201
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), $210,000,000, to remain available until expended as
authorized by 22 U.S.C. 2455.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange 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-
202
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.
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;
$294,191,000, of which $5,000,000 shall remain available
until expended, not to exceed $16,000 may be used for offi-
203
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 $29,000,000 may be used for nec-
essary expenses of Radio Free Europe/Radio Liberty, of
which not more than $39,000 may be used for official recep-
tion and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, not to exceed $250,000
from fees as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948, as
amended, to remain 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 funds may be used to purchase or lease, maintain,
and operate such aircraft (including aerostats) as may be
required to house and operate necessary television broad-
casting equipment: Provided further, That not later than
204
April 1, 1996, the headquarters of the Office of Cuba Broad-
casting shall be relocated from Washington, D.C. to south
Florida, and that any funds available to the United States
Information Agency may be available to carry out this relo-
cation.
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-
essary equipment for radio and television transmission and
reception as authorized by 22 U.S.C. 1471, $22,000,000, 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, $18,000,000:
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.
205
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, $4,000,000, 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-
thorized by the National Endowment for Democracy Act,
$30,000,000, to remain available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE
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
206
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
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. CONSOLIDATION OF REDUNDANT FOREIGN RELA-
TIONS FUNCTIONS.
(a) CONSOLIDATION OF FUNCTIONS.—
(1) CONSOLIDATION
OF
FUNCTIONS
OF
STATE
DEPARTMENT, 
USIA, 
AND
ACDA.—Notwithstanding
any other provision of law, the Director of the Office
of Management and Budget shall, in consultation
with the Secretary of State, the Director of the United
States Information Agency and the Director of the
Arms Control and Disarmament Agency—
207
(A) identify the functions carried out by the
Department of State, by the United States Infor-
mation Agency, and the Arms Control and Dis-
armament Agency that are redundant by reason
of being carried out, in whole or in part, by two
or more of these entities; and
(B) take appropriate actions to eliminate
the redundancy in such functions.
(2) SCOPE OF CONSOLIDATION.—In carrying out
the requirements of paragraph (1), the Director of the
Office of Management and Budget may provide for
the discharge of functions of the entities referred to in
such paragraph by a single office within one of the
entities.
(3) ADDITIONAL CONSOLIDATION AUTHORITY.—
In addition to the actions under paragraphs (1) and
(2), the Director of the Office of Management and
Budget may also carry out such other actions to con-
solidate and reorganize the functions of the Depart-
ment of State, the United States Information Agency,
and the United States Arms Control and Disar-
mament Agency as the Director and the heads of such
entities consider appropriate to ensure the effective
and efficient discharge of the responsibilities of such
entities.
208
(4) ACTIONS AUTHORIZED.—The actions that the
Director of the Office of Management and Budget
may take under this subsection include the following:
(A) The abolishment, reorganization, con-
solidation, or transfer of functions (in whole or
in part).
(B) The termination or transfer of the per-
sonnel associated with functions so abolished, re-
organized, consolidated, or transferred.
(5) TRANSITION RULES.—The Director of the Of-
fice of Management and Budget shall establish such
rules and procedures relating to the consolidation of
foreign relations functions under this subsection as
the Director considers appropriate, including rules
and procedures relating to the rights and responsibil-
ities of personnel of the Government terminated,
transferred, or otherwise affected by actions to carry
out the consolidation.
(b) VOLUNTARY SEPARATION INCENTIVES.—
(1) AUTHORITY TO PAY INCENTIVES.—The head
of an agency referred to in paragraph (2) may pay
voluntary incentive payments to employees of the
agency in order to avoid or minimize the need for in-
voluntary separations from the agency as a result of
209
the consolidation of foreign relations functions under
subsection (a).
(2) COVERED AGENCIES.—Paragraph (1) applies
to the following agencies:
(A) The Department of State.
(B) The United States Information Agency.
(C) The United States Arms Control and
Disarmament Agency.
(3) PAYMENT REQUIREMENTS.—
(A) IN GENERAL.—The head of an agency
referred to in paragraph (2) shall pay voluntary
separation incentive payments under this sub-
section in accordance with the provisions of sec-
tions 3 and 4 of the Federal Workforce Restruc-
turing Act of 1994 (Public Law 103–226; 108
Stat. 111), except that an employee of the agency
shall be deemed to be eligible for payment of a
voluntary separation incentive payment under
that section if the employee separates from serv-
ice with the agency during the period beginning
on the date of enactment of this Act and ending
on December 15, 1995.
(B) SUBSEQUENT EMPLOYMENT WITH GOV-
ERNMENT.—The provisions of subsection (d) of
such section 3 shall apply to any employee who
210
is paid a voluntary separation incentive pay-
ment under this subsection.
(4) FUNDING.—
(A) IN
GENERAL.—The payment of vol-
untary separation incentive payments under this
subsection shall be made from funds in the For-
eign Affairs Reorganization Transition Fund es-
tablished under subsection (c).
(B) EXERCISE OF AUTHORITY DEPENDENT
ON FUNDING.—The head of an agency may not
pay voluntary separation incentive payments
under this subsection unless sufficient funds are
available in the Foreign Affairs Reorganization
Fund to cover the cost of such payments and the
costs of any other payments (including payments
or deposits to retirement systems) required in re-
lation to such payments.
(5) TERMINATION OF AUTHORITY.—The author-
ity of the head of an agency to authorize payment of
voluntary separation incentive payments under this
subsection shall expire on December 15, 1995.
(c) FOREIGN AFFAIRS REORGANIZATION TRANSITION
FUND.—
(1) ESTABLISHMENT.—There is hereby estab-
lished on the books of the Treasury an account to be
211
known as the ‘‘Foreign Affairs Reorganization Tran-
sition Fund’’.
(2) PURPOSE.—The purpose of the account is to
provide funds for the following:
(A) To cover the costs of actions relating to
the consolidation of redundant foreign relations
functions that are taken under subsection (a).
(B) To the cover the costs to the Government
of the payment of voluntary separation incentive
payments under subsection (b), including any
payments or deposits to retirement systems re-
quired in relation to such payment.
(3) DEPOSITS.—There shall be deposited into the
account such sums as may be appropriated to the ac-
count.
(4) USE OF FUNDS.—Sums in the account shall
remain available until expended for the purpose set
forth in paragraph (2).
(5) REPORT ON ACCOUNT.—Not later than No-
vember 15, 1996, the Secretary of State shall transmit
to the Committees on Appropriations and Foreign Re-
lations of the Senate and the Committees on Appro-
priations and International Relations of the House of
Representatives a report containing an accounting
of—
212
(A) the expenditures from the account estab-
lished under this subsection; and
(B) in the event of any transfer of funds to
the Department of State under paragraph (5),
the functions for which the funds so transferred
are to be expended.
SEC. 405. (a) Subject to subsection (b), section 15(a)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680(a)) and section 701 of the United States Infor-
mation and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 and section 53 of the Arms Control
and Disarmament Act, shall not apply to appropriations
made available for the Department of State in this Act.
(b) The waiver of subsection (a) shall cease to apply
December 1, 1995.
SEC. 406. FUNDS FOR THE TENTH PARALYMPIAD GAMES.
Of the aggregate amount appropriated under this title
for the United States Information Agency under the head-
ings ‘‘SALARIES AND EXPENSES’’, ‘‘EDUCATIONAL AND CUL-
TURAL
EXCHANGE
PROGRAMS’’, and ‘‘INTERNATIONAL
BROADCASTING OPERATIONS’’, $5,000,000 shall be available
only for the Tenth Paralympiad games for individuals with
disabilities, scheduled to be held in Atlanta, Georgia, in
1996, consistent with section 242 of the Foreign Relations
213
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
2452 note).
SEC. 407. GREAT LAKES FISHERY COMMISSION.
Notwithstanding any other provision of law—
(1) the Department of State shall continue to
carry out its authority, function, duty, and respon-
sibility in the conduct of foreign affairs of the United
States in connection with the Great Lakes Fishery
Commission in the same manner as that Department
has carried out that function, duty, and responsibility
since the Convention on Great Lakes Fisheries be-
tween the United States and Canada entered into
force on October 11, 1955; and
(2) the authority, function, duty, and respon-
sibility of the Department of State referred to in
paragraph (1) shall not be transferred to any other
Federal agency or terminated during any fiscal year
in which the Convention referred to in paragraph (1)
is in force.
SEC. 408. Section 36(a)(1) of the State Department
Authorities Act of 1956, as amended (22 U.S.C. 2708), is
amended to delete ‘‘may pay a reward’’ and insert in lieu
thereof ‘‘shall establish and publicize a program under
which rewards may be paid’’.
214
SEC. 409. It is the sense of Congress that, in order to
facilitate enhanced command and control of Department of
Defense counter-drug activities in the Western Hemisphere,
the President should designate the commander of one uni-
fied combatant command established under chapter 6 of
title 10, United States Code, to perform the mission of car-
rying out all counter-drug operations of the Department of
Defense in the areas of the Western Hemisphere that are
south of the southern border of the United States, including
Mexico, and the areas off the coasts of Central America and
South America that are within 300 miles of such coasts,
but not to include the Caribbean Sea.
SEC. 410. It is the sense of the Senate that the United
States should continue to provide logistic and warehouse
support for non-governmental, non-profit organizations un-
dertaking donated book programs abroad, including those
organizations utilizing on-line information technologies to
complement the traditional hard cover donation program.
SEC. 411. EXTENSION OF AU PAIR PROGRAMS.
Section 8 of the Eisenhower Exchange Fellowship Act
of 1990 is amended in the last sentence by striking ‘‘fiscal
year 1995’’ and inserting ‘‘fiscal year 1999’’.
SEC. 412. 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-
215
porated, may use any earned but unused trust income from
the period 1992 through 1995 for Fellowship purposes.
SEC. 413. 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-
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. 414. It is the Sense of the Senate that the Presi-
dent of the United States should insist on the full compli-
ance of the Russian Federation with the terms of the Treaty
on Conventional Armed Forces in Europe and seek the ad-
vice and consent of the Senate for any treaty modifications.
216
SEC. 415. RESTRICTIONS ON THE TERMINATION OF SANC-
TIONS AGAINST SERBIA AND MONTENEGRO.
(a) RESTRICTIONS.—Section 1511 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160) is amended by striking subsection (e) and insert-
ing the following:
‘‘(e) CERTIFICATION.—A certification described in this
subsection is a certification by the President to Congress
of his determination that:
‘‘(1) the elected Government of Kosova is exercis-
ing its legitimate right to democratic self-government,
and the political autonomy of Kosova, as exercised
prior to 1984 under the 1974 Constitution of the So-
cialist Federal Republic of Yugoslavia, has been re-
stored;
‘‘(2) systematic violations of the civil and human
rights of the people of Kosova, including institutional-
ized discrimination and structural repression, have
ended;
‘‘(3) monitors from the Organization for Secu-
rity and Cooperation in Europe, other human rights
monitors, and United States and international relief
officials are free to operate in Kosova and Serbia, in-
cluding the Sandjak and Vojvodina, and enjoy the full
cooperation and support of Serbia and local authori-
ties;
217
‘‘(4) full civil and human rights have been re-
stored to ethnic non-Serbs in Serbia, including the
Sandjak and Vojvodina;
‘‘(5) the Federal Republic of Yugoslavia has halt-
ed aggression against the Republic of Bosnia and
Herzegovina;
‘‘(6) the Federal Republic of Yugoslavia has ter-
minated all forms of support, including manpower,
arms, fuel, financial subsidies, and war material, by
land or air, for Serbian separatists and their leaders
in the Republic of Bosnia and Herzegovina and the
Republic of Croatia;
‘‘(7) the Federal Republic of Yugoslavia has ex-
tended full respect for the territorial integrity and
independence 
of 
the 
Republic 
of 
Bosnia 
and
Herzegovina, the Republic of Croatia, and the former
Yugoslav Republic of Macedonia; and
‘‘(8) the Federal Republic of Yugoslavia has co-
operated fully with the United Nations war crimes
tribunal for the former Yugoslavia, including by sur-
rendering all available and requested evidence and
those indicted individuals who are residing in the ter-
ritory of Serbia and Montenegro.’’.
(b) FOREIGN ASSISTANCE ACT AMENDMENT.—Section
307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
218
2227(a)) 
is 
amended 
by 
inserting 
‘‘Serbia 
and
Montenegro,’’ after ‘‘Cuba,’’.
(c) CONFORMING AMENDMENT.—Section 1511(a) of
such Act is amended by striking ‘‘subsections (d) and (e))
remain in effect until changed by law’’ and inserting ‘‘sub-
section (d)) remain in effect until the certification require-
ments of subsection (e) have been met’’.
(d) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the conditions specified in section 1511(e) of
the National Defense Authorization Act for Fiscal Year
1994, as amended by this section, should also be applied
by the United Nations for the termination of sanctions
against Serbia and Montenegro.
This title may be cited as the ‘‘Department of State
and Related Agencies Appropriations Act, 1996’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY
For necessary expenses of maritime security services
authorized by law, $46,000,000, to remain available until
expended.
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-
differential subsidies as authorized by the Merchant Marine
219
Act, 1936, as amended, $162,610,000, to remain available
until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $68,600,000, 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,
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 (P.L. 103–
451): Provided further, That reimbursements may be made
to this appropriation from receipts to the ‘‘Federal Ship
Financing Fund’’ for administrative expenses in support
of that program in addition to any amount heretofore ap-
propriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $25,000,000, to remain avail-
able until expended: Provided, That such costs, including
220
the cost of modifying such loans, shall be as defined in sec-
tion 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 $500,000,000.
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.
221
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $206,000, as authorized by
Public Law 99–83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights, including hire of passenger motor vehicles,
$9,000,000: 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-
222
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
94–304, $1,090,000, to remain available until expended as
authorized by section 3 of Public Law 99–7.
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
223
available for official reception and representation expenses
not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901–02; not
to exceed $600,000 for land and structures; 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; $166,185,000, of which not
to exceed $300,000 shall remain available until September
30, 1997, for research and policy studies: Provided, That
$116,400,000 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
$49,785,000: Provided further, That any offsetting collec-
tions received in excess of $116,400,000 in fiscal year 1996
224
shall remain available until expended, but shall not be
available for obligation until October 1, 1996.
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; $73,035,000: Provided, That not to exceed $300,000
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
225
$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
$24,773,000, 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).
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
226
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 Legal Services Corporation Act, $340,000,000,
of which $327,000,000 is for direct delivery of legal assist-
ance, including basic field programs; and $13,000,000 (to
be allocated by the Board of Directors of the Corporation)
is for management, administration, and the Office of In-
spector General: Provided, That $115,000,000 of the total
amount provided under this heading shall not be available
until the date on which the Corporation commences imple-
mentation of the system of competitive awards of grants
and contracts under section 13.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 11. 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
227
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 12 and 14.
(2) Funds for grants from the Corporation, and
contracts entered into by the Corporation, for basic
field programs shall be allocated so as to provide—
(A) except as provided in subparagraph
(B), an equal figure per individual in poverty
for all geographic areas, as determined on the
basis of the most recent decennial census of 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
228
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.
SEC. 12. None of the funds appropriated under this
Act to the Legal Services Corporation shall be used by the
Corporation to make a grant, or enter into a contract, for
the provision of legal assistance unless the Corporation en-
sures 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
229
(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. 13. (a) Not later than September 1, 1996, the
Corporation shall implement a system of competitive
awards of grants and contracts that will apply to all grants
and contracts for the delivery of legal assistance awarded
by the Corporation after the date of implementation of the
system.
(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—
230
(1) a demonstration of a full understanding of
the basic legal needs of the eligible clients to be served
and a demonstration of the capability of serving the
needs;
(2) the quality, feasibility, and cost effectiveness
of a plan submitted by an applicant for the delivery
of legal assistance to the eligible clients to be served;
and
(3) the experience of the Corporation with the
applicant, if the applicant has previously received fi-
nancial assistance from the Corporation, including
the record of the applicant of past compliance with
Corporation policies, practices, and restrictions.
(d) Such regulations shall ensure that timely notice
regarding an opportunity to submit an application for such
an award is published in periodicals of local and State bar
associations and in at least 1 daily newspaper of general
circulation in the area to be served by the person or entity
receiving the award.
(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) Sections 1007(a)(9) and 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C.
231
2996j) shall not apply to grants and contracts awarded
under the system of competitive awards for grants and con-
tracts for the delivery of legal assistance.
SEC. 14. (a) None of the funds appropriated under 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’’)—
(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 similar promulgation by any Federal,
State, or local agency, except as permitted in para-
graph (3);
(3) that attempts to influence any decision by a
Federal, State, or local agency, except when legal as-
sistance is provided by an employee of a recipient to
an eligible client on a particular application, claim,
or case—
232
(A) that directly involves a legal right or re-
sponsibility of the client; and
(B) that does not involve the issuance,
amendment, or revocation of any agency promul-
gation described in paragraph (2);
(4) that attempts to influence the passage or de-
feat of any legislation, constitutional amendment, ref-
erendum, initiative, or any similar procedure of Con-
gress or a State or local legislative body;
(5) that attempts to influence the conduct of
oversight proceedings of the Corporation or any per-
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
litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospec-
tive defendant, unless—
233
(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 of facts written in English
and, if necessary, in a language that the plain-
tiff understands, that enumerates the particular
facts known to the plaintiff on which the com-
plaint is based, has been signed by the plaintiff,
is kept on file by the recipient, and is made
available to any Federal department or agency
that is auditing or monitoring the activities of
the Corporation or of the recipient, and to any
auditor or monitor receiving Federal funds to
conduct such auditing or monitoring, including
any auditor or monitor of the Corporation, ex-
cept that—
(i) on establishment of reasonable cause
that an injunction is necessary to prevent
probable, serious harm to a potential plain-
tiff, a court of competent jurisdiction may
enjoin the disclosure of the identity of the
potential plaintiff pending the outcome of
such litigation or negotiation after notice
and an opportunity for a hearing is pro-
234
vided to potential parties to the litigation
or the negotiation; and
(ii) other parties to the litigation or
negotiation shall have access to the state-
ment of facts 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-
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-
235
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
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 1009(d) of the Legal Services
Corporation Act (42 U.S.C. 2996h(d)) to make
the records described in subparagraph (A) avail-
able to any Federal department or agency that
236
is auditing or monitoring the activities of the
Corporation or of the recipient, and to any audi-
tor or monitor receiving Federal funds to con-
duct such auditing or monitoring, including any
auditor or monitor of the Corporation;
(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—
(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
237
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
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 such date, because of
persecution or fear of persecution on account 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
238
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 provides legal assistance with respect to
any fee-generating case, if a private attorney is avail-
able and willing to take the case;
(14) that claims, or whose employee or eligible
client claims, or collects, attorneys’ fees from a non-
governmental party to litigation, initiated after Jan-
uary 1, 1996, by such client with the assistance of
such recipient or an employee of the recipient;
(15) that participates in any litigation with re-
spect to abortion;
(16) that participates in any litigation on behalf
of a person incarcerated in a Federal, State, or local
prison;
(17) that initiates legal representation or par-
ticipates in any other way, in litigation, lobbying, or
239
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 chal-
lenge existing law (as of the date of the effort);
(18) 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
safety of another tenant residing in the public
housing project or employee of the public housing
agency; or
(19) 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 a second
person or entity or an employee of the person or en-
240
tity, that is receiving financial assistance provided by
the Legal Services Corporation, except that this para-
graph shall not be construed to prohibit such first
person or entity or an employee of the person or en-
tity from referring such nonattorney to the appro-
priate Federal, State, or local agency with jurisdic-
tion over the matter involved.
(b) Nothing in this section shall be interpreted to pro-
hibit—
(1) a recipient from using funds from a source
other than the Corporation for the purpose of contact-
ing, communicating with, or responding to a request
from, a State or local government agency, a State or
local legislative body or committee, or a member
thereof, regarding funding for the recipient, including
a pending or proposed legislative or agency proposal
to fund such recipient; or
(2) the Corporation from responding to a request
for comments regarding a Federal funding proposal.
(c) Not later than 30 days after the date of enactment
of this Act, the Corporation shall promulgate a suggested
list of priorities that boards of directors may use in setting
priorities under subsection (a)(9).
(d)(1) The Corporation shall not accept any non-Fed-
eral funds, and no recipient shall accept funds from any
241
source other than the Corporation, unless the Corporation
or the recipient, as the case may be, notifies in writing the
source of the funds that the funds may not be expended for
any purpose prohibited by the Legal Services Corporation
Act or this title.
(2) Paragraph (1) shall not prevent a recipient from—
(A) receiving Indian tribal funds (including
funds from private nonprofit organizations for the
benefit of Indians or Indian tribes) and expending the
tribal funds in accordance with the specific purposes
for which the tribal funds are provided; or
(B) using funds received from a source other
than the Corporation to provide legal assistance to a
client who is not an eligible client if such funds are
used for the specific purposes for which such funds
were received, except that such funds may not be ex-
pended by recipients for any purpose prohibited by
the Legal Services Corporation Act or this title (other
than any requirement regarding the eligibility of cli-
ents).
(e) 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).
242
(2) The term ‘‘fee-generating case’’ means a case
that, if undertaken on behalf of an eligible client by
a private attorney would reasonably be expected to re-
sult in a fee for legal services from an award to an
eligible client from public funds, from the opposing
party, or from any other source.
(3) 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.
(4) 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.
(5) The term ‘‘public housing project’’ has the
meaning as used within section 3, and the term ‘‘pub-
lic housing agency’’ has the meaning given the term
in section 3, of the United States Housing Act of 1937
(42 U.S.C. 1437a).
SEC. 15. None of the funds appropriated under this
Act to the Legal Services Corporation or provided by the
Corporation to any entity or person may be used to pay
membership dues to any private or nonprofit organization.
243
SEC. 16. The requirements of sections 14 and 15 shall
apply to the activities of a recipient described in section
14, or an employee of such a recipient, during the provision
of legal assistance for a case or matter, if the recipient or
employee begins to provide the legal assistance on or after
the date of enactment of this Act. If the recipient or em-
ployee began to provide legal assistance for the case or mat-
ter prior to such date, and begins to provide legal assistance
for an additional related claim on or after such date, the
requirements shall apply to the activities of the recipient
or employee during the provision of legal assistance for the
claim.
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, $1,384,000.
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.
244
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,
$134,997,000, of which $3,600,000 are 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,
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,
245
(ii) any travel or 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 1 per cen-
tum to one thirty-fourth of 1 per centum and such increase
shall be deposited as an offsetting collection to this appro-
priation, to remain available until expended, to recover
costs of services of the securities registration process: Pro-
vided further, That no funds may be used for the Office of
Investor Education and Assistance, and that $1,500,000 of
the funds appropriated for the Commission shall be avail-
able for the enforcement of the Investment Advisers Act of
1940 in addition to any other appropriated funds des-
ignated by the Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
The following sum is appropriated for the Small Busi-
ness Administration in addition to such sums provided else-
where in this Act, $30,000,000.
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, $197,903,000: Provided further, That the Adminis-
246
trator is authorized to charge fees to cover the cost of publi-
cations developed by the Small Business Administration,
and certain loan servicing activities: Provided further, That
notwithstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be 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
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 guaranteed loans, $174,726,000, as au-
thorized by 15 U.S.C. 631 note, of which $1,216,000, to be
available until expended, shall be for the Microloan Guar-
antee Program, and of which $40,510,000 shall remain
available until September 30, 1997: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974.
In addition, for administrative expenses to carry out
guaranteed loan programs, $77,600,000, which may be
transferred to and merged with the appropriations for Sala-
ries and Expenses.
247
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-
fined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out
the direct loan program, $62,400,000, 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 PROVISIONS—SMALL BUSINESS
ADMINISTRATION
SEC. 508. 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
248
of this Act and shall not be available for obligation or ex-
penditure 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 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.
249
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 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
250
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
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. 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
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
251
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. 609. 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.
SEC. 610. 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—
252
(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. 611. 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. 612. 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 hav-
ing authority to obligate or expend such funds that such
use would be inconsistent with the applicable provisions of
253
the March 1995 Office of Cuba Broadcasting Reinventing
Plan of the United States Information Agency.
SEC. 613. (a) The Regulatory Coordination Advisory
Committee for the Commodity Futures Trading Commis-
sion is terminated.
(b) Section 5(h) of the Export Administration Act of
1979 is repealed.
(c)(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.
(d) This section shall take effect 30 days after the date
of the enactment of this Act.
SEC. 614. SENSE OF THE SENATE ON UNITED STATES-CANA-
DIAN COOPERATION CONCERNING AN OUT-
LET TO RELIEVE FLOODING AT DEVILS LAKE
IN NORTH DAKOTA.
(a) FINDINGS.—The Senate finds that—
(1) flooding in Devils Lake Basin, North Dakota,
has resulted in water levels in the lake reaching their
highest point in 120 years;
(2) basements are flooded and the town of Devils
Lake is threatened with lake water reaching the limits
of the protective dikes of the lake;
254
(3) the Army Corps of Engineers and the Bureau
of Reclamation are now studying the feasibility of
constructing an outlet from Devils Lake Basin;
(4) an outlet from Devils Lake Basin will allow
the transfer of water from Devils Lake Basin to the
Red River of the North watershed that the United
States shares with Canada; and
(5) the Treaty Relating to the Boundary Waters
and Questions Arising Along the Boundary Between
the United States and Canada, signed at Washington
on January 11, 1909 (36 Stat. 2448; TS 548) (com-
monly known as the ‘‘Boundary Water Treaty of
1909’’), provides that ‘‘waters flowing across the
boundary shall not be polluted on either side to the
injury of health or property on the other.’’ (36 Stat.
2450).
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the United States Government should seek to estab-
lish a joint United States-Canadian technical committee to
review the Devils Lake Basin outlet project to consider op-
tions for an outlet that would meet Canadian concerns with
regard to the Boundary Water Treaty of 1909.
SEC. 615. Competitive Bidding for Assignment of DBS
Licenses.—No funds provided in this or any other Act shall
be expended to take any action regarding the applications
255
that bear Federal Communications Commission File Num-
bers DBS–94–11EXT, DBS–94–15ACP, and DBS–94–
16MP: Provided, That funds shall be made available for
any action taken by the Federal Communications Commis-
sion to use the competitive bidding process prescribed in
section 309(j) of the Communications Act of 1934 (47
U.S.C. section 309(j)) regarding the disposition of the 27
channels at 110 degrees W.L. orbital location: Provided fur-
ther, That the provisions of this section apply unless the
Federal Communications Commission determines that an
alternative adjudication would yield more money for the
United States Treasury.
SEC. 616. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—
(1) IN GENERAL.—The head of each agency for
which funds are made available under this Act
shall—
(A) take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction,
from fiscal year 1995 levels, in the energy costs
of the facilities used by the agency; or
(B) enter into a sufficient number of energy
savings performance contracts with private sec-
tor energy service companies under title VIII of
the National Energy Conservation Policy Act (42
256
U.S.C. 8287 et seq.) to achieve during fiscal year
1996 at least a 5 percent reduction, from fiscal
year 1995 levels, in the energy use of the facili-
ties used by the agency.
(2) GOAL.—The activities described in para-
graph (1) should be a key component of agency pro-
grams that will by the year 2000 result in a 20 per-
cent reduction, from fiscal year 1985 levels, in the en-
ergy use of the facilities used by the agency, as re-
quired by section 543 of the National Energy Con-
servation Policy Act (42 U.S.C. 8253).
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 2000, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
257
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORTS.—
(1) BY AGENCY HEADS.—The head of each agen-
cy for which funds are made available under this Act
shall include in each report of the agency to the Sec-
retary of Energy under section 548(a) of the National
Energy Conservation Policy Act (42 U.S.C. 8258(a))
a description of the results of the activities carried out
under subsection (a) and recommendations concerning
how to further reduce energy costs and energy con-
sumption in the future.
(2) BY SECRETARY OF ENERGY.—The reports re-
quired under paragraph (1) shall be included in the
annual reports required to be submitted to Congress
by the Secretary of Energy under section 548(b) of the
Act (42 U.S.C. 8258(b)).
(3) CONTENTS.—With respect to the period since
the date of the preceding report, a report under para-
graph (1) or (2) shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved;
(C) specify the actions that resulted in the
reductions;
258
(D) with respect to the procurement proce-
dures of the agency, specify what actions have
been taken to—
(i) implement the procurement au-
thorities provided by subsections (a) and (c)
of section 546 of the National Energy Con-
servation Policy Act (42 U.S.C. 8256); and
(ii) incorporate directly, or by ref-
erence, the requirements of the regulations
issued by the Secretary of Energy under
title VIII of the Act (42 U.S.C. 8287 et
seq.); and
(E) specify—
(i) the actions taken by the agency to
achieve the goal specified in subsection
(a)(2);
(ii) the procurement procedures and
methods used by the agency under section
546(a)(2) of the Act (42 U.S.C. 8256(a)(2));
and
(iii) the number of energy savings per-
formance contracts entered into by the agen-
cy under title VIII of the Act (42 U.S.C.
8287 et seq.).
259
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $55,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
INFORMATION INFRASTRUCTURE GRANTS
(RESCISSION)
Of the unobligated balances available under this head-
ing, $36,769,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $152,993,000 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, $140,000,000 are rescinded.
260
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’’.
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
261
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) 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. Preliminary
injunctive relief shall automatically expire on the
date that is 90 days after its entry, unless the court
makes the findings required under subsection (a)(1)
for the entry of prospective relief and makes the order
final before the expiration of the 90-day period.
262
‘‘(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
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