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priated 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 appropria-
tion from the General Fund estimated at not more than
$103,445,000: Provided further, That any such fees col-
lected in excess of $184,293,000 shall remain available
until expended but shall not be available for obligation
until October 1, 1996: Provided further, That $1,000,000
of the funds appropriated for the Commission shall be
available for the enforcement of the Investment Advisers
Act of 1940 in addition to any other appropriated funds
designated by the Commission for enforcement of such
Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the Small Business Administration as authorized by
Public Law 103–403, including hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344, and
not to exceed $3,500 for official reception and representa-
tion expenses, $219,190,000: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Small Business Administration,
and certain loan servicing activities: Provided further,
That notwithstanding 31 U.S.C. 3302, revenues received
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from all such activities shall be credited to this account,
to be available for carrying out these purposes without fur-
ther appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App. 1–11
as amended by Public Law 100–504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the
cost of guaranteed loans, $156,226,000, as authorized by
15 U.S.C. 631 note, of which $1,216,000, to be available
until expended, shall be for the Microloan Guarantee Pro-
gram, and of which $40,510,000 shall remain available
until September 30, 1997: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That during fiscal year 1996, com-
mitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, as amended, shall
not exceed the amount of financings authorized under sec-
tion 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.
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DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $34,432,000, to
remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974.
In addition, for administrative expenses to carry out
the direct loan program, $71,578,000, which may be
transferred to and merged with the appropriations for Sal-
aries and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $2,530,000, to remain avail-
able 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 appropria-
tion made available for the current fiscal year for the
Small Business Administration in this Act may be trans-
ferred between such appropriations, but no such appro-
priation 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
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funds under section 605 of this Act and shall not be avail-
able for obligation or expenditure except in compliance
with the procedures set forth in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by The State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–
4516)), $5,000,000 to remain available until expended:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
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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-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected 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
restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agen-
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cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1996, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for 
activities, 
programs, 
or 
projects 
through 
a
reprogramming of funds in excess of $500,000 or 10 per-
cent, whichever is less, that (1) augments existing pro-
grams, 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 Con-
gress; or (3) results from any general savings from a re-
duction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both
Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Ad-
ministration in shipyards located outside of the United
States.
SEC. 607. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
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gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment 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 Com-
mission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by
the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay for any cost incurred for (1) opening or
operating any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was not operat-
ing on July 11, 1995; (2) expanding any United States
diplomatic or consular post in the Socialist Republic of
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Vietnam that was operating on July 11, 1995; or (3) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic of Vietnam above the levels existing on July 11, 1995,
unless the President certifies within 60 days, based upon
all information available to the United States Government
that the Government of the Socialist Republic of Vietnam
is fully cooperating with the United States in the following
four areas:
(1) Resolving discrepancy cases, live sightings
and field activities,
(2) Recovering and repatriating American re-
mains,
(3) Accelerating efforts to provide documents
that will help lead to fullest possible accounting of
POW/MIA’s,
(4) Providing further assistance in implement-
ing trilateral investigations with Laos.
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking
when it is made known to the Federal official having au-
thority to obligate or expend such funds (1) that the Unit-
ed Nations undertaking is a peacekeeping mission, (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
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eign national, and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or 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,
karate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates,
or heating elements; or
(5) the use or possession of any electric or 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, Shipbuild-
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ing and Conversion’’ may be used to implement sections
603, 604, and 605 of Public Law 102–567.
SEC. 613. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any
other program of United States Government television
broadcasts to Cuba, when it is made known to the Federal
official having authority to obligate or expend such funds
that such use would be inconsistent with the applicable
provisions of the March 1995 Office of Cuba Broadcasting
Reinventing Plan of the United States Information Agen-
cy.
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 appropria-
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tions accounts as may be necessary to carry out this provi-
sion is provided in addition to authorities included else-
where 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 compli-
ance with the procedures set forth in that section.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this
heading, $65,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this
heading, $60,000,000 are rescinded.
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this
heading, $7,400,000 are rescinded.
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TITLE VIII—PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Re-
form Act of 1995’’.
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
relief in any civil action with respect to prison condi-
tions shall extend no further than necessary to cor-
rect 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 fur-
ther than necessary to correct the violation of the
Federal right, and is the least intrusive means nec-
essary to correct the violation of the Federal right.
The court shall give substantial weight to any ad-
verse impact on public safety or the operation of a
criminal justice system caused by the relief.
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‘‘(B) The court shall not order any prospective
relief that requires or permits a government official
to exceed his or her authority under State or local
law or otherwise violates State or local law, unless—
‘‘(i) Federal law permits such relief to be
ordered in violation of State or local law;
‘‘(ii) the relief is necessary to correct the
violation of a Federal right; and
‘‘(iii) no other relief will correct the viola-
tion of the Federal right.
‘‘(C) Nothing in this section shall be construed
to authorize the courts, in exercising their remedial
powers, to order the construction of prisons or the
raising of taxes, or to repeal or detract from other-
wise applicable limitations on the remedial powers of
the courts.
‘‘(2) PRELIMINARY
INJUNCTIVE
RELIEF.—In
any civil action with respect to prison conditions, to
the extent otherwise authorized by law, the court
may enter a temporary restraining order or an order
for preliminary injunctive relief. Preliminary injunc-
tive relief must be narrowly drawn, extend no fur-
ther than necessary to correct the harm the court
finds requires preliminary relief, and be the least in-
trusive means necessary to correct that harm. The
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court shall give substantial weight to any adverse
impact on public safety or the operation of a crimi-
nal justice system caused by the preliminary relief
and shall respect the principles of comity set out in
paragraph (1)(B) in tailoring any preliminary relief.
Preliminary injunctive relief shall automatically ex-
pire on the date that is 90 days after its entry, un-
less the court makes the findings required under
subsection (a)(1) for the entry of prospective relief
and makes the order final before the expiration of
the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any
civil action with respect to prison conditions, no 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 re-
lease 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 ac-
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cordance with section 2284 of title 28, if the require-
ments 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
subparagraph (A) have been met.
‘‘(D) If the requirements under subparagraph
(A) have been met, a Federal judge before whom a
civil action with respect to prison conditions is 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 pris-
oner release order should be entered.
‘‘(E) The three-judge court shall enter a pris-
oner release order only if the court finds by clear
and convincing evidence that—
‘‘(i) crowding is the primary cause of the
violation of a Federal right; and
‘‘(ii) no other relief will remedy the 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
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prosecution or custody of persons who may be re-
leased from, or not admitted to, a prison as a result
of a prisoner release order shall have standing to op-
pose the imposition or continuation in effect of such
relief and to seek termination of such relief, and
shall have the right to intervene in any proceeding
relating to such relief.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—
(A) In any civil action with respect to prison condi-
tions in which prospective relief is ordered, such re-
lief shall be terminable upon the motion of any party
or intervener—
‘‘(i) 2 years after the date the court grant-
ed or approved the prospective relief;
‘‘(ii) 1 year after the date the court has
entered an order denying termination of pro-
spective relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Liti-
gation Reform Act, 2 years after such date of
enactment.
‘‘(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
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before the relief is terminated under subparagraph
(A).
‘‘(2) IMMEDIATE
TERMINATION
OF
PROSPEC-
TIVE RELIEF.—In any civil action with respect to
prison conditions, a defendant or intervener shall be
entitled to the immediate termination of any pro-
spective relief if the relief was approved or granted
in the absence of a finding by the court that the re-
lief is narrowly drawn, extends no further than nec-
essary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct
the violation of the Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not
terminate if the court makes written findings based
on the record that prospective relief remains nec-
essary to correct a current or ongoing violation of
the Federal right, extends no further than necessary
to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the
least intrusive means to correct the violation.
‘‘(4) TERMINATION OR MODIFICATION OF 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-
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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 entering into a private settlement agreement
that does not comply with the limitations on relief
set forth in subsection (a), if the terms of that
agreement are not subject to court enforcement
other than the reinstatement of the civil proceeding
that the agreement settled.
‘‘(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement
has been breached from seeking in State court any
remedy available under State law.
‘‘(d) STATE LAW REMEDIES.—The limitations on
remedies in this section shall not apply to relief entered
by a State court based solely upon claims arising under
State law.
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‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PRO-
SPECTIVE 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
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.