment or agency shall be obligated or expended to provide

16 a personal cook, chauffeur, or other personal servants to

17 any officer or employee of such department or agency.

18 SEC. 513. None of the funds provided in this Act to

19 any department or agency shall be obligated or expended

20 to procure passenger automobiles as defined in 15 U.S.C.

21 2001 with an EPA estimated miles per gallon average of

22 less than 22 miles per gallon.

23 SEC. 514. Such sums as may be necessary for fiscal

24 year 1996 pay raises for programs funded by this Act shall

25 be absorbed within the levels appropriated in this Act.
728

S 1594 RS

1 SEC. 515. None of the funds appropriated in title I

2 of this Act shall be used to enter into any new lease of

3 real property if the estimated annual rental is more than

4 $300,000 unless the Secretary submits, in writing, a re5 port to the Committees on Appropriations of the Congress

6 and a period of 30 days has expired following the date

7 on which the report is received by the Committees on Ap8 propriations.

9 SEC. 516. (a) PURCHASE OF AMERICAN-MADE

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available

13 in this Act should be American-made.

14 (b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any en16 tity using funds made available in this Act, the head of

17 each Federal agency, to the greatest extent practicable,

18 shall provide to such entity a notice describing the state19 ment made in subsection (a) by the Congress.

20 SEC. 517. None of the funds appropriated in this Act

21 may be used to implement any cap on reimbursements to

22 grantees for indirect costs, except as published in Office

23 of Management and Budget Circular A–21.

24 SEC. 518. None of the funds made available in this

25 Act may be used for any program, project, or activity,
729

S 1594 RS

1 when it is made known to the Federal entity or official

2 to which the funds are made available that the program,

3 project, or activity is not in compliance with any Federal

4 law relating to risk assessment, the protection of private

5 property rights, or unfunded mandates.

6 SEC. 519. In fiscal year 1996, the Director of the

7 Federal Emergency Management Agency shall sell the dis8 aster housing inventory of mobile homes and trailers, and

9 the proceeds thereof shall be deposited in the Treasury.

10 SEC. 520. Such funds as may be necessary to carry

11 out the orderly termination of the Office of Consumer Af12 fairs shall be made available from funds appropriated to

13 the Department of Health and Human Services for fiscal

14 year 1996.

15 This Act may be cited as the ‘‘Departments of Veter16 ans Affairs and Housing and Urban Development, and

17 Independent Agencies Appropriations Act, 1996’’.
730

S 1594 RS

1 TITLE II—EMERGENCY SUPPLEMENTAL

2 APPROPRIATIONS FOR THE FISCAL

3 YEAR ENDING SEPTEMBER 30, 1996

4 CHAPTER 1

5 DEPARTMENT OF AGRICULTURE

6 NATURAL RESOURCES CONSERVATION SERVICE

7 WATERSHED AND FLOOD PREVENTION OPERATIONS

8 For an additional amount for ‘‘Watershed and Flood

9 Prevention Operations’’ to repair damages to waterways

10 and watersheds resulting from flooding in the Pacific

11 Northwest, the Northeast blizzards and floods, and other

12 natural disasters, $107,514,000, to remain available until

13 expended: Provided, That if the Secretary determines that

14 the cost of land and farm structures restoration exceeds

15 the fair market value of an affected cropland, the Sec16 retary may use sufficient amounts from funds provided

17 under this heading to accept bids from willing sellers to

18 provide conservation easements for such cropland inun19 dated by floods as provided for by the Wetlands Reserve

20 Program, authorized by subchapter C of chapter 1 of sub21 title D of title XII of the Food Security Act of 1985 (16

22 U.S.C. 3837): Provided further, That the entire amount

23 shall be available only to the extent that an official budget

24 request for a specific dollar amount, that includes designa25 tion of the entire amount of the request as an emergency
731

S 1594 RS

1 requirement as defined in the Balanced Budget and Emer2 gency Deficit Control Act of 1985, as amended, is trans3 mitted by the President to Congress: Provided further,

4 That the entire amount is designated by Congress as an

5 emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended.

8 CONSOLIDATED FARM SERVICE AGENCY

9 EMERGENCY CONSERVATION PROGRAM

10 For necessary expenses to carry into effect the pro11 gram authorized in sections 401, 402, and 404 of title IV

12 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201–

13 2205) for expenses resulting from floods in the Pacific

14 Northwest and other natural disasters, $30,000,000, to

15 remain available until expended, as authorized by 16

16 U.S.C. 2204: Provided, That the entire amount shall be

17 available only to the extent that an official budget request

18 for a specific dollar amount, that includes designation of

19 the entire amount of the request as an emergency require20 ment as defined in the Balanced Budget and Emergency

21 Deficit Control Act of 1985, as amended, is transmitted

22 by the President to Congress: Provided further, That the

23 entire amount is designated by Congress as an emergency

24 requirement pursuant to section 251(b)(2)(D)(i) of the
732

S 1594 RS

1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 RURAL HOUSING AND COMMUNITY DEVELOPMENT

4 SERVICE

5 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

6 For an additional amount for the ‘‘Rural Housing In7 surance Fund Program Account’’ for the cost of direct

8 loans to assist in the recovery from floods in the Pacific

9 Northwest and other natural disasters, to remain available

10 until expended, $5,000,000 for the cost of section 502 di11 rect loans; and $1,500,000 for the cost of section 504

12 housing repair loans: Provided, That the entire amount

13 shall be available only to the extent that an official budget

14 request for a specific dollar amount, that includes designa15 tion of the entire amount of the request as an emergency

16 requirement as defined in the Balanced Budget and Emer17 gency Deficit Control Act of 1985, as amended, is trans18 mitted by the President to Congress: Provided further,

19 That the entire amount is designated by Congress as an

20 emergency requirement pursuant to section

21 251(b)(2)(D)(i) of the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended.

23 VERY LOW-INCOME HOUSING REPAIR GRANTS

24 For an additional amount for ‘‘Very Low-Income

25 Housing Repair Grants’’ to make housing repairs needed

26 as a result of floods and other natural disasters, pursuant
733

S 1594 RS

1 to Section 504 of the Housing Act of 1949, as amended,

2 $1,100,000, to remain available until expended: Provided,

3 That the entire amount shall be available only to the ex4 tent that an official budget request for a specific dollar

5 amount, that includes designation of the entire amount of

6 the request as an emergency requirement as defined in

7 the Balanced Budget and Emergency Deficit Control Act

8 of 1985, as amended, is transmitted by the President to

9 Congress: Provided further, That the entire amount is des10 ignated by Congress as an emergency requirement pursu11 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

12 Emergency Deficit Control Act of 1985, as amended.

13 RURAL UTILITIES SERVICE

14 RURAL UTILITIES ASSISTANCE PROGRAM

15 For an additional amount for the ‘‘Rural Utilities As16 sistance Program’’ for the cost of direct loans and grants

17 to assist in the recovery from floods in the Pacific North18 west and other natural disasters, $11,000,000, to remain

19 available until expended: Provided, That such funds may

20 be available for emergency community water assistance

21 grants as authorized by 7 U.S.C. 1926b: Provided further,

22 That the entire amount shall be available only to the ex23 tent that an official budget request for a specific dollar

24 amount, that includes designation of the entire amount of

25 the request as an emergency requirement as defined in
734

S 1594 RS

1 the Balanced Budget and Emergency Deficit Control Act

2 of 1985, as amended, is transmitted by the President to

3 Congress: Provided further, That the entire amount is des4 ignated by Congress as an emergency requirement pursu5 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended.

7 ADMINISTRATIVE PROVISION

8 With the prior approval of the House and Senate

9 Committees on Appropriations, funds appropriated to the

10 Department of Agriculture under this chapter may be

11 transferred by the Secretary of Agriculture between ac12 counts of the Department of Agriculture included in this

13 Act to satisfy emergency disaster funding requirements.

14 CHAPTER 2

15 DEPARTMENTS OF COMMERCE, JUSTICE, AND

16 STATE, THE JUDICIARY, AND RELATED

17 AGENCIES

18 DEPARTMENT OF COMMERCE

19 ECONOMIC DEVELOPMENT ADMINISTRATION

20 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

21 For an additional amount for emergency expenses re22 sulting from flooding in the Pacific Northwest,

23 $15,000,000, to remain available until expended for

24 grants and related expenses pursuant to the Public Works

25 and Economic Development Act of 1965, as amended; and
735

S 1594 RS

1 in addition, $1,500,000 for administrative expenses to re2 main available until expended, which may be transferred

3 to and merged with the appropriations for ‘‘Salaries and

4 expenses’’: Provided, That the entire amount is hereby

5 designated by Congress as an emergency requirement pur6 suant to section 251(b)(2)(D)(i) of the Balanced Budget

7 and Emergency Deficit Control Act of 1985, as amended:

8 Provided further, That the entire amount shall be available

9 only to the extent an official budget request, for a specific

10 dollar amount, that includes designation of the entire

11 amount of the request as an emergency requirement as

12 defined in the Balanced Budget and Emergency Deficit

13 Control Act of 1985, as amended, is transmitted to Con14 gress.

15 NATIONAL OCEANIC AND ATMOSPHERIC

16 ADMINISTRATION

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’ for

19 emergency expenses resulting from flooding in the Pacific

20 Northwest and other natural disasters, $10,000,000, to

21 remain available until expended: Provided, That the entire

22 amount is hereby designated by Congress as an emergency

23 requirement pursuant to section 251(b)(2)(D)(i) of the

24 Balanced Budget and Emergency Deficit Control Act of

25 1985, as amended.
736

S 1594 RS

1 RELATED AGENCY

2 SMALL BUSINESS ADMINISTRATION

3 DISASTER LOANS PROGRAM ACCOUNT

4 For an additional amount for ‘‘Disaster Loans Pro5 gram Account’’, $69,700,000 for the cost of direct loans,

6 to remain available until expended: Provided, That such

7 costs, including the cost of modifying such loans, shall be

8 as defined in section 502 of the Congressional Budget Act

9 of 1974; and for administrative expenses to carry out the

10 direct loan program, $30,300,000, to remain available

11 until expended: Provided, That both amounts are hereby

12 designated by Congress as emergency requirements pursu13 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985, as amended.

15 CHAPTER 3

16 ENERGY AND WATER DEVELOPMENT

17 DEPARTMENT OF DEFENSE—CIVIL

18 DEPARTMENT OF THE ARMY

19 CORPS OF ENGINEERS—CIVIL

20 OPERATION AND MAINTENANCE, GENERAL

21 For an additional amount for ‘‘Operation and Main22 tenance, General’’, $30,000,000, to remain available until

23 expended: Provided, That the entire amount shall be avail24 able only to the extent that an official budget request for

25 a specific dollar amount, that includes designation of the
737

S 1594 RS

1 entire amount of the request as an emergency requirement

2 as defined in the Balanced Budget and Emergency Deficit

3 Control Act of 1985, as amended, is transmitted by the

4 President to Congress: Provided further, That the entire

5 amount is designated by Congress as an emergency re6 quirement pursuant to section 251(b)(2)(D)(i) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985,

8 as amended.

9 FLOOD CONTROL AND COASTAL EMERGENCIES

10 For an additional amount for ‘‘Flood Control and

11 Coastal Emergencies’’, $135,000,000, to remain available

12 until expended: Provided, That the entire amount shall be

13 available only to the extent that an official budget request

14 for a specific dollar amount, that includes designation of

15 the entire amount of the request as an emergency require16 ment as defined in the Balanced Budget and Emergency

17 Deficit Control Act of 1985, as amended, is transmitted

18 by the President to Congress: Provided further, That the

19 entire amount is designated by Congress as an emergency

20 requirement pursuant to section 251(b)(2)(D)(i) of the

21 Balanced Budget and Emergency Deficit Control Act of

22 1985, as amended.
738

S 1594 RS

1 DEPARTMENT OF THE INTERIOR

2 BUREAU OF RECLAMATION

3 CONSTRUCTION PROGRAM

4 For an additional amount for the ‘‘Construction Pro5 gram’’, $18,000,000, to remain available until expended:

6 Provided, That the entire amount shall be available only

7 to the extent that an official budget request for a specific

8 dollar amount, that includes designation of the entire

9 amount of the request as an emergency requirement as

10 defined in the Balanced Budget and Emergency Deficit

11 Control Act of 1985, as amended, is transmitted by the

12 President to Congress: Provided further, That the entire

13 amount is designated by Congress as an emergency re14 quirement pursuant to section 251(b)(2)(D)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985,

16 as amended.

17 CHAPTER 4

18 DEPARTMENT OF THE INTERIOR AND

19 RELATED AGENCIES

20 DEPARTMENT OF THE INTERIOR

21 BUREAU OF LAND MANAGEMENT

22 CONSTRUCTION AND ACCESS

23 For an additional amount for ‘‘Construction and Ac24 cess’’, $5,000,000, to remain available until expended, to

25 repair roads, culverts, bridges, facilities, fish and wildlife
739

S 1594 RS

1 protective structures, and recreation sites, damaged due

2 to the Pacific Northwest flooding: Provided, That the en3 tire amount shall be available only to the extent that an

4 official budget request for a specific dollar amount, that

5 includes designation of the entire amount of the request

6 as an emergency requirement as defined in the Balanced

7 Budget and Emergency Deficit Control Act of 1985, as

8 amended, is transmitted by the President to Congress:

9 Provided further, That the entire amount is designated by

10 Congress as an emergency requirement pursuant to sec11 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985, as amended.

13 OREGON AND CALIFORNIA GRANT LANDS

14 For an additional amount for ‘‘Oregon and California

15 Grant Lands’’, $35,000,000, to remain available until ex16 pended, to repair roads, culverts, bridges, facilities, fish

17 and wildlife protective structures, and recreation sites,

18 damaged due to the Pacific Northwest flooding: Provided,

19 That the entire amount shall be available only to the ex20 tent that an official budget request for a specific dollar

21 amount, that includes designation of the entire amount of

22 the request as an emergency requirement as defined in

23 the Balanced Budget and Emergency Deficit Control Act

24 of 1985, as amended, is transmitted by the President to

25 Congress: Provided further, That the entire amount is des26 ignated by Congress as an emergency requirement pursu-
740

S 1594 RS

1 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985, as amended.

3 UNITED STATES FISH AND WILDLIFE SERVICE

4 CONSTRUCTION

5 For an additional amount for ‘‘Construction’’,

6 $32,000,000, to remain available until expended, to repair

7 damage caused by hurricanes, floods and other acts of na8 ture: Provided, That the entire amount shall be available

9 only to the extent that an official budget request for a

10 specific dollar amount, that includes designation of the en11 tire amount of the request as an emergency requirement

12 as defined in the Balanced Budget and Emergency Deficit

13 Control Act of 1985, as amended, is transmitted by the

14 President to Congress: Provided further, That the entire

15 amount is designated by Congress as an emergency re16 quirement pursuant to section 251(b)(2)(D)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985,

18 as amended.

19 NATIONAL PARK SERVICE

20 CONSTRUCTION

21 For an additional amount for ‘‘Construction’’,

22 $47,000,000, to remain available until expended, to repair

23 damage caused by hurricanes, floods and other acts of na24 ture: Provided, That the entire amount shall be available

25 only to the extent that an official budget request for a
741

S 1594 RS

1 specific dollar amount, that includes designation of the en2 tire amount of the request as an emergency requirement

3 as defined in the Balanced Budget and Emergency Deficit

4 Control Act of 1985, as amended, is transmitted by the

5 President to Congress: Provided further, That the entire

6 amount is designated by Congress as an emergency re7 quirement pursuant to section 251(b)(2)(D)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985,

9 as amended.

10 UNITED STATES GEOLOGICAL SURVEY

11 SURVEYS, INVESTIGATIONS, AND RESEARCH

12 For an additional amount for ‘‘Surveys, investiga13 tions, and research’’, $2,000,000, to remain available until

14 September 30, 1997, for the costs related to hurricanes,

15 floods and other acts of nature: Provided, That the entire

16 amount shall be available only to the extent that an official

17 budget request for a specific dollar amount, that includes

18 designation of the entire amount of the request as an

19 emergency requirement as defined in the Balanced Budget

20 and Emergency Deficit Control Act of 1985, as amended,

21 is transmitted by the President to Congress: Provided fur22 ther, That the entire amount is designated by Congress

23 as an emergency requirement pursuant to section

24 251(b)(2)(D)(i) of the Balanced Budget and Emergency

25 Deficit Control Act of 1985, as amended.
742

S 1594 RS

1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 For an additional amount for ‘‘Operation of Indian

4 Programs’’, $500,000, to remain available until Septem5 ber 30, 1998, for emergency operations and repairs relat6 ed to winter floods: Provided, That the entire amount shall

7 be available only to the extent that an official budget re8 quest for a specific dollar amount, that includes designa9 tion of the entire amount of the request as an emergency

10 requirement as defined in the Balanced Budget and Emer11 gency Deficit Control Act of 1985, as amended, is trans12 mitted by the President to Congress: Provided further,

13 That the entire amount is designated by Congress as an

14 emergency requirement pursuant to section

15 251(b)(2)(D)(i) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended.

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’,

19 $16,500,000, to remain available until expended, for emer20 gency repairs related to winter floods: Provided, That the

21 entire amount shall be available only to the extent that

22 an official budget request for a specific dollar amount,

23 that includes designation of the entire amount of the re24 quest as an emergency requirement as defined in the Bal25 anced Budget and Emergency Deficit Control Act of 1985,

26 as amended, is transmitted by the President to Congress:
743

S 1594 RS

1 Provided further, That the entire amount is designated by

2 Congress as an emergency requirement pursuant to sec3 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985, as amended.

5 TERRITORIAL AND INTERNATIONAL AFFAIRS

6 ASSISTANCE TO TERRITORIES

7 For an additional amount for ‘‘Assistance to Terri8 tories’’, $13,000,000, to remain available until expended,

9 for recovery efforts from Hurricane Marilyn: Provided,

10 That the entire amount shall be available only to the ex11 tent that an official budget request for a specific dollar

12 amount, that includes designation of the entire amount of

13 the request as an emergency requirement as defined in

14 the Balanced Budget and Emergency Deficit Control Act

15 of 1985, as amended, is transmitted by the President to

16 Congress: Provided further, That the entire amount is des17 ignated by Congress as an emergency requirement pursu18 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, as amended.

20 DEPARTMENT OF AGRICULTURE

21 NATIONAL FOREST SYSTEM

22 For an additional amount for ‘‘National Forest Sys23 tem’’, $26,600,000, to remain available until expended, to

24 repair damage caused by hurricanes, floods and other acts

25 of nature, including $300,000 for the costs associated with
744

S 1594 RS

1 emergency removal and remediation, including access re2 pairs, at the Amalgamated Mine site in the Willamette

3 National Forest containing sulphur-rich and other mining

4 tailings in order to prevent contamination of Battle Ax

5 Creek, and the Little North Fork of the Santiam River,

6 from which the City of Salem, Oregon, obtains its munici7 pal water supply: Provided, That the entire amount shall

8 be available only to the extent that an official budget re9 quest for a specific dollar amount, that includes designa10 tion of the entire amount of the request as an emergency

11 requirement as defined in the Balanced Budget and Emer12 gency Deficit Control Act of 1985, as amended, is trans13 mitted by the President to Congress: Provided further,

14 That the entire amount is designated by Congress as an

15 emergency requirement pursuant to section

16 251(b)(2)(D)(i) of the Balanced Budget and Emergency

17 Deficit Control Act of 1985, as amended.

18 CONSTRUCTION

19 For an additional amount for ‘‘Construction’’,

20 $60,800,000, to remain available until expended: Pro21 vided, That the entire amount shall be available only to

22 the extent that an official budget request for a specific

23 dollar amount, that includes designation of the entire

24 amount of the request as an emergency requirement as

25 defined in the Balanced Budget and Emergency Deficit

26 Control Act of 1985, as amended, is transmitted by the
745

S 1594 RS

1 President to Congress: Provided further, That the entire

2 amount is designated by Congress as an emergency re3 quirement pursuant to section 251(b)(2)(D)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985,

5 as amended.

6 CHAPTER 5

7 DEPARTMENT OF TRANSPORTATION

8 OFFICE OF THE SECRETARY

9 PAYMENTS TO AIR CARRIERS

10 The first proviso under the head ‘‘Payments to Air

11 Carriers’’ in Title I of the Department of Transportation

12 and Related Agencies Appropriations Act, 1996 (Public

13 Law 104–50), is amended to read as follows: ‘‘Provided,

14 That none of the funds in this Act shall be available for

15 the implementation or execution of programs in excess of

16 $22,600,000 from the Airport and Airway Trust Fund for

17 the Payments to Air Carriers program in fiscal year

18 1996:’’.

19 FEDERAL HIGHWAY ADMINISTRATION

20 FEDERAL-AID HIGHWAYS

21 (HIGHWAY TRUST FUND)

22 For the Emergency Fund authorized by 23 U.S.C.

23 125 to cover expenses arising from the January 1996

24 flooding in the Mid-Atlantic, Northeast, and Northwest

25 States and other disasters, $300,000,000, to be derived

26 from the Highway Trust Fund and to remain available
746

S 1594 RS

1 until expended: Provided, That the entire amount shall be

2 available only to the extent that an official budget request

3 for a specific dollar amount, that includes designation of

4 the entire amount of the request as an emergency require5 ment as defined in the Balanced Budget and Emergency

6 Deficit Control Act of 1985, as amended, is transmitted

7 by the President to Congress: Provided further, That such

8 amount is designated by Congress as an emergency re9 quirement pursuant to section 251(b)(2)(D)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985,

11 as amended: Provided further, That the provisions of 23

12 U.S.C. 125(b)(1) shall not apply to projects relating to

13 the January 1996 flooding in the Mid-Atlantic, Northeast,

14 and Northwest States.

15 FEDERAL RAILROAD ADMINISTRATION

16 LOCAL RAIL FREIGHT ASSISTANCE

17 For expenses pursuant to subtitle 5 of the Depart18 ment of Transportation Act (49 U.S.C.), to repair and re19 build rail lines of other than class I railroads as defined

20 by the Surface Transportation Board or railroads owned

21 or controlled by a class I railroad, having carried 5 million

22 gross ton miles or less per mile during the prior year, and

23 damaged as a result of the floods of 1996, $10,000,000:

24 Provided, That for the purposes of administering this

25 emergency relief, the Secretary of Transportation shall
747

S 1594 RS

1 have authority to make funds available notwithstanding

2 section 22101, (a)(1) and (3) and (d), sections 22102 to

3 22104, section 22105(a) and section 22108, (a) and (b)

4 of 49 U.S.C. as the Secretary deems appropriate and shall

5 consider the extent to which the State has available unex6 pended local rail freight assistance funds or available re7 paid loan funds: Provided further, That, notwithstanding

8 49 U.S.C. chapter 221, the Secretary may prescribe the

9 form and time for applications for assistance made avail10 able herein: Provided further, That the entire amount shall

11 be available only to the extent that an official budget re12 quest for a specific dollar amount, that includes designa13 tion of the entire amount of the request as an emergency

14 requirement as defined in the Balanced Budget and Emer15 gency Deficit Control Act of 1985, as amended, is trans16 mitted by the President to Congress: Provided further,

17 That the entire amount is designated by Congress as an

18 emergency requirement pursuant to section

19 251(b)(2)(D)(i) of the Balanced Budget and Emergency

20 Deficit Control Act of 1985, as amended: Provided further,

21 That all funds made available under this head are to re22 main available until September 30, 1997.
748

S 1594 RS

1 FEDERAL TRANSIT ADMINISTRATION

2 MASS TRANSIT CAPITAL FUND

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For an additional amount for payment of obligations

6 incurred in carrying out 49 U.S.C. 5338(b) administered

7 by the Federal Transit Administration, $375,000,000, to

8 be derived from the Highway Trust Fund and to remain

9 available until expended.

10 CHAPTER 6

11 DEPARTMENTS OF VETERANS AFFAIRS AND

12 HOUSING AND URBAN DEVELOPMENT AND

13 INDEPENDENT AGENCIES

14 DEPARTMENT OF HOUSING AND URBAN

15 DEVELOPMENT

16 COMMUNITY PLANNING AND DEVELOPMENT

17 COMMUNITY DEVELOPMENT GRANTS

18 For an additional amount for ‘‘Community develop19 ment grants’’, $100,000,000, to remain available until

20 September 30, 1998, for emergency expenses and repairs

21 related to recent Presidentially declared disaster areas, in22 cluding up to $10,000,000 which may be made for rental

23 subsidy contracts under the section 8 existing housing cer24 tificate program and the housing voucher program under

25 section 8 of the United States Housing Act of 1937, as

26 amended, except that such amount shall be available only
749

S 1594 RS

1 for temporary housing assistance, not in excess of one year

2 in duration, and shall not be subject to renewal: Provided,

3 That the entire amount shall be available only to the ex4 tent that an official budget request for a specific dollar

5 amount, that includes designation of the entire amount of

6 the request as an emergency requirement as defined in

7 the Balanced Budget and Emergency Deficit Control Act

8 of 1985, as amended, is transmitted by the President to

9 Congress: Provided further, That the entire amount is des10 ignated by Congress as an emergency requirement pursu11 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

12 Emergency Deficit Control Act of 1985, as amended.

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Disaster Relief’’,

17 $150,000,000, to remain available until expended, which,

18 in whole or in part, may be transferred to the Disaster

19 Assistance Direct Loan Program Account for the cost of

20 direct loans as authorized under section 417 of the Robert

21 T. Stafford Disaster Relief and Emergency Assistance Act

22 (42 U.S.C. 5121 et seq.): Provided, That such transfer

23 may be made to subsidize gross obligations for the prin24 cipal amount of direct loans not to exceed $170,000,000

25 under section 417 of the Stafford Act: Provided further,

26 That any such transfer of funds shall be made only upon
750

S 1594 RS

1 certification by the Director of the Federal Emergency

2 Management Agency that all requirements of section 417

3 of the Stafford Act will be complied with: Provided further,

4 That the entire amount of this appropriation shall be

5 available only to the extent that an official budget request

6 for a specific dollar amount, that includes designation of

7 the entire amount of the request as an emergency require8 ment as defined in the Balanced Budget and Emergency

9 Deficit Control Act of 1985, as amended, is transmitted

10 by the President to Congress: Provided further, That the

11 entire amount is designated by Congress as an emergency

12 requirement pursuant to section 251(b)(2)(D)(i) of the

13 Balanced Budget and Emergency Deficit Control Act of

14 1985, as amended.

15 CHAPTER 7

16 FOREIGN OPERATIONS, EXPORT FINANCING,

17 AND RELATED AGENCIES

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 AGENCY FOR INTERNATIONAL DEVELOPMENT

20 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

21 STATES

22 For an additional amount for ‘‘Assistance for East23 ern Europe and the Baltic States’’ for Bosnia and

24 Herzegovina, including demining assistance,

25 $200,000,000, of which amount $5,000,000 shall be used
751

S 1594 RS

1 for the administrative expenses of the U.S. Agency for

2 International Development: Provided, That not to exceed

3 $5,000,000 of such funds and any other funds appro4 priated under the same heading for fiscal year 1996 is

5 available for the cost of modifying direct loans and loan

6 guarantees, as defined in section 502 of the Congressional

7 Budget Act of 1974: Provided further, That none of the

8 funds appropriated or otherwise made available under this

9 heading shall be obligated except through the regular noti10 fication procedures of the Committees on Appropriations:

11 Provided further, That the entire amount appropriated is

12 designated by Congress as an emergency requirement pur13 suant to section 251(b)(2)(D)(i) of the Balanced Budget

14 and Emergency Deficit Control Act of 1985, as amended.

15 MILITARY ASSISTANCE

16 FOREIGN MILITARY FINANCING PROGRAM

17 For an additional amount for ‘‘Foreign Military Fi18 nancing Program’’ for grants for Jordan pursuant to sec19 tion 23 of the Arms Export Control Act, $70,000,000:

20 Provided, That such funds may be used for Jordan to fi21 nance transfers by lease of defense articles under chapter

22 6 of such Act.
752

S 1594 RS

1 CHAPTER 8

2 DEPARTMENT OF DEFENSE

3 MILITARY PERSONNEL

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel,

6 Army’’, $244,400,000.

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel,

9 Navy’’, $11,700,000.

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel,

12 Marine Corps’’, $2,600,000.

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel,

15 Air Force’’, $27,300,000.

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 For an additional amount for ‘‘Operation and Main19 tenance, Army’’, $195,000,000.

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $900,000.

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $190,000,000.
753

S 1594 RS

1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Main3 tenance, Defense-Wide’’, $79,800,000.

4 PROCUREMENT

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement,

7 Air Force’’, $26,000,000.

8 GENERAL PROVISION

9 (TRANSFER OF FUNDS)

10 SEC. 801. Section 8005 of the Department of De11 fense Appropriations Act, 1996 (Public Law 104–61), is

12 amended by striking out ‘‘$2,400,000,000’’ and inserting

13 in lieu thereof ‘‘$2,700,000,000’’.

14 SEC. 802. Notwithstanding any other provision of

15 law, funds appropriated in the Department of Defense Ap16 propriations Act, 1996 (Public Law 104–61) under the

17 heading ‘‘Aircraft Procurement, Air Force’’ may be obli18 gated for advance procurement and procurement of F–

19 15E aircraft.

20 SEC. 803. Funds appropriated under the heading,

21 ‘‘Aircraft Procurement, Air Force,’’ in Public Laws 104–

22 61, 103–335, and 103–139 that are or remain available

23 for C–17 airframes, C–17 aircraft engines, and com24 plementary widebody aircraft/NDAA may be used for

25 multiyear procurement contracts for C–17 aircraft: Pro-
754

S 1594 RS

1 vided, That the duration of multiyear contracts awarded

2 under the authority of this section may be for a period

3 not to exceed seven program years, notwithstanding sec4 tion 2306b(1) of title 10, United States Code.

5 CHAPTER 9

6 DEPARTMENT OF DEFENSE

7 MILITARY CONSTRUCTION

8 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

9 INVESTMENT PROGRAM

10 For an additional amount for ‘‘North Atlantic Treaty

11 Organization Security Investment Program’’,

12 $37,500,000, to remain available until expended: Pro13 vided, That the Secretary of Defense may make additional

14 contributions for the North Atlantic Treaty Organization

15 as provided in section 2806 of title 10, United States

16 Code: Provided further, That the entire amount is des17 ignated by Congress as an emergency requirement pursu18 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, as amended.
755

S 1594 RS

1 CHAPTER 10

2 RESCINDING CERTAIN BUDGET AUTHORITY

3 DEPARTMENT OF DEFENSE—MILITARY

4 PROCUREMENT

5 MISSILE PROCUREMENT, AIR FORCE

6 (RESCISSION)

7 Of the funds made available under this heading in

8 Public Law 103–335, $310,000,000 are rescinded.

9 OTHER PROCUREMENT, AIR FORCE

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–335, $265,000,000 are rescinded.

13 RESEARCH, DEVELOPMENT, TEST AND

14 EVALUATION

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 AIR FORCE

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–335, $245,000,000 are rescinded.

20 CHAPTER 11

21 GENERAL PROVISIONS

22 SEC. 1101. In administering funds provided herein

23 for domestic assistance, the Secretary of any involved de24 partment may waive or specify alternative requirements

25 for any provision of any statute or regulation that the Sec-
756

S 1594 RS

1 retary administers in connection with the obligation by the

2 Secretary or any use of the recipient of these funds, except

3 for the requirement related to civil rights, fair housing and

4 nondiscrimination, the environment, and labor standards,

5 upon finding that such waiver is required to facilitate the

6 obligation and use of such funds would not be inconsistent

7 with the overall purpose of the statute or regulation.

8 SEC. 1102. No part of any appropriation contained

9 in this title shall remain available for obligation beyond

10 the current fiscal year unless expressly so provided herein.

11 This title may be cited as the ‘‘Emergency Supple12 mental Appropriations Act of 1996’’.

13 TITLE III—MISCELLANEOUS PROVISIONS

14 SEC. 3001. The President may make available funds

15 for population planning activities or other population as16 sistance pursuant to programs under title II and title IV

17 of the Foreign Operations, Export Financing, and Related

18 Programs Appropriations Act, 1996, Public Law 104–

19 107, notwithstanding the provisions of section 518A of

20 such Act, if he determines and reports to the Congress

21 that the effects of those restrictions would be that the de22 mand for family planning services would be less likely to

23 be met and that there would be a significant increase in

24 abortions than would otherwise be the case in the absence

25 of such restrictions.
757

S 1594 RS

1 SEC. 3002. Section 308(d) of the Interjurisdictional

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

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

4 inserting ‘‘ASSISTANCE’’;

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

6 to persons engaged in commercial fisheries, for unin7 sured losses determined by the Secretary to have

8 been suffered’’ and inserting ‘‘assist persons en9 gaged in commercial fisheries by providing direct as10 sistance to those persons or by providing indirect as11 sistance to those persons through assistance to agen12 cies of States and political subdivisions thereof and

13 to nonprofit organizations, for projects or other

14 measures designed to alleviate harm that the Sec15 retary determines was incurred’’;

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

17 inserting ‘‘direct assistance to a person’’;

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

19 paragraph (3) and inserting ‘‘net annual revenue

20 from commercial fisheries,’’;

21 (5) by striking paragraph (4) and inserting the

22 following:

23 ‘‘(4) Assistance may not be provided under this

24 subsection as part of a fishing capacity reduction
758

S 1594 RS

1 program in a fishery unless the Secretary determines

2 that—

3 ‘‘(A) adequate conservation and manage4 ment measures are in place in that fishery; and

5 ‘‘(B) adequate measures are in place to

6 prevent the replacement of fishing capacity

7 eliminated by the program in that fishery.’’;

8 and

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

10 grants’’ and all that follows through the end of the

11 paragraph and inserting ‘‘for providing assistance

12 under this subsection.’’.

13 SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFI14 NANCING.

15 (a) DEFINITIONS.—

16 For the purposes of this section—

17 (1) ‘‘Administrator’’ means the Adminis18 trator of the Bonneville Power Administration;

19 (2) ‘‘capital investment’’ means a capital20 ized cost funded by Federal appropriations

21 that—

22 (A) is for a project, facility, or sepa23 rable unit or feature of a project or facil24 ity;
759

S 1594 RS

1 (B) is a cost for which the Adminis2 trator is required by law to establish rates

3 to repay to the United States Treasury

4 through the sale of electric power, trans5 mission, or other services;

6 (C) excludes a Federal irrigation in7 vestment; and

8 (D) excludes an investment financed

9 by the current revenues of the Adminis10 trator or by bonds issued and sold, or au11 thorized to be issued and sold, by the Ad12 ministrator under section 13 of the Fed13 eral Columbia River Transmission System

14 Act (16 U.S.C. 838k);

15 (3) ‘‘new capital investment’’ means a cap16 ital investment for a project, facility, or sepa17 rable unit or feature of a project, facility, or

18 separable unit or feature of a project or facility,

19 placed in service after September 30, 1996;

20 (4) ‘‘old capital investment’’ means a cap21 ital investment the capitalized cost of which—

22 (A) was incurred, but not repaid, be23 fore October 1, 1996, and

24 (B) was for a project, facility, or sepa25 rable unit or feature of a project or facil-
760

S 1594 RS

1 ity, placed in service before October 1,

2 1996;

3 (5) ‘‘repayment date’’ means the end of

4 the period within which the Administrator’s

5 rates are to assure the repayment of the prin6 cipal amount of a capital investment; and

7 (6) ‘‘Treasury rate’’ means—

8 (A) for an old capital investment, a

9 rate determined by the Secretary of the

10 Treasury, taking into consideration prevail11 ing market yields, during the month pre12 ceding October 1, 1996, on outstanding in13 terest-bearing obligations of the United

14 States with periods to maturity comparable

15 to the period between October 1, 1996,

16 and the repayment date for the old capital

17 investment; and

18 (B) for a new capital investment, a

19 rate determined by the Secretary of the

20 Treasury, taking into consideration prevail21 ing market yields, during the month pre22 ceding the beginning of the fiscal year in

23 which the related project, facility, or sepa24 rable unit or feature is placed in service,

25 on outstanding interest-bearing obligations
761

S 1594 RS

1 of the United States with periods to matu2 rity comparable to the period between the

3 beginning of the fiscal year and the repay4 ment date for the new capital investment.

5 (b) NEW PRINCIPAL AMOUNTS.—

6 (1) PRINCIPAL AMOUNT.—Effective October 1,

7 1996, an old capital investment has a new principal

8 amount that is the sum of—

9 (A) the present value of the old payment

10 amounts for the old capital investment, cal11 culated using a discount rate equal to the

12 Treasury rate for the old capital investment;

13 and

14 (B) an amount equal to $100,000,000

15 multiplied by a fraction whose numerator is the

16 principal amount of the old payment amounts

17 for the old capital investment and whose de18 nominator is the sum of the principal amounts

19 of the old payment amounts for all old capital

20 investments.

21 (2) DETERMINATION.—With the approval of

22 the Secretary of the Treasury, based solely on con23 sistency with this section, the Administrator shall

24 determine the new principal amounts under this sub-
762

S 1594 RS

1 section and the assignment of interest rates to the

2 new principal amounts under subsection (c).

3 (3) OLD PAYMENT AMOUNT.—For the purposes

4 of this subsection, ‘‘old payment amounts’’ means,

5 for an old capital investment, the annual interest

6 and principal that the Administrator would have

7 paid to the United States Treasury from October 1,

8 1996, if this section had not been enacted, assuming

9 that—

10 (A) the principal were repaid—

11 (i) on the repayment date the Admin12 istrator assigned before October 1, 1994,

13 to the old capital investment, or

14 (ii) with respect to an old capital in15 vestment for which the Administrator has

16 not assigned a repayment date before Oc17 tober 1, 1994, on a repayment date the

18 Administrator shall assign to the old cap19 ital investment in accordance with para20 graph 10(d)(1) of the version of Depart21 ment of Energy Order RA 6120.2 in effect

22 on October 1, 1994; and

23 (B) interest were paid—
763

S 1594 RS

1 (i) at the interest rate the Adminis2 trator assigned before October 1, 1994, to

3 the old capital investment, or

4 (ii) with respect to an old capital in5 vestment for which the Administrator has

6 not assigned an interest rate before Octo7 ber 1, 1994, at a rate determined by the

8 Secretary of the Treasury, taking into con9 sideration prevailing market yields, during

10 the month preceding the beginning of the

11 fiscal year in which the related project, fa12 cility, or separable unit or feature is placed

13 in service, on outstanding interest-bearing

14 obligations of the United States with peri15 ods to maturity comparable to the period

16 between the beginning of the fiscal year

17 and the repayment date for the old capital

18 investment.

19 (c) INTEREST RATE FOR NEW PRINCIPAL

20 AMOUNTS.—

21 As of October 1, 1996, the unpaid balance on

22 the new principal amount established for an old cap23 ital investment under subsection (b) bears interest

24 annually at the Treasury rate for the old capital in25 vestment until the earlier of the date that the new
764

S 1594 RS

1 principal amount is repaid or the repayment date for

2 the new principal amount.

3 (d) REPAYMENT DATES.—

4 As of October 1, 1996, the repayment date for

5 the new principal amount established for an old cap6 ital investment under subsection (b) is no earlier

7 than the repayment date for the old capital invest8 ment assumed in subsection (b)(3)(A).

9 (e) PREPAYMENT LIMITATIONS.—

10 During the period October 1, 1996, through

11 September 30, 2001, the total new principal

12 amounts of old capital investments, as established

13 under subsection (b), that the Administrator may

14 pay before their respective repayment dates shall not

15 exceed $100,000,000.

16 (f) INTEREST RATES FOR NEW CAPITAL INVEST17 MENTS DURING CONSTRUCTION.—

18 (1) NEW CAPITAL INVESTMENT.—The principal

19 amount of a new capital investment includes interest

20 in each fiscal year of construction of the related

21 project, facility, or separable unit or feature at a

22 rate equal to the one-year rate for the fiscal year on

23 the sum of—
765

S 1594 RS

1 (A) construction expenditures that were

2 made from the date construction commenced

3 through the end of the fiscal year, and

4 (B) accrued interest during construction.

5 (2) PAYMENT.—The Administrator is not re6 quired to pay, during construction of the project, fa7 cility, or separable unit or feature, the interest cal8 culated, accrued, and capitalized under subsection

9 (f)(1).

10 (3) ONE-YEAR RATE.—For the purposes of this

11 section, ‘‘one-year rate’’ for a fiscal year means a

12 rate determined by the Secretary of the Treasury,

13 taking into consideration prevailing market yields,

14 during the month preceding the beginning of the fis15 cal year, on outstanding interest-bearing obligations

16 of the United States with periods to maturity of ap17 proximately one year.

18 (g) INTEREST RATES FOR NEW CAPITAL INVEST19 MENTS.—

20 The unpaid balance on the principal amount of

21 a new capital investment bears interest at the Treas22 ury rate for the new capital investment from the

23 date the related project, facility, or separable unit or

24 feature is placed in service until the earlier of the
766

S 1594 RS

1 date the new capital investment is repaid or the re2 payment date for the new capital investment.

3 (h) CREDITS TO ADMINISTRATORS REPAYMENT TO

4 THE UNITED STATES TREASURY.—

5 The Confederated Tribe of the Colville Reserva6 tion Grand Coulee Dam Settlement Act (Public Law

7 No. 103–436; 108 Stat. 4577) is amended by strik8 ing section 6 and inserting the following:

9 ‘‘SEC. 6. CREDITS TO ADMINISTRATORS REPAYMENT TO

10 THE UNITED STATES TREASURY

11 So long as the Administrator makes annual payments

12 to the tribes under the settlement agreement, the Adminis13 trator shall apply against amounts otherwise payable by

14 the Administrator to the United States Treasury a credit

15 that reduces the Administrator’s payment, in the amount

16 and for each fiscal a follows: $15,860,000 in fiscal year

17 1997; $16,490,000 in fiscal year 1998; $17,150,000 in fis18 cal year 1999; $17,840,000 in fiscal year 2000;

19 $18,550,000 in fiscal year 2001; and $4,600,000 in each

20 succeeding fiscal year.’’.

21 (i) CONTRACT PROVISIONS.—

22 In each contract of the Administrator that pro23 vides for the Administrator to sell electric power,

24 transmission, or related services, and that is in ef25 fect after September 30, 1996, the Administrator
767

S 1594 RS

1 shall offer to include, or as the case may be, shall

2 offer to amend to include, provisions specifying that

3 after September 30, 1996—

4 (1) the Administrator shall establish rates

5 and charges on the basis that—

6 (A) the principal amount of an old

7 capital investment shall be no greater than

8 the new principal amount established

9 under subsection (b);

10 (B) the interest rate applicable to the

11 unpaid balance of the new principal

12 amount of an old capital investment shall

13 be no greater than the interest rate estab14 lished under subsection (c);

15 (C) any payment of principal of an old

16 capital investment shall reduce the out17 standing principal balance of the old cap18 ital investment in the amount of the pay19 ment at the time the payment is tendered;

20 and

21 (D) any payment of interest on the

22 unpaid balance of the new principal

23 amount of an old capital investment shall

24 be a credit against the appropriate interest
768

S 1594 RS

1 account in the amount of the payment at

2 the time the payment is tendered;

3 (2) apart from charges necessary to repay

4 the new principal amount of an old capital in5 vestment as established under subsection (b)

6 and to pay the interest on the principal amount

7 under subsection (c), no amount may be

8 charged for return to the United States Treas9 ury as repayment for or return on an old cap10 ital investment, whether by way of rate, rent,

11 lease payment, assessment, user charge, or any

12 other fee;

13 (3) amounts provided under section 1304

14 of title 31, United States Code, shall be avail15 able to pay, and shall be the sole source for

16 payment of, a judgment against or settlement

17 by the Administrator or the United States on a

18 claim for a breach of the contract provisions re19 quired by this Part; and

20 (4) the contract provisions specified in this

21 Part do not—

22 (A) preclude the Administrator from

23 recovering, through rates or other means,

24 any tax that is generally imposed on elec25 tric utilities in the United States, or
769

S 1594 RS

1 (B) affect the Administrator’s author2 ity under applicable law, including section

3 7(g) of the Pacific Northwest Electric

4 Power Planning and Conservation Act (16

5 U.S.C. 839e(g)), to—

6 (i) allocate costs and benefits, in7 cluding but not limited to fish and

8 wildlife costs, to rates or resources, or

9 (ii) design rates.

10 (j) SAVINGS PROVISIONS.—

11 (1) REPAYMENT.—This subchapter does not af12 fect the obligation of the Administrator to repay the

13 principal associated with each capital investment,

14 and to pay interest on the principal, only from the

15 ‘‘Administrator’s net proceeds,’’ as defined in section

16 13 of the Federal Columbia River Transmission Sys17 tem Act (16 U.S.C. 838k(b)).

18 (2) PAYMENT OF CAPITAL INVESTMENT.—Ex19 cept as provided in subsection (e), this section does

20 not affect the authority of the Administrator to pay

21 all or a portion of the principal amount associated

22 with a capital investment before the repayment date

23 for the principal amount.

24 SEC. 3004. Of the amounts made available under the

25 Federal Transit Administration’s Discretionary Grants
770

S 1594 RS

1 program for Kauai, Hawaii in Public Law 103–122 and

2 Public Law 103–311, $3,250,000 shall be transferred to

3 and administered in accordance with 49 U.S.C. 5307 and

4 made available to Kauai, Hawaii.

5 SEC. 3005. (a) SURFACE TRANSPORTATION PRO6 GRAM.—Notwithstanding section 133 of title 23, United

7 States Code, for fiscal year 1996 and each subsequent fis8 cal year, the State of Vermont may obligate funds appor9 tioned to the State for the surface transportation program

10 established under section 133 of the title for—

11 (1) construction, reconstruction, rehabilitation,

12 resurfacing, restoration, and operational improve13 ments for railroads, including any such construction

14 or reconstruction necessary to accommodate other

15 transportation modes;

16 (2) all eligible activities under section 5311 of

17 title 49, United States Code, and publicly owned rail

18 passenger terminals and facilities, including termi19 nals and facilities owned by the National Railroad

20 Passenger Corporation;

21 (3) capital costs for passenger rail services; and

22 (4) beginning in fiscal year 1997, operating

23 costs for passenger rail services.

24 (b) CONGESTION MITIGATION AND AIR QUALITY IM25 PROVEMENT PROGRAM.—Notwithstanding section 149 of
771

S 1594 RS

1 title 23, United States Code, for fiscal year 1996 and each

2 subsequent fiscal year, the State of Vermont may obligate

3 funds apportioned to the State for the congestion mitiga4 tion and air quality improvement program established

5 under the section for a transportation project or program

6 that—

7 (1) is for an area in the State described in the

8 matter preceding paragraph (1) of section 149(b) of

9 the title; and

10 (2) will have air quality benefits through con11 struction of, and operational improvements for,

12 intercity passenger rail facilities, operation of inter13 city passenger rail trains, and acquisition of rolling

14 stock for intercity passenger rail service, except that

15 not more than 50 percent of the amount received by

16 the State for a fiscal year under this subsection may

17 be obligated for operating support.
772

S 1594 RS

1 TITLE IV—CONTINGENCY

2 APPROPRIATIONS

3 CHAPTER 1

4 DEPARTMENTS OF COMMERCE, JUSTICE, AND

5 STATE, THE JUDICIARY, AND RELATED

6 AGENCIES

7 DEPARTMENT OF COMMERCE

8 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

9 INDUSTRIAL TECHNOLOGY SERVICES

10 In addition to funds provided elsewhere in this Act,

11 for necessary expenses of the Advanced Technology Pro12 gram of the National Institute of Standards and Tech13 nology, $235,000,000, to remain available until expended:

14 Provided, That none of the funds made available under

15 this heading in this or any other Act may be used for the

16 purposes of carrying out additional program competitions

17 under the Advanced Technology Program: Provided fur18 ther, That any unobligated balances from carryover of cur19 rent and prior year appropriations under the Advanced

20 Technology Program may be used only for the purposes

21 of providing continuation grants.
773

S 1594 RS

1 TECHNOLOGY ADMINISTRATION

2 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

3 TECHNOLOGY POLICY

4 SALARIES AND EXPENSES

5 In addition to funds provided elsewhere in this Act,

6 $2,000,000, to remain available until October 30, 1997,

7 for grants to be awarded by the United States-Israel

8 Science and Technology Commission.

9 DEPARTMENT OF STATE

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 SECURITY AND MAINTENANCE OF UNITED STATES

12 MISSIONS

13 In addition to funds provided elsewhere in this Act

14 for Security and Maintenance of United States Missions

15 and under the same terms and conditions as are applicable

16 to those funds under this Act, $8,500,000, to remain

17 available until expended.

18 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

19 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

20 In addition to funds provided elsewhere in this Act

21 for Contributions to International Organizations and

22 under the same terms and conditions as are applicable to

23 those funds under this Act, $223,000,000.
774

S 1594 RS

1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 In addition to funds provided elsewhere in this Act

4 for Contributions for International Peacekeeping Activi5 ties and under the same terms and conditions as are appli6 cable to those funds under this Act, $215,000,000.

7 RELATED AGENCY

8 LEGAL SERVICES CORPORATION

9 PAYMENT TO THE LEGAL SERVICES CORPORATION

10 In addition to funds provided elsewhere in this Act,

11 for payment to the Legal Services Corporation to carry

12 out the purposes of the Legal Services Corporation Act

13 of 1974, as amended, $9,000,000 for basic field programs.

14 CHAPTER 2

15 DEPARTMENT OF THE INTERIOR

16 BUREAU OF LAND MANAGEMENT

17 PAYMENTS IN LIEU OF TAXES

18 In addition to funds provided elsewhere in this Act,

19 $12,500,000.

20 NATIONAL PARK SERVICE

21 OPERATIONS OF THE NATIONAL PARK SYSTEM

22 In addition to funds provided elsewhere in this Act,

23 $35,000,000.
775

S 1594 RS

1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 In addition to funds provided elsewhere in this Act,

4 $35,000,000, to remain available until expended.

5 DEPARTMENT OF ENERGY

6 ENERGY CONSERVATION

7 In addition to funds provided elsewhere in this Act,

8 $35,000,000, to remain available until expended.

9 CHAPTER 3

10 DEPARTMENTS OF LABOR, HEALTH AND

11 HUMAN SERVICES, AND EDUCATION, AND

12 RELATED AGENCIES

13 In addition to the amounts provided in Title I of this

14 Act for the Department of Labor:

15 Under the heading ‘‘Training and Employment Serv16 ices’’, $1,213,300,000, of which $487,300,000 is available

17 for obligation for the period July 1, 1996 through June

18 30, 1997, and of which $91,000,000 is available from July

19 1, 1996, through September 30, 1997, for carrying out

20 activities of the School-to-Work Opportunities Act, and of

21 which $635,000,000 is for carrying out title II, part B

22 of the Job Training Partnership Act;

23 Under the heading ‘‘State Unemployment Insurance

24 and Employment Service Operations’’, $18,000,000,
776

S 1594 RS

1 which shall be available for obligation for the period July

2 1, 1996 through June 30, 1997;

3 Under the heading ‘‘Departmental Management, Sal4 aries and Expenses’’, $12,000,000, of which $10,000,000

5 shall be only for terminal leave, severance pay, and other

6 costs directly related to the reduction of the number of

7 employees in the Department.

8 In addition to the amounts provided for in Title I

9 of this Act for the Department of Health and Human

10 Services:

11 Under the heading ‘‘Health Resources and Services’’,

12 $55,256,000: Provided, That $52,000,000 of such funds

13 shall be used only for State AIDS Drug Assistance Pro14 grams authorized by section 2616 of the Public Health

15 Service Act and shall be distributed to States as author16 ized by section 2618(b)(2) of such Act;

17 Under the heading ‘‘Substance Abuse and Mental

18 Health Services’’, $134,107,000; and

19 Under the heading ‘‘Children and Families Services

20 Programs’’, $136,700,000.

21 In addition to the amounts provided for in Title I

22 of this Act for the Department of Education:

23 Under the heading ‘‘Education Reform’’,

24 $151,000,000, which shall become available on July 1,

25 1996 and shall remain available through September 30,
777

S 1594 RS

1 1997: Provided, That $60,000,000 shall be for the Goals

2 2000: Educate Act and $91,000,000 shall be for the

3 School-to-Work Opportunities Act.

4 Under the heading ‘‘Education for the Disadvan5 taged’’, $1,278,887,000, which shall become available for

6 obligation on July 1, 1996 and shall remain available

7 through September 30, 1997: Provided, That

8 $1,022,230,000 shall be available for basic grants and

9 $256,657,000 shall be for concentration grants.

10 Under the heading ‘‘School Improvement Programs’’,

11 $208,000,000, of which $200,000,000 shall become avail12 able for obligation on July 1, 1996 and shall remain avail13 able through September 30, 1997.

14 Under the heading ‘‘Vocational and Adult Edu15 cation’’, $82,750,000, which shall become available for ob16 ligation on July 1, 1996 and shall remain available

17 through September 30, 1997.

18 Under the heading ‘‘Student Financial Assistance’’,

19 the maximum Pell Grant for which a student shall be eligi20 ble during award year 1996–1997 shall be increased by

21 $60.00.

22 Under the heading ‘‘Education Research, Statistics,

23 and Improvement’’, $10,000,000 shall be for sections

24 3136 and 3141 of the Elementary and Secondary Edu25 cation Act.
778

S 1594 RS

1 CHAPTER 4

2 DEPARTMENTS OF VETERANS AFFAIRS AND

3 HOUSING AND URBAN DEVELOPMENT, AND

4 INDEPENDENT AGENCIES

5 DEPARTMENT OF VETERANS AFFAIRS

6 DEPARTMENTAL ADMINISTRATION

7 CONSTRUCTION, MAJOR PROJECTS

8 In addition to funds provided elsewhere in this Act,

9 $16,000,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law,

11 the Department of Veterans Affairs is authorized to de12 sign and construct a medical research addition at the

13 Portland, Oregon, Veterans Affairs medical center.

14 DEPARTMENT OF HOUSING AND URBAN

15 DEVELOPMENT

16 HOUSING PROGRAMS

17 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

18 In addition to funds provided elsewhere in this Act,

19 $200,000,000, to remain available until expended: Pro20 vided, That $150,000,000 of such sum shall be available

21 for purposes authorized by section 202 of the Housing Act

22 of 1959, and $50,000,000 shall be available for purposes

23 authorized by section 811 of the Cranston-Gonzalez Na24 tional Affordable Housing Act: Provided further, That all

25 such sums shall be available only to provide for rental sub-
779

S 1594 RS

1 sidy terms of a longer duration than would otherwise be

2 permitted by this Act.

3 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION,

4 AND REPLACEMENT HOUSING GRANTS

5 In addition to funds provided elsewhere in this Act,

6 $120,000,000, to remain available until expended.

7 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

8 PROJECTS

9 In addition to funds provided elsewhere in this Act,

10 $50,000,000.

11 INDEPENDENT AGENCIES

12 ENVIRONMENTAL PROTECTION AGENCY

13 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

14 In addition to funds provided elsewhere in this Act,

15 $12,000,000, to remain available until September 30,

16 1997.

17 BUILDINGS AND FACILITIES

18 In addition to funds provided elsewhere in this Act,

19 $50,000,000, to remain available until expended: Pro20 vided, That notwithstanding any other provision of law,

21 EPA is authorized to establish and construct a consoli22 dated research facility at Research Triangle Park, North

23 Carolina, at a maximum total construction cost of

24 $232,000,000, and to obligate such monies as are made

25 available by this Act, and hereafter, for this purpose.
780

S 1594 RS

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 In addition to funds provided elsewhere in this Act,

3 $100,000,000, to remain available until expended, for cap4 italization grants for State revolving funds to support

5 water infrastructure financing.

6 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

7 SPACE, AERONAUTICS AND TECHNOLOGY

8 In addition to funds provided elsewhere in this Act,

9 $83,000,000, to remain available until September 30,

10 1997.

11 NATIONAL SCIENCE FOUNDATION

12 RESEARCH AND RELATED ACTIVITIES

13 In addition to funds provided elsewhere in this Act,

14 $40,000,000, to remain available until September 30,

15 1997.

16 GENERAL PROVISIONS

17 SEC. 4001. No part of any appropriation contained

18 in this title shall remain available for obligation beyond

19 the current fiscal year unless expressly so provided herein.

20 SEC. 4002. No part of any appropriation contained

21 in this title shall be made available for obligation or ex22 penditure, nor any authority granted herein be effective,

23 until the enactment into law of a subsequent Act entitled

24 ‘‘An Act Incorporating an Agreement Between the Presi-
781

S 1594 RS

1 dent and Congress Relative to Federal Expenditures in

2 Fiscal Year 1996 and Future Fiscal Years’’.

3 This title may be cited as the ‘‘Contingency Appro4 priations Act, 1996’’.

5 This Act may be cited as the ‘‘Omnibus Consolidated

6 Rescissions and Appropriations Act of 1996’’.