H. R. 1977—34
ties support activities of the Indian Health Service, $238,958,000,
to remain available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated 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, improve, or enlarge health or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent 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 equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901–5902);
and for expenses of attendance at meetings which are concerned
with the functions 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 Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the 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: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian 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 transpor-
tation: Provided further, That the Indian Health Service shall nei-
ther bill nor charge those Indians 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, notwith-
standing 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-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), may be deobligated and reobligated to a self-govern-
ance funding agreement under title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 and thereafter shall
remain available to the tribe or tribal organization 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
Services, relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has submit-
H. R. 1977—35
ted a budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included in
an appropriations Act and enacted into law: Provided further, That
funds made available 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 approval of the House
and Senate Committees on Appropriations.
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 Second-
ary 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 appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included 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 Relocation 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 replacement 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 authorized by title XV
of Public Law 99–498 (20 U.S.C. 4401 et seq.), $5,500,000.
H. R. 1977—36
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, 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 perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed thirty years), and protection of build-
ings, 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, repair, and cleaning of uniforms for
employees; $308,188,000, of which not to exceed $30,472,000 for
the instrumentation program, collections acquisition, Museum Sup-
port Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of skele-
tal remains program, research equipment, information manage-
ment, 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 participat-
ing in official Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling,
and equipping of buildings and facilities at the National Zoological
Park, by contract or otherwise, $3,250,000, to remain available
until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings
owned or occupied by the Smithsonian Institution, 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 expended: Provided, That contracts awarded for environmental
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 quali-
fications 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 Gallery of Art,
the protection and care of the works of art therein, and administra-
H. R. 1977—37
tive 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), includ-
ing services as authorized by 5 U.S.C. 3109; payment in advance
when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publica-
tions 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 there-
for, 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, alteration,
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 proper, $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 environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery of Art 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, maintenance 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 rehabilitation
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.
H. R. 1977—38
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 National 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 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, $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 purposes 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 years for which equal amounts have not pre-
viously 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 National Endowment for
the Humanities for support of activities 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 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 subsections 11(a)(2)(B) and 11(a)(3)(B) during the cur-
rent and preceding fiscal years for which equal amounts have
not previously been appropriated.
H. R. 1977—40
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 Administration.
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 repair 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 procurement contract, pursu-
ant 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 exist-
ing law, or under existing Executive order issued pursuant to exist-
ing 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 natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, 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.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication 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 depart-
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency 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 Appropriations 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
H. R. 1977—41
3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American
Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending 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 agency 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 LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing 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 contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility 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 classified 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 pay-
ments of funds to tribes and tribal organizations under annual
funding agreements pursuant to section 108 of Public Law 93–
638, as amended, may be made on the first business day following
the first day of a fiscal quarter.
SEC. 312. None of funds appropriated or otherwise made avail-
able by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided,
That if no funds are provided for the AmeriCorps program by
the VA–HUD and Independent Agencies fiscal year 1996 appropria-
tions 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 Pennsylvania
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,
H. R. 1977—42
covenants, agreements, and easements it has executed or will
execute by March 31, 1996, in carrying out its powers and
duties under the Pennsylvania Avenue Development Corpora-
tion Act (40 U.S.C. 871–885) and the Federal Triangle Develop-
ment Act (40 U.S.C. 1101–1109) to the General Services
Administration, National Capital Planning Commission, or the
National Park Service; and
(2) except as provided by subsection (d), transfer all rights,
title, and interest in and to all property, 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 Develop-
ment Corporation transferred to the General Services Administra-
tion under subsection (a) include, but are not limited to, the follow-
ing:
(1) Collection of revenue owed the Federal Government
as a result of real estate sales or lease agreements entered
into by the Pennsylvania Avenue Development Corporation and
private parties, including, 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 undeveloped sites owned
by the Pennsylvania Avenue Development 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 Pennsylvania Avenue Develop-
ment Corporation in the course of acquiring real estate.
(4) Performing financial audits for projects in which the
Pennsylvania Avenue Development Corporation has actual or
potential revenue expectation, as identified in paragraphs (1)
and (2), in accordance 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
Corporation’s acquisition of real estate.
(7) Carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation under the Federal Triangle
Development Act (40 U.S.C. 1101–1109), including responsibil-
ities for managing assets and liabilities of the Corporation
under such Act.
(c) In carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation transferred under this section,
the Administrator of the General Services Administration shall
have the following powers:
(1) To acquire lands, improvements, and properties by pur-
chase, lease or exchange, and to sell, lease, or otherwise dispose
of real or personal property as necessary to complete the devel-
opment plan developed under section 5 of the Pennsylvania
Avenue Development Corporation Act of 1972 (40 U.S.C. 874)
H. R. 1977—43
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 Environment
and Public Works and the Committee on Appropriations of
the Senate and at least 60 days elapse after the date of such
transmission.
(2) To modify from time to time the plan referred to in
paragraph (1) if such modification is first transmitted to the
Committee on Transportation and Infrastructure and the
Committee on Appropriations 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 transmission.
(3) To maintain any existing Pennsylvania Avenue Develop-
ment Corporation insurance programs.
(4) To enter into and perform such leases, contracts, 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 necessary to carry out the responsibilities of the Pennsylva-
nia Avenue Development Corporation under the Federal Tri-
angle 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 completion of development
in Square 457.
(6) To use all of the funds transferred from the Pennsylva-
nia Avenue Development Corporation or income earned on
Pennsylvania Avenue Development Corporation property to
complete any pending development projects.
(d)(1)(A) On or before April 1, 1996, the Pennsylvania 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, Department of the Interior.
(B) The property referred to in subparagraph (A) is the property
located within the Pennsylvania Avenue National Historic Site
depicted on a map entitled ‘‘Pennsylvania 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
National Park Service, Department of the Interior. The Pennsylva-
nia Avenue National Historic Site includes the parks, plazas, side-
walks, 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 manage-
ment, administration, maintenance, law enforcement, visitor serv-
ices, resource protection, interpretation, and historic preservation
at the Pennsylvania Avenue National Historic Site.
(4) The National Park Service may enter into contracts, coopera-
tive 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 cor-
poration as may be deemed necessary or appropriate for the conduct
of special events, festivals, concerts, or other art and cultural pro-