437
(g) RECORDS, REPORTS, AND AUDITS.—
(1) KEEPING OF RECORDS.—Each agency shall
keep such records as the Secretary may prescribe as
reasonably necessary to disclose the amounts and
the disposition of amounts under this demonstration,
to ensure compliance with the requirements of this
section, and to measure performance.
(2) REPORTS.—Each agency shall submit to the
Secretary a report, or series of reports, in a form
and at a time specified by the Secretary. Each re-
port shall—
(A) document the use of funds made avail-
able under this section;
(B) provide such data as the Secretary
may request to assist the Secretary in assessing
the demonstration; and
(C) describe and analyze the effect of as-
sisted activities in addressing the objectives of
this part.
(3) ACCESS
TO
DOCUMENTS
BY
THE
SEC-
RETARY.—The Secretary shall have access for the
purpose of audit and examination to any books, doc-
uments, papers, and records that are pertinent to
assistance in connection with, and the requirements
of, this section.
438
(4) ACCESS
TO
DOCUMENTS
BY
THE
COMP-
TROLLER
GENERAL.—The Comptroller General of
the United States, or any of the duly authorized rep-
resentatives of the Comptroller General, shall have
access for the purpose of audit and examination to
any books, documents, papers, and records that are
pertinent to assistance in connection with, and the
requirements of, this section.
(h) EVALUATION AND REPORT.—
(1) CONSULTATION
WITH
PHA
AND
FAMILY
REPRESENTATIVES.—In
making
assessments
throughout the demonstration, the Secretary shall
consult with representatives of public housing agen-
cies and residents.
(2) REPORT
TO
CONGRESS.—Not later than
180 days after the end of the third year of the dem-
onstration, the Secretary shall submit to the Con-
gress a report evaluating the programs carried out
under the demonstration. The report shall also in-
clude findings and recommendations for any appro-
priate legislative action.
(i) FUNDING
FOR TECHNICAL ASSISTANCE
AND
EVALUATION.—From amounts appropriated for assist-
ance under section 14 of the United States Housing Act
439
of 1937 for fiscal years 1996, 1997, and 1998, the Sec-
retary may use up to a total of $5,000,000—
(1) to provide, directly or by contract, training
and technical assistance—
(A) to public housing agencies that express
an interest to apply for training and technical
assistance pursuant to subsection (c)(4), to as-
sist them in designing programs to be proposed
for the demonstration; and
(B) to up to 10 agencies selected to receive
training and technical assistance pursuant to
subsection (c)(4), to assist them in implement-
ing the approved program; and
(2) to conduct detailed evaluations of the activi-
ties of the public housing agencies under paragraph
(1)(B), directly or by contract.
EXTENSION OF MULTIFAMILY HOUSING FINANCE
PROGRAM
SEC. 205. (a) The first sentence of section 542(b)(5)
of the Housing and Community Development Act of 1992
(12 U.S.C. 1707 note) is amended by striking ‘‘on not
more than 15,000 units over fiscal years 1993 and 1994’’
and inserting ‘‘on not more than 7,500 units during fiscal
year 1996’’.
(b) The first sentence of section 542(c)(4) of the
Housing and Community Development Act of 1992 (12
440
U.S.C. 1707 note) is amended by striking ‘‘on not to ex-
ceed 30,000 units over fiscal years 1993, 1994, and 1995’’
and inserting ‘‘on not more than 10,000 units during fis-
cal year 1996’’.
FORECLOSURE OF HUD-HELD MORTGAGES THROUGH
THIRD PARTIES
SEC. 206. During fiscal year 1996, the Secretary of
Housing and Urban Development may delegate to one or
more entities the authority to carry out some or all of the
functions and responsibilities of the Secretary in connec-
tion with the foreclosure of mortgages held by the Sec-
retary under the National Housing Act.
RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE
PORTFOLIO
THROUGH
STATE
HOUSING
FINANCE
AGENCIES.
SEC. 207. During fiscal year 1996, the Secretary of
Housing and Urban Development may sell or otherwise
transfer multifamily mortgages held by the Secretary
under the National Housing Act to a State housing fi-
nance agency in connection with a program authorized
under section 542 (b) or (c) of the Housing and Commu-
nity Development Act of 1992 without regard to the unit
limitations in section 542(b)(5) or 542(c)(4) of such Act.
441
TRANSFER OF SECTION 8 AUTHORITY
SEC. 208. Section 8 of the United States Housing
Act of 1937 is amended by adding the following new sub-
section at the end:
‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as-
sistance contract under this section, other than a contract
for tenant-based assistance, is terminated or is not re-
newed, or if the contract expires, the Secretary shall, in
order to provide continued assistance to eligible families,
including eligible families receiving the benefit of the
project-based assistance at the time of the termination,
transfer any budget authority remaining in the contract
to another contract. The transfer shall be under such
terms as the Secretary may prescribe.’’.
DOCUMENTATION OF MULTIFAMILY REFINANCINGS
SEC. 209. Notwithstanding the 16th paragraph under
the item relating to ‘‘administrative provisions’’ in title II
of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appro-
priations Act, 1995 (Public Law 103–327; 108 Stat.
2316), the amendments to section 223(a)(7) of the Na-
tional Housing Act made by the 15th paragraph of such
Act shall be effective during fiscal year 1996 and there-
after.
442
FHA MULTIFAMILY DEMONSTRATION AUTHORITY
SEC. 210. (a) On and after October 1, 1995, and be-
fore October 1, 1997, the Secretary of Housing and Urban
Development shall initiate a demonstration program with
respect to multifamily projects whose owners agree to par-
ticipate and whose mortgages are insured under the Na-
tional Housing Act and that are assisted under section
8 of the United States Housing Act of 1937 and whose
present section 8 rents are, in the aggregate, in excess
of the fair market rent of the locality in which the project
is located. These programs shall be designed to test the
feasibility and desirability of the goal of ensuring, to the
maximum extent practicable, that the debt service and op-
erating expenses, including adequate reserves, attributable
to such multifamily projects can be supported with or
without mortgage insurance under the National Housing
Act and with or without above-market rents and utilizing
project-based assistance or, with the consent of the prop-
erty owner, tenant-based assistance, while taking into ac-
count the need for assistance of low- and very low-income
families in such projects. In carrying out this demonstra-
tion, the Secretary may use arrangements with third par-
ties, under which the Secretary may provide for the as-
sumption by the third parties (by delegation, contract, or
443
otherwise) of some or all of the functions, obligations, and
benefits of the Secretary.
(1) GOALS.—The Secretary of Housing and
Urban Development shall carry out the demonstra-
tion programs under this section in a manner that—
(A) will protect the financial interests of
the Federal Government;
(B) will result in significant discretionary
cost savings through debt restructuring and
subsidy reduction; and
(C) will, in the least costly fashion, address
the goals of—
(i) maintaining existing housing stock
in a decent, safe, and sanitary condition;
(ii) minimizing the involuntary dis-
placement of tenants;
(iii) restructuring the mortgages of
such projects in a manner that is consist-
ent with local housing market conditions;
(iv) supporting fair housing strategies;
(v) minimizing any adverse income tax
impact on property owners; and
(vi) minimizing any adverse impact on
residential neighborhoods.
444
In determining the manner in which a mortgage is
to be restructured or the subsidy reduced, the Sec-
retary may balance competing goals relating to indi-
vidual projects in a manner that will further the
purposes of this section.
(2) DEMONSTRATION APPROACHES.—In carry-
ing out the demonstration programs, subject to the
appropriation in subsection (f), the Secretary may
use one or more of the following approaches:
(A) Joint venture arrangements with third
parties, under which the Secretary may provide
for the assumption by the third parties (by del-
egation, contract, or otherwise) of some or all
of the functions, obligations, and benefits of the
Secretary.
(B) Subsidization of the debt service of the
project to a level that can be paid by an owner
receiving an unsubsidized market rent.
(C) Renewal of existing project-based as-
sistance contracts where the Secretary shall ap-
prove proposed initial rent levels that do not ex-
ceed the greater of 120 percent of fair market
rents or comparable market rents for the rel-
evant metropolitan market area or at rent levels
under a budget-based approach.
445
(D)
Nonrenewal
of
expiring
existing
project-based assistance contracts and providing
tenant-based assistance to previously assisted
households.
(b) For purposes of carrying out demonstration pro-
grams under subsection (a)—
(1) the Secretary may manage and dispose of
multifamily properties owned by the Secretary as of
October 1, 1995 and multifamily mortgages held by
the Secretary as of October 1, 1995 for properties
assisted under section 8 with rents above 110 per-
cent of fair market rents without regard to any
other provision of law; and
(2) the Secretary may delegate to one or more
entities the authority to carry out some or all of the
functions and responsibilities of the Secretary in
connection with the foreclosure of mortgages held by
the Secretary under the National Housing Act.
(c) For purposes of carrying out demonstration pro-
grams under subsection (a), subject to such third party
consents (if any) as are necessary including but not lim-
ited to (i) consent by the Government National Mortgage
Association where it owns a mortgage insured by the Sec-
retary; (ii) consent by an issuer under the mortgage-
backed securities program of the Association, subject to
446
the responsibilities of the issuer to its security holders and
the Association under such program; and (iii) parties to
any contractual agreement which the Secretary proposes
to modify or discontinue, and subject to the appropriation
in subsection (c), the Secretary or one or more third par-
ties designated by the Secretary may take the following
actions:
(1) Notwithstanding any other provision of law,
and subject to the agreement of the project owner,
the Secretary or third party may remove, relinquish,
extinguish, modify, or agree to the removal of any
mortgage, regulatory agreement, project-based as-
sistance contract, use agreement, or restriction that
had been imposed or required by the Secretary, in-
cluding restrictions on distributions of income which
the Secretary or third party determines would inter-
fere with the ability of the project to operate without
above market rents. The Secretary or third party
may require an owner of a property assisted under
the section 8 new construction/substantial rehabilita-
tion program to apply any accumulated residual re-
ceipts toward effecting the purposes of this section.
(2) Notwithstanding any other provision of law,
the Secretary of Housing and Urban Development
may enter into contracts to purchase reinsurance, or
447
enter into participations or otherwise transfer eco-
nomic interest in contracts of insurance or in the
premiums paid, or due to be paid, on such insurance
to third parties, on such terms and conditions as the
Secretary may determine.
(3) The Secretary may offer project-based as-
sistance with rents at or below fair market rents for
the locality in which the project is located and may
negotiate such other terms as are acceptable to the
Secretary and the project owner.
(4) The Secretary may offer to pay all or a por-
tion of the project’s debt service, including payments
monthly from the appropriate Insurance Fund, for
the full remaining term of the insured mortgage.
(5) Notwithstanding any other provision of law,
the Secretary may forgive and cancel any FHA-in-
sured mortgage debt that a demonstration program
property cannot carry at market rents while bearing
full operating costs.
(6) For demonstration program properties that
cannot carry full operating costs (excluding debt
service) at market rents, the Secretary may approve
project-based rents sufficient to carry such full oper-
ating costs and may offer to pay the full debt service
in the manner provided in paragraph (4).
448
(d) COMMUNITY AND TENANT INPUT.—In carrying
out this section, the Secretary shall develop procedures to
provide appropriate and timely notice to officials of the
unit of general local government affected, the community
in which the project is situated, and the tenants of the
project.
(e) LIMITATION ON DEMONSTRATION AUTHORITY.—
The Secretary may carry out demonstration programs
under this section with respect to mortgages not to exceed
15,000 units. The demonstration authorized under this
section shall not be expanded until the reports required
under subsection (g) are submitted to the Congress.
(f) APPROPRIATION.—For the cost of modifying loans
held or guaranteed by the Federal Housing Administra-
tion, as authorized by this subsection (a)(2) and sub-
section (c), $30,000,000, to remain available until Sep-
tember 30, 1997: Provided, That such costs shall be as
defined in section 502 of the Congressional Budget Act
of 1974, as amended.
(g) REPORT
TO CONGRESS.—The Secretary shall
submit to the Congress every six months after the date
of enactment of this Act a report describing and assessing
the programs carried out under the demonstrations. The
Secretary shall also submit a final report to the Congress
not later than six months after the end of the demonstra-
449
tions. The reports shall include findings and recommenda-
tions for any legislative action appropriate. The reports
shall also include a description of the status of each multi-
family housing project selected for the demonstrations
under this section. The final report may include—
(1) the size of the projects;
(2) the geographic locations of the projects, by
State and region;
(3) the physical and financial condition of the
projects;
(4) the occupancy profile of the projects, includ-
ing the income, family size, race, and ethnic origin
of current tenants, and the rents paid by such ten-
ants;
(5) a description of actions undertaken pursu-
ant to this section, including a description of the ef-
fectiveness of such actions and any impediments to
the transfer or sale of multifamily housing projects;
(6) a description of the extent to which the
demonstrations under this section have displaced
tenants of multifamily housing projects;
(7) a description of any of the functions per-
formed in connection with this section that are
transferred or contracted out to public or private en-
tities or to States;
450
(8) a description of the impact to which the
demonstrations under this section have affected the
localities and communities where the selected multi-
family housing projects are located; and
(9) a description of the extent to which the
demonstrations under this section have affected the
owners of multifamily housing projects.
ASSESSMENT COLLECTION DATES FOR OFFICE OF
FEDERAL HOUSING ENTERPRISE OVERSIGHT
SEC. 211. Section 1316(b) of the Housing and Com-
munity Development Act of 1992 (12 U.S.C. 4516(b)) is
amended by striking paragraph (2) and inserting the fol-
lowing new paragraph:
‘‘(2) TIMING OF PAYMENT.—The annual assessment
shall be payable semiannually for each fiscal year, on Oc-
tober 1 and April 1.’’.
MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL
OF EXPIRING SECTION 8 SUBSIDY CONTRACTS AND
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
SEC. 212. All remaining obligated and unobligated
balances in the Renewal of Expiring Section 8 Subsidy
Contracts account on September 30, 1995, shall imme-
diately thereafter be transferred to and merged with the
obligated and unobligated balances, respectively, of the
Annual Contributions for Assisted Housing account.
452
ments of 1955. Such public service district is relieved of
all liability to the Government for the outstanding prin-
cipal balance on such loan, for the amount of accrued in-
terest on such loan, and for any fees and charges payable
in connection with such loan.
(d) The Secretary of Housing and Urban Develop-
ment shall cancel indebtedness of Sheehan Memorial Hos-
pital of Buffalo, New York, relating to the Federal Hous-
ing Administration insurance for Project Number 014–
13002 issued under section 242 of the National Housing
Act. Such hospital is relieved of all liability to the Govern-
ment for the outstanding principal balance on such loan,
for the amount of accrued interest on such loan, and for
any fees and charges payable in connection with such loan.
CLARIFICATIONS
SEC. 214. For purposes of Federal law, the Paul Mi-
rabile Center in San Diego, California, including areas
within such Center that are devoted to the delivery of sup-
portive services, has been determined to satisfy the ‘‘con-
tinuum of care’’ requirements of the Department of Hous-
ing and Urban Development, and shall be treated as—
(a) consisting solely of residential units that (i)
contain sleeping accommodations and kitchen and
bathroom facilities, (ii) are located in a building that
is used exclusively to facilitate the transition of
homeless individuals (within the meaning of section
453
103 of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11302), as in effect on Decem-
ber 19, 1989) to independent living within 24
months, (iii) are suitable for occupancy, with each
cubicle constituting a separate bedroom and residen-
tial unit, (iv) are used on other than a transient
basis, and (v) shall be originally placed in service on
November 1, 1995; and
(b) property that is entirely residential rental
property, namely, a project for residential rental
property.
EMPLOYMENT LIMITATIONS
SEC. 215. (a) By the end of fiscal year 1996 the De-
partment of Housing and Urban Development shall em-
ploy no more than seven Assistant Secretaries, notwith-
standing section 4(a) of the Department of Housing and
Urban Development Act.
(b) By the end of fiscal year 1996 the Department
of Housing and Urban Development shall employ no more
than 77 schedule C and 20 non-career senior executive
service employees.
USE OF FUNDS
SEC. 216. (a) Of the $93,400,000 earmarked in Pub-
lic Law 101–144 (103 Stat. 850), as amended by Public
Law 101–302 (104 Stat. 237), for special projects and
purposes, any amounts remaining of the $500,000 made
454
available to Bethlehem House in Highland, California, for
site planning and loan acquisition shall instead be made
available to the County of San Bernardino in California
to assist with the expansion of the Los Padrinos Gang
Intervention Program and the Unity Home Domestic Vio-
lence Shelter.
(b) The amount made available for fiscal year 1995
for the removal of asbestos from an abandoned public
school building in Toledo, Ohio shall be made available
for the renovation and rehabilitation of an industrial
building at the University of Toledo in Toledo, Ohio.
LEAD-BASED PAINT ABATEMENT
SEC. 217. (a) Section 1011 of Title X—Residential
Lead-Based Paint Hazard Reduction Act of 1992 is
amended as follows: Strike ‘‘priority housing’’ wherever it
appears in said section and insert ‘‘housing’’.
(b) Section 1011(a) shall be amended as follows: At
the end of the subsection after the period, insert: ‘‘Grants
shall only be made under this section to provide assistance
for housing which meets the following criteria—
‘‘(1) for grants made to assist rental housing,
at least 50 percent of the units must be occupied by
or made available to families with incomes at or
below 50 percent of the area median income level
and the remaining units shall be occupied or made
available to families with incomes at or below 80
455
percent of the area median income level, and in all
cases the landlord shall give priority in renting units
assisted under this section, for not less than 3 years
following the completion of lead abatement activities,
to families with a child under the age of six years,
except that buildings with five or more units may
have 20 percent of the units occupied by families
with incomes above 80 percent of area median in-
come level;
‘‘(2) for grants made to assist housing owned
by owner-occupants, all units assisted with grants
under this section shall be the principal residence of
families with income at or below 80 percent of the
area median income level, and not less than 90 per-
cent of the units assisted with grants under this sec-
tion shall be occupied by a child under the age of
six years or shall be units where a child under the
age of six years spends a significant amount of time
visiting; and
‘‘(3) notwithstanding paragraphs (1) and (2),
Round II grantees who receive assistance under this
section may use such assistance for priority hous-
ing.’’.
456
EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS
WITH PHAS
SEC. 218. Section 9(a)(3)(B)(i) of the United States
Housing Act of 1937 is amended by striking ‘‘for a period
not to exceed 6 years’’.
MORTGAGE NOTE SALES
SEC.
219.
The
first
sentence
of
section
221(g)(4)(C)(viii) of the National Housing Act is amended
by striking ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
REPEAL OF FROST-LELAND
SEC. 220. Section 415 of the Department of Housing
and Urban Development—Independent Agencies Appro-
priations Act, 1988 (Public Law 100–202; 101 Stat.
1329–213) is repealed.
FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM
SEC. 221. Section 230(d) of the National Housing
Act is amended by striking ‘‘the Departments’’ and all
that follows through ‘‘1996’’ and inserting ‘‘The Balanced
Budget Downpayment Act, I’’.
SPENDING LIMITATIONS
SEC. 222. (a) None of the funds in this Act may be
used by the Secretary to impose any sanction, or penalty
because of the enactment of any State or local law or regu-
lation declaring English as the official language.
457
(b) No part of any appropriation contained in this
Act shall be used for lobbying activities as prohibited by
law.
TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF
JUSTICE
SEC. 223. All functions, activities and responsibilities
of the Secretary of Housing and Urban Development re-
lating to title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988,
and the Fair Housing Act, including any rights guaran-
teed under the Fair Housing Act (including any functions
relating to the Fair Housing Initiatives program under
section 561 of the Housing and Community Development
Act of 1987), are hereby transferred to the Attorney Gen-
eral of the United States effective April 1, 1997: Provided,
That none of the aforementioned authority or responsibil-
ity for enforcement of the Fair Housing Act shall be trans-
ferred to the Attorney General until adequate personnel
and resources allocated to such activity at the Department
of Housing and Urban Development are transferred to the
Department of Justice.
SEC. 224. None of the funds provided in this Act may
be used during fiscal year 1996 to investigate or prosecute
under the Fair Housing Act (42 U.S.C. 3601, et seq.) any
otherwise lawful activity engaged in by one or more per-
sons, including the filing or maintaining of non-frivolous
458
legal action, that is engaged in solely for the purposes of
achieving or preventing action by a Government official,
entity, or court of competent jurisdiction.
SEC. 225. None of the funds provided in this Act
many be used to take any enforcement action with respect
to a complaint of discrimination under the Fair Housing
Act (42 U.S.C. 3601, et seq.) on the basis of familial sta-
tus and which involves an occupancy standard established
by the housing provider except to the extent that it is
found that there has been discrimination in contravention
of the standards provided in the March 20, 1991 Memo-
randum from the General Counsel of the Department of
Housing and Urban Development to all Regional Counsel
or until such time that HUD issues a final rule in accord-
ance with section 553 of title 5, United States Code.
CDBG ELIGIBLE ACTIVITIES
SEC. 226. Section 105(a) of the Housing and Com-
munity Development Act of 1974 (42 U.S.C. 5305(a)) is
amended—
(1) in paragraph (4)—
(A) by inserting ‘‘reconstruction,’’ after
‘‘removal,’’; and
(B) by striking ‘‘acquisition for rehabilita-
tion, and rehabilitation’’ and inserting ‘‘acquisi-
tion for reconstruction or rehabilitation, and re-
construction or rehabilitation’’;
459
(2) in paragraph (13), by striking ‘‘and’’ at the
end;
(3) by striking paragraph (19);
(4) in paragraph (24), by striking ‘‘and’’ at the
end;
(5) in paragraph (25), by striking the period at
the end and inserting ‘‘; and’’;
(6) by redesignating paragraphs (20) through
(25) as paragraphs (19) through (24), respectively;
and
(7) by redesignating paragraph (21) (as added
by section 1012(f)(3) of the Housing and Commu-
nity Development Act of 1992) as paragraph (25).
TITLE III
INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the American Battle Monuments Commission, including
the acquisition of land or interest in land in foreign coun-
tries; purchases and repair of uniforms for caretakers of
national cemeteries and monuments outside of the United
States and its territories and possessions; rent of office
and garage space in foreign countries; purchase (one for
replacement only) and hire of passenger motor vehicles;
460
and insurance of official motor vehicles in foreign coun-
tries,
when
required
by
law
of
such
countries;
$20,265,000, to remain available until expended: Pro-
vided, That where station allowance has been authorized
by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the same al-
lowance shall be authorized for officers of the Armed
Forces assigned to the Commission while serving at the
same foreign stations, and this appropriation is hereby
made available for the payment of such allowance: Pro-
vided further, That when traveling on business of the Com-
mission, officers of the Armed Forces serving as members
or as Secretary of the Commission may be reimbursed for
expenses as provided for civilian members of the Commis-
sion: Provided further, That the Commission shall reim-
burse other Government agencies, including the Armed
Forces, for salary, pay, and allowances of personnel as-
signed to it.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product
Safety Commission, including hire of passenger motor ve-
hicles, services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the rate for GS–18, purchase of nominal awards
461
to recognize non-Federal officials’ contributions to Com-
mission activities, and not to exceed $500 for official re-
ception and representation expenses, $40,000,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
For necessary expenses for the Corporation for Na-
tional and Community Service in carrying out the orderly
termination of programs, activities, and initiatives under
the National and Community Service Act of 1990, as
amended (Public Law 103–82), $15,000,000: Provided,
That such amount shall be utilized to resolve all respon-
sibilities and obligations in connection with said Corpora-
tion and the Corporation’s Office of Inspector General:
Provided further, That such amount shall cease to be avail-
able for obligation upon the date of implementation of title
IV of this Act, and any portion of such amount obligated
before such date shall be charged against the appropria-
tion made under this heading in title IV of this Act.
COURT OF VETERANS APPEALS
SALARIES AND EXPENSES
For necessary expenses for the operation of the
United States Court of Veterans Appeals as authorized
by 38 U.S.C. sections 7251–7292, $9,000,000, of which
not to exceed $678,000, to remain available until Septem-
462
ber 30, 1997, shall be available for the purpose of provid-
ing financial assistance as described, and in accordance
with the process and reporting procedures set forth, under
this head in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington
National Cemetery and Soldiers’ and Airmen’s Home Na-
tional Cemetery, and not to exceed $1,000 for official re-
ception and representation expenses; $11,946,000, to re-
main available until expended.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environ-
mental Response, Compensation and Liability Act of 1980
(CERCLA), as amended; necessary expenses for personnel
and related costs and travel expenses, including uniforms,
or allowances therefore, as authorized by 5 U.S.C. 5901–
5902; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the rate for GS–18; procurement of laboratory
463
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration,
repair, rehabilitation and renovation of facilities, not to
exceed $75,000 per project; $525,000,000, which shall re-
main available until September 30, 1997.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, in-
cluding necessary expenses, not otherwise provided for, for
personnel and related costs and travel expenses, including
uniforms, or allowances therefore, as authorized by 5
U.S.C. 5901–5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for GS–18; hire of pas-
senger motor vehicles; hire, maintenance, and operation
of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to mem-
bers only or at a price to members lower than to subscrib-
ers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$75,000 per project; and not to exceed $6,000 for official
reception and representation expenses; $1,550,300,000,
which shall remain available until September 30, 1997:
Provided, That, notwithstanding any other provision of
law, for this fiscal year and hereafter, an industrial dis-
charger that is a pharmaceutical manufacturing facility
and discharged to the Kalamazoo Water Reclamation
464
Plant (an advanced wastewater treatment plant with acti-
vated carbon) prior to the date of enactment of this Act
may be exempted from categorical pretreatment standards
under section 307(b) of the Federal Water Pollution Con-
trol Act, as amended, if the following conditions are met:
(1) The owner or operator of the Kalamazoo
Water Reclamation Plant applies to the State of
Michigan for an exemption for such industrial dis-
charger.
(2) The State or Administrator, as applicable,
approves such exemption request based upon a de-
termination that the Kalamazoo Water Reclamation
Plant will provide treatment and pollution removal
equivalent to or better than that which would be re-
quired through a combination of pretreatment by
such industrial discharger and treatment by the
Kalamazoo Water Reclamation Plant in the absence
of the exemption.
(3) Compliance with paragraph (2) is addressed
by the provisions and conditions of a permit issued
to the Kalamazoo Water Reclamation Plant under
section 402 of such Act, and there exists an opera-
tive financial contract between the City of Kala-
mazoo and the industrial user and an approved local
pretreatment program, including a joint monitoring
465
program and local controls to prevent against inter-
ference and pass through.
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, and for construction,
alteration, repair, rehabilitation, and renovation of facili-
ties, not to exceed $75,000 per project, $28,500,000.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of,
or
use
by,
the
Environmental
Protection
Agency,
$60,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
the Environmental Protection Agency (EPA) shall: (1)
transfer all real property acquired in Bay City, Michigan,
for the creation of the Center for Ecology, Research and
Training (CERT) to the City of Bay City or other local
public or municipal entity; and (2) make a grant in fiscal
year 1996 to the recipient of the property of not less than
$3,000,000 from funds previously appropriated for the
CERT project for the purposes of environmental remedi-
ation and rehabilitation of real property included in the
boundaries of the CERT project: Provided further, That
the disposition of property shall be by donation or no-cost
transfer and shall be made to the City of Bay City, Michi-
466
gan or other local public or municipal entity: Provided fur-
ther, That notwithstanding any other provision of law,
EPA shall have the authority to demolish or dispose of
any improvements on such real property, or to donate, sell,
or transfer any personal property or improvements on
such real property to members of the general public, by
auction or public sale, and to apply any funds received
to costs related to the transfer of the real property author-
ized hereunder.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation and Liability
Act of 1980 (CERCLA), as amended, including sections
111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611),
and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
not to exceed $1,163,400,000, to remain available until
expended, consisting of $913,400,000 as authorized by
section 517(a) of the Superfund Amendments and Reau-
thorization Act of 1986 (SARA), as amended by Public
Law 101–508, and $250,000,000 as a payment from gen-
eral revenues to the Hazardous Substance Superfund as
authorized by section 517(b) of SARA, as amended by
Public Law 101–508: Provided, That funds appropriated
under this heading may be allocated to other Federal
467
agencies in accordance with section 111(a) of CERCLA:
Provided further, That $11,000,000 of the funds appro-
priated under this heading shall be transferred to the Of-
fice of Inspector General appropriation to remain available
until September 30, 1996: Provided further, That notwith-
standing section 111(m) of CERCLA or any other provi-
sion of law, not to exceed $59,000,000 of the funds appro-
priated under this heading shall be available to the Agency
for Toxic Substances and Disease Registry to carry out
activities described in sections 104(i), 111(c)(4), and
111(c)(14)
of
CERCLA
and
section
118(f)
of
the
Superfund Amendments and Reauthorization Act of 1986:
Provided further, That none of the funds appropriated
under this heading shall be available for the Agency for
Toxic Substances and Disease Registry to issue in excess
of 40 toxicological profiles pursuant to section 104(i) of
CERCLA during fiscal year 1996: Provided further, That
none of the funds made available under this heading may
be used by the Environmental Protection Agency to pro-
pose for listing or to list any additional facilities on the
National Priorities List established by section 105 of the
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), as amended (42 U.S.C.
9605), unless the Administrator receives a written request
to propose for listing or to list a facility from the Governor
468
of the State in which the facility is located, or unless legis-
lation to reauthorize CERCLA is enacted.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sec-
tion 205 of the Superfund Amendments and Reauthoriza-
tion Act of 1986, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$75,000 per project, $45,827,000, to remain available
until expended: Provided, That no more than $7,000,000
shall be available for administrative expenses: Provided
further, That $500,000 shall be transferred to the Office
of Inspector General appropriation to remain available
until September 30, 1996.
OIL SPILL RESPONSE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil
Pollution Act of 1990, $15,000,000, to be derived from
the Oil Spill Liability trust fund, and to remain available
until expended: Provided, That not more than $8,000,000
of these funds shall be available for administrative ex-
penses.
469
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing
funds
and
performance
partnership
grants,
$2,323,000,000, to remain available until expended, of
which $1,400,000,000 shall be for making capitalization
grants for State revolving funds to support water infra-
structure financing; $100,000,000 for architectural, engi-
neering, design, construction and related activities in con-
nection with the construction of high priority water and
wastewater facilities in the area of the United States-Mex-
ico Border, after consultation with the appropriate border
commission; $50,000,000 for grants to the State of Texas,
which shall be matched by an equal amount of State funds
from State resources, for the purpose of improving
wastewater treatment for colonias; $15,000,000 for grants
to the State of Alaska, subject to an appropriate cost
share as determined by the Administrator, to address
wastewater infrastructure needs of rural and Alaska Na-
tive villages; and $100,000,000 for making grants for the
construction of wastewater treatment facilities and the de-
velopment of groundwater in accordance with the terms
and conditions specified for such grants in the Conference
Report accompanying this Act (H.R. 2099): Provided,
That beginning in fiscal year 1996 and each fiscal year
470
thereafter, and notwithstanding any other provision of
law, the Administrator is authorized to make grants annu-
ally from funds appropriated under this heading, subject
to such terms and conditions as the Administrator shall
establish, to any State or federally recognized Indian tribe
for multimedia or single media pollution prevention, con-
trol and abatement and related environmental activities at
the request of the Governor or other appropriate State of-
ficial or the tribe: Provided further, That from funds ap-
propriated under this heading, the Administrator may
make grants to federally recognized Indian governments
for the development of multimedia environmental pro-
grams: Provided further, That of the $1,400,000,000 for
capitalization grants for State revolving funds to support
water infrastructure financing, $275,000,000 shall be for
drinking water State revolving funds, but if no drinking
water State revolving fund legislation is enacted by June
1, 1996, these funds shall immediately be available for
making capitalization grants under title VI of the Federal
Water Pollution Control Act, as amended: Provided fur-
ther, That of the funds made available in Public Law 103–
327 and in Public Law 103–124 for capitalization grants
for State revolving funds to support water infrastructure
financing, $225,000,000 shall be made available for cap-
italization grants for State revolving funds under title VI
471
of
the
Federal
Water
Pollution
Control
Act,
as
amended, if no drinking water State revolving fund legisla-
tion is enacted by June 1, 1996: Provided further, That
of the funds made available under this heading for capital-
ization grants for State Revolving Funds under title VI
of the Federal Water Pollution Control Act, as amended,
$50,000,000 shall be for wastewater treatment in impov-
erished communities pursuant to section 102(d) of H.R.
961 as approved by the United States House of Represent-
atives on May 16, 1995: Provided further, That of the
funds appropriated in the Construction Grants and Water
Infrastructure/State Revolving Funds accounts since the
appropriation for the fiscal year ending September 30,
1992, and hereafter, for making grants for wastewater
treatment works construction projects, portions may be
provided by the recipients to States for managing con-
struction grant activities, on condition that the States
agree to reimburse the recipients from State funding
sources: Provided further, That the funds made available
in Public Law 103–327 for a grant to the City of Mt.
Arlington, New Jersey, in accordance with House Report
103–715, shall be available for a grant to that city for
water and sewer improvements.
ADMINISTRATIVE PROVISIONS
SEC. 301. None of the funds provided in this Act may
be used within the Environmental Protection Agency for
472
any final action by the Administrator or her delegate for
signing and publishing for promulgation of a rule concern-
ing any new standard for radon in drinking water.
SEC. 302. None of the funds provided in this Act may
be used during fiscal year 1996 to sign, promulgate, im-
plement or enforce the requirement proposed as ‘‘Regula-
tion of Fuels and Fuel Additives: Individual Foreign Re-
finery Baseline Requirements for Reformulated Gasoline’’
at volume 59 of the Federal Register at pages 22800
through 22814.
SEC. 303. None of the funds appropriated to the En-
vironmental Protection Agency for fiscal year 1996 may
be used to implement section 404(c) of the Federal Water
Pollution Control Act, as amended. No pending action by
the Environmental Protection Agency to implement sec-
tion 404(c) with respect to an individual permit shall re-
main in effect after the date of enactment of this Act.
SEC. 304. None of the funds appropriated under this
Act may be used to implement the requirements of section
186(b)(2), section 187(b) or section 211(m) of the Clean
Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m))
with respect to any moderate nonattainment area in which
the average daily winter temperature is below 0 degrees
Fahrenheit. The preceding sentence shall not be inter-
preted to preclude assistance from the Environmental Pro-
473
tection Agency to the State of Alaska to make progress
toward meeting the carbon monoxide standard in such
areas and to resolve remaining issues regarding the use
of oxygenated fuels in such areas.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the Na-
tional Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire
of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference
rooms in the District of Columbia, $4,981,000: Provided,
That the Office of Science and Technology Policy shall
reimburse other agencies for not less than one-half of the
personnel compensation costs of individuals detailed to it.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office
of Environmental Quality pursuant to the National Envi-
ronmental Policy Act of 1969, the Environmental Im-
provement Act of 1970 and Reorganization Plan No. 1
of 1977, $1,500,000.
474
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For necessary expenses in carrying out the functions
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $222,000,000,
to remain available until expended.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For the cost of direct loans, $2,155,000, as author-
ized by section 319 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to sub-
sidize gross obligations for the principal amount of direct
loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out
the direct loan program, $95,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles (31 U.S.C.
1343); uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for GS–18; expenses of
attendance of cooperating officials and individuals at
475
meetings concerned with the work of emergency prepared-
ness; transportation in connection with the continuity of
Government programs to the same extent and in the same
manner as permitted the Secretary of a Military Depart-
ment under 10 U.S.C. 2632; and not to exceed $2,500
for
official
reception
and
representation
expenses;
$168,900,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,673,000.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For necessary expenses, not otherwise provided for,
to carry out activities under the National Flood Insurance
Act of 1968, as amended, and the Flood Disaster Protec-
tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C.
7701 et seq.), the Federal Fire Prevention and Control
Act of 1974, as amended (15 U.S.C. 2201 et seq.), the
Defense Production Act of 1950, as amended (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947, as amended (50 U.S.C. 404–405),
and Reorganization Plan No. 3 of 1978, $203,044,000.
476
EMERGENCY FOOD AND SHELTER PROGRAM
There is hereby appropriated $100,000,000 to the
Federal Emergency Management Agency to carry out an
emergency food and shelter program pursuant to title III
of Public Law 100–77, as amended: Provided, That total
administrative costs shall not exceed three and one-half
per centum of the total appropriation.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance
Act of 1968, the Flood Disaster Protection Act of 1973,
and the National Flood Insurance Reform Act of 1994,
not to exceed $20,562,000 for salaries and expenses asso-
ciated with flood mitigation and flood insurance oper-
ations, and not to exceed $70,464,000 for flood mitigation,
including up to $12,000,000 for expenses under section
1366 of the National Flood Insurance Act of 1968, as
amended, which amount shall be available until September
30, 1997. In fiscal year 1996, no funds in excess of (1)
$47,000,000 for operating expenses, (2) $292,526,000 for
agents’ commissions and taxes, and (3) $3,500,000 for in-
terest on Treasury borrowings shall be available from the
National Flood Insurance Fund without prior notice to the
Committees on Appropriations.
ADMINISTRATIVE PROVISION
The Director of the Federal Emergency Management
Agency shall promulgate through rulemaking a methodol-
477
ogy for assessment and collection of fees to be assessed
and collected beginning in fiscal year 1996 applicable to
persons subject to the Federal Emergency Management
Agency’s radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section
during fiscal year 1996 shall approximate, but not be less
than, 100 per centum of the amounts anticipated by the
Federal Emergency Management Agency to be obligated
for its radiological emergency preparedness program for
such fiscal year. The methodology for assessment and col-
lection of fees shall be fair and equitable, and shall reflect
the full amount of costs of providing radiological emer-
gency planning, preparedness, response and associated
services. Such fees will be assessed in a manner that re-
flects the use of agency resources for classes of regulated
persons and the administrative costs of collecting such
fees. Fees received pursuant to this section shall be depos-
ited in the general fund of the Treasury as offsetting re-
ceipts. Assessment and collection of such fees are only au-
thorized during fiscal year 1996.
GENERAL SERVICES ADMINISTRATION
CONSUMER INFORMATION CENTER
For necessary expenses of the Consumer Information
Center, including services authorized by 5 U.S.C. 3109,
$2,061,000, to be deposited into the Consumer Informa-
478
tion Center Fund: Provided, That the appropriations, rev-
enues and collections deposited into the fund shall be
available for necessary expenses of Consumer Information
Center activities in the aggregate amount of $7,500,000.
Administrative expenses of the Consumer Information
Center in fiscal year 1996 shall not exceed $2,602,000.
Appropriations, revenues, and collections accruing to this
fund during fiscal year 1996 in excess of $7,500,000 shall
remain in the fund and shall not be available for expendi-
ture except as authorized in appropriations Acts.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
For necessary expenses, not otherwise provided for,
in the conduct and support of human space flight research
and development activities, including research; develop-
ment; operations; services; maintenance; construction of
facilities including repair, rehabilitation, and modification
of real and personal property, and acquisition or con-
demnation of real property, as authorized by law; space
flight, spacecraft control and communications activities in-
cluding operations, production, and services; and pur-
chase, lease, charter, maintenance, and operation of mis-
sion and administrative aircraft; $5,456,600,000, to re-
main available until September 30, 1997.
479
SCIENCE, AERONAUTICS AND TECHNOLOGY
For necessary expenses, not otherwise provided for,
for the conduct and support of science, aeronautics, and
technology research and development activities, including
research; development; operations; services; maintenance;
construction of facilities including repair, rehabilitation
and modification of real and personal property, and acqui-
sition or condemnation of real property, as authorized by
law; space flight, spacecraft control and communications
activities including operations, production, and services;
and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft; $5,845,900,000, to
remain available until September 30, 1997.
MISSION SUPPORT
For necessary expenses, not otherwise provided for,
in carrying out mission support for human space flight
programs and science, aeronautical, and technology pro-
grams, including research operations and support; space
communications activities including operations, produc-
tion, and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of facili-
ties, minor construction of new facilities and additions to
existing facilities, facility planning and design, environ-
mental compliance and restoration, and acquisition or con-
demnation of real property, as authorized by law; program
management; personnel and related costs, including uni-
480
forms or allowances therefor, as authorized by law (5
U.S.C. 5901–5902); travel expenses; purchase, lease,
charter, maintenance, and operation of mission and ad-
ministrative aircraft; not to exceed $35,000 for official re-
ception and representation expenses; and purchase (not to
exceed thirty-three for replacement only) and hire of pas-
senger motor vehicles; $2,502,200,000, to remain avail-
able until September 30, 1997.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $16,000,000.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Human space flight’’, ‘‘Science,
aeronautics and technology’’, or ‘‘Mission support’’ by this
appropriations Act, when any activity has been initiated
by the incurrence of obligations for construction of facili-
ties as authorized by law, the amount available for such
activity shall remain available until expended. This provi-
sion does not apply to the amounts appropriated in ‘‘Mis-
sion support’’ pursuant to the authorization for repair, re-
habilitation and modification of facilities, minor construc-
tion of new facilities and additions to existing facilities,
and facility planning and design.
481
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Human space flight’’, ‘‘Science,
aeronautics and technology’’, or ‘‘Mission support’’ by this
appropriations Act, the amounts appropriated for con-
struction of facilities shall remain available until Septem-
ber 30, 1998.
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Mission support’’ and ‘‘Office of
Inspector General’’, amounts made available by this Act
for personnel and related costs and travel expenses of the
National Aeronautics and Space Administration shall re-
main available until September 30, 1996 and may be used
to enter into contracts for training, investigations, cost as-
sociated with personnel relocation, and for other services,
to be provided during the next fiscal year.
The unexpired balances of prior appropriations to
NASA for activities for which funds are provided under
this Act may be transferred to the new account established
for the appropriation that provides funds for such activity
under this Act. Balances so transferred may be merged
with funds in the newly established account and thereafter
may be accounted for as one fund to be available for the
same purposes and under the same terms and conditions.
Upon the determination by the Administrator that
such action is necessary, the Administrator may, with the
482
approval of the Office of Management and Budget, trans-
fer not to exceed $50,000,000 of funds made available in
this Act to the National Aeronautics and Space Adminis-
tration between such appropriations or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion to which transferred: Provided, That such authority
to transfer may not be used unless for higher priority
items, based on unforeseen requirements, than those for
which originally appropriated: Provided further, That the
Administrator of the National Aeronautics and Space Ad-
ministration shall notify the Congress promptly of all
transfers made pursuant to this authority.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 1996, gross obligations of the
Central Liquidity Facility for the principal amount of new
direct loans to member credit unions as authorized by the
National Credit Union Central Liquidity Facility Act (12
U.S.C. 1795) shall not exceed $600,000,000: Provided,
That administrative expenses of the Central Liquidity Fa-
cility in fiscal year 1996 shall not exceed $560,000.
483
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the purposes
of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861–1875), and the Act to establish
a National Medal of Science (42 U.S.C. 1880–1881); serv-
ices as authorized by 5 U.S.C. 3109; maintenance and op-
eration of aircraft and purchase of flight services for re-
search support; acquisition of aircraft; $2,274,000,000, of
which not to exceed $235,000,000 shall remain available
until expended for Polar research and operations support,
and for reimbursement to other Federal agencies for oper-
ational and science support and logistical and other relat-
ed activities for the United States Antarctic program; the
balance to remain available until September 30, 1997:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research fa-
cilities may be credited to this appropriation: Provided fur-
ther, That to the extent that the amount appropriated is
less than the total amount authorized to be appropriated
for included program activities, all amounts, including
floors and ceilings, specified in the authorizing Act for
those program activities or their subactivities shall be re-
duced proportionally.
484
MAJOR RESEARCH EQUIPMENT
For necessary expenses in carrying out major con-
struction projects, and related expenses, pursuant to the
purposes of the National Science Foundation Act of 1950,
as amended (42 U.S.C. 1861–1875), $70,000,000, to re-
main available until expended.
ACADEMIC RESEARCH INFRASTRUCTURE
For necessary expenses in carrying out an academic
research infrastructure program pursuant to the purposes
of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861–1875), including services as
authorized by 5 U.S.C. 3109 and rental of conference
rooms in the District of Columbia, $100,000,000, to re-
main available until September 30, 1997.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861–
1875), including services as authorized by 5 U.S.C. 3109
and rental of conference rooms in the District of Colum-
bia, $599,000,000, to remain available until September
30, 1997: Provided, That to the extent that the amount
of this appropriation is less than the total amount author-
ized to be appropriated for included program activities, all
amounts, including floors and ceilings, specified in the au-
485
thorizing
Act
for
those
program
activities
or
their
subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For necessary salaries and expenses in carrying out
the purposes of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861–1875); services au-
thorized by 5 U.S.C. 3109; hire of passenger motor vehi-
cles; not to exceed $9,000 for official reception and rep-
resentation expenses; uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901–5902); rental of con-
ference rooms in the District of Columbia; reimbursement
of the General Services Administration for security guard
services; $127,310,000: Provided, That contracts may be
entered into under salaries and expenses in fiscal year
1996 for maintenance and operation of facilities, and for
other services, to be provided during the next fiscal year.
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, $4,490,000, to remain
available until September 30, 1997.
NATIONAL SCIENCE FOUNDATION HEADQUARTERS
RELOCATION
For necessary support of the relocation of the Na-
tional Science Foundation, $5,200,000: Provided, That
these funds shall be used to reimburse the General Serv-
486
ices Administration for services and related acquisitions
in support of relocating the National Science Foundation.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
CORPORATION
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities,
as authorized by the Neighborhood Reinvestment Corpora-
tion Act (42 U.S.C. 8101–8107), $38,667,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service Sys-
tem, including expenses of attendance at meetings and of
training for uniformed personnel assigned to the Selective
Service System, as authorized by law (5 U.S.C. 4101–
4118) for civilian employees; and not to exceed $1,000 for
official
reception
and
representation
expenses;
$22,930,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever he deems such
action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by
the Act may be expended for or in connection with the
induction of any person into the Armed Forces of the
United States.
487
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are
hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each
such corporation or agency and in accord with law, and
to make such contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the
Act as may be necessary in carrying out the programs set
forth in the budget for 1996 for such corporation or agen-
cy except as hereinafter provided: Provided, That collec-
tions of these corporations and agencies may be used for
new loan or mortgage purchase commitments only to the
extent expressly provided for in this Act (unless such loans
are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this pro-
viso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial in-
terest of the United States Government.
488
RESOLUTION TRUST CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
SEC. 501. Where appropriations in titles I, II, and
III of this Act are expendable for travel expenses and no
specific limitation has been placed thereon, the expendi-
tures for such travel expenses may not exceed the amounts
set forth therefor in the budget estimates submitted for
the appropriations: Provided, That this section shall not
apply to travel performed by uncompensated officials of
local boards and appeal boards of the Selective Service
System; to travel performed directly in connection with
care and treatment of medical beneficiaries of the Depart-
ment of Veterans Affairs; to travel performed in connec-
tion with major disasters or emergencies declared or deter-
mined by the President under the provisions of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act; to travel performed by the Offices of Inspector Gen-
eral in connection with audits and investigations; or to
payments to interagency motor pools where separately set
forth in the budget schedules: Provided further, That if
489
appropriations in titles I, II, and III exceed the amounts
set forth in budget estimates initially submitted for such
appropriations, the expenditures for travel may cor-
respondingly exceed the amounts therefor set forth in the
estimates in the same proportion.
SEC. 502. Appropriations and funds available for the
administrative expenses of the Department of Housing
and Urban Development and the Selective Service System
shall be available in the current fiscal year for purchase
of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902); hire of passenger motor vehicles;
and services as authorized by 5 U.S.C. 3109.
SEC. 503. Funds of the Department of Housing and
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of
1950 shall be available, without regard to the limitations
on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for
services and facilities of Federal National Mortgage Asso-
ciation, Government National Mortgage Association, Fed-
eral Home Loan Mortgage Corporation, Federal Financ-
ing Bank, Resolution Trust Corporation, Federal Reserve
banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal
490
Deposit Insurance Corporation Act, as amended (12
U.S.C. 1811–1831).
SEC. 504. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 505. No funds appropriated by this Act may be
expended—
(1) pursuant to a certification of an officer or
employee of the United States unless—
(A) such certification is accompanied by,
or is part of, a voucher or abstract which de-
scribes the payee or payees and the items or
services for which such expenditure is being
made, or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit
by the General Accounting Office or is specifically
exempt by law from such audit.
SEC. 506. None of the funds provided in this Act to
any department or agency may be expended for the trans-
portation of any officer or employee of such department
or agency between his domicile and his place of employ-
491
ment, with the exception of any officer or employee au-
thorized such transportation under title 31, United States
Code, section 1344.
SEC. 507. None of the funds provided in this Act may
be used for payment, through grants or contracts, to re-
cipients that do not share in the cost of conducting re-
search resulting from proposals not specifically solicited
by the Government: Provided, That the extent of cost
sharing by the recipient shall reflect the mutuality of in-
terest of the grantee or contractor and the Government
in the research.
SEC. 508. None of the funds provided in this Act may
be used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grant-
ee) at more than the daily equivalent of the rate paid for
Level IV of the Executive Schedule, unless specifically au-
thorized by law.
SEC. 509. None of the funds in this Act shall be used
to pay the expenses of, or otherwise compensate, non-Fed-
eral parties intervening in regulatory or adjudicatory pro-
ceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section
7 of the Consumer Product Safety Act (15 U.S.C. 2056
et seq.).
492
SEC. 510. Except as otherwise provided under exist-
ing law or under an existing Executive order issued pursu-
ant to an existing law, the obligation or expenditure of
any appropriation under this Act for contracts for any
consulting service shall be limited to contracts which are
(1) a matter of public record and available for public in-
spection, and (2) thereafter included in a publicly available
list of all contracts entered into within twenty-four months
prior to the date on which the list is made available to
the public and of all contracts on which performance has
not been completed by such date. The list required by the
preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be per-
formed under each such contract.
SEC. 511. Except as otherwise provided by law, no
part of any appropriation contained in this Act shall be
obligated or expended by any executive agency, as referred
to in the Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.) for a contract for services unless such
executive agency (1) has awarded and entered into such
contract in full compliance with such Act and the regula-
tions promulgated thereunder, and (2) requires any report
prepared pursuant to such contract, including plans, eval-
uations, studies, analyses and manuals, and any report
prepared by the agency which is substantially derived from
493
or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the
contract pursuant to which the report was prepared, and
(B) the contractor who prepared the report pursuant to
such contract.
SEC. 512. Except as otherwise provided in section
506, none of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to
any officer or employee of such department or agency.
SEC. 513. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to procure passenger automobiles as defined in 15 U.S.C.
2001 with an EPA estimated miles per gallon average of
less than 22 miles per gallon.
SEC. 514. Such sums as may be necessary for fiscal
year 1996 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 515. None of the funds appropriated in title I
of this Act shall be used to enter into any new lease of
real property if the estimated annual rental is more than
$300,000 unless the Secretary submits, in writing, a re-
port to the Committees on Appropriations of the Congress
and a period of 30 days has expired following the date
494
on which the report is received by the Committees on Ap-
propriations.
SEC.
516.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
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. 517. None of the funds appropriated in this Act
may be used to implement any cap on reimbursements to
grantees for indirect costs, except as published in Office
of Management and Budget Circular A–21.
SEC. 518. None of the funds made available in this
Act may be used for any program, project, or activity,
when it is made known to the Federal entity or official
to which the funds are made available that the program,
project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private
property rights, or unfunded mandates.
495
SEC. 519. In fiscal year 1996, the Director of the
Federal Emergency Management Agency shall sell the dis-
aster housing inventory of mobile homes and trailers, and
the proceeds thereof shall be deposited in the Treasury.
SEC. 520. Such funds as may be necessary to carry
out the orderly termination of the Office of Consumer Af-
fairs shall be made available from funds appropriated to
the Department of Health and Human Services for fiscal
year 1996.
This Act may be cited as the ‘‘Departments of Veter-
ans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996’’.
SEC. 102. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) the enactment into law of an appropriation for any
project or activity provided for in this title of this Act,
or (b) the enactment into law of the applicable appropria-
tions Act by both Houses without any provision for such
project or activity, or (c) September 30, 1996, whichever
first occurs.
SEC. 103. Appropriations made and authority grant-
ed pursuant to this title of this Act shall cover all obliga-
tions or expenditures incurred for any program, project,
496
or activity during the period for which funds or authority
for such project or activity are available under this title
of this Act.
SEC. 104. Expenditures made pursuant to this title
of this Act shall be charged to the applicable appropria-
tion, fund, or authorization whenever a bill in which such
applicable appropriation, fund, or authorization is con-
tained is enacted into law.
SEC. 105. Upon enactment of this Act, the following
provisions of Public Law 104–99, Public Law 104–92, and
Public Law 104–91 that would continue to have effect
after March 15, 1996, are superseded: section 101 of Pub-
lic Law 104–92; section 101(a) of Public Law 104–91,
as amended, except the paragraphs dealing with funding
of National Institutes of Health activities and Centers for
Disease Control and Prevention activities, and except for
the general provisions enacted in the amendment to Public
Law 104–91 included in Public Law 104–99; and sections
123, 124, and 201 of Public Law 104–99.
SEC. 106. Section 119 of Public Law 104–99 is here-
by repealed.
SEC. 107. Title I of Public Law 104–52 is hereby
amended by deleting ‘‘, not to exceed $1,406,000,’’ under
the heading ‘‘CUSTOMS SERVICES AT SMALL AIRPORTS’’.
497
SEC. 108. Title I of Public Law 104–52 is hereby
amended by adding the following new section under the
heading ‘‘ADMINISTRATIVE PROVISIONS—INTERNAL REV-
ENUE SERVICE’’:
‘‘SEC. 3. The funds provided in this Act shall be used
to provide a level of service, staffing, and funding for Tax-
payer Services Division operations which is not less than
that provided in fiscal year 1995.’’.
SEC. 109. Title III of Public Law 104–52 is hereby
amended by adding the following proviso before the last
period under the heading ‘‘OFFICE OF NATIONAL DRUG
CONTROL POLICY, SALARIES AND EXPENSES’’: ‘‘: Provided,
That of the amounts available to the Counter-Drug Tech-
nology Assessment Center, no less than $1,000,000 shall
be dedicated to conferences on model state drug laws’’.
SEC. 110. Subsection (b) of section 347 of Public
Law 104–50 is hereby amended by inserting after ‘‘(4)
section 7204, relating to antidiscrimination;’’ the follow-
ing: ‘‘(5) chapter 71, relating to labor-management rela-
tions;’’ and by renumbering items (5), (6), and (7) as
items (6), (7), and (8) respectively.
SEC. 111. EXPORTATION OF DRUGS AND DEVICES.—
(a) REFERENCE.—Whenever in this section (other
than subsection (f)) an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
498
other provision, the reference shall be considered to be
made to a section or other provision of the Federal Food,
Drug, and Cosmetic Act.
(b) SECTION 801(d).—Section 801(d) (21 U.S.C.
381(d)) is amended by adding at the end the following:
‘‘(3) No component, part, or accessory of a drug (in-
cluding a biological product or a drug in bulk form), de-
vice, food, or food additive shall be excluded from importa-
tion into the United States under subsection (a), if such
component, part, or accessory will be incorporated into the
drug, device, food, or food additive that will be exported
from the United States in accordance with subsection
(e)(1) or section 802 or section 351(h) of the Public
Health Service Act. A person shall maintain a record of
the import and export of such drug, device, food, or food
additive.’’.
(c)
SECTION
801(e)(1).—Section
801(e)(1)
(21
U.S.C. 381(e)(1)) is amended—
(1) by amending the matter preceding subpara-
graph (A) to read as follows:
‘‘(e)(1) A food, drug (including a biological product),
device, or cosmetic intended for export shall not be deemed
to be adulterated or misbranded, to be in violation of sec-
tion 404, 505, or 512, or to be an unlicensed biological
499
product under section 351 of the Public Health Service
Act if—’’; and
(2) by striking the second sentence.
(d)
SECTION
801(e)(2).—Section
801(e)(2)
(21
U.S.C. 381(e)(2)) is amended to read as follows:
‘‘(2) Any person who exports a drug or device
under this subsection or section 802 may request
that the Secretary certify in writing that the export
is legal upon a showing that the requirements for
the export of such drug or device have been satis-
fied. The Secretary shall issue such a written export
certification within 10 days of the receipt of a re-
quest for such certification. A fee for such certifi-
cation may be charged but shall not exceed $100 for
each. The fees shall be retained by the agency to be
used to cover expenses.
(e) SECTION 802.—Section 802 (21 U.S.C. 382) is
amended to read as follows:
‘‘SEC. 802. (a) A drug (including a biological prod-
uct) intended for human or animal use or a device in-
tended for human use—
‘‘(1) which, in the case of a drug—
‘‘(A)(i) requires approval by the Secretary
under section 505 or section 512 before it may
500
be introduced or delivered for introduction into
interstate commerce; or
‘‘(ii) requires licensing by the Secretary
under section 351 of the Public Health Service
Act or by the Secretary of Agriculture under
the Act of March 4, 1913 (known as the Virus-
Serum Toxin Act) before it may be introduced
or delivered for introduction into interstate
commerce; and
‘‘(B) does not have such approval or li-
cense, which is not exempt from such sections
or Act, and which is introduced or delivered for
introduction into interstate commerce, or
‘‘(2) which, in the case of a device—
‘‘(A) does not comply with an applicable
requirement under section 514 or 515,
‘‘(B) is exempt from section 514 or 515
under section 520(g), or
‘‘(C) is a banned device under section 516,
may only be exported under subsection (b) or (c).
‘‘(b) Except as otherwise provided in this section, a
drug (including a biological product) or device, referred
to in subsection (a), may be exported to any country, if
the drug or device complies with the laws in any of the
following—
501
‘‘(1) Australia, Canada, Israel, Japan. New
Zealand, Switzerland, or South Africa; or
‘‘(2) a country in the European Union or a
country in the European Economic Area (the coun-
tries in the European Union and the European Free
Trade Association) and where such drug, device,
food or food additive is exported for the purpose of
marketing, the drug, device, food or food additive
has valid marketing authorization by the appropriate
approval authority from the country in which it shall
be marketed.
‘‘(c)(1) A person who intends to export an unap-
proved drug (including a biological product) or device not
eligible for export under subsection (b) shall submit to the
Secretary a notification of intent to export which shall—
‘‘(A) identify the drug or device to be exported
and the intended use of the product in the county
to which it is to be exported; and
‘‘(B) contain a certification by such person that
such person will export the drug or device only to a
country where the drug or device is permitted for
general use, investigational research, or non-clinical
experimental research.
‘‘(2) Within 45 days of the receipt under paragraph
(1) of a notification of an intent to export, the Secretary
502
shall issue to the person who submitted such notice an
order denying the request for export if—
‘‘(A) the notification does not meet the require-
ments of paragraph (1); or
‘‘(B) the proposed intended use of the exported
drug or device poses an imminent hazard to the
health of individuals, taking into account the risks
of not using the product in diagnosis or treatment,
and the finding of such hazard is based upon credi-
ble scientific evidence.
If the Secretary does not respond to such a notice within
45 days of its receipt, the person who submitted such no-
tice may proceed with the export of the drug or device
covered by such notice.
‘‘(3) if the Secretary denies a request for export of
a drug or device under paragraph (2), the Secretary shall
immediately prohibit the export of the drug or device and
afford such person an opportunity for an informal hearing
on the denial. If the denial is based upon a finding of im-
minent hazard, such informal hearing shall be before the
Commissioner and the Secretary may not delegate the au-
thority of the Commissioner.
‘‘(d) A drug or device intended for formulation, fill-
ing, packaging, labeling, or other processing in anticipa-
tion of market authorization in any country described in
503
subsection (b) may be exported in accordance with the
laws of that country.’’.
‘‘(f) PARTIALLY PROCESSED BIOLOGICAL PROD-
UCTS.—Subsection (h) of section 351 of the Public Health
Service Act (42 U.S.C. 262) is amended to read as follows:
‘‘(h) A partially-processed biological product which—
‘‘(1) is not in a form applicable to the preven-
tion, treatment, or cure of diseases or injuries of
man;
‘‘(2) is not intended for sale in the United
States; and
‘‘(3) is intended for further manufacture into
final dosage form outside the United States,
shall be subject to no restriction on the export of the prod-
uct under this Act or the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321 et seq.) if the product meets
the requirements of section 801(e)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(e)(1)).’’.
504
TITLE II
EMERGENCY PEACEKEEPING APPROPRIATIONS
CHAPTER I
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ to provide for administrative expenses re-
lated to activities in Bosnia and Herzegovina, $2,000,000,
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956: Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $1,000,000, to remain available until expended,
to be used for United States Information Agency activities
in Bosnia and Herzegovina, notwithstanding section 701
of the United States Information and Educational Ex-
change Act of 1948: Provided, That the entire amount is
designated by Congress as an emergency requirement pur-
505
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
CHAPTER II
FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS
FUNDS APPROPRIATED TO THE PRESIDENT
AGENCY FOR INTERNATIONAL DEVELOPMENT
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Assistance for East-
ern Europe and the Baltic States’’ for Bosnia and
Herzegovina,
including
demining
assistance,
$197,000,000, to remain available until December 31,
1996: Provided, That of the funds appropriated under this
heading by this Act that are made available for the eco-
nomic revitalization program in Bosnia and Herzegovina,
not less than 75 percent shall be obligated and expended
for programs, projects, and activities, within the sector as-
signed to American forces of the military Implementation
Force (IFOR) established by the North Atlantic Council
pursuant to the General Framework Agreement for Peace
in Bosnia and Herzegovina: Provided further, That none
of the funds appropriated under this heading by this Act
shall be made available for the construction of new hous-
506
ing or residences in Bosnia and Herzegovina: Provided
further, That not to exceed $5,000,000 of the funds appro-
priated under this heading in Public Law 104–107 may
be transferred to ‘‘Debt Restructuring’’ to be made avail-
able only for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct
loans and loan guarantees, notwithstanding any other pro-
vision of law: Provided further, That $5,000,000 shall be
transferred to ‘‘Foreign Military Financing Program’’ for
demining activities for Bosnia and Herzegovina: Provided
further, That $2,000,000 of the funds appropriated under
this heading in Public Law 104–107 shall be transferred
to ‘‘Operating Expenses of the Agency for International
Development’’ for administrative expenses: Provided fur-
ther, That the additional amount appropriated herein is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That, notwithstanding any other provi-
sion of law including any provision of Public Law 104–
107, funds appropriated under this heading by this Act
that are made available for economic revitalization shall
not be available for obligation and expenditure unless the
President determines and certifies to the Congress that
the
Government
of
the
Federation
of
Bosnia
and
507
Herzegovina has substantially complied with article III of
Annex 1–A of the General Framework Agreement for
Peace in Bosnia and Herzegovina concerning the with-
drawal of foreign forces, including advisers, freedom fight-
ers, trainers, volunteers, and personnel from neighboring
and other nations: Provided further, That with regard to
funds appropriated under this heading by this Act (and
local currencies generated by such funds) that are made
available for economic revitalization, the Administrator of
the Agency for International Development shall provide
written approval for grants and loans prior to the obliga-
tion and expenditure of funds for such purposes: Provided
further, That with regard to funds appropriated under this
heading by this Act (and local currencies generated by
such funds) that are made available for economic revital-
ization, the Administrator of the Agency for International
Development shall provide written approval for the use of
funds that have been returned or repaid to any lending
facility and grantee under the economic revitalization pro-
gram prior to the use of such returned or repaid funds.
MILITARY ASSISTANCE
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Fi-
nancing Program’’ for grants for Jordan pursuant to sec-
tion 23 of the Arms Export Control Act, $70,000,000:
508
Provided, That such funds may be used for Jordan to fi-
nance transfers by lease of defense articles under chapter
6 of such Act.
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
SUBSIDY APPROPRIATION
(RESCISSION)
Of the unobligated balances available under this
heading, $41,000,000 are rescinded.
CHAPTER III
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
For an additional amount for ‘‘North Atlantic Treaty
Organization Security Investment Program’’, $37,500,000
to remain available until expended: Provided, That the
Secretary of Defense may make additional contributions
for the North Atlantic Treaty Organization as provided
in section 2806 of title 10, United States Code: Provided
further, That such amount is designated by Congress as
an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
509
CHAPTER IV
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $262,200,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $11,800,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $2,700,000: Provided, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $33,700,000: Provided, That such amount is
510
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $235,200,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $900,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $130,200,000: Provided, That such
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
511
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $79,800,000: Provided, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $26,000,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
RESCISSIONS
PROCUREMENT
MISSILE PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $310,000,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $265,000,000 are rescinded.
512
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $9,750,000 are rescinded: Provided,
That this reduction shall be applied proportionally to each
budget activity, activity group and subactivity group and
each program, project, and activity within this appropria-
tion account.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $17,500,000 are rescinded: Provided,
That this reduction shall be applied proportionally to each
budget activity, activity group and subactivity group and
each program, project, and activity within this appropria-
tion account.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $245,000,000 are rescinded.
513
Of the funds made available under this heading in
Public Law 104–61, $22,450,000 are rescinded: Provided,
That this reduction shall be applied proportionally to each
budget activity, activity group and subactivity group and
each program, project, and activity within this appropria-
tion account.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $20,300,000 are rescinded: Provided,
That this reduction shall be applied proportionally to each
budget activity, activity group and subactivity group and
each program, project, and activity within this appropria-
tion account: Provided further, That no reduction may be
taken against the funds made available to the Department
of Defense for Ballistic Missile Defense.
GENERAL PROVISIONS—THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 2001. Section 8005 of the Department of De-
fense Appropriations Act, 1996 (Public Law 104–61), is
amended by striking out ‘‘$2,400,000,000’’ and inserting
in lieu thereof ‘‘$3,400,000,000’’.
514
CHAPTER V
GENERAL PROVISIONS—THIS TITLE
SEC. 2002. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
TITLE III
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and flood
prevention operations’’ to repair damage to waterways and
watersheds resulting from flooding in the Pacific North-
west, Northeast blizzards and floods, and other natural
disasters, $73,200,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CONSOLIDATED FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency conserva-
tion program’’ for expenses resulting from flooding in the
Pacific Northwest, Northeast blizzards and floods, and
515
other natural disasters, $24,800,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
EMERGENCY LIVESTOCK FEED ASSISTANCE PROGRAM
Notwithstanding any other provision of law, for ex-
penses resulting from flooding in the Pacific Northwest
and other natural disasters, not to exceed $10,000,000 of
Commodity Credit Corporation funds shall be available
until expended for implementation of cost sharing under
provisions consistent with the Emergency Livestock Feed
Assistance Program: Provided, That the entire amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
RURAL HOUSING AND COMMUNITY DEVELOPMENT
SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for ‘‘Rural housing insur-
ance fund program account’’ for the additional cost of di-
rect loans, including the cost of modifying loans as defined
in section 502 of the Congressional Budget Act of 1974,
for emergency expenses resulting from flooding in the Pa-
cific Northwest, Northeast blizzards and floods, Hurricane
516
Marilyn, and other natural disasters, to be available from
funds in the rural housing insurance fund as follows:
$6,500,000 for section 502 direct loans and section 504
housing repair loans, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
VERY LOW-INCOME HOUSING REPAIR GRANTS
For an additional amount for ‘‘Very low-income hous-
ing repair grants’’ under section 504 of the Housing Act
of 1949, as amended, for emergency expenses resulting
from flooding in the Pacific Northwest, Northeast bliz-
zards and floods, Hurricane Marilyn, and other natural
disasters, $1,100,000, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RURAL UTILITIES SERVICE
EMERGENCY COMMUNITY WATER ASSISTANCE PROGRAM
For an additional amount for ‘‘Emergency commu-
nity water assistance program’’ for emergency expenses
resulting from flooding in the Pacific Northwest, North-
east blizzards and floods, and other natural disasters,
$5,000,000, to remain available until expended, for the
517
cost of emergency community water assistance grants, as
authorized by 7 U.S.C. 1926b: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural utilities assist-
ance program’’ for the additional cost of direct loans and
grants, including the cost of modifying loans as defined
in section 502 of the Congressional Budget Act of 1974,
for emergency expenses resulting from flooding in the Pa-
cific Northwest, Northeast blizzards and floods, and other
natural disasters, $6,000,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER II
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for the cost of direct loans authorized by
section 7(b) of the Small Business Act, as amended,
$72,300,000, to remain available until expended: Pro-
vided, That such costs, including the cost of modifying
518
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
For an additional amount for administrative expenses
directly related to carrying out the disaster loan program,
$27,700,000, to remain available until expended: Pro-
vided, That these funds shall be available only upon notifi-
cation to the Committees on Appropriations of the House
of Representatives and the Senate in accordance with
standard reprogramming procedures: Provided further,
That the entire amount is designated by Congress as an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
CHAPTER III
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Main-
tenance, General’’, for the Northeast and Northwest floods
of 1996, $30,000,000, to remain available until expended:
519
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’, for the Northeast and Northwest
floods of 1996 and other disasters, and to replenish funds
transferred pursuant to Public Law 84–99, $135,000,000,
to remain available until expended: Provided, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(D)(2)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONSTRUCTION PROGRAM
For an additional amount for ‘‘Construction Pro-
gram’’, $9,000,000, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(D)(2)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
520
DEPARTMENT OF ENERGY
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION,
REHABILITATION,
OPERATION
AND
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION
(TRANSFER OF FUNDS)
$5,500,000 of funds appropriated under this heading
in the Energy and Water Development Appropriations
Act, 1995 (Public Law 103–316), shall be transferred to
the appropriation account ‘‘Operation and Maintenance,
Alaska Power Administration’’, to remain available until
expended, only for necessary termination expenses.
CHAPTER IV
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION AND ACCESS
For an additional amount for ‘‘Construction and Ac-
cess’’, $4,242,000, to remain available until expended, to
repair roads, culverts, bridges, facilities, fish and wildlife
protective structures, and recreation sites damaged by the
Pacific Northwest floods and other natural disasters: Pro-
vided, That Congress hereby designates this amount as an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
521
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California
Grant Lands’’, $19,548,000, to remain available until ex-
pended, to repair roads, culverts, bridges, facilities, fish
and wildlife protective structures, and recreation sites
damaged by the Pacific Northwest floods and other natu-
ral disasters: Provided, That Congress hereby designates
this amount as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For
an
additional
amount
for
‘‘Construction’’,
$20,505,000, to remain available until expended, to make
repairs necessitated by hurricanes, floods and other natu-
ral disasters: Provided, That Congress hereby designates
this amount as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For
an
additional
amount
for
‘‘Construction’’,
$33,601,000, to remain available until expended, to make
repairs necessitated by hurricanes, floods and other natu-
ral disasters: Provided, That Congress hereby designates
522
this amount as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $1,176,000, to remain available
until September 30, 1997, for expenses necessitated by
hurricanes, floods and other natural disasters: Provided,
That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian
Programs’’, $500,000, to remain available until Septem-
ber 30, 1997, for emergency operations and repairs neces-
sitated by winter floods: Provided, That Congress hereby
designates this amount as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For
an
additional
amount
for
‘‘Construction’’,
$9,428,000, to remain available until expended, for emer-
gency repairs necessitated by floods in the Pacific North-
523
west and other natural disasters: Provided, That Congress
hereby designates this amount as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For an additional amount for ‘‘Assistance to Terri-
tories’’, $2,000,000, to remain available until expended,
for recovery efforts necessitated by Hurricane Marilyn:
Provided, That Congress hereby designates this amount
as
an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest Sys-
tem’’, $20,000,000, to remain available until September
30, 1997, for expenses necessitated by floods and other
natural disasters: Provided, That Congress hereby des-
ignates this amount as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
524
CONSTRUCTION
For
an
additional
amount
for
‘‘Construction’’,
$60,000,000, to remain available until expended, for ex-
penses necessitated by floods and other natural disasters:
Provided, That Congress hereby designates this amount
as
an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That $20,000,000 of this amount shall be available only
to the extent an official budget request, for a specific dol-
lar amount, that includes designation of the entire amount
of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
CHAPTER V
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
For the Emergency Fund authorized by section 125
of title 23, United States Code, to cover expenses arising
from the January 1996 flooding in the Mid-Atlantic,
Northeast, and Northwest States, and other disasters,
$267,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided,
525
That such amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
MASS TRANSIT CAPITAL ACCOUNT
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For an additional amount for payment of obligations
incurred in carrying out 49 U.S.C. 5338(b) administered
by the Federal Transit Administration, $375,000,000, to
be derived from the Highway Trust Fund and to remain
available until expended.
OTHER INDEPENDENT AGENCIES
PANAMA CANAL COMMISSION
PANAMA CANAL REVOLVING FUND
For an additional amount for administrative ex-
penses, $2,000,000, to be derived from the Panama Canal
Revolving Fund.
CHAPTER VI
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Disaster Relief’’,
$150,000,000, to remain available until expended, which,
526
in whole or in part, may be transferred to the Disaster
Assistance Direct Loan Program Account for the cost of
direct loans as authorized under section 417 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.): Provided further, That such
transfer may be made to subsidize gross obligations for
the principal amount of direct loans not to exceed
$170,000,000 under section 417 of the Stafford Act: Pro-
vided further, That any such transfer of funds shall be
made only upon certification by the Director of the Fed-
eral Emergency Management Agency that all require-
ments of section 417 of the Stafford Act will be complied
with: Provided further, That the entire amount of this ap-
propriation shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
527
CHAPTER VII
GENERAL PROVISIONS—THIS TITLE
SEC. 3002. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
TITLE IV
CONTINGENT SUPPLEMENTAL
APPROPRIATIONS
CHAPTER I
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
For an additional amount for the Advanced Tech-
nology Program, $100,000,000, to remain available until
expended: Provided, That amounts made available under
this heading may be used only for the purpose of providing
continuation grants for projects awarded in fiscal year
1994 and prior years and related administrative expenses:
Provided further, That none of the funds made available
under this heading may be used for the purpose of carry-
ing out additional program competitions under the Ad-
vanced Technology Program.
528
DEPARTMENT OF STATE
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to
International Organizations’’, $158,000,000, subject to
the same terms and conditions as provided in the Depart-
ment of State and Related Agencies Appropriations Act,
1996: Provided, That 50 percent of the funds appropriated
in this paragraph shall be withheld from obligation and
expenditure unless the Secretary of State certifies that the
United Nations has taken no action that would cause the
United Nations to exceed its no-growth budget for the bi-
ennium 1996–1997 adopted in December, 1995.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For an additional amount for ‘‘Contributions for
International
Peacekeeping
Activities’’,
$200,000,000,
subject to the same terms and conditions as provided in
the Department of State and Related Agencies Appropria-
tions Act, 1996.
CHAPTER II
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘‘Training and Employ-
ment Services’’, $111,800,000, of which $84,300,000 for
529
title II, part A, of the Job Training Partnership Act shall
be available for obligation for the period July 1, 1996
through June 30, 1997 and $27,500,000 for the School-
to-Work Opportunities Act shall be available for obligation
for the period July 1, 1996, through September 30, 1997.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For an additional amount for ‘‘State Unemployment
Insurance
and
Employment
Service
Operations’’,
$33,000,000 to be available for obligation for the period
July 1, 1996 through June 30, 1997.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For an additional amount for ‘‘Substance Abuse and
Mental Health Services’’, $100,000,000 for carrying out
title XIX of the Public Health Service Act with respect
to substance abuse services.
DEPARTMENT OF EDUCATION
EDUCATION REFORM
For an additional amount for ‘‘Education Reform’’,
$389,500,000 for carrying out activities authorized by the
Goals 2000: Educate America Act and titles II and III
of the School-to-Work Opportunities Act which shall be-
530
come available on July 1, 1996 and remain available
through September 30, 1997: Provided, That none of the
funds appropriated under this heading shall be obligated
or expended to carry out section 304(a)(2)(A) of the Goals
2000: Educate America Act.
EDUCATION FOR THE DISADVANTAGED
For an additional amount for ‘‘Education for the Dis-
advantaged’’, $961,000,000 for carrying out title I of the
Elementary and Secondary Education Act of 1965 which
shall become available on July 1, 1996 and remain avail-
able
through
September
30,
1997:
Provided,
That
$461,000,000 shall be available for basic grants under sec-
tion 1124, which shall be allocated without regard to sec-
tion 1124(d): Provided further, That $500,000,000 shall
be
available
for
concentration
grants
under
section
1124(A): Provided further, That no funds shall be reserved
under section 1003(a).
SCHOOL IMPROVEMENT PROGRAMS
For an additional amount for ‘‘School Improvement
Programs’’, $12,000,000 for carrying out title X of the
Elementary and Secondary Education Act of 1965.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For an additional amount for ‘‘Education Research,
Statistics, and Improvement’’, $23,000,000 for carrying
out section 3136 (K–12 technology learning challenges) of
the Elementary and Secondary Education Act of 1965.
532
PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING
PROJECTS
For an additional amount for ‘‘Payments for Oper-
ation of Low-Income Housing Projects’’, $50,000,000.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT GRANTS
Of the amount provided under this heading in title
I of this Act, $80,000,000 shall be available for Economic
Development Initiative grants as authorized by section
108(q) of the Housing and Community Development Act
of 1974, as amended, on a competitive basis.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Upon the implementation of title IV of this Act, not-
withstanding the language under this heading in title I
of this Act or any other provision of law, effective October
1, 1995, and throughout the remainder of fiscal year
1996, appropriations made available to the Corporation
for National and Community Services are in toto as pro-
vided for in title IV of this Act as follows:
For necessary expenses for the Corporation for Na-
tional and Community Service (referred to in the matter
under this heading as the ‘‘Corporation’’) in carrying out
programs, activities, and initiatives under the National
533
and Community Service Act of 1990 (referred to in the
matter under this heading as the ‘‘Act’’) (42 U.S.C. 12501
et seq.), $383,500,000, of which $234,000,000 shall be
available for obligation from September 1, 1996, through
September 30, 1997: Provided, That not more than
$25,000,000 shall be available for administrative expenses
authorized under section 501(a)(4) of the Act (42 U.S.C.
12681(a)(4)): Provided further, That not more than
$2,500 shall be for official reception and representation
expenses:
Provided
further,
That
not
more
than
$59,000,000, to remain available without fiscal year limi-
tation, shall be transferred to the National Service Trust
account for educational awards authorized under subtitle
D of title I of the Act (42 U.S.C. 12601 et seq.): Provided
further, That not more than $175,000,000 of the amount
provided under this heading shall be available for grants
under the National Service Trust program authorized
under subtitle C of title I of the Act (42 U.S.C. 12571
et seq.) (relating to activities including the AmeriCorps
program):
Provided
further,
That
not
more
than
$3,500,000 of the funds made available under this head-
ing shall be made available for the Points of Light Foun-
dation for activities authorized under title III of the Act
(42 U.S.C. 12661 et seq.): Provided further, That not
more than $40,000,000 of the funds made available under
534
this heading may be used to administer, reimburse, or sup-
port any national service program authorized under sec-
tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), and
none of such funds shall be available for national service
programs run by Federal agencies authorized under sec-
tion 121(b) of such Act (42 U.S.C. 12581(b)): Provided
further, That, to the maximum extent feasible, funds ap-
propriated in the preceding proviso shall be provided in
a manner that is consistent with the recommendations of
peer review panels in order to assure that priority is given
to
programs
that
demonstrate
quality,
innovation,
replicability, and sustainability: Provided further, That not
more than $18,000,000 of the funds made available under
this heading shall be available for the National Civilian
Community Corps authorized under subtitle E of title I
of the Act (42 U.S.C. 12611 et seq.): Provided further,
That not more than $43,000,000 shall be available for
school-based and community-based service-learning pro-
grams authorized under subtitle B of title I of the Act
(42 U.S.C. 12521 et seq.): Provided further, That not
more than $15,000,000 shall be available for quality and
innovation activities authorized under subtitle H of title
I of the Act (42 U.S.C. 12653 et seq.): Provided further,
That not more than $5,000,000 shall be available for au-
dits and other evaluations authorized under section 179
535
of the Act (42 U.S.C. 12639), of which up to $500,000
shall be available for a study by the National Academy
of Public Administration on the structure, organization,
and management of the Corporation and activities sup-
ported by the Corporation, including an assessment of the
quality, innovation, replicability and sustainability without
Federal funds of such activities, and the Federal and non-
Federal cost of supporting participants in community
service activities: Provided further, That no funds from
any other appropriation, or from funds otherwise made
available to the Corporation, shall be used to pay for per-
sonnel compensation and benefits, travel, or any other ad-
ministrative expense for the Board of Directors, the Office
of the Chief Executive Officer, the Office of the Managing
Director, the Office of the Chief Financial Officer, the Of-
fice of National and Community Service Programs, the Ci-
vilian Community Corps, or any field office or staff of the
Corporation working on the National and Community
Service or National Civilian Community Corps programs:
Provided further, That to the maximum extent practicable,
the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the
private sector, shall expand significantly the number of
educational awards provided under subtitle D of title I,
536
and shall reduce the total Federal cost per participant in
all programs.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out provisions of the Inspector Gen-
eral Act of 1978, $2,000,000.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount for ‘‘Environmental Pro-
grams and Management’’, $150,000,000, to remain avail-
able until September 30, 1997: Provided, That up to
$40,000,000 of this amount shall be available for enforce-
ment activities under this heading.
BUILDING AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $50,000,000 for the construction of a new consoli-
dated research facility at Research Triangle Park, North
Carolina, to remain available until expended: Provided,
That notwithstanding any other provision of law, the En-
vironmental Protection Agency is authorized to establish
and construct a consolidated research facility at Research
Triangle Park, North Carolina, at a maximum total con-
struction cost of $232,000,000, and to obligate such mon-
ies as are made available by this Act, and hereafter, for
this purpose.
537
HAZARDOUS SUBSTANCE SUPERFUND
For an additional amount for ‘‘Hazardous Substance
Superfund’’, $100,000,000, to remain available until ex-
pended.
STATE AND TRIBAL ASSISTANCE GRANTS
For an additional amount for ‘‘State and Tribal As-
sistance Grants’’, $3,500,000, to remain available until ex-
pended for a grant for water distribution systems in the
South Buffalo/Kittaning, Pennsylvania area.
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For an additional amount for ‘‘Council on Environ-
mental Quality and Office of Environmental Quality’’,
$500,000, subject to the same terms and conditions as
provided under this heading in title I of this Act.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For an additional amount for ‘‘Research and Related
Activities’’, $40,000,000, to remain available until Sep-
tember 30, 1997.
538
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
FUND
PROGRAM ACCOUNT
For grants, loans, and technical assistance to qualify-
ing community development financial institutions, and ad-
ministrative expenses of the Fund, $25,000,000, to re-
main available until September 30, 1997: Provided, That
of the funds made available under this heading not to ex-
ceed $4,000,000 may be used for the cost of direct loans,
and not to exceed $400,000 may be used for administra-
tive expenses to carry out the direct loan program: Pro-
vided further, That the cost of direct loans, including the
cost of modifying such loans, shall be defined as in section
502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize gross
obligation of the principal amount of direct loans not to
exceed $15,800,000: Provided further, That none of these
funds shall be used to supplement existing resources pro-
vided to the Department for activities such as external af-
fairs, general counsel, administration, finance, or office of
inspector general: Provided further, That none of these
funds shall be available for expenses of an Administrator
as defined in section 104 of the Community Development
Banking and Financial Institutions Act of 1994 (CDBFI
539
Act): Provided further, That the number of staff funded
under this heading shall not exceed 10 full-time equiva-
lents: Provided further, That notwithstanding any other
provision of law, for purposes of administering the Com-
munity Development Financial Institutions Fund, the Sec-
retary of the Treasury shall have all powers and rights
of the Administrator of the CDBFI Act and the Fund
shall be within the Department of the Treasury.
CHAPTER IV
GENERAL PROVISIONS—THIS TITLE
SEC. 4001. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 4002. Amounts appropriated in this title are
available for obligation only if and when reconciliation leg-
islation is enacted that expressly makes available for obli-
gation these amounts and that (1) makes available or
causes to be made available to the Committees on Appro-
priations of the House and Senate increased budget au-
thority and outlays for fiscal year 1996 under the provi-
sions of section 302(a) or 602(a) of the Congressional
Budget Act of 1974 in at least the amounts included in
this title, (2) credits to or causes to be credited to the
budget authority and outlays for fiscal year 1996 of the
Committees on Appropriations of the House and Senate
540
under the provisions of section 302(a) or 602(a) of the
Congressional Budget Act of 1974 offsetting savings or
receipts in at least the amounts included in this title, or
(3) includes any combination of increased budget author-
ity and outlays or crediting of offsetting savings or re-
ceipts to the spending authority for fiscal year 1996 of
the Committees on Appropriations of the House and Sen-
ate under the provisions of section 302(a) or 602(a) of
the Congressional Budget Act of 1974 in at least the
amounts included in this title. Any amounts appropriated
in this title that have not been made available for obliga-
tion by the end of the fiscal year 1996 are hereby re-
scinded.
TITLE V—DISCLOSURE OF LOBBYING
ACTIVITIES BY FEDERAL GRANTEES
DISCLOSURE OF LOBBYING ACTIVITIES BY FEDERAL
GRANTEES
SEC. 5001. (a) DISCLOSURE REQUIREMENTS.—Not
later than December 31 of each year, each organization
receiving a Federal grant shall provide (via either elec-
tronic or paper medium) to each Federal entity that
awarded or administered its grant an annual report for
the previous Federal fiscal year, certified by the organiza-
tion’s chief executive officer or equivalent person of au-
thority, setting forth—
541
(1) the organization’s name and grantee identi-
fication number;
(2) the amount or value of each grant (includ-
ing all administrative and overhead costs awarded),
and the description of each such grant and the name
of the Federal agency awarding such grant; and
(3) a good faith estimate of the organization’s
actual expenses on lobbying activities in the most re-
cent taxable year.
(b) EXEMPTIONS.—This section shall not apply to an
individual or a State, local, or Indian tribal government.
(c) DEFINITIONS.—For purposes of this section:
(1)
FEDERAL
GRANT.—The
term
‘‘Federal
grant’’ means money or real property that is paid or
provided by the Federal Government to any organi-
zation. Such term does not include (A) any assist-
ance described in section 6302(2) of title 31, United
States Code; (B) any amount paid under a procure-
ment contract described in section 6303(1) of such
title; or (C) any payment or assistance described in
clause (ii), (iii), (iv), or (vii) of section 6501(4)(C)
of such title.
(2) LOBBYING ACTIVITY.—The term ‘‘lobbying
activity’’ means any activity that is either (A) a lob-
bying activity within the meaning of section 3 of the
542
Lobbying Disclosure Act of 1995; or (B) an activity
influencing legislation within the meaning of section
4911 of the Internal Revenue Code of 1986. Such
term shall also include advocating the election or de-
feat of any candidate for public office, or the pas-
sage or non-passage of any ballot proposition.
(d) PUBLIC ACCOUNTABILITY.—
(1) PUBLIC AVAILABILITY OF LOBBYING DIS-
CLOSURE FORMS.—Each Federal entity awarding a
Federal grant shall make publicly available the grant
application, and any annual report provided under
subsection (a) by the organization receiving the
grant.
(2) ACCESSIBILITY
TO
PUBLIC.—The public’s
access to the documents identified in paragraph (1)
shall be facilitated by the Federal entity by—
(A) placement of such documents in the
Federal entity’s public document reading room;
(B) expediting any requests under section
552 of title 5, United States Code (the Free-
dom of Information Act), ahead of any requests
for other information pending at such Federal
entity; and
(C) submitting to the Bureau of the Cen-
sus a report (standardized by the Office of
543
Management and Budget) setting forth the in-
formation provided in such documents, which
the Bureau of the Census shall make available
to the public through the Internet.
(3) WITHHOLDING PROHIBITED.—Records de-
scribed in paragraph (1) shall not be subject to with-
holding, except under the exemption set forth in sub-
section (b)(7)(A) of section 552 of title 5, United
States Code.
(4) FEES PROHIBITED.—No fees for searching
for or copying such documents shall be charged to
the public.
(e) CONSTRUCTION.—No provision of this section
may be construed to affect whether any organization is
exempt from, or subject to, tax under the Internal Reve-
nue Code of 1986.
(f) REGULATIONS.—The Director of the Office of
Management and Budget shall issue any regulations nec-
essary to carry out this section.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect
January 1, 1996, and apply thereafter.
(2) PRIOR
ACTIVITIES
NOT
TAKEN
INTO
AC-
COUNT.—In applying this section, only expenditures
544
made after December 31, 1995, in taxable years
ending after such date shall be taken into account.
(3) ANNUALIZATION
FOR
PARTIAL
TAXABLE
YEARS.—In the case of a taxable year that ends
after December 31, 1995, and begins before January
1, 1996, each of the dollar amounts applicable under
this section shall be proportionally reduced to reflect
the portion of such taxable year after December 31,
1995.
TITLE VI—DEFICIT REDUCTION LOCK-BOX
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Deficit Reduction
Lock-box Act of 1996’’.
SEC. 602. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) ESTABLISHMENT OF LEDGER.—Title III of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new section:
‘‘DEFICIT REDUCTION LOCK-BOX LEDGER
‘‘SEC. 314. (a) ESTABLISHMENT OF LEDGER.—The
Director of the Congressional Budget Office (hereinafter
in this section referred to as the ‘‘Director’’) shall main-
tain a ledger to be known as the ‘‘Deficit Reduction Lock-
box Ledger’’. The Ledger shall be divided into entries cor-
responding to the subcommittees of the Committees on
Appropriations. Each entry shall consist of three parts:
545
the ‘House Lock-box Balance’; the ‘Senate Lock-box Bal-
ance’; and the ‘Joint House-Senate Lock-box Balance’.
‘‘(b) COMPONENTS OF LEDGER.—Each component in
an entry shall consist only of amounts credited to it under
subsection (c). No entry of a negative amount shall be
made.
‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) The Di-
rector shall, upon the engrossment of any appropriation
bill by the House of Representatives and upon the engross-
ment of that bill by the Senate, credit to the applicable
entry balance of that House amounts of new budget au-
thority and outlays equal to the net amounts of reductions
in new budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
‘‘(2) The Director shall, upon the engrossment of
Senate amendments to any appropriation bill, credit to the
applicable Joint House-Senate Lock-box Balance the
amounts of new budget authority and outlays equal to—
‘‘(A) an amount equal to one-half of the sum of
(i) the amount of new budget authority in the House
Lock-box Balance plus (ii) the amount of new budg-
et authority in the Senate Lock-box Balance for that
bill; and
‘‘(B) an amount equal to one-half of the sum
of (i) the amount of outlays in the House Lock-box
546
Balance plus (ii) the amount of outlays in the Sen-
ate Lock-box Balance for that bill.
‘‘(3) CALCULATION OF LOCK-BOX SAVINGS IN SEN-
ATE.—For purposes of calculating under this section the
net amounts of reductions in new budget authority and
in outlays resulting from amendments agreed to by the
Senate on an appropriation bill, the amendments reported
to the Senate by its Committee on Appropriations shall
be considered to be part of the original text of the bill.
‘‘(d) DEFINITION.—As used in this section, the term
‘appropriation bill’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 313 the following
new item:
‘‘Sec. 314. Deficit reduction lock-box ledger.’’.
SEC. 603. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropria-
tions bill by the House a running tally of the amendments
adopted reflecting increases and decreases of budget au-
thority in the bill as reported.
547
SEC.
604.
DOWNWARD
ADJUSTMENT
OF
602(a)
ALLOCA-
TIONS
AND
SECTION
602(b)
SUBALLOCATIONS.
(a) ALLOCATIONS.—Section 602(a) of the Congres-
sional Budget Act of 1974 is amended by adding at the
end the following new paragraph:
‘‘(5) Upon the engrossment of Senate amend-
ments to any appropriation bill (as defined in section
314(d)) for a fiscal year, the amounts allocated
under paragraph (1) or (2) to the Committee on Ap-
propriations of each House upon the adoption of the
most recent concurrent resolution on the budget for
that fiscal year shall be adjusted downward by the
amounts credited to the applicable Joint House-Sen-
ate Lock-box Balance under section 314(c)(2). The
revised levels of budget authority and outlays shall
be submitted to each House by the chairman of the
Committee on the Budget of that House and shall
be printed in the Congressional Record.’’.
(b) SUBALLOCATIONS.—Section 602(b)(1) of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new sentence: ‘‘Whenever an ad-
justment is made under subsection (a)(5) to an allocation
under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward ad-
justments in the most recent suballocations of new budget
548
authority and outlays under subparagraph (A) to the ap-
propriate subcommittees of that committee in the total
amounts of those adjustments under section 314(c)(2).
The revised suballocations shall be submitted to each
House by the chairman of the Committee on Appropria-
tions of that House and shall be printed in the Congres-
sional Record.’’.
SEC. 605. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act
of 1974 is amended by adding at the end the following
new sentence: ‘‘Such reports shall also include an up-to-
date tabulation of the amounts contained in the ledger and
each entry established by section 314(a).’’.
SEC. 606. DOWNWARD ADJUSTMENT OF DISCRETIONARY
SPENDING LIMITS.
The discretionary spending limits for new budget au-
thority and outlays for any fiscal year set forth in section
601(a)(2) of the Congressional Budget Act of 1974, as
adjusted in strict conformance with section 251 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
shall be reduced by the amounts set forth in the final regu-
lar appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that
fiscal year. Those amounts shall be the sums of the Joint
House-Senate Lock-box Balances for that fiscal year, as
549
calculated under section 602(a)(5) of the Congressional
Budget Act of 1974. That bill or joint resolution shall con-
tain the following statement of law: ‘‘As required by sec-
tion 6 of the Deficit Reduction Lock-box Act of 1995, for
fiscal year [insert appropriate fiscal year] and each out-
year, the adjusted discretionary spending limit for new
budget authority shall be reduced by $ [insert appropriate
amount of reduction] and the adjusted discretionary limit
for outlays shall be reduced by $ [insert appropriate
amount of reduction] for the budget year and each out-
year.’’ Notwithstanding section 904(c) of the Congres-
sional Budget Act of 1974, section 306 of that Act as it
applies to this statement shall be waived. This adjustment
shall be reflected in reports under sections 254(g) and
254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 607. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall apply to all appro-
priations bills making appropriations for fiscal year 1996
or any subsequent fiscal year.
(b) FY96 APPLICATION.—In the case of any appro-
priation bill for fiscal year 1996 engrossed by the House
of Representatives after August 4, 1995 and before the
date of enactment of this bill, the Director of the Congres-
sional Budget Office, the Director of the Office of Man-
550
agement and Budget, and the Committees on Appropria-
tions and the Committees on the Budget of the House of
Representatives and of the Senate shall, within 10 cal-
endar days after that date of enactment of this Act, carry
out the duties required by this title and amendments made
by it that occur after the date this Act was engrossed by
the House of Representatives.
(c) FY96 ALLOCATIONS.—The duties of the Director
of the Congressional Budget Office and of the Committees
on the Budget and on Appropriations of the House of Rep-
resentatives pursuant to this title and the amendments
made by it regarding appropriations bills for fiscal year
1996 shall be based upon the revised section 602(a) alloca-
tions in effect on August 4, 1995.
(d) DEFINITION.—As used in this section, the term
‘‘Appropriation bill’’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.
This Act may be cited as the ‘‘Balanced Budget
Down Payment Act, II.’’
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, and out
of applicable corporate or other revenues, receipts, and
funds, for the several departments, agencies, corporations,
551
and other organizational units of the Government for the
fiscal year 1996, and for other purposes, namely:
TITLE I—OMNIBUS APPROPRIATIONS
SEC. 101. (a) Such amounts as may be necessary for
programs, projects or activities provided for in the Depart-
ments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1996 at a rate of op-
erations and to the extent and in the manner provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
AN ACT
Making appropriations for the Departments of Com-
merce, Justice, and State, the Judiciary, and related agen-
cies for the fiscal year ending September 30, 1996, and for
other purposes.
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $74,282,000; including not to exceed
$3,317,000 for the Facilities Program 2000, and including
$5,000,000 for management and oversight of Immigration
and Naturalization Service activities, both sums to remain
available until expended: Provided, That not to exceed 76
permanent positions and 90 full-time equivalent workyears
552
and $9,487,000 shall be expended for the Offices of Legisla-
tive Affairs, Public Affairs and Policy Development: Pro-
vided further, That the latter three aforementioned offices
shall not be augmented by personnel details, temporary
transfers of personnel on either a reimbursable or non-reim-
bursable basis or any other type of formal or informal
transfer or reimbursement of personnel or funds on either
a temporary or long-term basis.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $16,898,000, to remain available until expended,
to reimburse any Department of Justice organization for
(1) the costs incurred in reestablishing the operational ca-
pability of an office or facility which has been damaged
or destroyed as a result of the bombing of the Alfred P.
Murrah Federal Building in Oklahoma City or any domes-
tic or international terrorist incident, (2) the costs of pro-
viding support to counter, investigate or prosecute domestic
or international terrorism, including payment of rewards
in connection with these activities, and (3) the costs of con-
ducting a terrorism threat assessment of Federal agencies
and their facilities: Provided, That funds provided under
this section shall be available only after the Attorney Gen-
eral notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with sec-
tion 605 of this Act.
553
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of par-
don and clemency petitions and immigration related activi-
ties, $38,886,000: Provided, That the obligated and unobli-
gated balances of funds previously appropriated to the Gen-
eral Administration, Salaries and Expenses appropriation
for the Executive Office for Immigration Review and the
Office of the Pardon Attorney shall be merged with this ap-
propriation.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE
REVIEW AND APPEALS
For activities authorized by sections 130005 and
130007 of Public Law 103–322, $47,780,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund: Provided, That the
obligated and unobligated balances of funds previously ap-
propriated to the General Administration, Salaries and Ex-
penses appropriation under title VIII of Public Law 103–
317 for the Executive Office for Immigration Review shall
be merged with this appropriation.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $28,960,000; including not to ex-
ceed $10,000 to meet unforeseen emergencies of a confiden-
tial character, to be expended under the direction of, and
554
to be accounted for solely under the certificate of, the Attor-
ney General; and for the acquisition, lease, maintenance
and operation of motor vehicles without regard to the gen-
eral purchase price limitation.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized by law, $5,446,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evidence,
to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District
of Columbia; $401,929,000; of which not to exceed
$10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the funds avail-
able in this appropriation, not to exceed $22,618,000 shall
remain available until expended for office automation sys-
tems for the legal divisions covered by this appropriation,
and for the United States Attorneys, the Antitrust Division,
and offices funded through ‘‘Salaries and Expenses’’, Gen-
eral Administration: Provided further, That of the total
555
amount appropriated, not to exceed $1,000 shall be avail-
able to the United States National Central Bureau,
INTERPOL, for official reception and representation ex-
penses: Provided further, That notwithstanding 31 U.S.C.
1342, the Attorney General may accept on behalf of the
United States and credit to this appropriation, gifts of
money, personal property and services, for the purpose of
hosting the International Criminal Police Organization’s
(INTERPOL) American Regional Conference in the United
States during fiscal year 1996.
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $4,028,000, to be appropriated from the Vaccine In-
jury Compensation Trust Fund, as authorized by section
6601 of the Omnibus Budget Reconciliation Act, 1989, as
amended by Public Law 101–512 (104 Stat. 1289).
In addition, for Salaries and Expenses, General Legal
Activities, $12,000,000 shall be made available to be derived
by transfer from unobligated balances of the Working Cap-
ital Fund in the Department of Justice.
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL
ACTIVITIES
For the expeditious deportation of denied asylum ap-
plicants, as authorized by section 130005 of Public Law
103–322, $7,591,000, to remain available until expended,
556
which shall be derived from the Violent Crime Reduction
Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust
and kindered laws, $65,783,000: Provided, That notwith-
standing any other provision of law, not to exceed
$48,262,000 of offsetting collections derived from fees col-
lected for premeger 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
$17,521,000: Provided further, That any fees received in ex-
cess of $48,262,000 in fiscal year 1996, shall remain avail-
able until expended, but shall not be available for obligation
until October 1, 1996.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United
States Attorneys, including intergovernmental agreements,
$895,509,000, of which not to exceed $2,500,000 shall be
available until September 30, 1997 for the purposes of (1)
providing training of personnel of the Department of Jus-
557
tice in debt collection, (2) providing services to the Depart-
ment of Justice related to locating debtors and their prop-
erty, such as title searches, debtor skiptracing, asset
searches, credit reports and other investigations, (3) paying
the costs of the Department of Justice for the sale of prop-
erty not covered by the sale proceeds, such as auctioneers’
fees and expenses, maintenance and protection of property
and businesses, advertising and title search and surveying
costs, and (4) paying the costs of processing and tracking
debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000
of those funds available for automated litigation support
contracts and $4,000,000 for security equipment shall re-
main available until expended: Provided further, That in
addition to reimbursable full-time equivalent workyears
available to the Office of the United States Attorneys, not
to exceed 8,595 positions and 8,862 full-time equivalent
workyears shall be supported from the funds appropriated
in this Act for the United States Attorneys.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
ATTORNEYS
For activities authorized by sections 190001(d), 40114
and 130005 of Public Law 103–322, $30,000,000, to remain
available until expended, which shall be derived from the
558
Violent Crime Reduction Trust Fund, of which $20,269,000
shall be available to help meet increased demands for litiga-
tion and related activities, $500,000 to implement a pro-
gram to appoint additional Federal Victim’s Counselors,
and $9,231,000 for expeditious deportation of denied asy-
lum applicants.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, $102,390,000, as authorized by 28 U.S.C.
589a(a), to remain available until expended, for activities
authorized by section 115 of the Bankruptcy Judges, United
States Trustees, and Family Farmer Bankruptcy Act of
1986 (Public Law 99–554), which shall be derived from the
United States Trustee System Fund: Provided, That depos-
its to the Fund are available in such amounts as may be
necessary to pay refunds due depositors: Provided further,
That, notwithstanding any other provision of law, not to
exceed $44,191,000 of offsetting collections derived from fees
collected pursuant to section 589a(f) of title 28, United
States Code, as amended, shall be retained and used for nec-
essary expenses in this appropriation: Provided further,
That the $102,390,000 herein appropriated from the United
States Trustee System Fund shall be reduced as such offset-
ting collections are received during fiscal year 1996, so as
to result in a final fiscal year 1996 appropriation from
such Fund estimated at not more than $58,199,000: Pro-
559
vided further, That any of the aforementioned fees collected
in excess of $44,191,000 in fiscal year 1996 shall remain
available until expended, but shall not be available for obli-
gation until October 1, 1996.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including serv-
ices as authorized by 5 U.S.C. 3109, $830,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of pas-
senger motor vehicles for police-type use without regard to
the general purchase price limitation for the current fiscal
year; $423,248,000, as authorized by 28 U.S.C. 561(i), of
which not to exceed $6,000 shall be available for official
reception and representation expenses.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
MARSHALS SERVICE
For activities authorized by section 190001(b) of Pub-
lic Law 103–322, $25,000,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
560
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
For expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General; $252,820,000, as authorized by 28 U.S.C. 561(i),
to remain available until expended.
In 
addition, 
for 
Federal 
Prisoner 
Detention,
$9,000,000 shall be made available until expended to be de-
rived by transfer from unobligated balances of the Working
Capital Fund in the Department of Justice.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems
of witnesses, for expenses of contracts for the procurement
and supervision of expert witnesses, for private counsel ex-
penses, and for per diems in lieu of subsistence, as author-
ized by law, including advances, $85,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction, renova-
tions, maintenance, remodeling, and repair of buildings
and the purchase of equipment incident thereto for protected
witness safesites; of which not to exceed $1,000,000 may be
made available for the purchase and maintenance of ar-
mored vehicles for transportation of protected witnesses;
and of which not to exceed $4,000,000 may be made avail-
561
able for the purchase, installation and maintenance of a
secure automated information network to store and retrieve
the identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $5,319,000: Provided, That notwithstanding any
other provision of this title, upon a determination by the
Attorney General that emergent circumstances require addi-
tional funding for conflict prevention and resolution activi-
ties of the Community Relations Service, the Attorney Gen-
eral may transfer such amounts to the Community Rela-
tions Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be nec-
essary to respond to such circumstances: Provided further,
That any transfer pursuant to this section shall be treated
as a reprogramming under section 605 of this Act and shall
not be available for obligation or expenditure except in com-
pliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (C), (F), and (G), as amended, $30,000,000 to be de-
rived from the Department of Justice Assets Forfeiture
Fund.
562
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance
with 
the 
Radiation 
Exposure 
Compensation 
Act,
$2,655,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST
FUND
For payments to the Radiation Exposure Compensa-
tion Trust Fund, $16,264,000, to become available on Octo-
ber 1, 1996.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution
of individuals involved in organized crime drug trafficking,
$359,843,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under au-
thorities available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated bal-
ances remaining available at the end of the fiscal year shall
revert to the Attorney General for reallocation among par-
ticipating organizations in succeeding fiscal years, subject
563
to the reprogramming procedures described in section 605
of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including
purchase for police-type use of not to exceed 1,815 passenger
motor vehicles of which 1,300 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor vehicles;
acquisition, lease, maintenance and operation of aircraft;
and not to exceed $70,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate
of, the Attorney General; $2,189,183,000, of which not to
exceed $50,000,000 for automated data processing and tele-
communications and technical investigative equipment and
$1,000,000 for undercover operations shall remain available
until September 30, 1997; of which not less than
$102,345,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to
our national security; of which not to exceed $98,400,000
shall remain available until expended; of which not to ex-
ceed $10,000,000 is authorized to be made available for
making payments or advances for expenses arising out of
564
contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000
shall be available to maintain an independent program of-
fice dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of fin-
gerprint identification services: Provided, That not to ex-
ceed $45,000 shall be available for official reception and
representation expenses: Provided further, That $58,000,000
shall be made available for NCIC 2000, of which not less
than $35,000,000 shall be derived from ADP and Tele-
communications unobligated balances, and of which
$22,000,000 shall be derived by transfer and available until
expended from unobligated balances in the Working Capital
Fund of the Department of Justice.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by Public Law 103–322,
$218,300,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, of which $208,800,000 shall be for activities author-
ized by section 190001(c); $4,000,000 for Training and In-
vestigative Assistance authorized by section 210501(c)(2);
and $5,500,000 for establishing DNA quality assurance and
proficiency testing standards, establishing an index to fa-
cilitate law enforcement exchange of DNA identification in-
565
formation, and related activities authorized by section
210306.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $97,589,000, to re-
main available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Ad-
ministration, including not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character, to be ex-
pended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, includ-
ing travel and related expenses for participants in such pro-
grams and the distribution of items of token value that pro-
mote the goals of such programs; purchase of not to exceed
1,208 passenger motor vehicles, of which 1,178 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of air-
craft; $750,168,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
566
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for infor-
mation, not to exceed $4,000,000 for contracting for ADP
and telecommunications equipment, and not to exceed
$2,000,000 for technical and laboratory equipment shall re-
main available until September 30, 1997, and of which not
to exceed $50,000 shall be available for official reception
and representation expenses.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and
190001(b) of Public Law 103–322, $60,000,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, in-
cluding not to exceed $50,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-type
use (not to exceed 813 of which 177 are for replacement
only) without regard to the general purchase price limita-
tion for the current fiscal year, and hire of passenger motor
567
vehicles; acquisition, lease, maintenance and operation of
aircraft; and research related to immigration enforcement;
$1,394,825,000, of which $36,300,000 shall remain avail-
able until September 30, 1997; of which $506,800,000 is
available for the Border Patrol; of which not to exceed
$400,000 for research shall remain available until ex-
pended; and of which not to exceed $10,000,000 shall be
available for costs associated with the training program for
basic officer training: Provided, That none of the funds
available to the Immigration and Naturalization Service
shall be available for administrative expenses to pay any
employee overtime pay in an amount in excess of $25,000
during the calendar year beginning January 1, 1996: Pro-
vided further, That uniforms may be purchased without re-
gard to the general purchase price limitation for the current
fiscal year: Provided further, That not to exceed $5,000
shall be available for official reception and representation
expenses: Provided further, That the Attorney General may
transfer to the Department of Labor and the Social Security
Administration not to exceed $10,000,000 for programs to
verify the immigration status of persons seeking employ-
ment in the United States: Provided further, That none of
the funds provided in this or any other Act shall be used
for the continued operation of the San Clemente and
Temecula checkpoints unless: (1) the checkpoints are open
568
and traffic is being checked on a continuous 24-hour basis
and (2) the Immigration and Naturalization Service under-
takes a commuter lane facilitation pilot program at the San
Clemente checkpoint within 90 days of enactment of this
Act: Provided further, That the Immigration and Natu-
ralization Service shall undertake the renovation and im-
provement of the San Clemente checkpoint, to include the
addition of two to four lanes, and which shall be exempt
from Federal procurement regulations for contract forma-
tion, from within existing balances in the Immigration and
Naturalization Service Construction account: Provided fur-
ther, That if renovation of the San Clemente checkpoint is
not completed by July 1, 1996, the San Clemente checkpoint
will close until such time as the renovations and improve-
ments are completed unless funds for the continued oper-
ation of the checkpoint are provided and made available
for obligation and expenditure in accordance with proce-
dures set forth in section 605 of this Act, as the result of
certification by the Attorney General that exigent cir-
cumstances require the checkpoint to be open and delays
in completion of the renovations are not the result of any
actions that are or have been in the control of the Depart-
ment of Justice: Provided further, That the Office of Public
Affairs at the Immigration and Naturalization Service
shall conduct its business in areas only relating to its
569
central mission, including: research, analysis, and dissemi-
nation of information, through the media and other commu-
nications outlets, relating to the activities of the Immigra-
tion and Naturalization Service: Provided further, That the
Office of Congressional Relations at the Immigration and
Naturalization Service shall conduct business in areas only
relating to its central mission, including: providing services
to Members of Congress relating to constituent inquiries
and requests for information; and working with the relevant
congressional committees on proposed legislation affecting
immigration matters: Provided further, That in addition
to amounts otherwise made available in this title to the At-
torney General, the Attorney General is authorized to accept
and utilize, on behalf of the United States, the $100,000
Innovation in American Government Award for 1995 from
the Ford Foundation for the Immigration and Naturaliza-
tion Service’s Operation Jobs program.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130005, 130006,
and 130007 of Public Law 103–322, $316,198,000, to re-
main available until expended, which will be derived from
the Violent Crime Reduction Trust Fund, of which
$38,704,000 shall be for expeditious deportation of denied
asylum applicants, $231,570,000 for improving border con-
trols, and $45,924,000 for expanded special deportation
570
proceedings: Provided, That of the amounts made available,
$75,765,000 shall be for the Border Patrol.
CONSTRUCTION
For planning, construction, renovation, equipping and
maintenance of buildings and facilities necessary for the ad-
ministration and enforcement of the laws relating to immi-
gration, naturalization, and alien registration, not other-
wise provided for, $25,000,000, to remain available until
expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, oper-
ation, and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 853, of which
559 are for replacement only) and hire of law enforcement
and passenger motor vehicles; and for the provision of tech-
nical assistance and advice on corrections related issues to
foreign governments; $2,567,578,000: Provided, That there
may be transferred to the Health Resources and Services
Administration such amounts as may be necessary, in the
discretion of the Attorney General, for direct expenditures
by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided fur-
ther, That the Director of the Federal Prison System (FPS),
where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor to determine the
571
amounts payable to persons who, on behalf of the FPS, fur-
nish health services to individuals committed to the custody
of the FPS: Provided further, That uniforms may be pur-
chased without regard to the general purchase price limita-
tion for the current fiscal year: Provided further, That not
to exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to ex-
ceed $50,000,000 for the activation of new facilities shall
remain available until September 30, 1997: Provided fur-
ther, That of the amounts provided for Contract Confine-
ment, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements and other expenses
authorized by section 501(c) of the Refugee Education As-
sistance Act of 1980 for the care and security in the United
States of Cuban and Haitian entrants: Provided further,
That no funds appropriated in this Act shall be used to
privatize any Federal prison facilities located in Forrest
City, Arkansas, and Yazoo City, Mississippi.
VIOLENT CRIME REDUCTION PROGRAMS
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of Public Law 103–322,
$13,500,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund.
572
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust Fa-
cility; purchase and acquisition of facilities and remodeling
and equipping of such facilities for penal and correctional
use, including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling,
and equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed
under this appropriation: Provided further, That not to ex-
ceed 10 percent of the funds appropriated to ‘‘Buildings and
Facilities’’ in this Act or any other Act may be transferred
to ‘‘Salaries and Expenses’’, Federal Prison System upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section
605 of this Act: Provided further, That of the total amount
appropriated, not to exceed $22,351,000 shall be available
for the renovation and construction of United States Mar-
shals Service prisoner holding facilities.
573
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord
with the law, and to make such contracts and commitments,
without regard to fiscal year limitations as provided by sec-
tion 9104 of title 31, United States Code, as may be nec-
essary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including
purchase of (not to exceed five for replacement only) and
hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
PRISON INDUSTRIES, INCORPORATED
Not to exceed $3,559,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed
on an accrual basis to be determined in accordance with
the corporation’s current prescribed accounting system, and
such amounts shall be exclusive of depreciation, payment
of claims, and expenditures which the said accounting sys-
tem requires to be capitalized or charged to cost of commod-
ities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, con-
struction, operation, maintenance, improvement, protec-
tion, or disposition of facilities and other property belong-
ing to the corporation or in which it has an interest.
574
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and the
Missing Children’s Assistance Act, as amended, including
salaries and expenses in connection therewith, and with the
Victims of Crime Act of 1984, as amended, $99,977,000,
to remain available until expended, as authorized by section
1001 of title I of the Omnibus Crime Control and Safe
Streets Act, as amended by Public Law 102–534 (106 Stat.
3524).
VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE
ASSISTANCE
For assistance (including amounts for administrative
costs for management and administration, which amounts
shall be transferred to and merged with the ‘‘Justice Assist-
ance’’ account) authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103–322 (‘‘the
1994 Act’’); the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims
of Child Abuse Act of 1990, as amended (‘‘the 1990 Act’’);
$202,400,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund; of which $6,000,000 shall be for the Court Appointed
Special Advocate Program, as authorized by section 218 of
575
the 1990 Act; $750,000 for Child Abuse Training Programs
for Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act; $130,000,000 for Grants to
Combat Violence Against Women to States, units of local
governments and Indian tribal governments, as authorized
by section 1001(a)(18) of the 1968 Act; $28,000,000 for
Grants to Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized
by section 1001(a)(19) of the 1968 Act; $7,000,000 for
Rural Domestic Violence and Child Abuse Enforcement As-
sistance Grants, as authorized by section 40295 of the 1994
Act; $1,000,000 for training programs to assist probation
and parole officers who work with released sex offenders,
as authorized by section 40152(c) of the Violent Crime Con-
trol and Law Enforcement Act of 1994; $50,000 for grants
for televised testimony, as authorized by section 1001(a)(7)
of the Omnibus Crime Control and Safe Streets Act of 1968;
$200,000 for the study of State databases on the incidence
of sexual and domestic violence, as authorized by section
40292 of the Violent Crime Control and Law Enforcement
Act of 1994; $1,500,000 for national stalker and domestic
violence reduction, as authorized by section 40603 of the
1994 Act; $27,000,000 for grants for residential substance
abuse treatment for State prisoners authorized by section
1001(a)(17) of the 1968 Act; and $900,000 for the Missing
576
Alzheimer’s Disease Patient Alert Program, as authorized
by section 240001(d) of the 1994 Act: Provided, That any
balances for these programs shall be transferred to and
merged with this appropriation.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968, as amend-
ed, for State and Local Narcotics Control and Justice As-
sistance Improvements, notwithstanding the provisions of
section 511 of said Act, $388,000,000, to remain available
until expended, as authorized by section 1001 of title I of
said Act, as amended by Public Law 102–534 (106 Stat.
3524), of which $60,000,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title
I of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assist-
ance Programs: Provided, That balances of amounts appro-
priated prior to fiscal year 1995 under the authorities of
this account shall be transferred to and merged with this
account.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL
LAW ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative
costs for management and administration, which amounts
shall be transferred to and merged with the ‘‘Justice Assist-
577
ance’’ account) authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103–322 (‘‘the
1994 Act’’); the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims
of Child Abuse Act of 1990, as amended (‘‘the 1990 Act’’);
$3,005,200,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund; of which $1,903,000,000 shall be for Local Law En-
forcement Block Grants, pursuant to H.R. 728 as passed
by the House of Representatives on February 14, 1995 for
the purposes set forth in paragraphs (A), (B), (D), (F), and
(I) of section 101(a)(2) of H.R. 728 and for establishing
crime prevention programs involving cooperation between
community residents and law enforcement personnel in
order to control, detect, or investigate crime or the prosecu-
tion of criminals: Provided, That recipients are encouraged
to use these funds to hire additional law enforcement offi-
cers: Provided further, That no less than $975,000,000 of
this amount shall be available for Public Safety and Com-
munity Policing grants pursuant to title I of the 1994 Act:
Provided further, That no less than $20,000,000 shall be
for the District of Columbia Metropolitan Police Depart-
ment to be used at the discretion of the police chief for law
enforcement purposes, conditioned upon prior written con-
sultation and notification being given to the chairman and
578
ranking members of the House and Senate Committees on
the Judiciary and Appropriations: Provided further, That
no less than $25,000,000 of this amount shall be for drug
courts pursuant to title V of the 1994 Act: Provided further,
That not less than $20,000,000 of this amount shall be for
Boys & Girls Clubs of America for the establishment of Boys
& Girls Clubs in public housing facilities and other areas
in cooperation with State and local law enforcement: Pro-
vided further, That not less than $80,000,000 of such
amount shall be for crime prevention block grants pursuant
to subtitle B of title III of the 1994 Act: Provided further,
That funds may also be used to defray the costs of indem-
nification insurance for law enforcement officers: Provided
further, That $10,000,000 of this amount shall be available
for programs of Police Corps education, training and serv-
ice as set forth in sections 200101–200113 of the 1994 Act;
$25,000,000 for grants to upgrade criminal records, as au-
thorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of
the National Child Protection Act of 1993; $147,000,000 as
authorized by section 1001 of title I of the 1968 Act, which
shall be available to carry out the provisions of subpart 1,
part E of title I of the 1968 Act, notwithstanding section
511 of said Act, for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs; $300,000,000
579
for the State Criminal Alien Assistance Program, as au-
thorized by section 242(j) of the Immigration and National-
ity Act, as amended; $617,500,000 for Violent Offender In-
carceration and Truth in Sentencing Incentive Grants pur-
suant to subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (as amended by section
114 of this Act), of which $200,000,000 shall be available
for payments to States for incarceration of criminal aliens,
and of which $12,500,000 shall be available for the Coopera-
tive Agreement Program; $1,000,000 for grants to States
and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968
Act; $9,000,000 for Improved Training and Technical Auto-
mation Grants, as authorized by section 210501(c)(1) of the
1994 Act; $1,000,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968
Act; $500,000 for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act;
$1,000,000 for Gang Investigation Coordination and Infor-
mation Collection, as authorized by section 150006 of the
1994 Act; $200,000 for grants as authorized by section
32201(c)(3) of the 1994 Act: Provided further, That funds
made available in fiscal year 1996 under subpart 1 of part
E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, may be obligated for programs
580
to assist States in the litigation processing of death penalty
Federal habeas corpus petitions: Provided further, That any
1995 balances for these programs shall be transferred to and
merged with this appropriation: Provided further, That if
a unit of local government uses any of the funds made avail-
able under this title to increase the number of law enforce-
ment officers, the unit of local government will achieve a
net gain in the number of law enforcement officers who per-
form nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to im-
plement ‘‘Weed and Seed’’ program activities, $28,500,000,
which shall be derived from discretionary grants provided
under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, to remain available
until expended for intergovernmental agreements, including
grants, cooperative agreements, and contracts, with State
and local law enforcement agencies engaged in the inves-
tigation and prosecution of violent crimes and drug offenses
in ‘‘Weed and Seed’’ designated communities, and for either
reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
‘‘Weed and Seed’’ program strategy: Provided, That funds
designated by Congress through language for other Depart-
581
ment of Justice appropriation accounts for ‘‘Weed and
Seed’’ program activities shall be managed and executed by
the Attorney General through the Executive Office for Weed
and Seed: Provided further, That the Attorney General may
direct the use of other Department of Justice funds and per-
sonnel in support of ‘‘Weed and Seed’’ program activities
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and
other assistance authorized by the Juvenile Justice and De-
linquency Prevention Act of 1974, as amended, including
salaries and expenses in connection therewith to be trans-
ferred to and merged with the appropriations for Justice
Assistance, $144,000,000, to remain available until ex-
pended, as authorized by section 299 of part I of title II
and section 506 of title V of the Act, as amended by Public
Law 102–586, of which: (1) $100,000,000 shall be available
for expenses authorized by parts A, B, and C of title II
of the Act; (2) $10,000,000 shall be available for expenses
authorized by sections 281 and 282 of part D of title II
of the Act for prevention and treatment programs relating
to juvenile gangs; (3) $10,000,000 shall be available for ex-
penses authorized by section 285 of part E of title II of
the Act; (4) $4,000,000 shall be available for expenses au-
582
thorized by part G of title II of the Act for juvenile
mentoring programs; and (5) $20,000,000 shall be available
for expenses authorized by title V of the Act for incentive
grants for local delinquency prevention programs.
In addition, for grants, contracts, cooperative agree-
ments, and other assistance authorized by the Victims of
Child Abuse Act of 1990, as amended, $4,500,000, to remain
available until expended, as authorized by section 214B, of
the Act: Provided, That balances of amounts appropriated
prior to fiscal year 1995 under the authorities of this ac-
count shall be transferred to and merged with this account.
PUBLIC SAFETY OFFICERS BENEFITS
For payments authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796), as amended, such sums as are necessary, to
remain available until expended, as authorized by section
6093 of Public Law 100–690 (102 Stat. 4339–4340), and,
in addition, $2,134,000, to remain available until ex-
pended, for payments as authorized by section 1201(b) of
said Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made
available in this title for official reception and representa-
tion expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
583
and representation expenses in accordance with distribu-
tions, procedures, and regulations established by the Attor-
ney General.
SEC. 102. Subject to section 102(b) of the Department
of Justice and Related Agencies Appropriations Act, 1993,
as amended by section 112 of this Act, authorities contained
in Public Law 96–132, ‘‘The Department of Justice Appro-
priation Authorization Act, Fiscal Year 1980’’, shall re-
main in effect until the termination date of this Act or until
the effective date of a Department of Justice Appropriation
Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were car-
ried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
SEC. 104. None of the funds appropriated under this
title shall be used to require any person to perform, or fa-
cilitate in any way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall re-
move the obligation of the Director of the Bureau of Prisons
to provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the
584
effect of section 104 intended to address the philosophical
beliefs of individual employees of the Bureau of Prisons.
SEC. 106. Notwithstanding any other provision of law,
not to exceed $10,000,000 of the funds made available in
this Act may be used to establish and publicize a program
under which publicly-advertised, extraordinary rewards
may be paid, which shall not be subject to spending limita-
tions contained in sections 3059 and 3072 of title 18, Unit-
ed States Code: Provided, That any reward of $100,000 or
more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attor-
ney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Justice in this Act, including those derived from
the Violent Crime Reduction Trust Fund, may be trans-
ferred between such appropriations, but no such appropria-
tion, except ‘‘salaries and expenses, Community Relations
Service’’ or as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in
that section.
585
SEC. 108. For fiscal year 1996 and each fiscal year
thereafter, amounts in the Federal Prison System’s Com-
missary Fund, Federal Prisons, which are not currently
needed for operations, shall be kept on deposit or invested
in obligations of, or guaranteed by, the United States and
all earnings on such investment shall be deposited in the
Commissary Fund.
SEC. 109. (a) Section 524(c)(8)(E) of title 28, United
States Code, is amended by deleting ‘‘1994’’ and inserting
‘‘1995’’ in place thereof.
(b) Section 524(c)(9) is amended to read as follows:
‘‘(9) Following the completion of procedures for the forfeit-
ure of property pursuant to any law enforced or adminis-
tered by the Department, the Attorney General is author-
ized, at his discretion, to warrant clear title to any subse-
quent purchaser or transferee of such property.’’.
SEC. 110. Hereafter, notwithstanding any other provi-
sion of law—
(1) No transfers may be made from Department
of Justice accounts other than those authorized in this
Act, or in previous or subsequent appropriations Acts
for the Department of Justice, or in part II of title
28 of the United States Code, or in section 10601 of
title 42 of the United States Code; and
587
SEC. 113. Public Law 101–515 (104 Stat. 2112; 28
U.S.C. 534 note) is amended by inserting ‘‘and criminal
justice information’’ after ‘‘for the automation of finger-
print identification’’.
SEC. 114. (a) GRANT PROGRAM.—Subtitle A of title
II of the Violent Crime Control and Law Enforcement Act
of 1994 is amended to read as follows:
‘‘Subtitle A—Violent Offender In-
carceration and Truth-in-Sen-
tencing Incentive Grants
‘‘SEC. 20101. DEFINITIONS.
‘‘As used in this subtitle—
‘‘(1) the term ‘indeterminate sentencing’ means a
system by which—
‘‘(A) the court may impose a sentence of a
range defined by statute; and
‘‘(B) an administrative agency, generally
the parole board, or the court, controls release
within the statutory range;
‘‘(2) the term ‘sentencing guidelines’ means
a system of sentences which—
‘‘(A) is established for use by a sentenc-
ing court in determining the sentence to be
imposed in a criminal case; and
588
‘‘(B) increases certainty in sentencing,
thereby providing assurances to victims of
the sentence to be served;
‘‘(3) the term ‘part 1 violent crime’ means mur-
der and nonnegligent manslaughter, forcible rape,
robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the
Uniform Crime Reports; and
‘‘(4) the term ‘State’ means a State of the United
States, the District of Columbia, or any common-
wealth, territory, or possession of the United States.
‘‘SEC. 20102. AUTHORIZATION OF GRANTS.
‘‘(a) IN GENERAL.—The Attorney General shall pro-
vide Violent Offender Incarceration grants under section
20103(a) and Truth-in-Sentencing Incentive grants under
section 20103(b) to eligible States—
‘‘(1) to build or expand correctional facilities to
increase the bed capacity for the confinement of per-
sons convicted of a part 1 violent crime or adju-
dicated delinquent for an act which if committed by
an adult, would be a part 1 violent crime;
‘‘(2) to build or expand temporary or permanent
correctional facilities, including facilities on military
bases, prison barges, and boot camps, for the confine-
ment of convicted nonviolent offenders and criminal
589
aliens, for the purpose of freeing suitable existing
prison space for the confinement of persons convicted
of a part 1 violent crime; and
‘‘(3) to build or expand jails.
‘‘(b) REGIONAL COMPACTS.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
States may enter into regional compacts to carry out
this subtitle. Such compacts shall be treated as States
under this subtitle.
‘‘(2) REQUIREMENT.—To be recognized as a re-
gional compact for eligibility for a grant under sec-
tion 20103 (a) or (b), each member State must be eli-
gible individually.
‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No
State may receive a grant under this subtitle both in-
dividually and as part of a compact.
‘‘(c) APPLICABILITY.—Notwithstanding the eligibility
requirements of section 20103, a State that certifies to the
Attorney General that, as of the date of enactment of the
Department of Justice Appropriations Act, 1996, such State
has enacted legislation in reliance on subtitle A of title II
of the Violent Crime Control and Law Enforcement Act,
as enacted on September 13, 1994, and would in fact qual-
ify under those provisions, shall be eligible to receive a grant
590
for fiscal year 1996 as though such State qualifies under
section 20103 of this subtitle.
‘‘SEC. 20103. GRANT ELIGIBILITY.
‘‘(a) VIOLENT OFFENDER INCARCERATION GRANTS.—
To be eligible to receive a grant under this subtitle, a State
shall submit an application to the Attorney General that
provides assurances that the State has implemented, or will
implement, correctional policies and programs, including
truth-in-sentencing laws that ensure that violent offenders
serve a substantial portion of the sentences imposed, that
are designed to provide sufficiently severe punishment for
violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the
determination that the inmate is a violent offender and for
a period of time deemed necessary to protect the public.
‘‘(b) TRUTH-IN-SENTENCING INCENTIVES.—
‘‘(1) ELIGIBILITY.—To be eligible to receive an
additional grant award under this subsection, a State
shall submit an application to the Attorney General
that demonstrates that—
‘‘(A) such State has implemented truth-in-
sentencing laws that—
‘‘(i) require persons convicted of a part
1 violent crime to serve not less than 85
percent of the sentence imposed (not count-
591
ing time not actually served, such as ad-
ministrative or statutory incentives for good
behavior); or
‘‘(ii) result in persons convicted of a
part 1 violent crime serving on average not
less than 85 percent of the sentence imposed
(not counting time not actually served, such
as administrative or statutory incentives for
good behavior);
‘‘(B) such State has truth-in-sentencing
laws that have been enacted, but not yet imple-
mented, that require such State, not later than
3 years after such State submits an application
to the Attorney General, to provide that persons
convicted of a part 1 violent crime serve not less
than 85 percent of the sentence imposed (not
counting time not actually served, such as ad-
ministrative or statutory incentives for good be-
havior);
‘‘(C) in the case of a State that on the date
of enactment of the Departments of Commerce,
Justice, and State, the Judiciary and Related
Agencies Appropriations Act, 1996, practices in-
determinate sentencing with regard to any part
1 violent crime, persons convicted of a part 1
592
violent crime in such State on average serve not
less than 85 percent of the sentence established
under the State’s sentencing guidelines (not
counting time not actually served, such as ad-
ministrative or statutory incentives for good be-
havior); or
‘‘(D) the number of new court commitments
to prison for part 1 violent crimes has increased
by 10 percent or more over the most recent 3-
year period.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), a State may provide that the Governor of the
State may allow for the earlier release of—
‘‘(A) a geriatric prisoner; or
‘‘(B) a prisoner whose medical condition
precludes the prisoner from posing a threat to
the public, but only after a public hearing in
which representatives of the public and the pris-
oner’s victims have had an opportunity to be
heard regarding a proposed release.
‘‘SEC. 20104. SPECIAL RULES.
‘‘(a) SHARING OF FUNDS WITH COUNTIES AND OTHER
UNITS OF LOCAL GOVERNMENT.—
‘‘(1) RESERVATION.—Each State shall reserve
not more than 15 percent of the amount of funds allo-
593
cated in a fiscal year pursuant to section 20105 for
counties and units of local government to construct,
develop, expand, modify, or improve jails and other
correctional facilities.
‘‘(2) 
FACTORS
FOR
DETERMINATION
OF
AMOUNT.—To determine the amount of funds to be re-
served under this subsection, a State shall consider
the burden placed on a county or unit of local govern-
ment that results from the implementation of policies
adopted by the State to carry out section 20103.
‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to re-
ceive a grant under section 20103, a State shall provide
assurances to the Attorney General that the State has imple-
mented or will implement not later than 18 months after
the date of the enactment of this subtitle policies that pro-
vide for the recognition of the rights and needs of crime
victims.
‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith-
standing any other provision of this subtitle, if a State, or
unit of local government located in a State that otherwise
meets the requirements of section 20103, certifies to the At-
torney General that exigent circumstances exist that require
the State to expend funds to build or expand facilities to
confine juvenile offenders other than juvenile offenders adju-
dicated delinquent for an act which, if committed by an
594
adult, would be a part 1 violent crime, the State may use
funds received under this subtitle to build or expand juve-
nile correctional facilities or pretrial detention facilities for
juvenile offenders.
‘‘(d) PRIVATE FACILITIES.—A State may use funds re-
ceived under this subtitle for the privatization of facilities
to carry out the purposes of section 20102.
‘‘(e) DEFINITION.—In a case in which a State defines
a part 1 violent crime differently than the definition pro-
vided in the Uniform Crime Reports, the Attorney General
shall determine and designate whether the definition by
such State is substantially similar to the definition pro-
vided in the Uniform Crime Reports.
‘‘SEC. 20105. FORMULA FOR GRANTS.
‘‘In determining the amount of funds that may be
granted to each State eligible to receive a grant under sec-
tion 20103, the Attorney General shall apply the following
formula:
‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER SEC-
TION 20103(a).—Of the amount set aside for grants
for section 20103(a), 0.75 percent shall be allocated to
each eligible State, except that the United States Vir-
gin Islands, American Samoa, Guam, and the Com-
monwealth of the Northern Mariana Islands shall
each be allocated 0.05 percent.
595
‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER SEC-
TION 20103(b).—Of the amount set aside for addi-
tional grant awards under section 20103(b)—
‘‘(A) if fewer than 20 States are awarded
grants under section 20103(b), 2.5 percent of the
amounts paid shall be allocated to each eligible
State, except that the United States Virgin Is-
lands, American Samoa, Guam, and the Com-
monwealth of the Northern Mariana Islands
shall each be allocated 0.05 percent; and
‘‘(B) if 20 or more States are awarded
grants under section 20103(b), 2.0 percent of the
amounts awarded shall be allocated to each eligi-
ble State, except that the United States Virgin
Islands, American Samoa, Guam, and the Com-
monwealth of the Northern Mariana Islands
shall each be allocated 0.04 percent.
‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—
‘‘(A) ALLOCATION OF REMAINING AMOUNTS
UNDER
SECTION 20103(a).—The amounts re-
maining after the application of paragraph (1)
shall be allocated to each eligible State in the
ratio that the population of such State bears to
the population of all States.
596
‘‘(B) 
DISTRIBUTION
OF
REMAINING
AMOUNTS
UNDER
SECTION
20103(b).—The
amounts remaining after the application of
paragraph (2) shall be allocated to each eligible
State in the ratio that the average annual num-
ber of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for
the 3 years preceding the year in which the de-
termination is made bears to the average annual
number of part 1 violent crimes reported by all
such States to the Federal Bureau of Investiga-
tion for the 3 years preceding the year in which
the determination is made.
‘‘(C) UNAVAILABLE DATA.—If data regard-
ing part 1 violent crimes in any State is un-
available for the 3 years preceding the year in
which the determination is made or substantially
inaccurate, the Attorney General shall utilize the
best available comparable data regarding the
number of violent crimes for the previous year
for the State for the purposes of allocation of
funds under this subtitle.
‘‘(4) REGIONAL COMPACTS.—In determining the
funds that States organized as a regional compact
may receive, the Attorney General shall first apply
597
the formula in either paragraph (1) or (2) and (3)
of this section to each member State of the compact.
The States organized as a regional compact may re-
ceive the sum of the amounts so determined.
‘‘SEC. 20106. ACCOUNTABILITY.
‘‘(a) FISCAL REQUIREMENTS.—A State that receives
funds under this subtitle shall use accounting, audit, and
fiscal procedures that conform to guidelines prescribed by
the Attorney General, and shall ensure that any funds used
to carry out the programs under section 20102(a) shall rep-
resent the best value for the State governments at the lowest
possible cost and employ the best available technology.
‘‘(b) ADMINISTRATIVE PROVISIONS.—The administra-
tive provisions of sections 801 and 802 of the Omnibus
Crime Control and Safe Streets Act of 1968 shall apply to
the Attorney General under this subtitle in the same man-
ner that such provisions apply to the officials listed in such
sections.
‘‘SEC. 20107. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATIONS.—There are authorized to
be appropriated to carry out this subtitle—
‘‘(A) $997,500,000 for fiscal year 1996;
‘‘(B) $1,330,000,000 for fiscal year 1997;
‘‘(C) $2,527,000,000 for fiscal year 1998;
598
‘‘(D) $2,660,000,000 for fiscal year 1999;
and
‘‘(E) $2,753,100,000 for fiscal year 2000.
‘‘(2) DISTRIBUTION.—
‘‘(A) IN
GENERAL.—Subject to section
20108, of the amount appropriated pursuant to
paragraph (1), the Attorney General shall re-
serve—
‘‘(i) in fiscal year 1996, 50 percent for
grants under section 20103(a), and 50 per-
cent for additional incentive awards under
section 20103(b);
‘‘(ii) in fiscal year 1997, 30 percent for
grants under section 20103(a), and 70 per-
cent for additional incentive awards under
section 20103(b);
‘‘(iii) in fiscal year 1998, 20 percent
for grants under section 20103(a), and 80
percent for additional incentive awards
under section 20103(b);
‘‘(iv) in fiscal year 1999, 15 percent
for grants under section 20103(a), and 85
percent for additional incentive awards
under section 20103(b); and
599
‘‘(v) in fiscal year 2000, 10 percent for
grants under section 20103(a), and 90 per-
cent for additional incentive awards under
section 20103(b);
‘‘(B) 
DISTRIBUTION
OF
MINIMUM
AMOUNTS.—The Attorney General shall distrib-
ute minimum amounts allocated under section
20105 (1) and (2) to an eligible State not later
than 30 days after receiving an application that
demonstrates that such State qualifies for a Vio-
lent Offender Incarceration grant under section
20103(a) or a Truth-in-Sentencing Incentive
grant under section 20103(b).
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Except as provided in
section 20110, funds made available pursuant to this
section shall be used only to carry out the purposes
described in section 20102(a).
‘‘(2) NONSUPPLANTING
REQUIREMENT.—Funds
made available pursuant to this section shall not be
used to supplant State funds, but shall be used to in-
crease the amount of funds that would, in the absence
of Federal funds, be made available from State
sources.