209
transferred to the Bureau of Reclamation: Provided fur-
ther, That not to exceed 6 per centum of contract author-
ity available to the Bureau of Indian Affairs from the Fed-
eral Highway Trust Fund may be used to cover the road
program management costs of the Bureau of Indian Af-
fairs: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for the fiscal year ending September 30,
1996, in implementing new construction or facilities im-
provement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100–297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Require-
ments and Cost Principles for Assistance Programs con-
tained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in con-
sidering applications, the Secretary shall consider whether
the Indian tribe or tribal organization would be deficient
in assuring that the construction projects conform to ap-
plicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25
210
U.S.C. 2005(a), with respect to organizational and finan-
cial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall fol-
low the requirements contained in 25 U.S.C. 2505(f): Pro-
vided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to
the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$80,645,000, to remain available until expended; of which
$78,600,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 87–483, 97–293, 101–618, 102–374, 102–
441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to
exceed $8,000,000, which shall be for the Federal share
of the Catawba Indian Tribe of South Carolina Claims
Settlement, as authorized by section 5(a) of Public Law
103–116; and of which $1,045,000 shall be available pur-
suant to Public Laws 98–500, 99–264, and 100–580; and
of which $1,000,000 shall be available (1) to liquidate obli-
gations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competi-
tive Equality Banking Act of 1987 (Public Law 100–86
211
(101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In-
dividual Indian Monies trust funds, Indian Irrigation Sys-
tems, and Indian Power Systems accounts amounts in-
vested in credit unions or defaulted savings and loan asso-
ciations and which were not Federally insured, and (3)
to reimburse Indian trust fund account holders for losses
to their respective accounts where the claim for said
loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance
requests associated with loans and grants approved under
the Indian Financing Act of 1974, as amended, $500,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not
to exceed $35,914,000.
In addition, for administrative expenses necessary to
carry out the guaranteed loan program, $500,000.
212
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall
be available for expenses of exhibits, and purchase of not
to exceed 275 passenger carrying motor vehicles, of which
not to exceed 215 shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,661,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Govern-
ment of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Is-
lands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $3,527,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
213
governments herein provided for, including such trans-
actions of all agencies or instrumentalities established or
utilized by such governments, may be audited by the Gen-
eral Accounting Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mari-
ana Islands approved by Public Law 99–396, or any sub-
sequent legislation related to Commonwealth of the North-
ern Mariana Islands Covenant grant funding: Provided
further, That of the amounts provided for technical assist-
ance, sufficient funding shall be made available for a grant
to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance im-
provement are appropriated to institutionalize routine op-
erations and maintenance of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations and maintenance needs, improved capa-
bility of local operations and maintenance institutions and
agencies (including management and vocational education
214
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the pur-
pose of hazard mitigation grants provided pursuant to sec-
tion 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compacts of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$24,938,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658:
Provided, That notwithstanding section 112 of Public Law
101–219 (103 Stat. 1873), the Secretary of the Interior
may agree to technical changes in the specifications for
the project described in the subsidiary agreement nego-
tiated under section 212(a) of the Compact of Free Asso-
215
ciation, Public Law 99–658, or its annex, if the changes
do not result in increased costs to the United States.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $56,456,000, of which not to ex-
ceed $7,500 may be for official reception and representa-
tion expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$34,337,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $23,939,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction
Management, $500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant to Public Law 100–497,
216
$1,000,000: Provided, That on March 1, 1996, the Chair-
man shall submit to the Secretary a report detailing those
Indian tribes or tribal organizations with gaming oper-
ations that are in full compliance, partial compliance, or
non-compliance with the provisions of the Indian Gaming
Regulatory Act (25 U.S.C. 2701, et seq.): Provided fur-
ther, That the information contained in the report shall
be updated on a continuing basis.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $16,338,000, of which $15,891,000 shall re-
main available until expended for trust funds manage-
ment: Provided, That funds made available to tribes and
tribal organizations through contracts or grants obligated
during fiscal year 1996, as authorized by the Indian Self-
Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450
et seq.), shall remain available until expended by the con-
tractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim
in litigation pending on the date of this Act, concerning
losses to or mismanagement of trust funds, until the af-
fected tribe or individual Indian has been furnished with
217
the accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided fur-
ther, That obligated and unobligated balances provided for
trust funds management within ‘‘Operation of Indian pro-
grams’’, Bureau of Indian Affairs are hereby transferred
to and merged with this appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in ‘‘Departmental Management’’, ‘‘Office of the So-
licitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
218
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
219
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to the ‘‘Emergency Department
of the Interior Firefighting Fund’’ shall have been ex-
hausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be
220
‘‘emergency 
requirements’’ 
pursuant 
to 
section
251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were trans-
ferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
221
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available
for transfer, with the approval of the Secretary, between
the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service,
Land acquisition, and National Park Service, Land acqui-
sition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate
Committees on Appropriations.
222
SEC. 108. Prior to the transfer of Presidio properties
to the Presidio Trust, when authorized, the Secretary may
not obligate in any calendar month more than 1⁄12 of the
fiscal year 1996 appropriation for operation of the Pre-
sidio: Provided, That this section shall expire on December
31, 1995.
SEC. 109. Section 6003 of Public Law 101–380 is
hereby repealed.
SEC. 110. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended by the Secretary of the Interior for developing,
promulgating, and thereafter implementing a rule con-
cerning rights-of-way under section 2477 of the Revised
Statutes.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 112. No funds provided in this title may be
expended by the Department of the Interior for the con-
duct of leasing, or the approval or permitting of any drill-
223
ing or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 113. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 114. No funds provided in this title may be
expended by the Department of the Interior for the con-
duct of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 115. (a) Of the funds appropriated by this Act
or any subsequent Act providing for appropriations in fis-
cal years 1996 and 1997, not more than 50 percent of
any self-governance funds that would otherwise be allo-
cated to each Indian tribe in the State of Washington shall
actually be paid to or on account of such Indian tribe from
and after the time at which such tribe shall—
(1) take unilateral action that adversely impacts
the existing rights to and/or customary uses of,
nontribal member owners of fee simple land within
the exterior boundary of the tribe’s reservation to
224
water, electricity, or any other similar utility or ne-
cessity for the nontribal members’ residential use of
such land; or
(2) restrict or threaten to restrict said owners
use of or access to publicly maintained rights-of-way
necessary or desirable in carrying the utilities or ne-
cessities described above.
(b) Such penalty shall not attach to the initiation of
any legal actions with respect to such rights or the en-
forcement of any final judgments, appeals from which
have been exhausted, with respect thereto.
SEC. 116. Within 30 days after the enactment of this
Act, the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land
Exchange Act (Public Law 102–436) and shall complete
the exchange not later than September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as
amended, the National Park Service is authorized to ex-
pend appropriated funds for maintenance and repair of
the Company Creek Road in the Lake Chelan National
Recreation Area: Provided, That appropriated funds shall
not be expended for the purpose of improving the property
of private individuals unless specifically authorized by law.
SEC. 118. Section 4(b) of Public Law 94–241 (90
Stat. 263) as added by section 10 of Public Law 99–396
225
is amended by deleting ‘‘until Congress otherwise provides
by law.’’ and inserting in lieu thereof: ‘‘except that, for
fiscal years 1996 through 2002, payments to the Com-
monwealth of the Northern Mariana Islands pursuant to
the multi-year funding agreements contemplated under
the Covenant shall be $11,000,000 annually, subject to an
equal local match and all other requirements set forth in
the Agreement of the Special Representatives on Future
Federal Financial Assistance of the Northern Mariana Is-
lands, executed on December 17, 1992 between the special
representative of the President of the United States and
special representatives of the Governor of the Northern
Mariana Islands with any additional amounts otherwise
made available under this section in any fiscal year and
not required to meet the schedule of payments in this sub-
section to be provided as set forth in subsection (c) until
Congress otherwise provides by law.
‘‘(c) The additional amounts referred to in subsection
(b) shall be made available to the Secretary for obligation
as follows:
‘‘(1) for fiscal years 1996 through 2001,
$4,580,000 annually for capital infrastructure
projects as Impact Aid for Guam under section
104(c)(6) of Public Law 99–239;
227
mitted to the Congress concurrent with the budget
justifications for the Department of the Interior. In
developing budget recommendations for capital in-
frastructure funding, the Secretary shall indicate the
highest priority projects, consider the extent to
which particular projects are part of an overall mas-
ter plan, whether such project has been reviewed by
the Corps of Engineers and any recommendations
made as a result of such review, the extent to which
a set-aside for maintenance would enhance the life
of the project, the degree to which a local cost-share
requirement would be consistent with local economic
and fiscal capabilities, and may propose an incre-
mental set-aside, not to exceed $2,000,000 per year,
to remain available without fiscal year limitation, as
an emergency fund in the event of natural or other
disasters to supplement other assistance in the re-
pair, replacement, or hardening of essential facilities:
Provided further, That the cumulative amount set
aside for such emergency fund may not exceed
$10,000,000 at any time.
‘‘(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific alloca-
tions made in subsection (c), additional contributions may
be made, as set forth in appropriations Acts, to assist in
228
the resettlement of Rongelap Atoll: Provided, That the
total of all contributions from any Federal source after
enactment of this Act may not exceed $32,000,000 and
shall be contingent upon an agreement, satisfactory to the
President, that such contributions are a full and final set-
tlement of all obligations of the United States to assist
in the resettlement of Rongelop Atoll and that such funds
will be expended solely on resettlement activities and will
be properly audited and accounted for. In order to provide
such contributions in a timely manner, each Federal agen-
cy providing assistance or services, or conducting activi-
ties, in the Republic of the Marshall Islands, is authorized
to make funds available through the Secretary of the Inte-
rior, to assist in the resettlement of Rongelap. Nothing
in this subsection shall be construed to limit the provision
of ex gratia assistance pursuant to section 105(c)(2) of
the Compact of Free Association Act of 1985 (Public Law
99–239, 99 Stat. 1770, 1792) including for individuals
choosing not to resettle at Rongelap, except that no such
assistance for such individuals may be provided until the
Secretary notifies the Congress that the full amount of
all funds necessary for resettlement at Rongelap has been
provided.’’.
229
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as author-
ized by law, $178,000,000, to remain available until Sep-
tember 30, 1997.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $136,794,000, to remain
available until expended, as authorized by law.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
for ecosystem planning, inventory, and monitoring, and for
administrative expenses associated with the management
of funds provided under the heads ‘‘Forest Research’’,
‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Construction’’, ‘‘Fire Protection and Emergency Sup-
pression’’, and ‘‘Land Acquisition’’, $1,256,253,000, to
remain available for obligation until September 30, 1997,
230
and including 65 per centum of all monies received during
the prior fiscal year as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated and unexpended bal-
ances in the National Forest System account at the end
of fiscal year 1995, shall be merged with and made a part
of the fiscal year 1996 National Forest System appropria-
tion, and shall remain available for obligation until Sep-
tember 30, 1997: Provided further, That up to $5,000,000
of the funds provided herein for road maintenance shall
be available for the planned obliteration of roads which
are no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to National Forest System
lands or other lands under fire protection agreement, and
for emergency rehabilitation of burned over National For-
est System lands, $385,485,000, to remain available until
expended: Provided, That unexpended balances of
amounts previously appropriated under any other head-
ings for Forest Service fire activities may be transferred
to and merged with this appropriation: Provided further,
That such funds are available for repayment of advances
231
from other appropriations accounts previously transferred
for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $163,500,000, to remain available
until expended, for construction and acquisition of build-
ings and other facilities, and for construction and repair
of forest roads and trails by the Forest Service as author-
ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:
Provided, That funds becoming available in fiscal year
1996 under the Act of March 4, 1913 (16 U.S.C. 501)
shall be transferred to the General Fund of the Treasury
of the United States: Provided further, That not to exceed
$50,000,000, to remain available until expended, may be
obligated for the construction of forest roads by timber
purchasers: Provided further, That $2,500,000 of the
funds appropriated herein shall be available for a grant
to the ‘‘Non-Profit Citizens for the Columbia Gorge Dis-
covery Center’’ for the construction of the Columbia Gorge
Discovery Center: Provided further, That the Forest Serv-
ice is authorized to grant the unobligated balance of funds
appropriated in fiscal year 1995 for the construction of
the Columbia Gorge Discovery Center to the ‘‘Non-Profit
Citizens for the Columbia Gorge Discovery Center’’ to be
used for the same purpose: Provided further, That the For-
232
est Service is authorized to convey the land needed for
the construction of the Columbia Gorge Discovery Center
without cost to the ‘‘Non-Profit Citizens for the Columbia
Gorge Discovery Center’’: Provided further, That notwith-
standing any other provision of law, funds originally ap-
propriated under this head in Public Law 101–512 for the
Forest Service share of a new research facility at the Uni-
versity of Missouri, Columbia, shall be available for a
grant to the University of Missouri, as the Federal share
in the construction of the new facility: Provided further,
That agreed upon lease of space in the new facility shall
be provided to the Forest Service without charge for the
life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the Forest Service, $24,200,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
233
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds de-
posited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improve-
ments.
234
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 183 passenger motor vehicles of which 32 will be
used primarily for law enforcement purposes and of which
151 shall be for replacement; acquisition of 22 passenger
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition
of 20 aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) serv-
ices pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to ex-
ceed $100,000 for employment under 5 U.S.C. 3109; (c)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (d) acquisition of
land, waters, and interests therein, pursuant to the Act
of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur-
235
suant to the Volunteers in the National Forest Act of
1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to change the boundaries of any
region, to abolish any region, to move or close any regional
office for research, State and private forestry, or National
Forest System administration of the Forest Service, De-
partment of Agriculture, or to implement any reorganiza-
tion, ‘‘reinvention’’ or other type of organizational restruc-
turing of the Forest Service, other than the relocation of
the Regional Office for Region 5 of the Forest Service
from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the
House and Senate Committees on Appropriations and the
Committee on Agriculture, Nutrition, and Forestry and
the Committee on Energy and Natural Resources in the
United States Senate and the Committee on Agriculture
and the Committee on Resources in the United States
House of Representatives.
Any appropriations or funds available to the Forest
Service may be advanced to the Fire and Emergency Sup-
pression appropriation and may be used for forest fire-
fighting and the emergency rehabilitation of burned-over
lands under its jurisdiction: Provided, That no funds shall
236
be made available under this authority until funds appro-
priated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
Any funds available to the Forest Service may be
used for retrofitting Mare Island facilities to accommodate
the relocation: Provided, That funds for the move must
come from funds otherwise available to Region 5: Provided
further, That any funds to be provided for such purposes
shall only be available upon approval of the House and
Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.
147b unless the proposed transfer is approved in advance
237
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture without the approval of the Chief of
the Forest Service.
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
of any pipeline and related facilities, may be used to reim-
238
burse the applicable appropriation to which such costs
were originally charged.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $1,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
None of the funds available in this Act shall be used
for timber sale preparation using clearcutting in hardwood
stands in excess of 25 percent of the fiscal year 1989 har-
vested volume in the Wayne National Forest, Ohio: Pro-
vided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
239
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
To the greatest extent possible, and in accordance
with the Final Amendment to the Shawnee National For-
est Plan, none of the funds available in this Act shall be
used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands
in the Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, eighty
percent of the funds appropriated to the Forest Service
in the National Forest System and Construction accounts
and planned to be allocated to activities under the ‘‘Jobs
in the Woods’’ program for projects on National Forest
240
land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service
with such consultation with the State of Washington as
the Forest Service deems appropriate.
For one year after enactment of this Act, the Sec-
retary shall continue the current Tongass Land Manage-
ment Plan (TLMP) and may accommodate commercial
tourism (if an agreement is signed between the Forest
Service and the Alaska Visitors’ Association) except that
during this period, the Secretary shall maintain at least
the number of acres of suitable available and suitable
scheduled timber lands, and Allowable Sale Quantity, as
identified in the Preferred Alternative (Alternative P) in
the Tongass Land and Resources Management Plan and
Final Environmental Impact Statement (dated October
1992) as selected in the Record of Decision Review Draft
#3–2/93.
Nothing in this section shall be interpreted to man-
date clear-cutting or require the sale of timber and noth-
ing in this section, including the ASQ identified in Alter-
native P, shall be construed to limit the Secretary’s con-
241
sideration of new information or prejudice future revision,
amendment or modification of TLMP based upon sound,
verifiable scientific data.
If the Forest Service determines in a Supplemental
Evaluation to an Environmental Impact Statement that
no additional analysis under the National Environmental
Policy Act or section 810 of the Alaska National Interest
Lands Conservation Act is necessary for any timber sale
or offering which has been prepared for acceptance by, or
award to, a purchaser after December 31, 1988, that has
been subsequently determined by the Forest Service to be
available for sale or offering to one or more other pur-
chaser, the change of purchasers for whatever reason shall
not be considered a significant new circumstance, and the
Forest Service may offer or award such timber sale or of-
fering to a different purchaser or offeree, notwithstanding
any other provision of law. A determination by the Forest
Service pursuant to this paragraph shall not be subject
to judicial review.
None of the funds appropriated under this Act for
the Forest Service shall be made available for the purpose
of applying paint to rocks, or rock colorization: Provided,
That notwithstanding any other provision of law, the For-
est Service shall not require of any individual or entity,
as part of any permitting process under its authority, or
242
as a requirement of compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the
painting or colorization of rocks.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for promoting health and safety in mines and
the mineral industry through research (30 U.S.C. 3,
861(b), and 951(a)), for conducting inquiries, techno-
logical investigations and research concerning the extrac-
tion, processing, use, and disposal of mineral substances
without objectionable social and environmental costs (30
U.S.C. 3, 1602, and 1603), and for the development of
methods for the disposal, control, prevention, and reclama-
tion of waste products in the mining, minerals, metal, and
mineral reclamation industries (30 U.S.C. 3 and 21a),
$416,943,000, to remain available until expended: Pro-
vided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the
recovery of oil and gas.
243
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the prin-
cipal amount in the Great Plains Project Trust at the
Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1995, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $148,786,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1996: Provided further, That section 501 of Public
Law 101–45 is hereby repealed.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $553,137,000, to remain available
until expended, including, notwithstanding any other pro-
vision of law, the excess amount for fiscal year 1996 deter-
mined under the provisions of section 3003(d) of Public
Law 99–509 (15 U.S.C. 4502), and of which $16,000,000
244
shall be derived from available unobligated balances in the
Biomass Energy Development account: Provided, That
$140,696,000 shall be for use in energy conservation pro-
grams as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507) and shall not be available until ex-
cess amounts are determined under the provisions of sec-
tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509 such sums shall be allocated to the
eligible programs as follows: $114,196,000 for the weath-
erization assistance program and $26,500,000 for the
State energy conservation program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Economic Regulatory Administration and the Office
of Hearings and Appeals, $6,297,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $287,000,000, to remain available until expended,
of which $187,000,000 shall be derived by transfer of un-
245
obligated balances from the ‘‘SPR petroleum account’’ and
$100,000,000 shall be derived by transfer from the ‘‘SPR
Decommissioning Fund’’: Provided, That notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary shall draw down and sell up to seven million
barrels of oil from the Strategic Petroleum Reserve: Pro-
vided further, That the proceeds from the sale shall be de-
posited into a special account in the Treasury, to be estab-
lished and known as the ‘‘SPR Decommissioning Fund’’,
and shall be available for the purpose of removal of oil
from and decommissioning of the Weeks Island site and
for other purposes related to the operations of the Strate-
gic Petroleum Reserve.
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United
States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed
of to other than the Strategic Petroleum Reserve: Pro-
vided, That outlays in fiscal year 1996 resulting from the
use of funds in this account shall not exceed $5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $72,266,000,
to remain available until expended: Provided, That not-
withstanding section 4(d) of the Service Contract Act of
246
1965 (41 U.S.C. 353(d)) or any other provision of law,
funds appropriated under this heading hereafter may be
used to enter into a contract for end use consumption sur-
veys for a term not to exceed eight years: Provided further,
That notwithstanding any other provision of law, hereafter
the Manufacturing Energy Consumption Survey shall be
conducted on a triennial basis.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
247
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private, or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report on such
project, including the facts and circumstances relied upon
in support of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
248
procurement documents for programs or projects for
which appropriations have not been made.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $1,747,842,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 300aaa–2 for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain avail-
able to the tribe or tribal organization without fiscal year
limitation: Provided further, That $12,000,000 shall re-
main available until expended, for the Indian Catastrophic
Health 
Emergency 
Fund: 
Provided 
further, 
That
$350,564,000 for contract medical care shall remain avail-
249
able for obligation until September 30, 1997: Provided fur-
ther, That of the funds provided, not less than
$11,306,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Im-
provement Act, as amended: Provided further, That funds
provided in this Act may be used for one-year contracts
and grants which are to be performed in two fiscal years,
so long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall be available for
two fiscal years after the fiscal year in which they were
collected, for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and
XIX of the Social Security Act (exclusive of planning, de-
sign, or construction of new facilities): Provided further,
That of the funds provided, $7,500,000 shall remain avail-
able until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, grants or coopera-
tive agreements with the Indian Health Service under the
provisions of the Indian Self-Determination Act: Provided
further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the
250
Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30,
1997: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian
Health Care Improvement Act, as amended, shall be re-
ported and accounted for and available to the receiving
tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
the Act of August 5, 1954 (68 Stat. 674), the Indian Self-
Determination Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support
activities of the Indian Health Service, $238,958,000, to
remain available until expended: Provided, That notwith-
standing any other provision of law, funds appropriated
251
for the planning, design, construction or renovation of
health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land for sites to construct, im-
prove, or enlarge health or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by law (5 U.S.C. 5901–5902); and for expenses of
attendance at meetings which are concerned with the func-
tions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided,
That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the
252
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–53) shall be
credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Pro-
vided further, That notwithstanding any other law or regu-
lation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service
shall be administered under Public Law 86–121 (the In-
dian Sanitation Facilities Act) and Public Law 93–638,
as amended: Provided further, That funds appropriated to
the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall
not be subject to limitations directed at curtailing Federal
travel and transportation: Provided further, That the In-
dian Health Service shall neither bill nor charge those In-
dians who may have the economic means to pay unless
and until such time as Congress has agreed upon a specific
policy to do so and has directed the Indian Health Service
to implement such a policy: Provided further, That, not-
withstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization
through a contract, grant or agreement authorized by title
I of the Indian Self-Determination and Education Assist-
ance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), may
be deobligated and reobligated to a self-governance fund-
253
ing agreement under title III of the Indian Self-Deter-
mination and Education Assistance Act of 1975 and
thereafter shall remain available to the tribe or tribal orga-
nization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Serv-
ices, relating to eligibility for the health care services of
the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law: Provided further, That funds made avail-
able in this Act are to be apportioned to the Indian Health
Service as appropriated in this Act, and accounted for in
the appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian
Health Service may not be altered without advance ap-
proval of the House and Senate Committees on Appropria-
tions.
254
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent
not otherwise provided, title IX, part A, subpart 1 of the
Elementary and Secondary Education Act of 1965, as
amended, and section 215 of the Department of Education
Organization Act, $52,500,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $20,345,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Reloca-
tion to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or re-
255
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498 (20 U.S.C. 4401
et seq.), $5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
256
(for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109; up
to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
$308,188,000, of which not to exceed $30,472,000 for the
instrumentation program, collections acquisition, Museum
Support 
Center 
equipment 
and 
move, 
exhibition
reinstallation, the National Museum of the American In-
dian, the repatriation of skeletal remains program, re-
search equipment, information management, and Latino
programming shall remain available until expended and,
including such funds as may be necessary to support
American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,250,000, to remain available until expended.
257
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), including
not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $33,954,000, to remain available until ex-
pended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
CONSTRUCTION
For 
necessary 
expenses 
for 
construction,
$27,700,000, to remain available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51),
as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
258
membership in library, museum, and art associations or
societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals,
firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem prop-
er, $51,844,000, of which not to exceed $3,026,000 for
the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $6,442,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
259
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $10,323,000: Provided, That 40
U.S.C. 193n is hereby amended by striking the word
‘‘and’’ after the word ‘‘Institution’’ and inserting in lieu
thereof a comma, and by inserting ‘‘and the Trustees of
the John F. Kennedy Center for the Performing Arts,’’
after the word ‘‘Art,’’.
CONSTRUCTION
For necessary expenses of capital repair and rehabili-
tation of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$8,983,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
260
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $82,259,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to groups
and individuals pursuant to section 5(c) of the Act, and
for administering the functions of the Act, to remain avail-
able until September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $17,235,000, to remain available
until September 30, 1997, to the National Endowment for
the Arts, of which $7,500,000 shall be available for pur-
poses of section 5(p)(1): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
provisions of section 10(a)(2), subsections 11(a)(2)(A)
and 11(a)(3)(A) during the current and preceding fiscal
261
years for which equal amounts have not previously been
appropriated.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $94,000,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $16,000,000, to remain available
until September 30, 1997, of which $10,000,000 shall be
available to the National Endowment for the Humanities
for the purposes of section 7(h): Provided, That this ap-
propriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accept-
ed by the Chairman or by grantees of the Endowment
under the provisions of subsections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years
for which equal amounts have not previously been appro-
priated.
262
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000,
to remain available until September 30, 1997.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used
to process any grant or contract documents which do not
include the text of 18 U.S.C. 1913: Provided, That none
of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used for official re-
ception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,
$6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses necessary for the Advisory Council on
Historic Preservation, $2,500,000.
263
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),
including services as authorized by 5 U.S.C. 3109,
$5,090,000: Provided, That all appointed members will be
compensated at a rate not to exceed the rate for Executive
Schedule Level IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
92–332 (86 Stat. 401), $147,000, to remain available
until September 30, 1997.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
PUBLIC DEVELOPMENT
Funds made available under this heading in prior
years shall be available for operating and administrative
expenses and for the orderly closure of the Corporation,
as well as operating and administrative expenses for the
functions transferred to the General Services Administra-
tion.
264
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388, as amended,
$28,707,000; of which $1,575,000 for the Museum’s re-
pair and rehabilitation program and $1,264,000 for the
Museum’s exhibition program shall remain available until
expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
265
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 304. 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. 305. None of the funds provided in this Act to
any department 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 except as otherwise provided by law.
SEC. 306. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropria-
tions and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
266
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
267
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
Management lands in a manner different than such sales
were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 310. Where the actual costs of construction
projects under self-determination contracts, compacts, or
grants, pursuant to Public Laws 93–638, 103–413, or
100–297, are less than the estimated costs thereof, use
of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413,
quarterly payments of funds to tribes and tribal organiza-
tions under annual funding agreements pursuant to sec-
tion 108 of Public Law 93–638, as amended, may be made
268
on the first business day following the first day of a fiscal
quarter.
SEC. 312. None of the funds appropriated or other-
wise made available by this Act may be used for the
AmeriCorps program, unless the relevant agencies of the
Department of the Interior and/or Agriculture follow ap-
propriate reprogramming guidelines: Provided, That if no
funds are provided for the AmeriCorps program by the
VA–HUD and Independent Agencies fiscal year 1996 ap-
propriations bill, then none of the funds appropriated or
otherwise made available by this Act may be used for the
AmeriCorps programs.
SEC. 313. (a) On or before April 1, 1996, the Penn-
sylvania Avenue Development Corporation shall—
(1) transfer and assign in accordance with this
section all of its rights, title, and interest in and to
all of the leases, covenants, agreements, and ease-
ments it has executed or will execute by March 31,
1996, in carrying out its powers and duties under
the Pennsylvania Avenue Development Corporation
Act (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) to the
General Services Administration, National Capital
Planning Commission, or the National Park Service;
and
269
(2) except as provided by subsection (d), trans-
fer all rights, title, and interest in and to all prop-
erty, both real and personal, held in the name of the
Pennsylvania Avenue Development Corporation to
the General Services Administration.
(b) The responsibilities of the Pennsylvania Avenue
Development Corporation transferred to the General Serv-
ices Administration under subsection (a) include, but are
not limited to, the following:
(1) Collection of revenue owed the Federal Gov-
ernment as a result of real estate sales or lease
agreements entered into by the Pennsylvania Avenue
Development Corporation and private parties, in-
cluding, at a minimum, with respect to the following
projects:
(A) The Willard Hotel property on Square
225.
(B) The Gallery Row project on Square
457.
(C) The Lansburgh’s project on Square
431.
(D) The Market Square North project on
Square 407.
(2) Collection of sale or lease revenue owed the
Federal Government (if any) in the event two unde-
270
veloped sites owned by the Pennsylvania Avenue De-
velopment Corporation on Squares 457 and 406 are
sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay
United States Treasury debt incurred by the Penn-
sylvania Avenue Development Corporation in the
course of acquiring real estate.
(4) Performing financial audits for projects in
which the Pennsylvania Avenue Development Cor-
poration has actual or potential revenue expectation,
as identified in paragraphs (1) and (2), in accord-
ance with procedures described in applicable sale or
lease agreements.
(5) Disposition of real estate properties which
are or become available for sale and lease or other
uses.
(6) Payment of benefits in accordance with the
Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970 to which persons
in the project area squares are entitled as a result
of the Pennsylvania Avenue Development Corpora-
tion’s acquisition of real estate.
(7) Carrying out the responsibilities of the
Pennsylvania 
Avenue 
Development 
Corporation
under the Federal Triangle Development Act (40
271
U.S.C. 1101–1109), including responsibilities for
managing assets and liabilities of the Corporation
under such Act.
(c) In carrying out the responsibilities of the Penn-
sylvania Avenue Development Corporation transferred
under this section, the Administrator of the General Serv-
ices Administration shall have the following powers:
(1) To acquire lands, improvements, and prop-
erties by purchase, lease or exchange, and to sell,
lease, or otherwise dispose of real or personal prop-
erty as necessary to complete the development plan
developed under section 5 of the Pennsylvania Ave-
nue Development Corporation Act of 1972 (40
U.S.C. 874) if a notice of intention to carry out such
acquisition or disposal is first transmitted to the
Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House
of Representatives and the Committee on Environ-
ment and Public Works and the Committee on Ap-
propriations of the Senate and at least 60 days
elapse after the date of such transmission.
(2) To modify from time to time the plan re-
ferred to in paragraph (1) if such modification is
first transmitted to the Committee on Transpor-
tation and Infrastructure and the Committee on Ap-
272
propriations of the House of Representatives and the
Committee on Environment and Public Works and
the Committee on Appropriations of the Senate and
at least 60 days elapse after the date of such trans-
mission.
(3) To maintain any existing Pennsylvania Ave-
nue Development Corporation insurance programs.
(4) To enter into and perform such leases, con-
tracts, or other transactions with any agency or in-
strumentality of the United States, the several
States, or the District of Columbia or with any per-
son, firm, association, or corporation as may be nec-
essary to carry out the responsibilities of the Penn-
sylvania Avenue Development Corporation under the
Federal Triangle Development Act (40 U.S.C.
1101–1109).
(5) To request the Council of the District of
Columbia to close any alleys necessary for the com-
pletion of development in Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or
income earned on Pennsylvania Avenue Development
Corporation property to complete any pending devel-
opment projects.
273
(d)(1)(A) On or before April 1, 1996, the Pennsylva-
nia Avenue Development Corporation shall transfer all its
right, title, and interest in and to the property described
in subparagraph (B) to the National Park Service, De-
partment of the Interior.
(B) The property referred to in subparagraph (A) is
the property located within the Pennsylvania Avenue Na-
tional Historic Site depicted on a map entitled ‘‘Penn-
sylvania Avenue National Historic Park’’, dated June 1,
1995, and numbered 840–82441, which shall be on file
and available for public inspection in the offices of the Na-
tional Park Service, Department of the Interior. The
Pennsylvania Avenue National Historic Site includes the
parks, plazas, sidewalks, special lighting, trees, sculpture,
and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other
roadways from curb to curb shall remain with the District
of Columbia but vendors shall not be permitted to occupy
street space except during temporary special events.
(3) The National Park Service shall be responsible
for management, administration, maintenance, law en-
forcement, visitor services, resource protection, interpreta-
tion, and historic preservation at the Pennsylvania Avenue
National Historic Site.
274
(4) The National Park Service may enter into con-
tracts, cooperative agreements, or other transactions with
any agency or instrumentality of the United States, the
several States, or the District of Columbia or with any
person, firm, association, or corporation as may be deemed
necessary or appropriate for the conduct of special events,
festivals, concerts, or other art and cultural programs at
the Pennsylvania Avenue National Historic Site or may
establish a nonprofit foundation to solicit funds for such
activities.
(e) Notwithstanding any other provision of law, the
responsibility for ensuring that development or redevelop-
ment in the Pennsylvania Avenue area is carried out in
accordance with the Pennsylvania Avenue Development
Corporation Plan—1974, as amended, is transferred to
the National Capital Planning Commission or its succes-
sor commencing April 1, 1996.
(f) SAVINGS PROVISIONS.—
(1) REGULATIONS.—Any regulations prescribed
by the Corporation in connection with the Penn-
sylvania Avenue Development Corporation Act of
1972 (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) shall con-
tinue in effect until suspended by regulations pre-
275
scribed by the Administrator of the General Services
Administration.
(2) EXISTING RIGHTS, DUTIES, AND OBLIGA-
TIONS NOT AFFECTED.—Subsection (a) shall not be
construed as affecting the validity of any right, duty,
or obligation of the United States or any other per-
son arising under or pursuant to any contract, loan,
or other instrument or agreement which was in ef-
fect on the day before the date of the transfers
under subsection (a).
(3) CONTINUATION
OF
SUITS.—No action or
other proceeding commenced by or against the Cor-
poration in connection with administration of the
Pennsylvania Avenue Development Corporation Act
of 1972 (40 U.S.C. 871–885) and the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109) shall
abate by reason of enactment and implementation of
this Act, except that the General Services Adminis-
tration shall be substituted for the Corporation as a
party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Develop-
ment Corporation Act of 1972 (40 U.S.C. 872(b)) is
amended as follows:
‘‘(b) The Corporation shall be dissolved on or before
April 1, 1996. Upon dissolution, assets, obligations, in-
276
debtedness, and all unobligated and unexpended balances
of the Corporation shall be transferred in accordance with
the Department of the Interior and Related Agencies Ap-
propriations Act, 1996.’’.
SEC. 314. (a) Except as provided in subsection (b),
no part of any appropriation contained in this Act or any
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia Basin Eco-
system Management Project (hereinafter ‘‘Project’’).
(b) From the funds appropriated to the Forest Serv-
ice and Bureau of Land Management: a sum of
$4,000,000 is made available for the Executive Steering
Committee of the Project to publish, and submit to the
Congress, by May 31, 1996, an assessment of the National
Forest System lands and lands administered by the Bu-
reau of Land Management within the area encompassed
by the Project. The assessment shall be accompanied by
two draft Environmental Impact Statements that: are not
decisional and not subject to judicial review; contain a
range of alternatives, without the identification of a pre-
ferred alternative or management recommendation; and
provide a methodology for conducting any cumulative ef-
fects analysis required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 433(2)) in the prep-
aration of amendments to resource management plans
277
pursuant to subsection (c). The assessment shall incor-
porate all existing relevant scientific information includ-
ing, but not limited to, information on landscape dynam-
ics, forest and rangeland health conditions, fisheries, and
watersheds and the implications of each as they relate to
federal forest and rangeland health. The assessment and
draft Environmental Impact Statements shall not be: the
subject of consultation or conferencing pursuant to section
7 of the Endangered Species Act of 1973 (16 U.S.C.
1536); accompanied by any record of decision or other Na-
tional Environmental Policy Act documentation; or applied
or used to regulate non-federal lands. The Executive
Steering Committee shall release the draft Environmental
Impact Statements for a ninety day public comment pe-
riod and include a summary of the public comments re-
ceived in the Submission to Congress.
(c)(1) From the funds appropriated to the Forest
Service and the Bureau of Land Management, based on
the documents prepared pursuant to subsection (b) and
any other guidance or policy issued prior to the date of
enactment of this section, and in consultation with the af-
fected Governor, and county commissioners, each Forest
Supervisor and District Manager with responsibility for a
national forest or a unit of land administered by the Bu-
reau of Land Management (hereinafter ‘‘forest’’) within
278
the area encompassed by the Project shall review the re-
source management plan (hereinafter ‘‘plan’’) for such
forest and develop, by an amendment to such plan, a
modification of or alternative to any policy which is appli-
cable to such plan upon the date of enactment of this sec-
tion (whether or not such policy has been added to such
plan by amendment), including any policy which is, or is
intended to be, of limited duration, and which the Project
addresses, to meet the specific conditions of such forest.
Each amendment shall: contain the modified or alternative
policy developed pursuant to this paragraph, be directed
solely to and affect only such plan; address the specific
conditions of the forest to which the plan applies and the
relationship of the modified or alternative policy to such
conditions; and, to the maximum extent practicable, estab-
lish site-specific standards in lieu of imposing general
standards applicable to multiple sites.
(2)(A) Each amendment prepared pursuant to para-
graph (1) shall comply with any applicable requirements
of section 102(2) of the National Environmental Policy
Act, except that any cumulative effects analysis conducted
in accordance with the methodology provided pursuant to
subsection (b) shall be deemed to meet any requirements
of such Act for such analysis.
279
(B) Any policy adopted in an amendment prepared
pursuant to paragraph (1) which is a modification of or
alternative to a policy referred to in paragraph (1) upon
which consultation or conferencing has occurred pursuant
to section 7 of the Endangered Species Act of 1973 shall
not again be subject to the consultation or conferencing
provisions of such section 7. Any other consultation or
conferencing required by such section 7 shall be conducted
separately on each amendment prepared pursuant to para-
graph (1): Provided, That, except as provided in this sub-
paragraph, no other consultation shall be undertaken on
such amendments, or any project or activity which is con-
sistent with an applicable amendment, on any policy re-
ferred to in paragraph (1), or on any portion of any plan
related to such policy or the species to which such policy
applies.
(3) Each amendment prepared pursuant to para-
graph (1) shall be adopted on or before March 31, 1997,
and no policy referred to in paragraph (1), or any provi-
sion of a plan or other planning document incorporating
such policy, shall be effective in any forest subject to the
Project on or after such date, or after an amendment to
the plan which applies to such forest is adopted pursuant
to this subsection, whichever occurs first.
280
(4) On the signing of a record of decision or equiva-
lent document making an amendment for the Clearwater
National Forest pursuant to paragraph (1), the require-
ment for revision referred to in this Stipulation of Dismis-
sal dated September 13, 1993, applicable to such forest
is deemed to be satisfied, and the interim management
direction provisions contained in the Stipulation of Dis-
missal shall be of no further effect with respect to such
forest.
SEC. 315. RECREATIONAL FEE DEMONSTRATION
PROGRAM.—(a) The Secretary of the Interior (acting
through the Bureau of Land Management, the National
Park Service and the United States Fish and Wildlife
Service) and the Secretary of Agriculture (acting through
the Forest Service) shall each implement a fee program
to demonstrate the feasibility of user-generated cost recov-
ery for the operation and maintenance of recreation areas
or sites and habitat enhancement projects on Federal
lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but
as many as 50, areas, sites or projects for fee demonstra-
281
tion. For each such demonstration, the Secretary, notwith-
standing any other provision of law—
(1) shall charge and collect fees for admission
to the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services by
individuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract, including provisions for rea-
sonable commissions, with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
teers to collect fees charged pursuant to paragraph
(1);
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors;
and
(5) may assess a fine of not more than $100
for any violation of the authority to collect fees for
admission to the area or for the use of outdoor
282
recreation sites, facilities, visitor centers, equipment,
and services.
(c)(1) Amounts collected at each fee demonstration
area, site or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, eighty percent to
a special account in the Treasury for use without
further appropriation, by the agency which admin-
isters the site, to remain available for expenditures
in accordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, twenty percent to
a special account in the Treasury for use without
further appropriation, by the agency which admin-
isters the site, to remain available for expenditure in
accordance with paragraph (2)(B).
(C) For agencies other than the Fish and Wild-
life Service, up to 15% of current year collections of
each agency, but not greater than fee collection costs
for that fiscal year, to remain available for expendi-
ture without further appropriation in accordance
with paragraph (2)(C).
283
(D) For agencies other than the Fish and Wild-
life Service, the balance to the special account estab-
lished pursuant to subparagraph (A) of section
4(i)(1) of the Land and Water Conservation Fund
Act, as amended.
(E) For the Fish and Wildlife Service, the bal-
ance shall be distributed in accordance with section
201(c) of the Emergency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds
shall be for further activities of the area, site or project
from which funds are collected, and shall be accounted for
separately.
(B) Expenditures from agency specific special funds
shall be for use on an agency-wide basis and shall be ac-
counted for separately.
(C) Expenditures from the fee collection support fund
shall be used to cover fee collection costs in accordance
with section 4(i)(1)(B) of the Land and Water Conserva-
tion Fund Act, as amended: Provided, That funds unex-
pended and unobligated at the end of the fiscal year shall
not be deposited into the special account established pur-
suant to section 4(i)(1)(A) of said Act and shall remain
available for expenditure without further appropriation.
(3) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
284
tion of resources, amounts available for expenditure under
this section may only be used for the area, site or project
concerned, for backlogged repair and maintenance projects
(including projects relating to health and safety) and for
interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation (including fee col-
lection), maintenance, and law enforcement relating to
public use. The agencywide accounts may be used for the
same purposes set forth in the preceding sentence, but for
areas, sites or projects selected at the discretion of the
respective agency head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of
July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937
and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.),
the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69
of title 31, United States Code, section 401 of the Act
of June 15, 1935 (16 U.S.C. 715s), the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l), and any
other provision of law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
285
(e) The Secretary of the Interior and the Secretary
of Agriculture shall carry out this section without promul-
gating regulations.
(f) The authority to collect fees under this section
shall commence on October 1, 1995, and end on Septem-
ber 30, 1998. Funds in accounts established shall remain
available through September 30, 2001.
SEC. 316. Section 2001(a)(2) of Public Law 104–19
is amended as follows: Strike ‘‘September 30, 1997’’ and
insert in lieu thereof ‘‘December 31, 1996’’.
SEC. 317. 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 applicable
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
SEC. 318. None of the funds provided in this Act may
be made available for the Mississippi River Corridor Herit-
age Commission.
SEC. 319. GREAT BASIN NATIONAL PARK.—Section
3 of the Great Basin National Park Act of 1986 (16
U.S.C. 410mm–1) is amended—
(1) in the first sentence of subsection (e) by
striking ‘‘shall’’ and inserting ‘‘may’’; and
286
(2) in subsection (f)—
(A) by striking ‘‘At the request’’ and in-
serting the following:
‘‘(1) EXCHANGES.—At the request’’;
(B) by striking ‘‘grazing permits’’ and in-
serting ‘‘grazing permits and grazing leases’’;
and
(C) by adding after ‘‘Federal lands.’’ the
following:
‘‘(2) ACQUISITION BY DONATION.—
(A) IN GENERAL.—The Secretary may ac-
quire by donation valid existing permits and
grazing leases authorizing grazing on land in
the park.
(B) TERMINATION.—The Secretary shall
terminate a grazing permit or grazing lease ac-
quired under subparagraph (A) so as to end
grazing previously authorized by the permit or
lease.’’.
SEC. 320. None of the funds made available in this
Act shall be used by the Department of Energy in imple-
menting the Codes and Standards Program to propose,
issue, or prescribe any new or amended standard: Pro-
vided, That this section shall expire on September 30,
1996: Provided further, That nothing in this section shall
287
preclude the Federal Government from promulgating rules
concerning energy efficiency standards for the construc-
tion of new federally-owned commercial and residential
buildings.
SEC. 321. None of the funds made available in this
Act may be used (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pe-
destrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
SEC. 322. (a) None of the funds appropriated or oth-
erwise made available pursuant to this Act shall be obli-
gated or expended to accept or process applications for
a patent for any mining or mill site claim located under
the general mining laws.
(b) The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994, and (2)
all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims and sections 2329, 2330, 2331, and 2333
of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
placer claims, and section 2337 of the Revised Statutes
288
(30 U.S.C. 42) for mill site claims, as the case may be,
were fully complied with by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications
for patents pursuant to subsection (b) which were filed
with the Secretary of the Interior, prior to September 30,
1994, the Secretary of the Interior shall—
(1) Within three months of the enactment of
this Act, file with the House and Senate Committees
on Appropriations and the Committee on Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the United
States Senate a plan which details how the Depart-
ment of the Interior will make a final determination
as to whether or not an applicant is entitled to a
patent under the general mining laws on at least 90
percent of such applications within five years of the
enactment of this Act and file reports annually
thereafter with the same committees detailing ac-
tions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to
carry out such plan.
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
289
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 323. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
poses of acquiring lands in the counties of Lawrence, Mon-
roe, or Washington, Ohio, for the Wayne National Forest.
SEC. 324. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
to fund the activities of the Office of Forestry and Eco-
nomic Development after December 31, 1995.
SEC. 325. Amend section 2001(k) of Public Law
104–19 by striking ‘‘in fiscal years 1995 and 1996’’ in
paragraph (1) and adding paragraph (4) to read:
‘‘(4) TIMING
AND
CONDITIONS
OF
ALTER-
NATIVE
VOLUME.—For any sale subject to para-
graph (2) of this subsection, the Secretary concerned
shall, and for any other sale subject to this sub-
section, the Secretary concerned may, within 45
290
days of the date of enactment of this paragraph,
reach agreement with the purchaser to provide by a
date agreed to by the purchaser, a volume, value and
kind of timber satisfactory to the purchaser to sub-
stitute for all or a portion of the timber subject to
the sale, which shall be subject to the original terms
of the contract except as otherwise agreed, and shall
be subject to paragraph (1). After the agreed date
for providing alternative timber the purchaser may
operate the original sale under the terms of para-
graph (1) until the Secretary concerned designates
and the purchaser accepts alternative timber under
this paragraph. Any sale subject to this subsection
shall be awarded and released and may be operated
under the terms of paragraph (1) until completed
and shall not count against current allowable sale
quantities or timber sales to be offered under sub-
section (b) and (d).’’
SEC. 326. (a) LAND EXCHANGE.—The Secretary of
the Interior (hereinafter referred to as the ‘‘Secretary’’)
is authorized to convey to the Boise Cascade Corporation
(hereinafter referred to as the ‘‘Corporation’’), a corpora-
tion formed under the statutes of the State of Delaware,
with its principal place of business at Boise, Idaho, title
to approximately seven acres of land, more or less, located
291
in sections 14 and 23, township 36 north, range 37 east,
Willamette Meridian, Stevens County, Washington, fur-
ther identified in the records of the Bureau of Reclama-
tion, Department of the Interior, as Tract No. GC–19860,
and to accept from the Corporation in exchange therefor,
title to approximately one hundred and thirty-six acres of
land located in section 19, township 37 north, range 38
east and section 33, township 38 north, range 37 east,
Willamette Meridian, Stevens County, Washington, and
further identified in the records of the Bureau of Reclama-
tion, Department of the Interior, as Tract No. GC–19858
and Tract No. GC–19859, respectively.
(b) APPRAISAL.—The properties so exchanged either
shall be approximately equal in fair market value or if they
are not approximately equal, shall be equalized by the pay-
ment of cash to the Corporation or to the Secretary as
required or in the event the value of the Corporation’s
lands is greater, the acreage may be reduced so that the
fair market value is approximately equal: Provided, That
the Secretary shall order appraisals made of the fair mar-
ket value of each tract of land included in the exchange
without consideration for improvements thereon: Provided
further, That any cash payment received by the Secretary
shall be covered in the Reclamation Fund and credited to
the Columbia Basin project.
292
(c) ADMINISTRATIVE COSTS.—Costs of conducting
the necessary land surveys, preparing the legal descrip-
tions of the lands to be conveyed, performing the apprais-
als, and administrative costs incurred in completing the
exchange shall be borne by the Corporation.
(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)
The Secretary shall not acquire any lands under this Act
if the Secretary determines that such lands, or any portion
thereof, have become contaminated with hazardous sub-
stances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances
placed on any of the lands covered by this Act after their
transfer to the ownership of any party, but nothing in this
Act shall be construed as either diminishing or increasing
any responsibility or liability of the United States based
on the condition of such lands on the date of their transfer
to the ownership of another party. The Corporation shall
indemnify the United States for liabilities arising under
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act (42 U.S.C. 9601), and the Re-
293
source Conservation Recovery Act (42 U.S.C. 6901 et
seq.).
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
SEC. 327. TIMBER SALES PIPELINE RESTORATION
FUNDS.—(a) The Secretary of Agriculture and the Sec-
retary of the Interior shall each establish a Timber Sales
Pipeline Restoration Fund (hereinafter ‘‘Agriculture
Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues
received from sales released under section 2001(k) of the
fiscal year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, minus the funds necessary
to make payments to States or local governments under
other law concerning the distribution of revenues derived
from the affected lands, which are in excess of
$37,500,000 (hereinafter ‘‘excess revenues’’) shall be de-
posited into the Funds. The distribution of excess reve-
nues between the Agriculture Fund and Interior Fund
shall be calculated by multiplying the total of excess reve-
nues times a fraction with a denominator of the total reve-
nues received from all sales released under such section
2001(k) and numerators of the total revenues received
from such sales on lands within the National Forest Sys-
tem and the total revenues received from such sales on
294
lands administered by the Bureau of Land Management,
respectively: Provided, That revenues or portions thereof
from sales released under such section 2001(k), minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, may be deposited into
the Funds immediately upon receipt thereof and subse-
quently redistributed between the Funds or paid into the
United States Treasury as miscellaneous receipts as may
be required when the calculation of excess revenues is
made.
(b)(1) From the funds deposited into the Agriculture
Fund and into the Interior Fund pursuant to subsection
(a)—
(A) seventy-five percent shall be available, with-
out fiscal year limitation or further appropriation,
for preparation of timber sales, other than salvage
sales as defined in section 2001(a)(3) of the fiscal
year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, which—
(i) are situated on lands within the Na-
tional Forest System and lands administered by
the Bureau of Land Management, respectively;
and
295
(ii) are in addition to timber sales for
which funds are otherwise available in this Act
or other appropriations Acts; and
(B) twenty-five percent shall be available, with-
out fiscal year limitation or further appropriation, to
expend on the backlog of recreation projects on
lands within the National Forest System and lands
administered by the Bureau of Land Management,
respectively.
(2) Expenditures under this subsection for prepara-
tion of timber sales may include expenditures for Forest
Service activities within the forest land management budg-
et line item and associated timber roads, and Bureau of
Land Management activities within the Oregon and Cali-
fornia grant lands account and the forestry management
area account, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared
under subsection (b) or under this subsection, minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, shall be deposited into
the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation
of additional timber sales and completion of additional
recreation projects in accordance with the requirements
set forth in subsection (b).
296
(d) The Secretary concerned shall terminate all pay-
ments into the Agriculture Fund or the Interior Fund, and
pay any unobligated funds in the affected Fund into the
United States Treasury as miscellaneous receipts, when-
ever the Secretary concerned makes a finding, published
in the Federal Register, that sales sufficient to achieve
the total allowable sales quantity of the National Forest
System for the Forest Service or the allowable sales level
for the Oregon and California grant lands for the Bureau
of Land Management, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applica-
ble environmental and natural resource laws and regula-
tions.
(f) The Secretary concerned shall report annually to
the Committees on Appropriations of the United States
Senate and the House of Representatives on expenditures
made from the Fund for timber sales and recreation
projects, revenues received into the Fund from timber
sales, and timber sale preparation and recreation project
work undertaken during the previous year and projected
for the next year under the Fund. Such information shall
be provided for each Forest Service region and Bureau
of Land Management State office.
297
(g) The authority of this section shall terminate upon
the termination of both Funds in accordance with the pro-
visions of subsection (d).
SEC. 328. Of the funds provided to the National En-
dowment for the Arts:
(a) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(b) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or regional group,
may be used to make a grant to any other organiza-
tion or individual to conduct activity independent of
the direct grant recipient. Nothing in this subsection
shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 329. DELAY IN IMPLEMENTATION OF THE AD-
MINISTRATION’S RANGELAND REFORM PROGRAM.—None
of the funds made available under this or any other Act
298
may be used to implement or enforce the final rule pub-
lished by the Secretary of the Interior on February 22,
1995 (60 Fed. Reg. 9894), making amendments to parts
4, 1780, and 4100 of title 43, Code of Federal Regula-
tions, to take effect August 21, 1995, until November 21,
1995. None of the funds made available under this or any
other Act may be used to publish proposed or enforce final
regulations governing the management of livestock grazing
on lands administered by the Forest Service until Novem-
ber 21, 1995.
SEC. 330. Section 1864 of title 18, United States
Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’
and inserting ‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’
and inserting ‘‘20’’;
(C) in paragraph (4), by striking ‘‘if dam-
age exceeding $10,000 to the property of any
individual results,’’ and inserting ‘‘if damage to
the property of any individual results or if
avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’
and inserting ‘‘20’’;
299
(2) in subsection (c) by striking ‘‘ten’’ and in-
serting ‘‘20’’;
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph
(2);
(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs in-
curred by any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious de-
vice; or
‘‘(B) preventing death, serious bodily in-
jury, bodily injury, or property damage likely to
result from the use of a hazardous or injurious
device in violation of subsection (a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own
behalf against any person who is alleged to be in violation
of subsection (a). The district courts shall have jurisdic-
tion, without regard to the amount in controversy or the
citizenship of the parties, in such civil actions. The court
may award, in addition to monetary damages for any in-
jury resulting from an alleged violation of subsection (a),
300
costs of litigation, including reasonable attorney and ex-
pert witness fees, to any prevailing or substantially pre-
vailing party, whenever the court determines such award
is appropriate.’’.
SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT
FOR THE ARTS.—Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965, as amended
(20 U.S.C. 951), sets out findings and purposes for which
the National Endowment for the Arts was established,
among which are—
(1) ‘‘The arts and humanities belong to all the
people of the United States’’;
(2) ‘‘The arts and humanities reflect the high
place accorded by the American people .
.
. to the
fostering of mutual respect for the diverse beliefs
and values of all persons and groups’’;
(3) ‘‘Public funding of the arts and humanities
is subject to the conditions that traditionally govern
the use of public money [and] such funding should
contribute to public support and confidence in the
use of taxpayer funds’’; and
(4) ‘‘Public funds provided by the Federal Gov-
ernment must ultimately serve public purposes the
Congress defines’’.
301
(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con-
gress further finds and declares that the use of scarce
funds, which have been taken from all taxpayers of the
United States, to promote, disseminate, sponsor, or
produce any material or performance that—
(1) denigrates the religious objects or religious
beliefs of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive
way, sexual or excretory activities or organs,
is contrary to the express purposes of the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended.
(c) PROHIBITION ON FUNDING THAT IS NOT CON-
SISTENT WITH THE PURPOSES OF THE ACT.—Notwith-
standing any other provision of law, none of the scarce
funds which have been taken from all taxpayers of the
United States and made available under this Act to the
National Endowment for the Arts may be used to pro-
mote, disseminate, sponsor, or produce any material or
performance that—
(1) denigrates the religious objects or religious
beliefs of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive
way, sexual or excretory activities or organs,
302
and this prohibition shall be strictly applied without re-
gard to the content or viewpoint of the material or per-
formance.
(d) SECTION NOT TO AFFECT OTHER WORKS.—
Nothing in this section shall be construed to affect in any
way the freedom of any artist or performer to create any
material or performance using funds which have not been
made available under this Act to the National Endowment
for the Arts.
SEC. 332. For purposes related to the closure of the
Bureau of Mines, funds made available to the United
States Geological Survey, the United States Bureau of
Mines, and the Bureau of Land Management shall be
available for transfer, with the approval of the Secretary
of the Interior, among the following accounts: United
States Geological Survey, Surveys, investigations, and re-
search; Bureau of Mines, Mines and minerals; and Bureau
of Land Management, Management of lands and re-
sources. The Secretary of Energy shall reimburse the Sec-
retary of the Interior, in an amount to be determined by
the Director of the Office of Management and Budget, for
the expenses of the transferred functions between October
1, 1995 and the effective date of the transfers of function.
Such transfers shall be subject to the reprogramming
303
guidelines of the House and Senate Committees on Appro-
priations.
SEC. 333. No funds appropriated under this or
any other Act shall be used to review or modify sourcing
areas previously approved under section 490(c)(3) of the
Forest Resources Conservation and Shortage Relief Act
of 1990 (Public Law 101–382) or to enforce or imple-
ment Federal regulations 36 CFR part 223 promulgated
on September 8, 1995. The regulations and interim rules
in effect prior to September 8, 1995 (36 CFR 223.48, 36
CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Sub-
part F, and 36 CFR 261.6) shall remain in effect. The
Secretary of Agriculture or the Secretary of the Interior
shall not adopt any policies concerning Public Law 101–
382 or existing regulations that would restrain domestic
transportation or processing of timber from private lands
or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until
September 30, 1996, the order issued under section
491(b)(2)(A) of Public Law 101–382 and shall issue an
order under section 491(b)(2)(B) of such law that will be
effective October 1, 1996.
SEC. 334. The National Park Service, in accord-
ance with the Memorandum of Agreement between the
United States National Park Service and the City of
304
Vancouver dated November 4, 1994, shall permit general
aviation on its portion of Pearson Field in Vancouver,
Washington until the year 2022, during which time a
plan and method for transitioning from general aviation
aircraft to historic aircraft shall be completed; such tran-
sition to be accomplished by that date. This action shall
not be construed to limit the authority of the Federal
Aviation Administration over air traffic control or avia-
tion activities at Pearson Field or limit operations and
airspace of Portland International Airport.
SEC. 335. The United States Forest Service ap-
proval of Alternative site 2 (ALT 2), issued on December
6, 1993, is hereby authorized and approved and shall be
deemed to be consistent with, and permissible under, the
terms of Public Law 100–696 (the Arizona-Idaho Con-
servation Act of 1988).
SEC. 336. Obligations for travel expenses in fiscal
year 1996, for each appropriation account in this Act,
may not exceed 90 percentum of fiscal year 1995 obliga-
tions for administrative travel and for travel by super-
visory and non-career personnel and may not exceed 100
percentum of fiscal year 1995 obligations for program-es-
sential travel.
SEC. 337. The number of employees detailed to
and within Departmental Management in the Depart-
305
ment of the Interior may not exceed the number of em-
ployees detailed to and within the Office of the Secretary
in fiscal year 1995.
SEC. 338. Upon enactment of this Act, all funds obli-
gated in fiscal year 1996 under ‘‘Salaries and expenses’’,
Pennsylvania Avenue Development Corporation are to be
offset by unobligated balances made available under this
Act under the account ‘‘Public development’’, Pennsylva-
nia Avenue Development Corporation and all funds obli-
gated in fiscal year 1996 under ‘‘International forestry’’,
Forest Service are to be offset by funds made available
under this Act under the account ‘‘National forest sys-
tem’’, Forest Service.
SEC. 339. (a) Notwithstanding any other provision
of law, in order to avoid or minimize the need for involun-
tary separations due to a reduction in force, reorganiza-
tions, transfer of function, or other similar action, the Sec-
retary of the Smithsonian Institution may pay, or author-
ize the payment of, voluntary separation incentive pay-
ments to Smithsonian Institution employees who separate
from Federal service voluntarily during fiscal years 1996
and 1997 (whether by retirement or resignation).
(b) A voluntary separation incentive payment—
306
(1) shall be paid in a lump sum after the em-
ployee’s separation in an amount to be determined
by the Secretary, but shall not exceed $25,000;
(2) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of benefit; and
(3) shall be paid from appropriations available
for the payment of the basic pay of the employee.
(c)(1) An employee who has received a voluntary sep-
aration incentive payment under this section and accepts
employment with any agency or instrumentality of the
United States within 5 years after the date of the separa-
tion on which the payment is based shall be required to
repay the entire amount of the incentive payment to the
Smithsonian Institution.
(2) The repayment required by paragraph (1) may
be waived only by the Secretary.
(3) For purposes of paragraph (1) (but not para-
graph (2)), the term ‘‘employment’’ includes employment
under a personal services contract with the United States.
(d) In addition to any other payments which it is re-
quired to make under subchapter III of chapter 83 of title
5, United States Code, the Smithsonian shall remit to the
Office of Personnel Management for deposit in the Treas-
ury of the United States to the credit of the Civil Service
307
Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the
Smithsonian to whom a voluntary separation incentive
payment has been paid.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1996’’.
(c) Such amounts as may be necessary for programs,
projects or activities provided for in the Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1996, at a rate of
operations and to the extent and in the manner provided
for, the provisions of such Act to be effective as if it had
been enacted into law as the regular appropriations Act,
as follows:
AN ACT
Making appropriations for the Departments of
Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
1996, and for other purposes.
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the pur-
chase and hire of passenger motor vehicles, the construc-
308
tion, alteration, and repair of buildings and other facili-
ties, and the purchase of real property for training centers
as authorized by the Job Training Partnership Act; title
II of the Civil Rights Act of 1991; the Women in Appren-
ticeship and Nontraditional Occupations Act; National
Skill Standards Act of 1994; and the School-to-Work Op-
portunities Act; $3,108,978,000 plus reimbursements, of
which $2,891,759,000 is available for obligation for the
period July 1, 1996 through June 30, 1997; of which
$121,467,000 is available for the period July 1, 1996
through June 30, 1999 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers;
and of which $95,000,000 shall be available from July 1,
1996 through September 30, 1997, for carrying out activi-
ties of the School-to-Work Opportunities Act: Provided,
That $52,502,000 shall be for carrying out section 401
of the Job Training Partnership Act, $69,285,000 shall
be for carrying out section 402 of such Act, $7,300,000
shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and
through the National Occupational Information Coordi-
nating Committee under such Act, $745,700,000 shall be
for carrying out title II, part A of such Act, $126,672,000
shall be for carrying out title II, part C of such Act and
$5,000,000 shall be for employment-related activities of
309
the 1996 Paralympic Games: Provided further, That no
funds from any other appropriation shall be used to pro-
vide meal services at or for Job Corps centers: Provided
further, That notwithstanding any other provision of law,
the Secretary of Labor may waive any of the requirements
contained in sections 4, 104, 105, 107, 108, 121, 164,
204, 253, 254, 264, 301, 311, 313, 314, and 315 of the
Job Training Partnership Act in order to assist States in
improving State workforce development systems, pursuant
to a request submitted by a State that has prior to the
date of enactment of this Act executed a Memorandum
of Understanding with the United States requiring such
State to meet agreed upon outcomes: Provided further,
That funds used from this Act to carry out title III of
the Job Training Partnership Act shall not be subject to
the limitation contained in subsection (b) of section 315
of such Act; that the waiver allowing a reduction in the
cost limitation relating to retraining services described in
subsection (a)(2) of such section 315 may be granted with
respect to funds from this Act if a substate grantee dem-
onstrates to the Governor that such waiver is appropriate
due to the availability of low-cost retraining services, is
necessary to facilitate the provision of needs-related pay-
ments to accompany long-term training, or is necessary
to facilitate the provision of appropriate basic readjust-
310
ment services and that funds used from this Act to carry
out the Secretary’s discretionary grants under part B of
such title III may be used to provide needs-related pay-
ments to participants who, in lieu of meeting the require-
ments relating to enrollment in training under section
314(e) of such Act, are enrolled in training by the end
of the sixth week after funds have been awarded: Provided
further, That service delivery areas may transfer funding
provided herein under authority of title II–C of the Job
Training Partnership Act to the program authorized by
title II–B of that Act, if such transfer is approved by the
Governor: Provided further, That service delivery areas
and substate areas may transfer funding provided herein
under authority of title II and title III of the Job Training
Partnership Act between the programs authorized by
those titles of the Act, if such transfer is approved by the
Governor: Provided further, That, notwithstanding any
other provision of law, any proceeds from the sale of Job
Corps Center facilities shall be retained by the Secretary
of Labor to carry out the Job Corps program.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
To carry out the activities for national grants or con-
tracts with public agencies and public or private nonprofit
organizations under paragraph (1)(A) of section 506(a)
311
of title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently au-
thorized, $227,500,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older
worker 
activities 
as 
subsequently 
authorized,
$122,500,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I, and for training, for allowances for job search and relo-
cation, and for related State administrative expenses
under part II, subchapters B and D, chapter 2, title II
of the Trade Act of 1974, as amended, $346,100,000, to-
gether with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for
any period subsequent to September 15 of the current
year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For activities authorized by the Act of June 6, 1933,
as 
amended 
(29 
U.S.C. 
49–49l–1; 
U.S.C.
3202(a)(1)(E)); title III of the Social Security Act, as
amended (42 U.S.C. 502–504); necessary administrative
312
expenses for carrying out 5 U.S.C. 8501–8523, and sec-
tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),
title II of the Trade Act of 1974, as amended; as author-
ized by section 7c of the Act of June 6, 1933, as amended,
necessary 
administrative 
expenses 
under 
sections
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and
218(g) (1), (2), and (3), and 258(c) of the Immigration
and Nationality Act, as amended (8 U.S.C. 1101 et seq.);
necessary administrative expenses to carry out section
221(a) of the Immigration Act of 1990, $117,328,000, to-
gether with not to exceed $3,104,194,000 (including not
to exceed $1,653,000 which may be used for amortization
payments to States which had independent retirement
plans in their State employment service agencies prior to
1980, and including not to exceed $2,000,000 which may
be obligated in contracts with non-State entities for activi-
ties such as occupational and test research activities which
benefit the Federal-State Employment Service System),
which may be expended from the Employment Security
Administration account in the Unemployment Trust
Fund, and of which the sums available in the allocation
for activities authorized by title III of the Social Security
Act, as amended (42 U.S.C. 502–504), and the sums
available in the allocation for necessary administrative ex-
penses for carrying out 5 U.S.C. 8501–8523, shall be
313
available for obligation by the States through December
31, 1996, except that funds used for automation acquisi-
tions shall be available for obligation by States through
September 30, 1998; and of which $115,452,000, together
with not to exceed $738,283,000 of the amount which may
be expended from said trust fund shall be available for
obligation for the period July 1, 1996, through June 30,
1997, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail made avail-
able to States in lieu of allotments for such purpose, and
of which $216,333,000 shall be available only to the extent
necessary for additional State allocations to administer
unemployment compensation laws to finance increases in
the number of unemployment insurance claims filed and
claims paid or changes in a State law: Provided, That to
the extent that the Average Weekly Insured Unemploy-
ment (AWIU) for fiscal year 1996 is projected by the De-
partment of Labor to exceed 2.785 million, an additional
$28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center network may be obligated in
314
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act
for activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service
and Unemployment Insurance automation efforts, not-
withstanding cost allocation principles prescribed under
Office of Management and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the
Social Security Act, as amended, and to the Black Lung
Disability Trust Fund as authorized by section 9501(c)(1)
of the Internal Revenue Code of 1954, as amended; and
for nonrepayable advances to the Unemployment Trust
Fund as authorized by section 8509 of title 5, United
States Code, and section 104(d) of Public Law 102–164,
and section 5 of Public Law 103–6, and to the ‘‘Federal
unemployment benefits and allowances’’ account, to re-
main available until September 30, 1997, $369,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1996, for costs incurred by the
315
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA-
TION
ACCOUNT
OF
THE
UNEMPLOYMENT
TRUST
FUND
(RESCISSION)
Amounts remaining unobligated under this heading
as of September 30, 1995, are hereby rescinded.
PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
(RESCISSION)
Of the amounts remaining unobligated under this
heading as of September 30, 1995, $250,000,000 are
hereby rescinded.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs and for carrying out section 908 of the So-
cial Security Act, $83,054,000, together with not to ex-
ceed $40,793,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Ben-
efits Administration, $65,198,000.
316
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364,
within limits of funds and borrowing authority available
to such Corporation, 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 Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 1996, for such Corporation: Pro-
vided, That not to exceed $10,603,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the collection of premiums, the termination of pen-
sion plans, for the acquisition, protection or management,
and investment of trust assets, and for benefits adminis-
tration services shall be considered as non-administrative
expenses for the purposes hereof, and excluded from the
above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
317
Federal, and local agencies and their employees for inspec-
tion services rendered, $254,756,000, together with
$978,000 which may be expended from the Special Fund
in accordance with sections 39(c) and 44(j) of the
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That the Secretary of Labor is authorized to accept,
retain, and spend, until expended, in the name of the De-
partment of Labor, all sums of money ordered to be paid
to the Secretary of Labor, in accordance with the terms
of the Consent Judgment in Civil Action No. 91–0027 of
the United States District Court for the District of the
Northern Mariana Islands (May 21, 1992): Provided fur-
ther, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications
and issuing registrations under Title I of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1801 et seq.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during
318
the current or any prior fiscal year authorized by title 5,
chapter 81 of the United States Code; continuation of ben-
efits as provided for under the head ‘‘Civilian War Bene-
fits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per
centum of the additional compensation and benefits re-
quired by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $218,000,000
together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the pay-
ment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided,
That such sums as are necessary may be used under sec-
tion 8104 of title 5, United States Code, by the Secretary
to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of re-
imbursements unobligated on September 30, 1995, shall
remain available until expended for the payment of com-
pensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation
or instrumentality required under section 8147(c) of title
319
5, United States Code, to pay an amount for its fair share
of the cost of administration, such sums as the Secretary
of Labor determines to be the cost of administration for
employees of such fair share entities through September
30, 1996: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $19,383,000 shall be made
available to the Secretary of Labor for expenditures relat-
ing to capital improvements in support of Federal Employ-
ees’ Compensation Act administration, and the balance of
such funds shall be paid into the Treasury as miscellane-
ous receipts: Provided further, That the Secretary may re-
quire that any person filing a notice of injury or a claim
for benefits under Subchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore
and Harbor Workers’ Compensation Act, as amended),
provide as part of such notice and claim, such identifying
information (including Social Security account number) as
such regulations may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $996,763,000, of which $949,494,000 shall be
available until September 30, 1997, for payment of all
benefits as authorized by section 9501(d) (1), (2), (4), and
320
(7), of the Internal Revenue Code of 1954, as amended,
and interest on advances as authorized by section
9501(c)(2) of that Act, and of which $27,350,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, and $19,621,000 for
transfer to Departmental Management, Salaries and Ex-
penses, and $298,000 for transfer to Departmental Man-
agement, Office of Inspector General, for expenses of oper-
ation and administration of the Black Lung Benefits pro-
gram as authorized by section 9501(d)(5)(A) of that Act:
Provided, That in addition, such amounts as may be nec-
essary may be charged to the subsequent year appropria-
tion for the payment of compensation, interest, or other
benefits for any period subsequent to August 15 of the
current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous
receipts as the Secretary of the Treasury determines to
be the administrative expenses of the Department of the
Treasury for administering the fund during the current
fiscal year, as authorized by section 9501(d)(5)(B) of that
Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $280,000,000 including not
321
to exceed $65,319,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
shall be no less than fifty percent of the costs of State
occupational safety and health programs required to be
incurred under plans approved by the Secretary under sec-
tion 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That
none of the funds appropriated under this paragraph shall
be obligated or expended to prescribe, issue, administer,
or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which
is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor
camp and employs ten or fewer employees: Provided fur-
ther, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupa-
tional Safety and Health Act of 1970 with respect to any
employer of ten or fewer employees who is included within
322
a category having an occupational injury lost workday case
rate, at the most precise Standard Industrial Classifica-
tion Code for which such data are published, less than the
national average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of
Labor Statistics, in accordance with section 24 of that Act
(29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for
any willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees,
323
and to take any action pursuant to such investiga-
tion authorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and em-
ploys ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $196,673,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; the Secretary is authorized to ac-
cept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and train-
ing in the mining community through cooperative pro-
grams with States, industry, and safety associations; and
any funds available to the Department may be used, with
the approval of the Secretary, to provide for the costs of
324
mine rescue and survival operations in the event of a
major disaster: Provided, That none of the funds appro-
priated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine Safe-
ty and Health Act of 1977 or to carry out that portion
of section 104(g)(1) of such Act relating to the enforce-
ment of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface lime-
stone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $292,462,000, of which $11,549,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 1997, together
with not to exceed $49,997,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
325
up to $4,358,000 for the President’s Committee on Em-
ployment of People With Disabilities, $135,997,000; to-
gether with not to exceed $303,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund.
WORKING CAPITAL FUND
The language under this heading in Public Law 85–
67, as amended, is further amended by adding the follow-
ing before the last period: ‘‘: Provided further, That within
the Working Capital Fund, there is established an Invest-
ment in Reinvention Fund (IRF), which shall be available
to invest in projects of the Department designed to
produce measurable improvements in agency efficiency
and significant taxpayer savings. Notwithstanding any
other provision of law, the Secretary of Labor may retain
up to $3,900,000 of the unobligated balances in the De-
partment’s annual Salaries and Expenses accounts as of
September 30, 1995, and transfer those amounts to the
IRF to provide the initial capital for the IRF, to remain
available until expended, to make loans to agencies of the
Department for projects designed to enhance productivity
and generate cost savings. Such loans shall be repaid to
the IRF no later than September 30 of the fiscal year
following the fiscal year in which the project is completed.
Such repayments shall be deposited in the IRF, to be
available without further appropriation action.’’
326
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $170,390,000 may be derived from the
Employment Security Administration account in the Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A and 4321–4327, and Public Law
103–353, and which shall be available for obligation by
the States through December 31, 1996.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $44,426,000, together
with not to exceed $3,615,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of $125,000.
SEC. 102. Section 427(c) of the Job Training Part-
nership Act, as amended, is repealed.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Labor in this Act may be transferred between
327
such appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfers:
Provided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in
advance of any transfers.
SEC. 104. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration directly or through section 23(g) of the
Occupational Safety and Health Act for the development,
promulgation or issuance of any proposed or final stand-
ard or guideline regarding ergonomic protection or record-
ing and reporting occupational injuries and illnesses di-
rectly related thereto.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1996’’.
TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XVI,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act,
title V of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, and Public Law
101–527, $3,052,752,000, of which $379,500,000 shall be
328
for part A of title XXVI of the Public Health Service Act
and $250,147,000 shall be for part B of title XXVI (in-
cluding $52,000,000 which shall be available only for sec-
tion 2616) of the Public Health Service Act, and of which
$411,000 shall remain available until expended for inter-
est subsidies on loan guarantees made prior to fiscal year
1981 under part B of title VII of the Public Health Serv-
ice Act: Provided, That the Division of Federal Occupa-
tional Health may utilize personal services contracting to
employ professional management/administrative, and oc-
cupational health professionals: Provided further, That of
the funds made available under this heading, $858,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of infor-
mation under the Act sufficient to recover the full costs
of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that
Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law
102–501, as amended: Provided further, That of the funds
made available under this heading, $193,349,000 shall be
for the program under title X of the Public Health Service
329
Act to provide for voluntary family planning projects: Pro-
vided further, That amounts provided to said projects
under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that
such amounts shall not be expended for any activity (in-
cluding the publication or distribution of literature) that
in any way tends to promote public support or opposition
to any legislative proposal or candidate for public office:
Provided further, That notwithstanding any other provi-
sion of law, funds made available under this heading may
be used to continue operating the Council on Graduate
Medical Education established by section 301 of Public
Law 102–408: Provided further, That funds made avail-
able under this heading for activities authorized by part
A of title XXVI of the Public Health Service Act are avail-
able only for those metropolitan areas previously funded
under Public Law 103–333 or with a cumulative total of
more than 2,000 cases of AIDS, as reported to the Cen-
ters for Disease Control and Prevention as of March 31,
1995, and have a population of 500,000 or more.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section
1602 of the Public Health Service Act, $8,000,000, to-
gether with any amounts received by the Secretary in con-
330
nection with loans and loan guarantees under title VI of
the Public Health Service Act, to be available without fis-
cal year limitation for the payment of interest subsidies.
During the fiscal year, no commitments for direct loans
or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
For the cost of guaranteed loans, such sums as may
be necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act,
as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the total loan principal any part of which is
to be guaranteed at not to exceed $210,000,000. In addi-
tion, for administrative expenses to carry out the guaran-
teed loan program, $2,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation
Program Trust Fund, such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30,
1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not
331
to exceed $3,000,000 shall be available from the Trust
Fund to the Secretary of Health and Human Services.
VACCINE INJURY COMPENSATION
For payment of claims resolved by the United States
Court of Federal Claims related to the administration of
vaccines before October 1, 1988, $110,000,000, to remain
available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
(RESCISSION)
Of the amounts made available under this heading
in Public Law 103–333, Public Law 103–112, and Public
Law 102–394 for immunization activities, $53,000,000
are hereby rescinded: Provided, That the Director may re-
direct the total amount made available under authority of
Public Law 101–502, dated November 3, 1990, to activi-
ties the Director may so designate: Provided further, That
the Congress is to be notified promptly of any such trans-
fer.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public
Health Service Act with respect to substance abuse and
mental health services, the Protection and Advocacy for
332
Mentally Ill Individuals Act of 1986, and section 301 of
the Public Health Service Act with respect to program
management, $1,883,715,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by
law, and for payments under the Retired Serviceman’s
Family Protection Plan and Survivor Benefit Plan and for
medical care of dependents and retired personnel under
the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and
for payments pursuant to section 229(b) of the Social Se-
curity Act (42 U.S.C. 429(b)), such amounts as may be
required during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, $94,186,000; in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data tapes shall
be credited to this appropriation and shall remain avail-
able until expended: Provided, That the amount made
available pursuant to section 926(b) of the Public Health
Service Act shall not exceed $31,124,000.
333
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $55,094,355,000,
to remain available until expended.
For making, after May 31, 1996, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 1996 for unanticipated costs, in-
curred for the current fiscal year, such sums as may be
necessary.
For making payments to States under title XIX of
the Social Security Act for the first quarter of fiscal year
1997, $26,155,350,000, to remain available until ex-
pended.
Payment under title XIX may be made for any quar-
ter with respect to a State plan or plan amendment in
effect during such quarter, if submitted in or prior to such
quarter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as provided under sections 217(g) and 1844 of the
Social Security Act, sections 103(c) and 111(d) of the So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic Law 97–248, and for administrative expenses incurred
334
pursuant to section 201(g) of the Social Security Act,
$63,313,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, and title
XIII of the Public Health Service Act, the Clinical Labora-
tory Improvement Amendments of 1988, and section
4005(e) of Public Law 100–203, not to exceed
$1,734,810,000, together with all funds collected in ac-
cordance with section 353 of the Public Health Service
Act, the latter funds to remain available until expended;
together with such sums as may be collected from author-
ized user fees and the sale of data, which shall remain
available until expended; the $1,734,810,000, to be trans-
ferred to this appropriation as authorized by section
201(g) of the Social Security Act, from the Federal Hos-
pital Insurance and the Federal Supplementary Medical
Insurance Trust Funds: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations es-
tablished under title XIII of the Public Health Service Act
are to be credited to this appropriation.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
335
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
1996, no commitments for direct loans or loan guarantees
shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES
For making payments to States or other non-Federal
entities, except as otherwise provided, under titles I, IV–
A (other than section 402(g)(6)) and D, X, XI, XIV, and
XVI of the Social Security Act, and the Act of July 5,
1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail-
able until expended.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
titles I, IV–A and D, X, XI, XIV, and XVI of the Social
Security Act, for the last three months of the current year
for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or other non-Federal
entities under titles I, IV–A (other than section 402(g)(6))
and D, X, XI, XIV, and XVI of the Social Security Act
and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the
336
first quarter of fiscal year 1997, $4,800,000,000, to re-
main available until expended.
JOB OPPORTUNITIES AND BASIC SKILLS
For carrying out aid to families with dependent chil-
dren work programs, as authorized by part F of title IV
of the Social Security Act, $1,000,000,000.
LOW INCOME HOME ENERGY ASSISTANCE
(RESCISSION)
Of the funds made available beginning on October 1,
1995 under this heading in Public Law 103–333,
$100,000,000 are hereby rescinded.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$397,872,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 103–112 for fiscal year 1994 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1995
and 1996.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
337
Care and Development Block Grant Act of 1990),
$934,642,000, which shall be available for obligation
under the same statutory terms and conditions applicable
in the prior fiscal year.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,520,000,000: Pro-
vided, That notwithstanding section 2003(c) of such Act,
the amount specified for allocation under such section for
fiscal year 1996 shall be $2,520,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental
Disabilities Assistance and Bill of Rights Act, the Head
Start Act, the Child Abuse Prevention and Treatment Act,
the Family Violence Prevention and Services Act, the Na-
tive American Programs Act of 1974, title II of Public
Law 95–266 (adoption opportunities), the Temporary
Child Care for Children with Disabilities and Crisis Nurs-
eries Act of 1986, the Abandoned Infants Assistance Act
of 1988, and part B(1) of title IV of the Social Security
Act; for making payments under the Community Services
Block Grant Act ($435,463,000); and for necessary ad-
ministrative expenses to carry out said Acts and titles I,
IV, X, XI, XIV, XVI, and XX of the Social Security Act,
338
the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus
Budget Reconciliation Act of 1981, title IV of the Immi-
gration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and section 126 and
titles IV and V of Public Law 100–485, $4,694,222,000:
Provided, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to
an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such
entity for carry-over into the next fiscal year for expendi-
ture by such entity consistent with program purposes.
In addition, $21,358,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 40155, 40211, 40241, and 40251 of Public Law
103–322.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $225,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION
ASSISTANCE
For making payments to States or other non-Federal
entities, under title IV–E of the Social Security Act,
$4,322,238,000.
339
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended,
$801,232,000.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
medium sedans, and for carrying out titles III, XVII, and
XX of the Public Health Service Act, $136,499,000, to-
gether with $6,628,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Sup-
plemental Medical Insurance Trust Fund: Provided, That
of the funds made available under this heading for carry-
ing out title XVII of the Public Health Service Act,
$7,500,000 shall be available until expended for extra-
mural construction.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $29,956,000, together
with not to exceed $1,000,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
340
Security Act from the Hospital Insurance Trust Fund and
the Supplemental Medical Insurance Trust Fund.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, $16,153,000, together with not to exceed
$3,314,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social
Security Act, $9,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
341
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds made available by this
Act may be used to withhold payment to any State under
the Child Abuse Prevention and Treatment Act by reason
of a determination that the State is not in compliance with
section 1340.2(d)(2)(ii) of title 45 of the Code of Federal
Regulations. This provision expires upon the date of enact-
ment of the reauthorization of the Child Abuse Prevention
and Treatment Act or upon September 30, 1996, which-
ever occurs first.
SEC. 205. None of the funds appropriated in this or
any other Act for the National Institutes of Health and
the Substance Abuse and Mental Health Services Admin-
istration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate
in excess of $125,000 per year.
SEC. 206. Taps and other assessments made by any
office located in the Department of Health and Human
Services shall be treated as a reprogramming of funds ex-
cept that this provision shall not apply to assessments re-
quired by authorizing legislation, or related to working
342
capital funds or other fee-for-service activities. None of the
funds appropriated in this Act may be expended pursuant
to section 241 of the Public Health Service Act, except
for funds specifically provided for in this Act, prior to the
Secretary’s preparation and submission of a report to the
Committee on Appropriations of the Senate and of the
House detailing the planned uses of such funds.
(TRANSFER OF FUNDS)
SEC. 207. Of the funds appropriated or otherwise
made available for the Department of Health and Human
Services, General Departmental Management, for fiscal
year 1996, the Secretary of Health and Human Services
shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect
to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 209. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Health and Human Services in this Act may
be transferred between such appropriations, but no such
343
appropriation shall be increased by more than 3 percent
by any such transfers: Provided, That the Appropriations
Committees of both Houses of Congress are notified at
least fifteen days in advance of any transfers.
SEC. 210. Of the funds provided for the account
heading ‘‘Disease Control, Research, and Training’’ in
Public Law 104–91, $31,642,000, to be derived from the
Violent Crime Reduction Trust Fund, is hereby available
for carrying out sections 40151, 40261, and 40293 of
Public Law 103–322 notwithstanding any provision of
Public Law 104–91.
(TRANSFER OF FUNDS)
SEC. 211. The Director of the National Institutes of
Health may transfer funds made available for the National
Institutes of Health under Public Law 104–91 between
the Institutes, Centers, and the National Library of Medi-
cine to carry out the purposes of part D of title XXIII
of the Public Health Service Act, provided that no appro-
priation may be decreased by more than 2 percent by any
such transfers and that the Congress is promptly notified
of the transfer.
SEC. 212. In fiscal year 1996, the National Library
of Medicine may enter into personal services contracts for
the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Insti-
tutes of Health.
344
SEC. 213. Notwithstanding section 106 of Public Law
104–91, appropriations for the National Institutes of
Health and the Centers for Disease Control and Preven-
tion shall be available for fiscal year 1996 as specified in
section 101 of Public Law 104–91.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1996’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles II and
III of the School-to-Work Opportunities Act, $95,000,000
which shall become available on July 1, 1996, and remain
available through September 30, 1997.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, and section 418A of the
Higher 
Education 
Act, 
$6,049,113,000, 
of 
which
$6,032,774,000 shall become available on July 1, 1996
and shall remain available through September 30, 1997:
Provided, That $4,949,505,000 shall be available for basic
grants under section 1124, which shall be allocated with-
out regard to section 1124(d): Provided further, That up
to $3,500,000 of these funds shall be available to the Sec-
retary on October 1, 1995 and shall remain available
through September 30, 1997, to obtain updated local-edu-
345
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $549,945,000 shall
be available for concentration grants under section
1124(A) and $3,370,000 shall be available for evaluations
under section 1501: Provided further, That no funds shall
be reserved under section 1003(a) of said Act.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$693,000,000, of which $583,011,000 shall be for basic
support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under
section 8003(d), $50,000,000, to remain available until
expended, shall be for payments under section 8003(f),
$5,000,000 shall be for construction under section 8007,
and $14,989,000 shall be for Federal property payments
under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV–A–1, V–A, VI, section 7203, and
titles IX, X and XIII of the Elementary and Secondary
Education Act of 1965; the Stewart B. McKinney Home-
less Assistance Act; and the Civil Rights Act of 1964;
$946,227,000 of which $773,000,000 shall become avail-
346
able on July 1, 1996, and remain available through Sep-
tember 30, 1997: Provided, That of the amount appro-
priated, $275,000,000 shall be for Eisenhower profes-
sional development State grants under title II–B and
$275,000,000 shall be for innovative education program
strategies State grants under title VI–A: Provided further,
That not less than $3,000,000 shall be for innovative pro-
grams under section 5111.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual and immigrant education activities author-
ized by title VII of the Elementary and Secondary Edu-
cation Act, $150,000,000 of which $50,000,000 shall be
for immigrant education programs authorized by part C:
Provided, That State educational agencies may use all, or
any part of, their part C allocation for competitive grants
to local educational agencies: Provided further, That the
Department of Education should only support instruc-
tional programs which ensure that students completely
master English in a timely fashion (a period of three to
five years) while meeting rigorous achievement standards
in the academic content areas: Provided further, That no
funds shall be available for subpart 3 of part A.
347
SPECIAL EDUCATION
For carrying out parts B, C, D, E, F, G, and H and
section 610(j)(2)(C) of the Individuals with Disabilities
Education Act, $3,245,447,000, of which $3,000,000,000
shall become available for obligation on July 1, 1996, and
shall remain available through September 30, 1997.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,452,620,000, of which $4,500,000 shall be for employ-
ment-related activities of the 1996 Paralympic Games.
SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $42,180,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized under section 207.
348
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $77,629,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, the Adult Education Act, and the
National Literacy Act of 1991, $1,257,134,000, of which
$4,869,000 shall be for the National Institute for Lit-
eracy; and of which $1,254,215,000 shall become available
on July 1, 1996 and shall remain available through Sep-
tember 30, 1997: Provided, That of the amounts made
available under the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $5,000,000 shall be for
national programs under title IV without regard to section
451 and $350,000 shall be for evaluations under section
346(b) of the Act.
349
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C, and part E of title IV of the Higher Education Act
of 1965, as amended, $6,643,246,000, which shall remain
available through September 30, 1997: Provided, That
notwithstanding section 401(a)(1) of the Act, there shall
be not to exceed 3,650,000 Pell Grant recipients in award
year 1995–1996.
The maximum Pell Grant for which a student shall
be eligible during award year 1996–1997 shall be $2,440:
Provided, That notwithstanding section 401(g) of the Act,
as amended, if the Secretary determines, prior to publica-
tion of the payment schedule for award year 1996–1997,
that the $5,423,331,000 included within this appropria-
tion for Pell Grant awards for award year 1996–1997, and
any funds available from the fiscal year 1995 appropria-
tion for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as cal-
culated under section 401(b) of the Act, the amount paid
for each such award shall be reduced by either a fixed
or variable percentage, or by a fixed dollar amount, as de-
termined in accordance with a schedule of reductions es-
tablished by the Secretary for this purpose.
350
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B,
of the Higher Education Act, as amended, $30,066,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), and part A of title IV, part E of title
V, parts A, B, and C of title VI, title VII, title IX, part
A and subpart 1 of part B of title X, part A of title XI
of the Higher Education Act of 1965, as amended, Public
Law 102–423 and the Mutual Educational and Cultural
Exchange 
Act 
of 
1961; 
$836,964,000, 
of 
which
$16,712,000 for interest subsidies under title VII of the
Higher Education Act, as amended, shall remain available
until expended.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $174,671,000.
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such ex-
penditures, within the limits of funds available under this
heading and in accord with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tation, as provided by section 104 of the Government Cor-
351
poration Control Act (31 U.S.C. 9104), as may be nec-
essary in carrying out the program for the current fiscal
year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For administrative expenses to carry out the existing
direct loan program of college housing and academic facili-
ties loans entered into pursuant to title VII, part C, of
the Higher Education Act, as amended, $700,000.
COLLEGE HOUSING LOANS
Pursuant to title VII, part C of the Higher Education
Act, as amended, for necessary expenses of the college
housing loans program, previously carried out under title
IV of the Housing Act of 1950, the Secretary shall make
expenditures and enter into contracts without regard to
fiscal year limitation using loan repayments and other re-
sources available to this account. Any unobligated bal-
ances becoming available from fixed fees paid into this ac-
count pursuant to 12 U.S.C. 1749d, relating to payment
of costs for inspections and site visits, shall be available
for the operating expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B of the Higher Education Act
352
shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $166,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act; the National Education Statistics Act; sec-
tion 2102, parts A, B, C, and D of title III, parts A, B,
I, K, and section 10601 of title X, part C of title XIII
of the Elementary and Secondary Education Act of 1965,
as amended, and section 601 of Public Law 103–227,
$328,268,000: Provided, That $4,000,000 shall be for sec-
tion 10601 of the Elementary and Secondary Education
Act: Provided further, That $25,000,000 shall be for sec-
tion 3136 (K–12 technology learning challenges) of the El-
ementary and Secondary Education Act: Provided further,
That none of the funds appropriated in this paragraph
may be obligated or expended for the Goals 2000 Commu-
nity Partnerships Program.
353
LIBRARIES
For carrying out, to the extent not otherwise pro-
vided, titles I, II, and III of the Library Services and Con-
struction Act, and title II–B of the Higher Education Act,
$131,505,000, of which $16,369,000 shall be used to
carry out the provisions of title II of the Library Services
and Construction Act and shall remain available until ex-
pended.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$327,319,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $55,451,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $28,654,000.
354
HEADQUARTERS RENOVATION
For necessary expenses for the renovation of the De-
partment of Education headquarters building, $7,000,000,
to remain available until September 30, 1998.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
355
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. No funds appropriated under this Act shall
be made available for opportunity to learn standards or
strategies.
SEC. 305. Notwithstanding any other provision of
law, funds available under section 458 of the Higher Edu-
cation Act shall not exceed $260,000,000 for fiscal year
1996. The Department of Education shall use such funds
as follows: (i) $100,000,000 for the indirect administrative
expenses of the loan programs under part B and part D
of the Higher Education Act; (ii) $95,000,000 for admin-
istrative cost allowances owed to guaranty agencies for fis-
cal year 1995 estimated at $95,000,000; and (iii) adminis-
trative cost allowances to guaranty agencies, to be paid
quarterly, calculated on the basis of 0.85 percent of the
total principal amount of loans upon which insurance was
issued on or after October 1, 1995 by such guaranty agen-
cy. Receipt of such funds and uses of such funds by guar-
anty agencies shall be in accordance with section 428(f)
of the Higher Education Act.
356
Notwithstanding any other provision of law, for fiscal
year 1996 there shall be available to the Secretary from
funds not otherwise appropriated, funds to be obligated
for subsidy costs for the William D. Ford Direct Loan
Program which represent the estimated long-term cost to
the Federal Government of direct administrative expenses
calculated on a net present value basis.
Notwithstanding section 458 of the Higher Education
Act, the Secretary may not use funds available under that
section or any other section for subsequent fiscal years
for administrative expenses of the William D. Ford Direct
Loan Program. The Secretary may not require the return
of guaranty agency reserve funds during fiscal year 1996,
except after consultation with both the chairman and
ranking member of the House Economic and Educational
Opportunities Committee and the Senate Labor and
Human Resources Committee. Any reserve funds recov-
ered by the Secretary shall be returned to the Treasury
of the United States for purposes of reducing the Federal
debt.
No funds available to the Secretary may be used for
(1) marketing, advertising or promotion of the William D.
Ford Direct Loan Program, or for the hiring of advertis-
ing agencies or other third parties to provide advertising
services, or (2) payment of administrative fees relating to
357
the William D. Ford Direct Loan Program to institutions
of higher education, or (3) for purposes of conducting an
evaluation of the William D. Ford Direct Loan Program
except as administered by the Advisory Committee on Stu-
dent Financial Assistance.
Notwithstanding any other provision of law, for aca-
demic year 1996–1997 and for each succeeding academic
year, loans made under part D of the Higher Education
Act, including Federal Direct Consolidation Loans, shall
represent not more than 40 percent of the new student
loan volume for such year, except that the Secretary shall
not enter into an agreement with an eligible institution
that has not applied and been accepted for participation
in the direct loan program on or before September 30,
1995.
SEC. 306. None of the funds appropriated in this Act
may be obligated or expended to carry out sections 727,
932, and 1002 of the Higher Education Act of 1965, sec-
tion 621(b) of Public Law 101–589, the President’s Advi-
sory Commission on Educational Excellence for Hispanic
Americans, and the President’s Board of Advisors on His-
torically Black Colleges and Universities.
(TRANSFER OF FUNDS)
SEC. 307. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Education in this Act may be transferred be-
358
tween such appropriations, but no such appropriation shall
be increased by more than 3 percent by any such trans-
fers: Provided, That the Appropriations Committees of
both Houses of Congress are notified at least fifteen days
in advance of any transfers.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1996’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States
Soldiers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $55,971,000, of
which $1,954,000 shall remain available until expended
for construction and renovation of the physical plants at
the United States Soldiers’ and Airmen’s Home and the
United States Naval Home: Provided, That this appro-
priation shall not be available for the payment of hos-
pitalization of members of the Soldiers’ and Airmen’s
Home in United States Army hospitals at rates in excess
of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the
Surgeon General of the Army.
359
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $196,270,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 1998,
$250,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
360
in it by the Labor Management Relations Act, 1947 (29
U.S.C. 171–180, 182–183), including hire of passenger
motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a);
and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. chapter 71), $32,896,000
including $1,500,000, to remain available through Sep-
tember 30, 1997, for activities authorized by the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged for special training activities up to full-cost recov-
ery shall be credited to and merged with this account, and
shall remain available until expended: Provided further,
That the Director of the Service is authorized to accept
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$6,200,000.
361
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended
by Public Law 102–95), $829,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $1,793,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $1,000,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $167,245,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
362
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 per centum of the water stored or supplied there-
by is used for farming purposes: Provided further, That
no part of this appropriation may be used by the National
Labor Relations Board to petition a United States district
court for temporary relief or a restraining order as de-
scribed under section 10(j) of the National Labor Rela-
tions Act unless there is a reasonable likelihood of success
on the merits of the complaint that an unfair labor prac-
tice has occurred, there is a possibility of irreparable harm
if such relief is not granted, a balancing of hardships fa-
vors injunctive relief, and harm to the public interest
stemming from injunctive relief is tolerable in light of the
benefits achieved by such relief.
363
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $7,837,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$8,100,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $2,923,000, to be transferred
to this appropriation from the Federal Supplementary
Medical Insurance Trust Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e)
of the Social Security Act, $3,267,000, to be transferred
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
364
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $22,641,000.
In addition, to reimburse these trust funds for admin-
istrative expenses to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986, $10,000,000, to re-
main available until expended.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $485,396,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977 for the first
quarter of fiscal year 1997, $170,000,000, to remain
available until expended.
365
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$18,753,834,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For carrying out title XVI of the Social Security Act
for the first quarter of fiscal year 1997, $9,260,000,000,
to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two me-
dium size passenger motor vehicles, and not to exceed
$10,000 for official reception and representation expenses,
not more than $5,164,268,000 may be expended, as au-
thorized by section 201(g)(1) of the Social Security Act
or as necessary to carry out sections 9704 and 9706 of
366
the Internal Revenue Code of 1986 from any one or all
of the trust funds referred to therein: Provided, That reim-
bursement to the trust funds under this heading for ad-
ministrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986 shall be made, with
interest, not later than September 30, 1997.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$407,000,000, for disability caseload processing.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$228,000,000, which shall remain available until ex-
pended, to invest in a state-of-the-art computing network,
including related equipment and administrative expenses
associated solely with this network, for the Social Security
Administration and the State Disability Determination
Services, may be expended from any or all of the trust
funds as authorized by section 201(g)(1) of the Social
Security Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,816,000, together
with not to exceed $21,076,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
367
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $239,000,000, which shall include
amounts becoming available in fiscal year 1996 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $239,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $300,000, to remain available through September
30, 1997, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law
98–76.
368
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board, $73,561,000, to be derived from the railroad re-
tirement accounts.
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE
ADMINISTRATION FUND
For further expenses necessary for the Railroad Re-
tirement Board, for administration of the Railroad Unem-
ployment Insurance Act, not less than $17,255,000 shall
be apportioned for fiscal year 1996 from moneys credited
to the railroad unemployment insurance administration
fund.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the
reduction of backlogs, accuracy of taxation accounting,
and debt collection, $659,000, to be derived from the rail-
road retirement accounts and railroad unemployment in-
surance account: Provided, That these funds shall supple-
ment, not supplant, existing resources devoted to such op-
erations and improvements.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,673,000, to be derived from