600
‘‘(3) ADMINISTRATIVE COSTS.—Not more than 3
percent of the funds made available pursuant to this
section shall be used for administrative costs.
‘‘(4) CARRYOVER
OF
APPROPRIATIONS.—Funds
appropriated pursuant to this section during any fis-
cal year shall remain available until expended.
‘‘(5) MATCHING FUNDS.—The Federal share of a
grant received under this subtitle may not exceed 90
percent of the costs of a proposal as described in an
application approved under this subtitle.
‘‘SEC. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL
LANDS.
‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any
other provision of this subtitle, from amounts appropriated
under section 20107 to carry out section 20103, the Attor-
ney General shall reserve, to carry out this section—
‘‘(1) 0.3 percent in each of fiscal years 1996 and
1997; and
‘‘(2) 0.2 percent in each of fiscal years 1998,
1999, and 2000.
‘‘(b) GRANTS TO INDIAN TRIBES.—From the amounts
reserved under subsection (a), the Attorney General may
make grants to Indian tribes for the purposes of construct-
ing jails on tribal lands for the incarceration of offenders
subject to tribal jurisdiction.
601
‘‘(c) APPLICATIONS.—To be eligible to receive a grant
under this section, an Indian tribe shall submit to the At-
torney General an application in such form and containing
such information as the Attorney General may by regula-
tion require.
‘‘SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR INCAR-
CERATION OF CRIMINAL ALIENS.
‘‘(a) IN GENERAL.—The Attorney General shall make
a payment to each State which is eligible under section
242(j) of the Immigration and Nationality Act and which
meets the eligibility requirements of section 20103, in such
amount as is determined under section 242(j) and for which
payment is not made to such State for such fiscal year
under such section.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provision of this subtitle, there are au-
thorized to be appropriated to carry out this section from
amounts authorized under section 20107, an amount which
when added to amounts appropriated to carry out section
242(j) of the Immigration and Nationality Act for fiscal
year 1996 equals $500,000,000 and for each of the fiscal
years 1997 through 2000 does not exceed $650,000,000.
‘‘(c) REPORT TO CONGRESS.—Not later than May 15,
1999, the Attorney General shall submit a report to the Con-
gress which contains the recommendation of the Attorney
602
General concerning the extension of the program under this
section.
‘‘SEC. 20110. SUPPORT OF FEDERAL PRISONERS IN NON-
FEDERAL INSTITUTIONS.
‘‘(a) IN GENERAL.—The Attorney General may make
payments to States and units of local government for the
purposes authorized in section 4013 of title 18, United
States Code.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provision of this subtitle, there are au-
thorized to be appropriated from amounts authorized under
section 20107 for each of fiscal years 1996 through 2000
such sums as may be necessary to carry out this section.
‘‘SEC. 20111. REPORT BY THE ATTORNEY GENERAL.
‘‘Beginning on July 1, 1996, and each July 1 there-
after, the Attorney General shall report to the Congress on
the implementation of this subtitle, including a report on
the eligibility of the States under section 20103, and the
distribution and use of funds under this subtitle.’’.
(b) PREFERENCE IN PAYMENTS.—Section 242(j)(4) of
the Immigration and Nationality Act (8 U.S.C. 1252(j)(4))
is amended by adding at the end the following:
‘‘(C) In carrying out paragraph (1)(A), the
Attorney General shall give preference in making
payments to States and political subdivisions of
603
States which are ineligible for payments under
section 20109 of the Violent Crime Control and
Law Enforcement Act of 1994.’’.
(c) CONFORMING AMENDMENTS.—
(1) OMNIBUS
CRIME
CONTROL
AND
SAFE
STREETS ACT OF 1968.—
(A) PART V.—Part V of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968
is repealed.
(B) FUNDING.—
(i) Section 1001(a) of the Omnibus
Crime Control and Safe Streets Act of 1968
is amended by striking paragraph (20).
(ii) Notwithstanding the provisions of
subparagraph (A), any funds that remain
available to an applicant under paragraph
(20) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 shall be used
in accordance with part V of such Act as if
such Act was in effect on the day preceding
the date of enactment of this Act.
(2) VIOLENT CRIME CONTROL
AND LAW EN-
FORCEMENT ACT OF 1994.—
(A) TABLE
OF
CONTENTS.—The table of
contents of the Violent Crime Control and Law
604
Enforcement Act of 1994 is amended by striking
the matter relating to title V.
(B) 
COMPLIANCE.—Notwithstanding 
the
provisions of paragraph (1), any funds that re-
main available to an applicant under title V of
the Violent Crime Control and Law Enforcement
Act of 1994 shall be used in accordance with
such subtitle as if such subtitle was in effect on
the day preceding the date of enactment of this
Act.
(C) TRUTH-IN-SENTENCING.—The table of
contents of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by striking
the matter relating to subtitle A of title II and
inserting the following:
‘‘SUBTITLE A—VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-
SENTENCING INCENTIVE GRANTS
‘‘Sec. 20101. Definitions.
‘‘Sec. 20102. Authorization of Grants.
‘‘Sec. 20103. 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.’’.
SEC. 115. Notwithstanding provisions of 41 U.S.C.
353 or any other provision of law, the Federal Prison Sys-
tem may enter into contracts and other agreements with
private entities for a period not to exceed 3 years and 7
605
additional option years for the confinement of Federal pris-
oners.
SEC. 116. The pilot debt collection project authorized
by Public Law 99–578, as amended, is extended through
September 30, 1997.
SEC. 117. The definition of ‘‘educational expenses’’ in
Section 200103 of the Violent Crime Control and Law En-
forcement Act of 1994, Public Law 103–322 is amended to
read as follows:
‘‘educational expenses’’ means expenses that are
directly attributable to—
(A) a course of education leading to the
award of the baccalaureate degree; or
(B) a course of graduate study following
award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous ex-
penses.
SEC. 118. (a) STATE COMPATIBILITY WITH FEDERAL
BUREAU OF INVESTIGATION SYSTEMS.—(1) The Attorney
General shall make funds available to the chief executive
officer of each State to carry out the activities described
in paragraph (2).
(2) USES.—The executive officer of each State shall use
the funds made available under this subsection in conjunc-
606
tion with units of local government, other States, or com-
binations thereof, to carry out all or part of a program to
establish, develop, update, or upgrade—
(A) computerized identification systems that are
compatible and integrated with the databases of the
National Crime Information Center of the Federal
Bureau of Investigation;
(B) ballistics identification programs that are
compatible and integrated with the Drugfire Program
of the Federal Bureau of Investigation;
(C) the capability to analyze deoxyribonucleic
acid (DNA) in a forensic laboratory in ways that are
compatible and integrated with the combined DNA
Identification System (CODIS) of the Federal Bureau
of Investigation; and
(D) automated fingerprint identification systems
that are compatible and integrated with the Inte-
grated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation.
(b) ELIGIBILITY.—To be eligible to receive a grant
under this section, a State shall require that each person
convicted of a felony of a sexual nature shall provide a sam-
ple of blood, saliva, or other specimen necessary to conduct
a DNA analysis consistent with the standards established
607
for DNA testing by the Director of the Federal Bureau of
Investigation.
(c) INTERSTATE COMPACTS.—A State may enter into
a compact or compacts with another State or States to
carry out this section.
(d) ALLOCATION.—The Attorney General shall allocate
the funds appropriated under subsection (e) to each State
based on the following formula:
(1) .25 percent shall be allocated to each of the
participating States.
(2) Of the total funds remaining after the alloca-
tion under paragraph (1), each State shall be allo-
cated an amount that bears the same ratio to the
amount of such funds as the population of such State
bears to the population of all States.
(e) APPROPRIATION.—$11,800,000 is appropriated to
carry out the provisions in this section and shall remain
available until expended.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1996’’.
608
TITLE II—DEPARTMENT OF COMMERCE AND
RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United
States Trade Representative, including the hire of passenger
motor vehicles and the employment of experts and consult-
ants as authorized by 5 U.S.C. 3109, $20,889,000, of which
$2,500,000 shall remain available until expended: Provided,
That not to exceed $98,000 shall be available for official
reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$40,000,000, to remain available until expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
609
and engaging in trade promotional activities abroad, in-
cluding expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms,
without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of
the United States and Foreign Commercial Service between
two points abroad, without regard to 49 U.S.C. 1517; em-
ployment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; pur-
chase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not
to exceed $30,000 per vehicle; obtain insurance on official
motor vehicles; and rent tie lines and teletype equipment;
$264,885,000, to remain available until expended: Pro-
vided, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without
610
regard to 15 U.S.C. 4912; and that for the purpose of this
Act, contributions under the provisions of the Mutual Edu-
cational and Cultural Exchange Act shall include payment
for assessments for services provided as part of these activi-
ties.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and
abroad; full medical coverage for dependent members of im-
mediate families of employees stationed overseas; employ-
ment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement;
payment of tort claims, in the manner authorized in the
first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official rep-
resentation expenses abroad; awards of compensation to in-
formers under the Export Administration Act of 1979, and
as authorized by 22 U.S.C. 401(b); purchase of passenger
motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation other-
611
wise established by law; $38,604,000, to remain available
until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and
contributions collected and accepted for materials or serv-
ices provided as part of such activities may be retained for
use in covering the cost of such activities, and for providing
information to the public with respect to the export admin-
istration and national security activities of the Department
of Commerce and other export control programs of the Unit-
ed States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as pro-
vided by the Public Works and Economic Development Act
of 1965, as amended, Public Law 91–304, and such laws
that were in effect immediately before September 30, 1982,
and for trade adjustment assistance, $328,500,000: Pro-
vided, That none of the funds appropriated or otherwise
made available under this heading may be used directly or
indirectly for attorneys’ or consultants’ fees in connection
with securing grants and contracts made by the Economic
Development Administration: Provided further, That, not-
612
withstanding any other provision of law, the Secretary of
Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for
closure or realignment to grantees eligible for assistance
under the Public Works and Economic Development Act of
1965, as amended, without it being required that the grant-
ee have title or ability to obtain a lease for the property,
for the useful life of the project, when in the opinion of the
Secretary of Commerce, such financial assistance is nec-
essary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Sec-
retary considers appropriate, consult with the Secretary of
Defense regarding the title to land on military installations
closed or scheduled for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$20,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emer-
gency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce
in fostering, promoting, and developing minority business
613
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$32,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $45,900,000, to remain available until Sep-
tember 30, 1997.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING
FUND
The Secretary of Commerce is authorized to dissemi-
nate economic and statistical data products as authorized
by 15 U.S.C. 1525–1527 and, notwithstanding 15 U.S.C.
4912, charge fees necessary to recover the full costs incurred
in their production. Notwithstanding 31 U.S.C. 3302, re-
ceipts received from these data dissemination activities
shall be credited to this account, to be available for carrying
out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for by
law, $133,812,000.
614
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$150,300,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Adminis-
tration, $17,000,000 to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 1535(d), the Sec-
retary of Commerce is authorized to charge Federal agencies
for spectrum management, analysis, and operations, and
related services: Provided further, That the Secretary of
Commerce is authorized to retain and use as offsetting col-
lections all funds transferred, or previously transferred,
from other Government agencies for spectrum management,
analysis, and operations, and related services and for all
costs incurred in telecommunications research, engineering,
and related activities by the Institute for Telecommuni-
cation Sciences of the NTIA in furtherance of its assigned
functions under this paragraph, and such funds received
from other Government agencies shall remain available
until expended.
615
PUBLIC BROADCASTING FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $15,500,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $2,200,000
shall be available for program administration as authorized
by section 391 of the Act: Provided further, That notwith-
standing the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants
for projects for which applications have been submitted and
approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $21,500,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $3,000,000
shall be available for program administration and other
support activities as authorized by section 391 of the Act
including support of the Advisory Council on National In-
formation Infrastructure: Provided further, That of the
funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for
projects related directly to the development of a national
information infrastructure: Provided further, That notwith-
standing the requirements of section 392(a) and 392(c) of
616
the Act, these funds may be used for the planning and con-
struction of telecommunications networks for the provision
of educational, cultural, health care, public information,
public safety or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark
Office provided for by law, including defense of suits insti-
tuted against the Commissioner of Patents and Trade-
marks; $82,324,000, to remain available until expended:
Provided, That the funds made available under this heading
are to be derived from deposits in the Patent and Trade-
mark Office Fee Surcharge Fund as authorized by law: Pro-
vided further, That the amounts made available under the
Fund shall not exceed amounts deposited; and such fees as
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.
41 and 376, shall remain available until expended.
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $259,000,000, to remain avail-
able until expended, of which not to exceed $8,500,000 may
be transferred to the ‘‘Working Capital Fund’’.
617
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership of the National Institute of Standards and
Technology, $80,000,000, to remain available until ex-
pended, of which not to exceed $500,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That none of the
funds made available under this heading in this or any
other Act may be used for the purposes of carrying out addi-
tional program competitions under the Advanced Tech-
nology Program: Provided further, That any unobligated
balances available from carryover of prior year appropria-
tions under the Advanced Technology Program may be used
only for the purposes of providing continuation grants.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c–278e, $60,000,000, to remain available until
expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law
for the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
618
aircraft; not to exceed 358 commissioned officers on the ac-
tive list; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities pur-
suant to cooperative agreements; and alteration, moderniza-
tion, and relocation of facilities as authorized by 33 U.S.C.
883i; $1,802,677,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 but con-
sistent with other existing law, fees shall be assessed, col-
lected, and credited to this appropriation as offsetting col-
lections to be available until expended, to recover the costs
of administering aeronautical charting programs: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as such additional fees are received
during fiscal year 1996, so as to result in a final general
fund 
appropriation 
estimated 
at 
not 
more 
than
$1,799,677,000: Provided further, That any such additional
fees received in excess of $3,000,000 in fiscal year 1996 shall
not be available for obligation until October 1, 1996: Pro-
vided further, That fees and donations received by the Na-
tional Ocean Service for the management of the national
marine sanctuaries may be retained and used for the sala-
ries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302: Provided further, That in addi-
tion, $63,000,000 shall be derived by transfer from the fund
entitled ‘‘Promote and Develop Fishery Products and Re-
619
search Pertaining to American Fisheries’’: Provided fur-
ther, That grants to States pursuant to sections 306 and
306(a) of the Coastal Zone Management Act, as amended,
shall not exceed $2,000,000.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to 16 U.S.C. 1456a, not
to exceed $7,800,000, for purposes set forth in 16 U.S.C.
1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and 16
U.S.C. 1461(e).
CONSTRUCTION
For repair and modification of, and additions to, ex-
isting facilities and construction of new facilities, and for
facility planning and design and land acquisition not oth-
erwise provided for the National Oceanic and Atmospheric
Administration, $50,000,000, to remain available until ex-
pended.
FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION
For expenses necessary for the repair, acquisition, leas-
ing, or conversion of vessels, including related equipment
to maintain and modernize the existing fleet and to con-
tinue planning the modernization of the fleet, for the Na-
tional 
Oceanic 
and 
Atmospheric 
Administration,
$8,000,000, to remain available until expended.
FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND
For carrying out the provisions of section 3 of Public
Law 95–376, not to exceed $1,032,000, to be derived from
620
receipts collected pursuant to 22 U.S.C. 1980 (b) and (f),
to remain available until expended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public
Law 95–372, not to exceed $999,000, to be derived from re-
ceipts collected pursuant to that Act, to remain available
until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of
the Atlantic Tunas Convention Act of 1975, as amended
(Public Law 96–339), the Magnuson Fishery Conservation
and Management Act of 1976, as amended (Public Law
100–627) and the American Fisheries Promotion Act (Pub-
lic Law 96–561), there are appropriated from the fees im-
posed under the foreign fishery observer program authorized
by these Acts, not to exceed $196,000, to remain available
until expended.
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans authorized
by the Merchant Marine Act of 1936, as amended, $250,000:
Provided, That none of the funds made available under this
heading may be used to guarantee loans for any new fishing
vessel that will increase the harvesting capacity in any
United States fishery.
621
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF
TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $5,000,000.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of Commerce provided for by law, includ-
ing not to exceed $3,000 for official entertainment,
$29,100,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $19,849,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $75,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the
622
activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by the
Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary that
such payments are in the public interest.
SEC. 202. During the current fiscal year, appropria-
tions made available to the Department of Commerce by
this Act for salaries and expenses shall be available for hire
of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uni-
forms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).
SEC. 203. None of the funds made available by this
Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Re-
serve.
SEC. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Depart-
ment of Commerce shall be available to reimburse the Un-
employment Trust Fund or any other fund or account of
the Treasury to pay for any expenses paid before October
1, 1992, as authorized by section 8501 of title 5, United
States Code, for services performed after April 20, 1990, by
623
individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the 1990 de-
cennial census of population.
SEC. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Commerce in this Act may be transferred between
such appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in
that section.
SEC. 206. (a) Should legislation be enacted to disman-
tle or reorganize the Department of Commerce, the Sec-
retary of Commerce, no later than 90 days thereafter, shall
submit to the Committees on Appropriations of the House
and the Senate a plan for transferring funds provided in
this Act to the appropriate successor organizations: Pro-
vided, That the plan shall include a proposal for transfer-
ring or rescinding funds appropriated herein for agencies
or programs terminated under such legislation: Provided
further, That such plan shall be transmitted in accordance
with section 605 of this Act.
624
(b) The Secretary of Commerce or the appropriate
head of any successor organization(s) may use any avail-
able funds to carry out legislation dismantling or reor-
ganizing the Department of Commerce to cover the costs of
actions relating to the abolishment, reorganization or trans-
fer of functions and any related personnel action, including
voluntary separation incentives if authorized by such legis-
lation: Provided, That the authority to transfer funds be-
tween appropriations accounts that may be necessary to
carry out this section is provided in addition to authorities
included under section 205 of this Act: Provided further,
That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure ex-
cept in compliance with the procedures set forth in that sec-
tion: Provided further, That no monies appropriated under
this Act or any other law shall be used by the Secretary
of Commerce to issue final determinations under subsections
(a), (b), (c), (e), (g) or (i) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533), until such time as
legislation reauthorizing the Act is enacted or until the end
of fiscal year 1996, whichever is earlier, except that monies
appropriated under this Act may be used to delist or reclas-
sify 
species 
pursuant 
to 
subsections 
4(a)(2)(B),
4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species
625
Act, and may be used to issue emergency listings under sec-
tion 4(b)(7) of the Endangered Species Act.
SEC. 207. Notwithstanding any other provision of law
(including any regulation and including the Public Works
and Economic Development Act of 1965), the transfer of
title to the Rutland City Industrial Complex to Hilinex,
Vermont (as related to Economic Development Administra-
tion Project Number 01–11–01742) shall not require com-
pensation to the Federal Government for the fair share of
the Federal Government of that real property.
SEC. 208. (a) IN GENERAL.—The Secretary of Com-
merce, acting through the Assistant Secretary for Economic
Development of the Department of Commerce, shall—
(1) not later than January 1, 1996, commence
the demolition of the structures on, and the cleanup
and environmental remediation on, the parcel of land
described in subsection (b);
(2) not later than March 31, 1996, complete the
demolition, cleanup, and environmental remediation
under paragraph (1); and
(3) not later than April 1, 1996, convey the par-
cel of land described in subsection (b), in accordance
with the requirements of section 120(h) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)), to the
626
Tuscaloosa County Industrial Development Authority,
on receipt of payment of the fair market value for the
parcel by the Authority, as agreed on by the Secretary
and the Authority.
(b) LAND PARCEL.—The parcel of land referred to in
subsection (a) is the parcel of land consisting of approxi-
mately 41 acres in Holt, Alabama (in Tuscaloosa County),
that is generally known as the ‘‘Central Foundry Property’’,
as depicted on a map, and as described in a legal descrip-
tion, that the Secretary, acting through the Assistant Sec-
retary for Economic Development, determines to be satisfac-
tory.
SEC. 209. Any costs incurred by a Department or
agency funded under this title resulting from personnel ac-
tions taken in response to funding reductions included in
this title shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision
is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
627
This title may be cited as the ‘‘Department of Com-
merce and Related Agencies Appropriations Act, 1996’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Su-
preme Court, as required by law, excluding care of the
building and grounds, including purchase or hire, driving,
maintenance and operation of an automobile for the Chief
Justice, not to exceed $10,000 for the purpose of transport-
ing Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $25,834,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable
the Architect of the Capitol to carry out the duties imposed
upon him by the Act approved May 7, 1934 (40 U.S.C.
13a–13b), $3,313,000, of which $500,000 shall remain
available until expended.
628
UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $14,288,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as author-
ized by 5 U.S.C. 3109, and necessary expenses of the court,
as authorized by law, $10,859,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (includ-
ing judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise spe-
cifically provided for, and necessary expenses of the courts,
as authorized by law, $2,433,141,000 (including the pur-
chase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
629
alteration projects; of which not to exceed $10,000,000 shall
remain available until expended for furniture and furnish-
ings related to new space alteration and construction
projects; and of which $500,000 is to remain available until
expended for acquisition of books, periodicals, and news-
papers, and all other legal reference materials, including
subscriptions.
In addition, for expenses of the United States Court
of Federal Claims associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $2,318,000, to be appropriated from the Vaccine In-
jury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Federal Judiciary as authorized
by law, $30,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund, as authorized by section 190001(a) of Public
Law 103–322.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations, the compensation and
reimbursement of expenses of attorneys appointed to rep-
resent persons under the Criminal Justice Act of 1964, as
amended, the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services
under the Criminal Justice Act (18 U.S.C. 3006A(e)), the
630
compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys ap-
pointed to assist the court in criminal cases where the de-
fendant has waived representation by counsel, the com-
pensation and reimbursement of travel expenses of guard-
ians ad litem acting on behalf of financially eligible minor
or incompetent offenders in connection with transfers from
the United States to foreign countries with which the Unit-
ed States has a treaty for the execution of penal sentences,
and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d), $267,217,000,
to remain available until expended as authorized by 18
U.S.C. 3006A(i): Provided, That none of the funds provided
in this Act shall be available for Death Penalty Resource
Centers or Post-Conviction Defender Organizations after
April 1, 1996.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28
U.S.C. 1871 and 1876; compensation of jury commissioners
as authorized by 28 U.S.C. 1863; and compensation of com-
missioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain
available until expended: Provided, That the compensation
of land commissioners shall not exceed the daily equivalent
631
of the highest rate payable under section 5332 of title 5,
United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, in-
cident to the procurement, installation, and maintenance
of security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages, di-
rected security patrols, and other similar activities as au-
thorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100–702); $102,000,000,
to be expended directly or transferred to the United States
Marshals Service which shall be responsible for administer-
ing elements of the Judicial Security Program consistent
with standards or guidelines agreed to by the Director of
the Administrative Office of the United States Courts and
the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of
the United States Courts as authorized by law, including
travel as authorized by 31 U.S.C. 1345, hire of a passenger
motor vehicle as authorized by 31 U.S.C. 1343(b), advertis-
ing and rent in the District of Columbia and elsewhere,
632
$47,500,000, of which not to exceed $7,500 is authorized
for official reception and representation expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center,
as authorized by Public Law 90–219, $17,914,000; of which
$1,800,000 shall remain available through September 30,
1997, to provide education and training to Federal court
personnel; and of which not to exceed $1,000 is authorized
for official reception and representation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement
Fund, as authorized by 28 U.S.C. 377(o), $24,000,000, to
the Judicial Survivors’ Annuities Fund, as authorized by
28 U.S.C. 376(c), $7,000,000, and to the United States
Court of Federal Claims Judges’ Retirement Fund, as au-
thorized by 28 U.S.C. 178(l), $1,900,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out
the provisions of chapter 58 of title 28, United States Code,
$8,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
633
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in
this title which are available for salaries and expenses shall
be available for services as authorized by 5 U.S.C. 3109.
SEC. 302. Appropriations made in this title shall be
available for salaries and expenses of the Special Court es-
tablished under the Regional Rail Reorganization Act of
1973, Public Law 93–236.
SEC. 303. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ‘‘Courts of Appeals, Dis-
trict Courts, and other Judicial Services, Defender Serv-
ices’’, shall be increased by more than 10 percent by any
such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 304. Notwithstanding any other provision of law,
the salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be avail-
able for official reception and representation expenses of the
Judicial Conference of the United States: Provided, That
such available funds shall not exceed $10,000 and shall be
634
administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary
of the Judicial Conference.
SEC. 305. Section 333 of title 28, United States Code,
is amended—
(1) in the first paragraph by striking ‘‘shall’’ the
first, second, and fourth place it appears and insert-
ing ‘‘may’’; and
(2) in the second paragraph—
(A) by striking ‘‘shall’’ the first place it ap-
pears and inserting ‘‘may’’; and
(B) by striking ‘‘, and unless excused by the
chief judge, shall remain throughout the con-
ference’’.
This title may be cited as ‘‘The Judiciary Appropria-
tions Act, 1996’’.
TITLE IV—DEPARTMENT OF STATE AND
RELATED AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and
the Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Au-
thorities Act of 1956, as amended; representation to certain
635
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of Con-
gress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general ad-
ministration, $1,708,800,000: Provided, That notwith-
standing section 140(a)(5), and the second sentence of sec-
tion 140(a)(3) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236), not to
exceed $125,000,000 of fees may be collected during fiscal
year 1996 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the pre-
ceding proviso shall be deposited in fiscal year 1996 as an
offsetting collection to appropriations made under this
heading to recover the costs of providing consular services
and shall remain available until expended: Provided fur-
ther, That starting in fiscal year 1997, a system shall be
in place that allocates to each department and agency the
full cost of its presence outside of the United States.
Of the funds provided under this heading, $24,856,000
shall be available only for the Diplomatic Telecommuni-
cations Service for operation of existing base services and
not to exceed $17,144,000 shall be available only for the en-
hancement of the Diplomatic Telecommunications Service
636
and shall remain available until expended. Of the latter
amount, $9,600,000 shall not be made available until expi-
ration of the 15 day period beginning on the date when
the Secretary of State and the Director of the Diplomatic
Telecommunications Service submit the pilot program re-
port required by section 507 of Public Law 103–317.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section
45 of the State Department Basic Authorities Act of 1956,
22 U.S.C. 2717; and in addition not to exceed $1,223,000
shall be derived from fees from other executive agencies for
lease or use of facilities located at the International Center
in accordance with section 4 of the International Center
Act (Public Law 90–553, as amended by section 120 of Pub-
lic Law 101–246); and in addition not to exceed $15,000
which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities in accordance with
section 46 of the State of Department Basic Authorities Act
of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed
20 percent of the amounts made available in this Act in
the appropriation accounts, ‘‘Diplomatic and Consular
Programs’’ and ‘‘Salaries and Expenses’’ under the heading
‘‘Administration of Foreign Affairs’’ may be transferred be-
637
tween such appropriation accounts: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
For an additional amount for security enhancements
to counter the threat of terrorism, $9,720,000, to remain
available until expended.
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of State and the Foreign Service, pro-
vided for by law, including expenses authorized by section
9 of the Act of August 31, 1964, as amended (31 U.S.C.
3721), and the State Department Basic Authorities Act of
1956, as amended, $363,276,000.
For an additional amount for security enhancements
to counter the threat of terrorism, $1,870,000, to remain
available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $16,400,000, to remain available until expended, as
authorized in Public Law 103–236: Provided, That section
135(e) of Public Law 103–236 shall not apply to funds ap-
propriated under this heading.
638
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App.), $27,369,000, not-
withstanding section 209(a)(1) of the Foreign Service Act
of 1980 (Public Law 96–465), as it relates to post inspec-
tions: Provided, That notwithstanding any other provision
of law, (1) the Office of the Inspector General of the United
States Information Agency is hereby merged with the Office
of the Inspector General of the Department of State; (2) the
functions exercised and assigned to the Office of the Inspec-
tor General of the United States Information Agency before
the effective date of this Act (including all related functions)
are transferred to the Office of the Inspector General of the
Department of State; and (3) the Inspector General of the
Department of State shall also serve as the Inspector Gen-
eral of the United States Information Agency.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section
905 of the Foreign Service Act of 1980, as amended (22
U.S.C. 4085), $4,500,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Sec-
retary of State to provide for extraordinary protective serv-
ices in accordance with the provisions of section 214 of the
639
State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $8,579,000.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926, as amended (22 U.S.C. 292–
300), and the Diplomatic Security Construction Program
as authorized by title IV of the Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986 (22 U.S.C. 4851),
$385,760,000, to remain available until expended as au-
thorized by 22 U.S.C. 2696(c): Provided, That none of the
funds appropriated in this paragraph shall be available for
acquisition of furniture and furnishings and generators for
other departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE
For expenses necessary to enable the Secretary of State
to meet unforeseen emergencies arising in the Diplomatic
and Consular Service pursuant to the requirement of 31
U.S.C. 3526(e), $6,000,000, to remain available until ex-
pended as authorized by 22 U.S.C. 2696(c), of which not
to exceed $1,000,000 may be transferred to and merged with
the Repatriation Loans Program Account, subject to the
same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized
by 22 U.S.C. 2671: Provided, That such costs, including
640
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974. In addi-
tion, for administrative expenses necessary to carry out the
direct loan program, $183,000 which may be transferred
to and merged with the Salaries and Expenses account
under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Rela-
tions Act, Public Law 96–8 (93 Stat. 14), $15,165,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $125,402,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conven-
tions or specific Acts of Congress, $700,000,000: Provided,
That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the
United States and the respective international organiza-
tion: Provided further, That 20 percent of the funds appro-
priated in this paragraph for the assessed contribution of
the United States to the United Nations shall be withheld
641
from obligation and expenditure until a certification is
made under section 401(b) of Public Law 103–236 for fiscal
year 1996: Provided further, That certification under sec-
tion 401(b) of Public Law 103–236 for fiscal year 1996 may
only be made if the Committees on Appropriations and For-
eign Relations of the Senate and the Committees on Appro-
priations and International Relations of the House of Rep-
resentatives are notified of the steps taken, and anticipated,
to meet the requirements of section 401(b) of Public Law
103–236 at least 15 days in advance of the proposed certifi-
cation: Provided further, That none of the funds appro-
priated in this paragraph shall be available for a United
States contribution to an international organization for the
United States share of interest costs made known to the
United States Government by such organization for loans
incurred on or after October 1, 1984, through external bor-
rowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For necessary expenses to pay assessed and other ex-
penses of international peacekeeping activities directed to
the maintenance or restoration of international peace and
security, $225,000,000: Provided, That none of the funds
made available under this Act shall be obligated or expended
for any new or expanded United Nations peacekeeping mis-
sion unless, at least fifteen days in advance of voting for
642
the new or expanded mission in the United Nations Secu-
rity Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appro-
priate Committees of the Congress are notified of the esti-
mated cost and length of the mission, the vital national in-
terest that will be served, and the planned exit strategy; and
(2) a reprogramming of funds pursuant to section 605 of
this Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay
for the cost of the new or expanded mission: Provided fur-
ther, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the
appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities
to provide equipment, services and material for United Na-
tions peacekeeping activities equal to those being given to
foreign manufacturers and suppliers.
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the
State Department Basic Authorities Act of 1956, in addi-
tion to funds otherwise available for these purposes, con-
tributions for the United States share of general expenses
of international organizations and conferences and rep-
resentation to such organizations and conferences as pro-
vided for by 22 U.S.C. 2656 and 2672 and personal services
643
without regard to civil service and classification laws as
authorized by 5 U.S.C. 5102, $3,000,000, to remain avail-
able until expended as authorized by 22 U.S.C. 2696(c), of
which not to exceed $200,000 may be expended for represen-
tation as authorized by 22 U.S.C. 4085.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
UNITED STATES AND MEXICO
For necessary expenses for the United States Section
of the International Boundary and Water Commission,
United States and Mexico, and to comply with laws appli-
cable to the United States Section, including not to exceed
$6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of au-
thorized projects, $6,644,000, to remain available until ex-
pended as authorized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the International
644
Boundary Commission, United States and Canada, as au-
thorized by treaties between the United States and Canada
or Great Britain, and for the Border Environment Coopera-
tion Commission as authorized by Public Law 103–182;
$5,800,000, of which not to exceed $9,000 shall be available
for representation expenses incurred by the International
Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries com-
missions, not otherwise provided for, as authorized by law,
$14,669,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101–246, $5,000,000, to remain
available until expended as authorized by 22 U.S.C.
2696(c).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for
arms control, nonproliferation, and disarmament activities,
$35,700,000, of which not to exceed $50,000 shall be for offi-
cial reception and representation expenses as authorized by
645
the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized
by the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2451 et seq.), the United
States Information and Educational Exchange Act of 1948,
as amended (22 U.S.C. 1431 et seq.) and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out inter-
national communication, educational and cultural activi-
ties; and to carry out related activities authorized by law,
including employment, without regard to civil service and
classification laws, of persons on a temporary basis (not
to exceed $700,000 of this appropriation), as authorized by
22 U.S.C. 1471, and entertainment, including official re-
ceptions, within the United States, not to exceed $25,000
as authorized by 22 U.S.C. 1474(3); $445,645,000: Pro-
vided, That not to exceed $1,400,000 may be used for rep-
resentation abroad as authorized by 22 U.S.C. 1452 and
4085: Provided further, That not to exceed $7,615,000 to
remain available until expended, may be credited to this
appropriation from fees or other payments received from
or in connection with English teaching, library, motion pic-
646
tures, and publication programs as authorized by section
810 of the United States Information and Educational Ex-
change Act of 1948, as amended: Provided further, That not
to exceed $1,700,000 to remain available until expended
may be used to carry out projects involving security con-
struction and related improvements for agency facilities not
physically located together with Department of State facili-
ties abroad.
TECHNOLOGY FUND
For expenses necessary to enable the United States In-
formation Agency to provide for the procurement of infor-
mation technology improvements, as authorized by the
United States Information and Educational Exchange Act
of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amend-
ed (22 U.S.C. 2451 et seq.), and Reorganization Plan No.
2 of 1977 (91 Stat. 1636), $5,050,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange pro-
grams, as authorized by the Mutual Educational and Cul-
tural Exchange Act of 1961, as amended (22 U.S.C. 2451
et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.
1636), $200,000,000, to remain available until expended as
authorized by 22 U.S.C. 2455: Provided, That $1,800,000
of this amount shall be available for the Mike Mansfield
647
Fellowship Program as authorized by section 252 of Public
Law 103–236.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange Fel-
lowships, Incorporated, as authorized by sections 4 and 5
of the Eisenhower Exchange Fellowship Act of 1990 (20
U.S.C. 5204–05), all interest and earnings accruing to the
Eisenhower Exchange Fellowship Program Trust Fund on
or before September 30, 1996, to remain available until ex-
pended: Provided, That none of the funds appropriated
herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the pay-
ment thereof, in excess of the rate authorized by 5 U.S.C.
5376; or for purposes which are not in accordance with
OMB Circulars A–110 (Uniform Administrative Require-
ments) and A–122 (Cost Principles for Non-profit Organi-
zations), including the restrictions on compensation for per-
sonal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the Is-
raeli Arab Scholarship Fund on or before September 30,
1996, to remain available until expended.
648
AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND
For necessary expenses of American Studies Collections
as authorized by section 235 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995, all interest
and earnings accruing to the American Studies Collections
Endowment Fund on or before September 30, 1996, to re-
main available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States In-
formation Agency, as authorized by the United States Infor-
mation and Educational Exchange Act of 1948, as amend-
ed, the United States International Broadcasting Act of
1994, as amended, and Reorganization Plan No. 2 of 1977,
to carry out international communication activities;
$325,191,000, of which $5,000,000 shall remain available
until expended, not to exceed $16,000 may be used for offi-
cial receptions within the United States as authorized by
22 U.S.C. 1474(3), not to exceed $35,000 may be used for
representation abroad as authorized by 22 U.S.C. 1452 and
4085, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Eu-
rope/Radio Liberty; and in addition, not to exceed $250,000
from fees as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948, as
amended, to remain available until expended for carrying
out authorized purposes; and in addition, notwithstanding
649
any other provision of law, not to exceed $1,000,000 in
monies received (including receipts from advertising, if
any) by or for the use of the United States Information
Agency from or in connection with broadcasting resources
owned by or on behalf of the Agency, to be available until
expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States In-
formation Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994, in-
cluding the purchase, rent, construction, and improvement
of facilities for radio and television transmission and recep-
tion, and purchase and installation of necessary equipment
for radio and television transmission and reception,
$24,809,000 to remain available until expended: Provided,
That not later than April 1, 1996, the headquarters of the
Office of Cuba Broadcasting shall be relocated from Wash-
ington, D.C. to south Florida, and that any funds available
under the headings ‘‘International Broadcasting Oper-
ations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construc-
tion’’ may be available to carry out this relocation.
RADIO CONSTRUCTION
For an additional amount for the purchase, rent, con-
struction, and improvement of facilities for radio trans-
mission and reception and purchase and installation of nec-
650
essary equipment for radio and television transmission and
reception as authorized by 22 U.S.C. 1471, $40,000,000, to
remain available until expended as authorized by 22 U.S.C.
1477b(a).
EAST-WEST CENTER
To enable the Director of the United States Informa-
tion Agency to provide for carrying out the provisions of
the Center for Cultural and Technical Interchange Between
East and West Act of 1960 (22 U.S.C. 2054–2057), by grant
to the Center for Cultural and Technical Interchange Be-
tween East and West in the State of Hawaii, $11,750,000:
Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract pro-
viding for the payment thereof, in excess of the rate author-
ized by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Informa-
tion Agency to provide for carrying out the provisions of
the North/South Center Act of 1991 (22 U.S.C. 2075), by
grant to an educational institution in Florida known as
the North/South Center, $2,000,000, to remain available
until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information
Agency to the National Endowment for Democracy as au-
651
thorized by the National Endowment for Democracy Act,
$30,000,000, to remain available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND
RELATED AGENCIES
SEC. 401. Funds appropriated under this title shall
be available, except as otherwise provided, for allowances
and differentials as authorized by subchapter 59 of 5
U.S.C.; for services as authorized by 5 U.S.C. 3109; and
hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of State in this Act may be transferred between such
appropriations, but no such appropriation, except as other-
wise specifically provided, shall be increased by more than
10 percent by any such transfers: Provided, That not to ex-
ceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agen-
cy in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise spe-
cifically provided, shall be increased by more than 10 per-
cent by any such transfers: Provided further, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
652
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SEC. 403. Funds appropriated or otherwise made
available under this Act or any other Act may be expended
for compensation of the United States Commissioner of the
International Boundary Commission, United States and
Canada, only for actual hours worked by such Commis-
sioner.
SEC. 404. (a) No later than 90 days after enactment
of legislation consolidating, reorganizing or downsizing the
functions of the Department of State, the United States In-
formation Agency, and the Arms Control and Disarmament
Agency, the Secretary of State, the Director of the United
States Information Agency and the Director of the Arms
Control and Disarmament Agency shall submit to the Com-
mittees on Appropriations of the House and the Senate a
proposal for transferring or rescinding funds appropriated
herein for functions that are consolidated, reorganized or
downsized under such legislation: Provided, That such plan
shall be transmitted in accordance with section 605 of this
Act.
(b) The Secretary of State, the Director of the United
States Information Agency, and the Director of the Arms
Control and Disarmament Agency, as appropriate, may use
any available funds to cover the costs of actions to consoli-
653
date, reorganize or downsize the functions under their au-
thority required by such legislation, and of any related per-
sonnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority
to transfer funds between appropriations accounts that may
be necessary to carry out this section is provided in addi-
tion to authorities included under section 402 of this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set
forth in that section.
SEC. 405. Funds appropriated by this Act for the
United States Information Agency, the Arms Control and
Disarmament Agency, and the Department of State may
be obligated and expended notwithstanding section 701 of
the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995, section 53 of
the Arms Control and Disarmament Act, and section 15
of the State Department Basic Authorities Act of 1956.
SEC. 406. Section 36(a)(1) of the State Department
Authorities Act of 1956, as amended (22 U.S.C. 2708), is
amended to delete ‘‘may pay a reward’’ and insert in lieu
654
thereof ‘‘shall establish and publicize a program under
which rewards may be paid’’.
SEC. 407. Section 8 of the Eisenhower Exchange Fel-
lowship Act of 1990 is amended in the last sentence by strik-
ing ‘‘fiscal year 1995’’ and inserting ‘‘fiscal year 1999’’.
SEC. 408. Sections 6(a) and 6(b) of Public Law 101–
454 are repealed. In addition, notwithstanding any other
provision of law, Eisenhower Exchange Fellowships, Incor-
porated, may use one-third of any earned but unused trust
income from the period 1992 through 1995 for Fellowship
purposes in each of fiscal years 1996–1998.
SEC. 409. It is the sense of the Senate that none of
the funds appropriated or otherwise made available pursu-
ant to this Act should be used for the deployment of combat-
equipped forces of the Armed Forces of the United States
for any ground operations in Bosnia and Herzegovina un-
less—
(1) Congress approves in advance the deployment
of such forces of the Armed Forces; or
(2) the temporary deployment of such forces of
the Armed Forces of the United States into Bosnia
and Herzegovina is necessary to evacuate United Na-
tions peacekeeping forces from a situation of immi-
nent danger, to undertake emergency air rescue oper-
ations, or to provide for the airborne delivery of hu-
655
manitarian supplies, and the President reports as
soon as practicable to Congress after the initiation of
the temporary deployment, but in no case later than
48 hours after the initiation of the deployment.
SEC. 410. Any costs incurred by a Department or
agency funded under this title resulting from personnel ac-
tions taken in response to funding reductions included in
this title shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision
is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 411. Section 235 of the Foreign Relations Author-
ization Act, Fiscal Years 1990 and 1991 (Public Law 101–
246) is amended by inserting ‘‘Tinian,’’ after ‘‘Sao Tome,’’.
This title may be cited as the ‘‘Department of State
and Related Agencies Appropriations Act, 1996’’.
656
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-
differential subsidies as authorized by the Merchant Marine
Act, 1936, as amended, $162,610,000, to remain available
until expended.
MARITIME NATIONAL SECURITY PROGRAM
For necessary expenses to maintain and preserve a
U.S.-flag merchant fleet to serve the national security needs
of the United States as determined by the Secretary of De-
fense in consultation with the Secretary of Transportation,
$46,000,000, to remain available until expended: Provided,
That these funds will be available only upon enactment of
an authorization for this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $66,600,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Transportation may use
proceeds derived from the sale or disposal of National De-
fense Reserve Fleet vessels that are currently collected and
retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair,
657
conversion, acquisition of equipment, and fuel costs nec-
essary to maintain training at the United States Merchant
Marine Academy and State maritime academies and may
be transferred to the Secretary of the Interior for use as
provided in the National Maritime Heritage Act (Public
Law 103–451): Provided further, That reimbursements may
be made to this appropriation from receipts to the ‘‘Federal
Ship Financing Fund’’ for administrative expenses in sup-
port of that program in addition to any amount heretofore
appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act of 1936, $40,000,000, to remain
available until expended: Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out
the guaranteed loan program, not to exceed $3,500,000,
which shall be transferred to and merged with the appro-
priation for Operations and Training.
658
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration,
and payments received therefor shall be credited to the ap-
propriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occu-
pancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fis-
cal year from the construction fund established by the Mer-
chant Marine Act, 1936, or otherwise, in excess of the ap-
propriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which other-
wise would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $206,000, as authorized by
Public Law 99–83, section 1303.
659
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights, including hire of passenger motor vehicles,
$8,750,000: Provided, That not to exceed $50,000 may be
used to employ consultants: Provided further, That none of
the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Sched-
ule C of the Excepted Service exclusive of one special assist-
ant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days,
with the exception of the Chairperson who is permitted 125
billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immi-
gration Reform pursuant to section 141(f) of the Immigra-
tion Act of 1990, $1,894,000, to remain available until ex-
pended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security
and Cooperation in Europe, as authorized by Public Law
660
94–304, $1,090,000, to remain available until expended as
authorized by section 3 of Public Law 99–7.
COMPETITIVENESS POLICY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the Competitiveness Policy
Council, $100,000.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Op-
portunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
and 621–634), the Americans with Disabilities Act of 1990
and the Civil Rights Act of 1991, including services as au-
thorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); nonmonetary awards
to private citizens; not to exceed $26,500,000, for payments
to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act
of 1964, as amended, sections 6 and 14 of the Age Discrimi-
nation in Employment Act, the Americans with Disabilities
Act of 1990, and the Civil Rights Act of 1991; $233,000,000:
Provided, That the Commission is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from available funds.
661
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901–02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair
to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen)
and hire of motor vehicles; special counsel fees; and services
as authorized by 5 U.S.C. 3109; $195,709,000, of which not
to exceed $300,000 shall remain available until September
30, 1997, for research and policy studies: Provided, That
$136,400,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the Communica-
tions Act of 1934, as amended, and shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 1996 so as to re-
sult in a final fiscal year 1996 appropriation estimated at
$59,309,000: Provided further, That any offsetting collec-
tions received in excess of $136,400,000 in fiscal year 1996
shall remain available until expended, but shall not be
available for obligation until October 1, 1996: Provided fur-
662
ther, That the Commission shall amend its schedule of regu-
latory fees set forth in section 1.1153 of title 47, CFR, au-
thorized by section 9 of title I of the Communications Act
of 1934, as amended by: (1) striking ‘‘$22,420’’ in the An-
nual Regulatory Fee column for VHF Commercial Markets
1 through 10 and inserting ‘‘$32,000’’; (2) striking
‘‘$19,925’’ in the Annual Regulatory Fee column for VHF
Commercial Markets 11 through 25 and inserting
‘‘$26,000’’; (3) striking ‘‘$14,950’’ in the Annual Regu-
latory Fee column for VHF Commercial Markets 26 through
50 and inserting ‘‘$17,000’’; (4) striking ‘‘$9,975’’ in the
Annual Regulatory Fee column for VHF Commercial Mar-
kets 51 through 100 and inserting ‘‘$9,000’’; (5) striking
‘‘$6,225’’ in the Annual Regulatory Fee column for VHF
Commercial Remaining Markets and inserting ‘‘$2,500’’;
and (6) striking ‘‘$17,925’’ in the Annual Regulatory Fee
column for UHF Commercial Markets 1 through 10 and
inserting ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in the Annual
Regulatory Fee column for UHF Commercial Markets 11
through 25 and inserting ‘‘$20,000’’; (8) striking ‘‘$11,950’’
in the Annual Regulatory Fee column for UHF Commercial
Markets 26 through 50 and inserting ‘‘$13,000’’; (9) strik-
ing ‘‘$7,975’’ in the Annual Regulatory Fee column for
UHF Commercial Markets 51 through 100 and inserting
‘‘$7,000’’; and (10) striking ‘‘$4,975’’ in the Annual Regu-
663
latory Fee column for UHF Commercial Remaining Mar-
kets and inserting ‘‘$2,000’’: Provided further, That the
FCC shall pay the travel-related expenses of the Federal-
State Joint Board on Universal Service for those activities
described in the Telecommunications Act of 1996 (47 U.S.C.
254(a)(1)).
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant
Marine Act of 1936, as amended (46 App. U.S.C. 1111),
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–02; $14,855,000: Provided, That not to
exceed $2,000 shall be available for official reception and
representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commis-
sion, including uniforms or allowances therefor, as author-
ized by 5 U.S.C. 5901–5902; services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; and not to
exceed $2,000 for official reception and representation ex-
penses; $79,568,000: Provided, That not to exceed $300,000
664
shall be available for use to contract with a person or per-
sons for collection services in accordance with the terms of
31 U.S.C. 3718, as amended: Provided further, That not-
withstanding any other provision of law, not to exceed
$48,262,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1996,
so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than
$31,306,000, to remain available until expended: Provided
further, That any fees received in excess of $48,262,000 in
fiscal year 1996 shall remain available until expended, but
shall not be available for obligation until October 1, 1996:
Provided further, That none of the funds made available
to the Federal Trade Commission shall be available for obli-
gation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991
(Public Law 102–242, 105 Stat. 2282–2285).
665
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
For expenses of the Japan-United States Friendship
Commission, as authorized by Public Law 94–118, as
amended, from the interest earned on the Japan-United
States Friendship Trust Fund, $1,247,000; and an amount
of Japanese currency not to exceed the equivalent of
$1,420,000 based on exchange rates at the time of payment
of such amounts as authorized by Public Law 94–118.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the purposes of the Legal Services Corporation
Act of 1974, as amended, $300,000,000, of which
$290,750,000 is for basic field programs and required inde-
pendent audits carried out in accordance with section 509;
$250,000 is for a payment to an opposing party for attor-
ney’s fees and expenses relating to civil actions named In
the Matter of Baby Boy Doe, and Doe v. Roe and Indian
tribe, with docket numbers 19512 and 21723 (Idaho Feb-
ruary 23, 1996); $1,500,000 is for the Office of the Inspector
General, of which such amounts as may be necessary may
be used to conduct additional audits of recipients in accord-
ance with section 509 of this Act; and $7,500,000 is for
management 
and 
administration: 
Provided, 
That
666
$198,750,000 of the total amount provided under this head-
ing for basic field programs shall not be available except
for the competitive award of grants and contracts under
section 503 of this Act.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 501. (a) Funds appropriated under this Act to
the Legal Services Corporation for basic field programs
shall be distributed as follows:
(1) The Corporation shall define geographic
areas and make the funds available for each geo-
graphic area on a per capita basis relative to the
number of individuals in poverty determined by the
Bureau of the Census to be within the geographic
area, except as provided in paragraph (2)(B). Funds
for such a geographic area may be distributed by the
Corporation to 1 or more persons or entities eligible
for funding under section 1006(a)(1)(A) of the Legal
Services Corporation Act (42 U.S.C. 2996e(a)(1)(A)),
subject to sections 502 and 504.
(2) Funds for grants from the Corporation, and
contracts entered into by the Corporation for basic
field programs, shall be allocated so as to provide—
(A) except as provided in subparagraph
(B), an equal figure per individual in poverty
for all geographic areas, as determined on the
667
basis of the most recent decennial census of popu-
lation conducted pursuant to section 141 of title
13, United States Code (or, in the case of the Re-
public of Palau, the Federated States of Microne-
sia, the Republic of the Marshall Islands, Alaska,
Hawaii, and the United States Virgin Islands,
on the basis of the adjusted population counts
historically used as the basis for such determina-
tions); and
(B) an additional amount for Native Amer-
ican communities that received assistance under
the Legal Services Corporation Act for fiscal
year 1995, so that the proportion of the funds
appropriated to the Legal Services Corporation
for basic field programs for fiscal year 1996 that
is received by the Native American communities
shall be not less than the proportion of such
funds appropriated for fiscal year 1995 that was
received by the Native American communities.
(b) As used in this section:
(1) The term ‘‘individual in poverty’’ means an
individual who is a member of a family (of 1 or more
members) with an income at or below the poverty
line.
668
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of the
size involved.
SEC. 502. None of the funds appropriated in this Act
to the Legal Services Corporation shall be used by the Cor-
poration to make a grant, or enter into a contract, for the
provision of legal assistance unless the Corporation ensures
that the person or entity receiving funding to provide such
legal assistance is—
(1) a private attorney admitted to practice in a
State or the District of Columbia;
(2) a qualified nonprofit organization, chartered
under the laws of a State or the District of Columbia,
that—
(A) furnishes legal assistance to eligible cli-
ents; and
(B) is governed by a board of directors or
other governing body, the majority of which is
comprised of attorneys who—
(i) are admitted to practice in a State
or the District of Columbia; and
669
(ii) are appointed to terms of office on
such board or body by the governing body of
a State, county, or municipal bar associa-
tion, the membership of which represents a
majority of the attorneys practicing law in
the locality in which the organization is to
provide legal assistance;
(3) a State or local government (without regard
to section 1006(a)(1)(A)(ii) of the Legal Services Cor-
poration Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination
agency that serves a substate area and whose govern-
ing board is controlled by locally elected officials.
SEC. 503. (a)(1) Not later than April 1, 1996, the
Legal Services Corporation shall implement a system of
competitive awards of grants and contracts for all basic
field programs, which shall apply to all such grants and
contracts awarded by the Corporation after March 31, 1996,
from funds appropriated in this Act.
(2) Any grant or contract awarded before April 1,
1996, by the Legal Services Corporation to a basic field pro-
gram for 1996—
(A) shall not be for an amount greater than the
amount required for the period ending March 31,
1996;
670
(B) shall terminate at the end of such period;
and
(C) shall not be renewable except in accordance
with the system implemented under paragraph (1).
(3) The amount of grants and contracts awarded before
April 1, 1996, by the Legal Services Corporation for basic
field programs for 1996 in any geographic area described
in section 501 shall not exceed an amount equal to 3⁄12 of
the total amount to be distributed for such programs for
1996 in such area.
(b) Not later than 60 days after the date of enactment
of this Act, the Legal Services Corporation shall promulgate
regulations to implement a competitive selection process for
the recipients of such grants and contracts.
(c) Such regulations shall specify selection criteria for
the recipients, which shall include—
(1) a demonstration of a full understanding of
the basic legal needs of the eligible clients to be served
and a demonstration of the capability of serving the
needs;
(2) the quality, feasibility, and cost effectiveness
of a plan submitted by an applicant for the delivery
of legal assistance to the eligible clients to be served;
and
671
(3) the experience of the Legal Services Corpora-
tion with the applicant, if the applicant has pre-
viously received financial assistance from the Cor-
poration, including the record of the applicant of past
compliance with Corporation policies, practices, and
restrictions.
(d) Such regulations shall ensure that timely notice
regarding an opportunity to submit an application for such
an award is published in periodicals of local and State bar
associations and in at least 1 daily newspaper of general
circulation in the area to be served by the person or entity
receiving the award.
(e) No person or entity that was previously awarded
a grant or contract by the Legal Services Corporation for
the provision of legal assistance may be given any pref-
erence in the competitive selection process.
(f) For the purposes of the funding provided in this
Act, rights under sections 1007(a)(9) and 1011 of the Legal
Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42
U.S.C. 2996j) shall not apply.
SEC. 504. (a) None of the funds appropriated in this
Act to the Legal Services Corporation may be used to pro-
vide financial assistance to any person or entity (which
may be referred to in this section as a ‘‘recipient’’)—
672
(1) that makes available any funds, personnel, or
equipment for use in advocating or opposing any
plan or proposal, or represents any party or partici-
pates in any other way in litigation, that is intended
to or has the effect of altering, revising, or reappor-
tioning a legislative, judicial, or elective district at
any level of government, including influencing the
timing or manner of the taking of a census;
(2) that attempts to influence the issuance,
amendment, or revocation of any executive order, reg-
ulation, or other statement of general applicability
and future effect by any Federal, State, or local agen-
cy;
(3) that attempts to influence any part of any
adjudicatory proceeding of any Federal, State, or
local agency if such part of the proceeding is designed
for the formulation or modification of any agency
policy of general applicability and future effect;
(4) that attempts to influence the passage or de-
feat of any legislation, constitutional amendment, ref-
erendum, initiative, or any similar procedure of the
Congress or a State or local legislative body;
(5) that attempts to influence the conduct of
oversight proceedings of the Corporation or any per-
673
son or entity receiving financial assistance provided
by the Corporation;
(6) that pays for any personal service, advertise-
ment, telegram, telephone communication, letter,
printed or written matter, administrative expense, or
related expense, associated with an activity prohibited
in this section;
(7) that initiates or participates in a class ac-
tion suit;
(8) that files a complaint or otherwise initiates
or participates in litigation against a defendant, or
engages in a precomplaint settlement negotiation with
a prospective defendant, unless—
(A) each plaintiff has been specifically iden-
tified, by name, in any complaint filed for pur-
poses of such litigation or prior to the
precomplaint settlement negotiation; and
(B) a statement or statements of facts writ-
ten in English and, if necessary, in a language
that the plaintiffs understand, that enumerate
the particular facts known to the plaintiffs on
which the complaint is based, have been signed
by the plaintiffs, are kept on file by the recipi-
ent, and are made available to any Federal de-
partment or agency that is auditing or monitor-
674
ing the activities of the Corporation or of the re-
cipient, and to any auditor or monitor receiving
Federal funds to conduct such auditing or mon-
itoring, including any auditor or monitor of the
Corporation:
Provided, That upon establishment of reasonable
cause that an injunction is necessary to prevent prob-
able, serious harm to such potential plaintiff, a court
of competent jurisdiction may enjoin the disclosure of
the identity of any potential plaintiff pending the
outcome of such litigation or negotiations after notice
and an opportunity for a hearing is provided to po-
tential parties to the litigation or the negotiations:
Provided further, That other parties to the litigation
or negotiation shall have access to the statement of
facts referred to in subparagraph (B) only through
the discovery process after litigation has begun;
(9) unless—
(A) prior to the provision of financial as-
sistance—
(i) if the person or entity is a non-
profit organization, the governing board of
the person or entity has set specific prior-
ities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Cor-
675
poration Act (42 U.S.C. 2996f(a)(2)(C)(i)),
of the types of matters and cases to which
the staff of the nonprofit organization shall
devote time and resources; and
(ii) the staff of such person or entity
has signed a written agreement not to un-
dertake cases or matters other than in ac-
cordance with the specific priorities set by
such governing board, except in emergency
situations defined by such board and in ac-
cordance with the written procedures of
such board for such situations; and
(B) the staff of such person or entity pro-
vides to the governing board on a quarterly
basis, and to the Corporation on an annual
basis, information on all cases or matters under-
taken other than cases or matters undertaken in
accordance with such priorities;
(10) unless—
(A) prior to receiving the financial assist-
ance, such person or entity agrees to maintain
records of time spent on each case or matter with
respect to which the person or entity is engaged;
(B) any funds, including Interest on Law-
yers Trust Account funds, received from a source
676
other than the Corporation by the person or en-
tity, and disbursements of such funds, are ac-
counted for and reported as receipts and dis-
bursements, respectively, separate and distinct
from Corporation funds; and
(C) the person or entity agrees (notwith-
standing section 1006(b)(3) of the Legal Services
Corporation Act (42 U.S.C. 2996e(b)(3)) to make
the records described in this paragraph available
to any Federal department or agency that is au-
diting or monitoring the activities of the Cor-
poration or of the recipient, and to any inde-
pendent auditor or monitor receiving Federal
funds to conduct such auditing or monitoring,
including any auditor or monitor of the Cor-
poration;
(11) that provides legal assistance for or on be-
half of any alien, unless the alien is present in the
United States and is—
(A) an alien lawfully admitted for perma-
nent residence as defined in section 101(a)(20) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(20));
(B) an alien who—
677
(i) is married to a United States citi-
zen or is a parent or an unmarried child
under the age of 21 years of such a citizen;
and
(ii) has filed an application to adjust
the status of the alien to the status of a law-
ful permanent resident under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et
seq.), which application has not been re-
jected;
(C) an alien who is lawfully present in the
United States pursuant to an admission under
section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) (relating to refugee admis-
sion) or who has been granted asylum by the At-
torney General under such Act;
(D) an alien who is lawfully present in the
United States as a result of withholding of de-
portation by the Attorney General pursuant to
section 243(h) of the Immigration and National-
ity Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Im-
migration Reform and Control Act of 1986 (8
U.S.C. 1101 note) applies, but only to the extent
678
that the legal assistance provided is the legal as-
sistance described in such section; or
(F) an alien who is lawfully present in the
United States as a result of being granted condi-
tional entry to the United States before April 1,
1980, pursuant to section 203(a)(7) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C.
1153(a)(7)), as in effect on March 31, 1980, be-
cause of persecution or fear of persecution on ac-
count of race, religion, or political calamity;
(12) that supports or conducts a training pro-
gram for the purpose of advocating a particular pub-
lic policy or encouraging a political activity, a labor
or antilabor activity, a boycott, picketing, a strike, or
a demonstration, including the dissemination of in-
formation about such a policy or activity, except that
this paragraph shall not be construed to prohibit the
provision of training to an attorney or a paralegal to
prepare the attorney or paralegal to provide—
(A) adequate legal assistance to eligible cli-
ents; or
(B) advice to any eligible client as to the
legal rights of the client;
(13) that claims (or whose employee claims), or
collects and retains, attorneys’ fees pursuant to any
679
Federal or State law permitting or requiring the
awarding of such fees;
(14) that participates in any litigation with re-
spect to abortion;
(15) that participates in any litigation on behalf
of a person incarcerated in a Federal, State, or local
prison;
(16) that initiates legal representation or par-
ticipates in any other way, in litigation, lobbying, or
rulemaking, involving an effort to reform a Federal or
State welfare system, except that this paragraph shall
not be construed to preclude a recipient from rep-
resenting an individual eligible client who is seeking
specific relief from a welfare agency if such relief does
not involve an effort to amend or otherwise challenge
existing law in effect on the date of the initiation of
the representation;
(17) that defends a person in a proceeding to
evict the person from a public housing project if—
(A) the person has been charged with the il-
legal sale or distribution of a controlled sub-
stance; and
(B) the eviction proceeding is brought by a
public housing agency because the illegal drug
activity of the person threatens the health or
680
safety of another tenant residing in the public
housing project or employee of the public housing
agency;
(18) unless such person or entity agrees that the
person or entity, and the employees of the person or
entity, will not accept employment resulting from in-
person unsolicited advice to a nonattorney that such
nonattorney should obtain counsel or take legal ac-
tion, and will not refer such nonattorney to another
person or entity or an employee of the person or en-
tity, that is receiving financial assistance provided by
the Corporation; or
(19) unless such person or entity enters into a
contractual agreement to be subject to all provisions
of Federal law relating to the proper use of Federal
funds, the violation of which shall render any grant
or contractual agreement to provide funding null and
void, and, for such purposes, the Corporation shall be
considered to be a Federal agency and all funds pro-
vided by the Corporation shall be considered to be
Federal funds provided by grant or contract.
(b) Nothing in this section shall be construed to pro-
hibit a recipient from using funds from a source other than
the Legal Services Corporation for the purpose of contact-
ing, communicating with, or responding to a request from,
681
a State or local government agency, a State or local legisla-
tive body or committee, or a member thereof, regarding
funding for the recipient, including a pending or proposed
legislative or agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment
of this Act, the Legal Services Corporation shall promulgate
a suggested list of priorities that boards of directors may
use in setting priorities under subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept
any non-Federal funds, and no recipient shall accept funds
from any source other than the Corporation, unless the Cor-
poration or the recipient, as the case may be, notifies in
writing the source of the funds that the funds may not be
expended for any purpose prohibited by the Legal Services
Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient from—
(A) receiving Indian tribal funds (including
funds from private nonprofit organizations for the
benefit of Indians or Indian tribes) and expending the
tribal funds in accordance with the specific purposes
for which the tribal funds are provided; or
(B) using funds received from a source other
than the Legal Services Corporation to provide legal
assistance to a covered individual if such funds are
used for the specific purposes for which such funds
682
were received, except that such funds may not be ex-
pended by recipients for any purpose prohibited by
this Act or by the Legal Services Corporation Act.
(e) Nothing in this section shall be construed to pro-
hibit a recipient from using funds derived from a source
other than the Legal Services Corporation to comment on
public rulemaking or to respond to a written request for
information or testimony from a Federal, State or local
agency, legislative body or committee, or a member of such
an agency, body, or committee, so long as the response is
made only to the parties that make the request and the re-
cipient does not arrange for the request to be made.
(f) As used in this section:
(1) The term ‘‘controlled substance’’ has the
meaning given the term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
(2) The term ‘‘covered individual’’ means any
person who—
(A) except as provided in subparagraph
(B), meets the requirements of this Act and the
Legal Services Corporation Act relating to eligi-
bility for legal assistance; and
(B) may or may not be financially unable
to afford legal assistance.
683
(3) The term ‘‘public housing project’’ has the
meaning as used within, and the term ‘‘public hous-
ing agency’’ has the meaning given the term, in sec-
tion 3 of the United States Housing Act of 1937 (42
U.S.C. 1437a).
SEC. 505. None of the funds appropriated in this Act
to the Legal Services Corporation or provided by the Cor-
poration to any entity or person may be used to pay mem-
bership dues to any private or nonprofit organization.
SEC. 506. None of the funds appropriated in this Act
to the Legal Services Corporation may be used by any per-
son or entity receiving financial assistance from the Cor-
poration to file or pursue a lawsuit against the Corpora-
tion.
SEC. 507. None of the funds appropriated in this Act
to the Legal Services Corporation may be used for any pur-
pose prohibited or contrary to any of the provisions of au-
thorization legislation for fiscal year 1996 for the Legal
Services Corporation that is enacted into law. Upon the en-
actment of such Legal Services Corporation reauthorization
legislation, funding provided in this Act shall from that
date be subject to the provisions of that legislation and any
provisions in this Act that are inconsistent with that legis-
lation shall no longer have effect.
684
SEC. 508. (a) The requirements of section 504 shall
apply to the activities of a recipient described in section
504, or an employee of such a recipient, during the provi-
sion of legal assistance for a case or matter, if the recipient
or employee begins to provide the legal assistance on or after
the date of enactment of this Act.
(b) If the recipient or employee began to provide legal
assistance for the case or matter prior to the date of enact-
ment of this Act—
(1) each of the requirements of section 504 (other
than paragraphs (7), (11), and (15) of subsection (a)
of such section) shall, beginning on the date of enact-
ment of this Act, apply to the activities of the recipi-
ent or employee during the provision of legal assist-
ance for the case or matter; and
(2) the requirements of paragraphs (7), (11), and
(15) of section 504(a) shall apply—
(A) beginning on the date of enactment of
this Act, to the activities of the recipient or em-
ployee during the provision of legal assistance
for any additional related claim for which the
recipient or employee begins to provide legal as-
sistance on or after such date; and
(B) beginning July 1, 1996, to all other ac-
tivities of the recipient or employee during the
685
provision of legal assistance for the case or mat-
ter.
(c) The Legal Services Corporation shall, every 60
days, submit to the Committees on Appropriations of the
Senate and House of Representatives a report setting forth
the status of cases and matters referred to in subsection
(b)(2).
SEC. 509. (a) An audit of each person or entity receiv-
ing financial assistance from the Legal Services Corpora-
tion under this Act (referred to in this section as a ‘‘recipi-
ent’’) shall be conducted in accordance with generally ac-
cepted government auditing standards and guidance estab-
lished by the Office of the Inspector General and shall report
whether—
(1) the financial statements of the recipient
present fairly its financial position and the results of
its financial operations in accordance with generally
accepted accounting principles;
(2) the recipient has internal control systems to
provide reasonable assurance that it is managing
funds, regardless of source, in compliance with Fed-
eral laws and regulations; and
(3) the recipient has complied with Federal laws
and regulations applicable to funds received, regard-
less of source.
686
(b) In carrying out the requirements of subsection
(a)(3), the auditor shall select and test a representative
number of transactions and report all instances of non-
compliance to the recipient. The recipient shall report any
noncompliance found by the auditor during the audit under
this section within 5 calendar days to the Office of the In-
spector General. If the recipient fails to report the non-
compliance, the auditor shall report the noncompliance di-
rectly to the Office of the Inspector General within 5 cal-
endar days of the recipient’s failure to report.
(c) The audits required under this section shall be pro-
vided for by the recipients and performed by independent
public accountants. The cost of such audits shall be shared
on a pro rata basis among all of the recipient’s funding
providers and the appropriate share shall be an allowable
charge to the Federal funds provided by the Legal Services
Corporation. No audit costs may be charged to the Federal
funds when the audit required by this section has not been
made in accordance with the guidance promulgated by the
Office of the Inspector General.
If the recipient fails to have an acceptable audit in
accordance with the guidance promulgated by the Office of
the Inspector General, the following sanctions shall be avail-
able to the Corporation as recommended by the Office of
the Inspector General:
687
(1) the withholding of a percentage of the recipi-
ent’s funding until the audit is completed satisfac-
torily.
(2) the suspension of recipient’s funding until an
acceptable audit is completed.
(d) The Office of the Inspector General may remove,
suspend, or bar an independent public accountant, upon
a showing of good cause, from performing audit services re-
quired by this section. The Office of the Inspector General
shall develop and issue rules of practice to implement this
paragraph.
(e) Any independent public accountant performing an
audit under this section who subsequently ceases to be the
accountant for the recipient shall promptly notify the Office
of the Inspector General pursuant to such rules as the Office
of the Inspector General shall prescribe.
(f) Audits conducted in accordance with this section
shall be in lieu of the financial audits otherwise required
by section 1009(c) of the Legal Services Corporation Act
(42 U.S.C. 2996h(c)).
(g) The Office of the Inspector General is authorized
to conduct on-site monitoring, audits, and inspections in
accordance with Federal standards.
(h) Notwithstanding section 1006(b)(3) of the Legal
Services Corporation Act (42 U.S.C. 2996e(b)(3)), financial
688
records, time records, retainer agreements, client trust fund
and eligibility records, and client names, for each recipient
shall be made available to any auditor or monitor of the
recipient, including any Federal department or agency that
is auditing or monitoring the activities of the Corporation
or of the recipient, and any independent auditor or monitor
receiving Federal funds to conduct such auditing or mon-
itoring, including any auditor or monitor of the Corpora-
tion, except for reports or records subject to the attorney-
client privilege.
(i) The Legal Services Corporation shall not disclose
any name or document referred to in subsection (h), except
to—
(1) a Federal, State, or local law enforcement of-
ficial; or
(2) an official of an appropriate bar association
for the purpose of enabling the official to conduct an
investigation of a rule of professional conduct.
(j) The recipient management shall be responsible for
expeditiously resolving all reported audit reportable condi-
tions, findings, and recommendations, including those of
sub-recipients.
(k) The Legal Services Corporation shall—
(1) Follow up on significant reportable condi-
tions, findings, and recommendations found by the
689
independent public accountants and reported to Cor-
poration management by the Office of the Inspector
General to ensure that instances of deficiencies and
noncompliance are resolved in a timely manner, and
(2) Develop procedures to ensure effective follow-
up that meet at a minimum the requirements of Of-
fice of Management and Budget Circular Number A–
50.
(l) The requirements of this section shall apply to a
recipient for its first fiscal year beginning on or after Janu-
ary 1, 1996.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,190,000.
MARTIN LUTHER KING, JR. FEDERAL HOLIDAY
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Martin Luther King, Jr.
Federal Holiday Commission, as authorized by Public Law
98–399, as amended, $350,000: Provided, That this shall
be the final Federal payment to the Martin Luther King,
Jr. Federal Holiday Commission for operations and nec-
essary closing costs.
690
OUNCE OF PREVENTION COUNCIL
For activities authorized by sections 30101 and 30102
of Public Law 103–322 (including administrative costs),
$1,500,000, to remain available until expended, for the
Ounce of Prevention Grant Program: Provided, That the
Council may accept and use gifts and donations, both real
and personal, for the purpose of aiding or facilitating the
authorized activities of the Council, of which not to exceed
$5,000 may be used for official reception and representation
expenses.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$287,738,000, of which $3,000,000 is for the Office of Eco-
nomic Analysis, to be headed by the Chief Economist of the
Commission, and of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the Inter-
national Organization of Securities Commissions, and of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission
with foreign governmental and other regulatory officials,
691
members of their delegations, appropriate representatives
and staff to exchange views concerning developments relat-
ing to securities matters, development and implementation
of cooperation agreements concerning securities matters and
provision of technical assistance for the development of for-
eign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental
expenses as meals taken in the course of such attendance,
(ii) any travel and transportation to or from such meetings,
and (iii) any other related lodging or subsistence: Provided,
That immediately upon enactment of this Act, the rate of
fees under section 6(b) of the Securities Act of 1933 (15
U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-twenty-ninth of one percentum, and such
increase shall be deposited as an offsetting collection to this
appropriation, to remain available until expended, to re-
cover costs of services of the securities registration process:
Provided further, That the total amount appropriated for
fiscal year 1996 under this heading shall be reduced as such
fees are deposited to this appropriation so as to result in
a final total fiscal year 1996 appropriation from the Gen-
eral Fund estimated at not more than $103,445,000: Pro-
vided further, That any such fees collected in excess of
692
$184,293,000 shall remain available until expended but
shall not be available for obligation until October 1, 1996:
Provided further, That $1,000,000 of the funds appro-
priated for the Commission shall be available for the en-
forcement of the Investment Advisers Act of 1940 in addi-
tion to any other appropriated funds designated by the
Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of
the Small Business Administration as authorized by Public
Law 103–403, including hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344, and not to ex-
ceed $3,500 for official reception and representation ex-
penses, $219,190,000: Provided, That the Administrator is
authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and cer-
tain loan servicing activities: Provided further, That not-
withstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be avail-
able for carrying out these purposes without further appro-
priations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
693
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the
cost of guaranteed loans, $156,226,000, as authorized by 15
U.S.C. 631 note, of which $1,216,000, to be available until
expended, shall be for the Microloan Guarantee Program,
and of which $40,510,000 shall remain available until Sep-
tember 30, 1997: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That during fiscal year 1996, commitments to guaran-
tee loans under section 503 of the Small Business Invest-
ment Act of 1958, as amended, shall not exceed the amount
of financings authorized under section 20(n)(2)(B) of the
Small Business Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $92,622,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $34,432,000, to re-
main available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
694
fined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out
the direct loan program, $71,578,000, which may be trans-
ferred to and merged with the appropriations for Salaries
and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business In-
vestment Act, as amended, $2,530,000, to remain available
without fiscal year limitation as authorized by 15 U.S.C.
631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 510. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred be-
tween such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
695
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by The State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),
$5,000,000 to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
696
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605 (a) None of the funds provided under this
Act, or provided under previous Appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1996, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1996, or provided from any ac-
counts in the Treasury of the United States derived by the
697
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less,
that (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
698
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority
to obligate or expend such funds (1) that the United Nations
undertaking is a peacekeeping mission, (2) that such under-
taking will involve United States Armed Forces under the
command or operational control of a foreign national, and
(3) that the President’s military advisors have not submit-
ted to the President a recommendation that such involve-
ment is in the national security interests of the United
States and the President has not submitted to the Congress
such a recommendation.
699
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion under the heading ‘‘Fleet Modernization, Shipbuilding
and Conversion’’ may be used to implement sections 603,
604, and 605 of Public Law 102–567.
SEC. 613. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any other
program of United States Government television broadcasts
700
to Cuba, when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that such
use would be inconsistent with the applicable provisions of
the March 1995 Office of Cuba Broadcasting Reinventing
Plan of the United States Information Agency.
SEC. 614. (a)(1) Section 5002 of title 18, United States
Code, is repealed.
(2) The table of sections for chapter 401 of title 18,
United States Code, is amended by striking out the item
relating to the Advisory Corrections Council.
(b) This section shall take effect 30 days after the date
of the enactment of this Act.
SEC. 615. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision
is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
701
SEC. 616. Section 201(a) of Public Law 104–99 is re-
pealed.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $65,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this head-
ing, $95,500,000 are rescinded.
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this head-
ing, $7,400,000 are rescinded.
TITLE VIII—PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Re-
form Act of 1995’’.
702
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re-
lief in any civil action with respect to prison condi-
tions shall extend no further than necessary to correct
the violation of the Federal right of a particular
plaintiff or plaintiffs. The court shall not grant or
approve any prospective relief unless the court finds
that such relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal
right, and is the least intrusive means necessary to
correct the violation of the Federal right. The court
shall give substantial weight to any adverse impact
on public safety or the operation of a criminal justice
system caused by the relief.
‘‘(B) The court shall not order any prospective
relief that requires or permits a government official to
exceed his or her authority under State or local law
or otherwise violates State or local law, unless—
‘‘(i) Federal law permits such relief to be
ordered in violation of State or local law;
703
‘‘(ii) the relief is necessary to correct the
violation of a Federal right; and
‘‘(iii) no other relief will correct the viola-
tion of the Federal right.
‘‘(C) Nothing in this section shall be construed to
authorize the courts, in exercising their remedial pow-
ers, to order the construction of prisons or the raising
of taxes, or to repeal or detract from otherwise appli-
cable limitations on the remedial powers of the courts.
‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any
civil action with respect to prison conditions, to the
extent otherwise authorized by law, the court may
enter a temporary restraining order or an order for
preliminary injunctive relief. Preliminary injunctive
relief must be narrowly drawn, extend no further
than necessary to correct the harm the court finds re-
quires preliminary relief, and be the least intrusive
means necessary to correct that harm. The court shall
give substantial weight to any adverse impact on
public safety or the operation of a criminal justice
system caused by the preliminary relief and shall re-
spect the principles of comity set out in paragraph
(1)(B) in tailoring any preliminary relief. Prelimi-
nary injunctive relief shall automatically expire on
the date that is 90 days after its entry, unless the
704
court makes the findings required under subsection
(a)(1) for the entry of prospective relief and makes the
order final before the expiration of the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any
civil action with respect to prison conditions, no pris-
oner release order shall be entered unless—
‘‘(i) a court has previously entered an order
for less intrusive relief that has failed to remedy
the deprivation of the Federal right sought to be
remedied through the prisoner release order; and
‘‘(ii) the defendant has had a reasonable
amount of time to comply with the previous
court orders.
‘‘(B) In any civil action in Federal court with
respect to prison conditions, a prisoner release order
shall be entered only by a three-judge court in accord-
ance with section 2284 of title 28, if the requirements
of subparagraph (E) have been met.
‘‘(C) A party seeking a prisoner release order in
Federal court shall file with any request for such re-
lief, a request for a three-judge court and materials
sufficient to demonstrate that the requirements of sub-
paragraph (A) have been met.
‘‘(D) If the requirements under subparagraph
(A) have been met, a Federal judge before whom a
705
civil action with respect to prison conditions is pend-
ing who believes that a prison release order should be
considered may sua sponte request the convening of a
three-judge court to determine whether a prisoner re-
lease order should be entered.
‘‘(E) The three-judge court shall enter a prisoner
release order only if the court finds by clear and con-
vincing evidence that—
‘‘(i) crowding is the primary cause of the
violation of a Federal right; and
‘‘(ii) no other relief will remedy the viola-
tion of the Federal right.
‘‘(F) Any State or local official or unit of gov-
ernment whose jurisdiction or function includes the
appropriation of funds for the construction, oper-
ation, or maintenance of program facilities, or the
prosecution or custody of persons who may be released
from, or not admitted to, a prison as a result of a
prisoner release order shall have standing to oppose
the imposition or continuation in effect of such relief
and to seek termination of such relief, and shall have
the right to intervene in any proceeding relating to
such relief.
‘‘(b) TERMINATION OF RELIEF.—
706
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—
(A) In any civil action with respect to prison condi-
tions in which prospective relief is ordered, such relief
shall be terminable upon the motion of any party or
intervener—
‘‘(i) 2 years after the date the court granted
or approved the prospective relief;
‘‘(ii) 1 year after the date the court has en-
tered an order denying termination of prospec-
tive relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Litiga-
tion Reform Act, 2 years after such date of en-
actment.
‘‘(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
before the relief is terminated under subparagraph
(A).
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE
RELIEF.—In any civil action with respect to prison
conditions, a defendant or intervener shall be entitled
to the immediate termination of any prospective relief
if the relief was approved or granted in the absence
of a finding by the court that the relief is narrowly
drawn, extends no further than necessary to correct
707
the violation of the Federal right, and is the least in-
trusive means necessary to correct the violation of the
Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not
terminate if the court makes written findings based
on the record that prospective relief remains necessary
to correct a current or ongoing violation of the Fed-
eral right, extends no further than necessary to correct
the violation of the Federal right, and that the pro-
spective relief is narrowly drawn and the least intru-
sive means to correct the violation.
‘‘(4) TERMINATION
OR
MODIFICATION
OF
RE-
LIEF.—Nothing in this section shall prevent any
party or intervener from seeking modification or ter-
mination before the relief is terminable under para-
graph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action
with respect to prison conditions, the court shall not
enter or approve a consent decree unless it complies
with the limitations on relief set forth in subsection
(a).
‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)
Nothing in this section shall preclude parties from en-
708
tering into a private settlement agreement that does
not comply with the limitations on relief set forth in
subsection (a), if the terms of that agreement are not
subject to court enforcement other than the reinstate-
ment of the civil proceeding that the agreement set-
tled.
‘‘(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement
has been breached from seeking in State court any
remedy available under State law.
‘‘(d) STATE LAW REMEDIES.—The limitations on rem-
edies in this section shall not apply to relief entered by a
State court based solely upon claims arising under State
law.
‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A)(i) beginning on the 30th day after
such motion is filed, in the case of a motion
709
made under paragraph (1) or (2) of subsection
(b); or
‘‘(ii) beginning on the 180th day after such
motion is filed, in the case of a motion made
under any other law; and
‘‘(B) ending on the date the court enters a
final order ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—(A) In any civil action in a
Federal court with respect to prison conditions, the
court may appoint a special master who shall be dis-
interested and objective and who will give due regard
to the public safety, to conduct hearings on the record
and prepare proposed findings of fact.
‘‘(B) The court shall appoint a special master
under this subsection during the remedial phase of the
action only upon a finding that the remedial phase
will be sufficiently complex to warrant the appoint-
ment.
‘‘(2) APPOINTMENT.—(A) If the court determines
that the appointment of a special master is necessary,
the court shall request that the defendant institution
and the plaintiff each submit a list of not more than
5 persons to serve as a special master.
710
‘‘(B) Each party shall have the opportunity to
remove up to 3 persons from the opposing party’s list.
‘‘(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
‘‘(3) INTERLOCUTORY APPEAL.—Any party shall
have the right to an interlocutory appeal of the
judge’s selection of the special master under this sub-
section, on the ground of partiality.
‘‘(4) COMPENSATION.—The compensation to be
allowed to a special master under this section shall be
based on an hourly rate not greater than the hourly
rate established under section 3006A for payment of
court-appointed counsel, plus costs reasonably in-
curred by the special master. Such compensation and
costs shall be paid with funds appropriated to the Ju-
diciary.
‘‘(5) REGULAR
REVIEW
OF
APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
section, the court shall review the appointment of the
special master every 6 months to determine whether
the services of the special master continue to be re-
quired under paragraph (1). In no event shall the ap-
711
pointment of a special master extend beyond the ter-
mination of the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A
special master appointed under this subsection—
‘‘(A) may be authorized by a court to con-
duct hearings and prepare proposed findings of
fact, which shall be made on the record;
‘‘(B) shall not make any findings or com-
munications ex parte;
‘‘(C) may be authorized by a court to assist
in the development of remedial plans; and
‘‘(D) may be removed at any time, but shall
be relieved of the appointment upon the termi-
nation of relief.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘consent decree’ means any relief
entered by the court that is based in whole or in part
upon the consent or acquiescence of the parties but
does not include private settlements;
‘‘(2) the term ‘civil action with respect to prison
conditions’ means any civil proceeding arising under
Federal law with respect to the conditions of confine-
ment or the effects of actions by government officials
on the lives of persons confined in prison, but does
712
not include habeas corpus proceedings challenging the
fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject to incarceration, detention, or admission to any
facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal
law or the terms and conditions of parole, probation,
pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes
any order, including a temporary restraining order
or preliminary injunctive relief, that has the purpose
or effect of reducing or limiting the prison popu-
lation, 
or 
that 
directs 
the 
release 
from 
or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal, State,
or local facility that incarcerates or detains juveniles
or adults accused of, convicted of, sentenced for, or ad-
judicated delinquent for, violations of criminal law;
‘‘(6) the term ‘private settlement agreement’
means an agreement entered into among the parties
that is not subject to judicial enforcement other than
the reinstatement of the civil proceeding that the
agreement settled;
‘‘(7) the term ‘prospective relief’ means all relief
other than compensatory monetary damages;
713
‘‘(8) the term ‘special master’ means any person
appointed by a Federal court pursuant to Rule 53 of
the Federal Rules of Civil Procedure or pursuant to
any inherent power of the court to exercise the powers
of a master, regardless of the title or description given
by the court; and
‘‘(9) the term ‘relief’ means all relief in any form
that may be granted or approved by the court, and
includes consent decrees but does not include private
settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN GENERAL.—Section 3626 of title 18, Unit-
ed States Code, as amended by this section, shall
apply with respect to all prospective relief whether
such relief was originally granted or approved before,
on, or after the date of the enactment of this title.
(2) TECHNICAL
AMENDMENT.—Subsections (b)
and (d) of section 20409 of the Violent Crime Control
and Law Enforcement Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter C of chapter 229 of title 18,
United States Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
714
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU-
TIONALIZED PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997a(c)) (referred to in this section as the ‘‘Act’’) is
amended to read as follows:
‘‘(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.’’.
(b) CERTIFICATION REQUIREMENTS.—Section 4 of the
Act (42 U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears
and inserting ‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the At-
torney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) The Attorney General shall personally sign any
certification made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the Act
(42 U.S.C. 1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’ each
place it appears and inserting ‘‘the Attorney
General’’; and
715
(B) by amending paragraph (2) to read as
follows:
‘‘(2) The Attorney General shall personally sign any
certification made pursuant to this section.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
(d) SUITS BY PRISONERS.—Section 7 of the Act (42
U.S.C. 1997e) is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) 
APPLICABILITY
OF
ADMINISTRATIVE
REM-
EDIES.—No action shall be brought with respect to prison
conditions under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983), or any other Federal law,
by a prisoner confined in any jail, prison, or other correc-
tional facility until such administrative remedies as are
available are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO
ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of
a State to adopt or adhere to an administrative grievance
procedure shall not constitute the basis for an action under
section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own mo-
tion or on the motion of a party dismiss any action brought
716
with respect to prison conditions under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983), or
any other Federal law, by a prisoner confined in any jail,
prison, or other correctional facility if the court is satisfied
that the action is frivolous, malicious, fails to state a claim
upon which relief can be granted, or seeks monetary relief
from a defendant who is immune from such relief.
‘‘(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief, the court may dismiss the under-
lying claim without first requiring the exhaustion of ad-
ministrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought
by a prisoner who is confined to any jail, prison, or other
correctional facility, in which attorney’s fees are authorized
under section 2 of the Revised Statutes of the United States
(42 U.S.C. 1988), such fees shall not be awarded, except
to the extent that—
‘‘(A) the fee was directly and reasonably in-
curred in proving an actual violation of the plain-
tiff’s rights protected by a statute pursuant to which
a fee may be awarded under section 2 of the Revised
Statutes; and
717
‘‘(B)(i) the amount of the fee is proportionately
related to the court ordered relief for the violation; or
‘‘(ii) the fee was directly and reasonably in-
curred in enforcing the relief ordered for the violation.
‘‘(2) Whenever a monetary judgment is awarded in an
action described in paragraph (1), a portion of the judg-
ment (not to exceed 25 percent) shall be applied to satisfy
the amount of attorney’s fees awarded against the defend-
ant. If the award of attorney’s fees is not greater than 150
percent of the judgment, the excess shall be paid by the de-
fendant.
‘‘(3) No award of attorney’s fees in an action described
in paragraph (1) shall be based on an hourly rate greater
than 150 percent of the hourly rate established under section
3006A of title 18, United States Code, for payment of court-
appointed counsel.
‘‘(4) Nothing in this subsection shall prohibit a pris-
oner from entering into an agreement to pay an attorney’s
fee in an amount greater than the amount authorized under
this subsection, if the fee is paid by the individual rather
than by the defendant pursuant to section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil ac-
tion may be brought by a prisoner confined in a jail, pris-
on, or other correctional facility, for mental or emotional
718
injury suffered while in custody without a prior showing
of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in any
action brought with respect to prison conditions in Federal
court pursuant to section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), or any other Federal
law, by a prisoner confined in any jail, prison, or other
correctional facility, pretrial proceedings in which the pris-
oner’s participation is required or permitted shall be con-
ducted by telephone, video conference, or other telecommuni-
cations technology without removing the prisoner from the
facility in which the prisoner is confined.
‘‘(2) Subject to the agreement of the official of the Fed-
eral, State, or local unit of government with custody over
the prisoner, hearings may be conducted at the facility in
which the prisoner is confined. To the extent practicable,
the court shall allow counsel to participate by telephone,
video conference, or other communications technology in
any hearing held at the facility.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may
waive the right to reply to any action brought by a prisoner
confined in any jail, prison, or other correctional facility
under section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983) or any other Federal law. Notwith-
standing any other law or rule of procedure, such waiver
719
shall not constitute an admission of the allegations con-
tained in the complaint. No relief shall be granted to the
plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply to
a complaint brought under this section if it finds that the
plaintiff has a reasonable opportunity to prevail on the
merits.
‘‘(h) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(e) REPORT TO CONGRESS.—Section 8 of the Act (42
U.S.C. 1997f) is amended by striking ‘‘his report’’ and in-
serting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10
of the Act (42 U.S.C. 1997h) is amended—
(1) by striking ‘‘his action’’ and inserting ‘‘the
action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting
‘‘the Attorney General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United
States Code, is amended—
720
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting
‘‘(a)(1) Subject to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and in-
serting ‘‘submits an affidavit that includes a
statement of all assets such prisoner possesses’’;
(D) by striking ‘‘such costs’’ and inserting
‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears
and inserting ‘‘the person’’;
(F) by adding immediately after paragraph
(1), the following new paragraph:
‘‘(2) A prisoner seeking to bring a civil action or ap-
peal a judgment in a civil action or proceeding without
prepayment of fees or security therefor, in addition to filing
the affidavit filed under paragraph (1), shall submit a cer-
tified copy of the trust fund account statement (or institu-
tional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each
prison at which the prisoner is or was confined.’’; and
(G) by striking ‘‘An appeal’’ and inserting
‘‘(3) An appeal’’;
722
‘‘(3) In no event shall the filing fee collected exceed the
amount of fees permitted by statute for the commencement
of a civil action or an appeal of a civil action or criminal
judgment.
‘‘(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘subsection (a) of this section’’
and inserting ‘‘subsections (a) and (b) and the pre-
payment of any partial filing fee as may be required
under subsection (b)’’; and
(5) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to represent
any person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss
the case at any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief
may be granted; or
723
‘‘(iii) seeks monetary relief against a de-
fendant who is immune from such relief.’’.
(b) EXCEPTION TO DISCHARGE OF DEBT IN BANK-
RUPTCY PROCEEDING.—Section 523(a) of title 11, United
States Code, is amended—
(1) in paragraph (16), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by adding at the end the following new para-
graph:
‘‘(17) for a fee imposed by a court for the filing
of a case, motion, complaint, or appeal, or for other
costs and expenses assessed with respect to such filing,
regardless of an assertion of poverty by the debtor
under section 1915 (b) or (f) of title 28, or the debt-
or’s status as a prisoner, as defined in section
1915(h) of title 28.’’.
(c) COSTS.—Section 1915(f) of title 28, United States
Code (as redesignated by subsection (a)(2)), is amended—
(1) by striking ‘‘(f) Judgment’’ and inserting
‘‘(f)(1) Judgment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceed-
ings’’; and
(3) by adding at the end the following new para-
graph:
724
‘‘(2)(A) If the judgment against a prisoner includes
the payment of costs under this subsection, the prisoner
shall be required to pay the full amount of the costs ordered.
‘‘(B) The prisoner shall be required to make payments
for costs under this subsection in the same manner as is
provided for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the
amount of the costs ordered by the court.’’.
(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action or proceeding under
this section if the prisoner has, on 3 or more prior occa-
sions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United States
that was dismissed on the grounds that it is frivolous, mali-
cious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of
serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(h) As used in this section, the term ‘prisoner’ means
any person incarcerated or detained in any facility who
725
is accused of, convicted of, sentenced for, or adjudicated de-
linquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or diver-
sionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by inserting after section 1915 the
following new section:
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before dock-
eting, if feasible or, in any event, as soon as practicable
after docketing, a complaint in a civil action in which a
prisoner seeks redress from a governmental entity or officer
or employee of a governmental entity.
‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court
shall identify cognizable claims or dismiss the complaint,
or any portion of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant who
is immune from such relief.
‘‘(c) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
726
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1915 the following
new item:
‘‘1915A. Screening.’’.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcer-
ated while awaiting sentencing or while serving a sentence
may bring a civil action against the United States or an
agency, officer, or employee of the Government, for mental
or emotional injury suffered while in custody without a
prior showing of physical injury.’’.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION
OF PENDING RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in
connection with a civil action brought against any Federal,
State, or local jail, prison, or correctional facility or
against any official or agent of such jail, prison, or correc-
tional facility, shall be paid directly to satisfy any out-
standing restitution orders pending against the prisoner.
727
The remainder of any such award after full payment of all
pending restitution orders shall be forwarded to the pris-
oner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE
AWARD.
Prior to payment of any compensatory damages
awarded to a prisoner in connection with a civil action
brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of
such jail, prison, or correctional facility, reasonable efforts
shall be made to notify the victims of the crime for which
the prisoner was convicted and incarcerated concerning the
pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT
REVOCATION.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of
a crime and confined in a Federal correctional facility, the
court may order the revocation of such earned good time
credit under section 3624(b) of title 18, United States Code,
that has not yet vested, if, on its own motion or the motion
of any party, the court finds that—
728
‘‘(1) the claim was filed for a malicious purpose;
‘‘(2) the claim was filed solely to harass the
party against which it was filed; or
‘‘(3) the claimant testifies falsely or otherwise
knowingly presents false evidence or information to
the court.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec-
tion 3624(b) of title 18, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If the
Bureau’’ and inserting ‘‘Subject to paragraph
(2), if the Bureau’’;
(D) by striking the fourth sentence and in-
serting the following: ‘‘In awarding credit under
729
this section, the Bureau shall consider whether
the prisoner, during the relevant period, has
earned, or is making satisfactory progress to-
ward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking ‘‘Cred-
it for the last’’ and inserting ‘‘Subject to para-
graph (2), credit for the last’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Notwithstanding any other law, credit
awarded under this subsection after the date of enact-
ment of the Prison Litigation Reform Act shall vest
on the date the prisoner is released from custody.’’.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such
to any person or circumstance shall not be affected thereby.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1996.’’.
730
(b) Such amounts as may be necessary for programs,
projects or activities provided for in the District of Colum-
bia Appropriations Act, 1996 at a rate of operations and
to the extent and in the manner provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making appropriations for the government of the Dis-
trict of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the fiscal
year ending September 30, 1996, and for other purposes.
TITLE I—FISCAL YEAR 1996 APPROPRIATIONS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal
year ending September 30, 1996, $660,000,000, as author-
ized by section 502(a) of the District of Columbia Self-Gov-
ernment and Governmental Reorganization Act, Public
Law 93–198, as amended (D.C. Code, sec. 47–3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers and
Fire Fighters’, Teachers’, and Judges’ Retirement Funds,
as authorized by the District of Columbia Retirement Re-
form Act, approved November 17, 1979 (93 Stat. 866; Pub-
lic Law 96–122), $52,070,000.
731
FEDERAL CONTRIBUTION FOR EDUCATION REFORM
For a Federal contribution to Education Reform,
$14,930,000 which shall be deposited into an escrow account
of the District of Columbia Financial Responsibility and
Management Assistance Authority, pursuant to section 205
of Public Law 104–8, approved April 17, 1995 (109 Stat.
131), and shall be disbursed from such account pursuant
to the instructions of the Authority and in accordance with
title II of this Act, where applicable, as follows:
$200,000 shall be available for payments to charter
schools;
$300,000 shall be available for the Public Charter
School Board;
$2,000,000 shall be transferred directly, notwithstand-
ing any other provision of law, to the United States Depart-
ment of Education for awarding grants to carry out Even
Start programs in the District of Columbia as provided for
in Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curricu-
lum, content standards, and assessments;
$500,000 shall be available for payment to the Admin-
istrator of the General Services Administration for the costs
of developing engineering plans for donated work on Dis-
trict of Columbia public school facilities;
741
PUBLIC EDUCATION SYSTEM
Public education system, including the development of
national defense education programs, $795,201,000 and
11,670 full-time equivalent positions (end-of-year) (includ-
ing $676,251,000 and 9,996 full-time equivalent positions
from local funds, $87,385,000 and 1,227 full-time equiva-
lent positions from Federal funds, $21,719,000 and 234 full-
time equivalent positions from other funds, and $9,846,000
and 213 full-time equivalent positions from intra-District
funds), to be allocated as follows: $580,996,000 and 10,167
full-time equivalent positions (including $498,310,000 and
9,014 full-time equivalent positions from local funds
$75,786,000 and 1,058 full-time equivalent positions from
Federal funds, $4,343,000 and 44 full-time equivalent posi-
tions from other funds, and $2,557,000 and 51 full-time
equivalent positions from intra-District funds), for the pub-
lic schools of the District of Columbia; $111,800,000 (in-
cluding $111,000,000 from local funds and $800,000 from
intra-District funds) shall be allocated for the District of
Columbia Teachers’ Retirement Fund; $79,396,000 and
1,079 full-time equivalent positions (including $45,377,000
and 572 full-time equivalent positions from local funds,
$10,611,000 and 156 full-time equivalent positions from
Federal funds, $16,922,000 and 189 full-time equivalent po-
sitions from other funds, and $6,486,000 and 162 full-time
749
PAY RENEGOTIATION OR REDUCTION IN COMPENSATION
The Mayor shall reduce appropriations and expendi-
tures for personal services in the amount of $46,409,000,
by decreasing rates of compensation for District government
employees; such decreased rates are to be realized from em-
ployees who are subject to collective bargaining agreements
to the extent possible through the renegotiation of existing
collective bargaining agreements: Provided, That, if a suffi-
cient reduction from employees who are subject to collective
bargaining agreements is not realized through renegotiating
existing agreements, the Mayor shall decrease rates of com-
pensation for such employees, notwithstanding the provi-
sions of any collective bargaining agreements: Provided fur-
ther, That the Congress hereby ratifies and approves legisla-
tion enacted by the Council of the District of Columbia dur-
ing fiscal year 1995 to reduce the compensation and benefits
of all employees of the District of Columbia government
during that fiscal year: Provided further, That notwith-
standing any other provision of law, the legislation enacted
by the Council of the District of Columbia during fiscal
year 1995 to reduce the compensation and benefits of all
employees of the District of Columbia government during
that fiscal year shall be deemed to have been ratified and
approved by the Congress during fiscal year 1995.