H. R. 2076—23
(B) COMPLIANCE.—Notwithstanding the provisions of
paragraph (1), any funds that remain available to an
applicant under title V of the Violent Crime Control and
Law Enforcement Act of 1994 shall be used in accordance
with such subtitle as if such subtitle was in effect on
the day preceding the date of enactment of this Act.
(C) TRUTH-IN-SENTENCING.—The table of contents of
the Violent Crime Control and Law Enforcement Act of
1994 is amended by striking the matter relating to subtitle
A of title II and inserting the following:
‘‘SUBTITLE A—TRUTH-IN-SENTENCING GRANTS
‘‘Sec. 20101.
Definitions.
‘‘Sec. 20102.
Authorization of Grants.
‘‘Sec. 20103.
General Grants.
‘‘Sec. 20104.
Truth-in-sentencing incentive grants.
‘‘Sec. 20105.
Special rules.
‘‘Sec. 20106.
Formula for grants.
‘‘Sec. 20107.
Accountability.
‘‘Sec. 20108.
Authorization of appropriations.
‘‘Sec. 20109.
Payments for Incarceration on Tribal Lands.
‘‘Sec. 20110.
Payments to States for Incarceration of Criminal Aliens.
‘‘Sec. 20111.
Report by the Attorney General.’’.
SEC. 115. Notwithstanding provisions of 41 U.S.C. 353 or any
other provision of law, the Federal Prison System may enter into
contracts and other agreements with private entities for a period
not to exceed 3 years and 7 additional option years for the confine-
ment of Federal prisoners.
SEC. 116. (a) IN GENERAL.—Subsection (b) of section 4 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg–2(b))
is amended by striking ‘‘March 11, 1993’’ each place it appears
and inserting ‘‘August 1, 1994’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect as if included in the provisions of the National
Voter Registration Act of 1993.
SEC. 117. Notwithstanding any other provision of law, a Fed-
eral, State, or local government agency may not use a voter registra-
tion card (or other related document) that evidences registration
for an election for Federal office, as evidence to prove United States
citizenship.
SEC. 118. Section 1344(b)(6) of title 31, United States Code,
is amended to read as follows:
‘‘(6) the Director of the Central Intelligence Agency, the Direc-
tor of the Federal Bureau of Investigation, and the Adminis-
trator of the Drug Enforcement Administration;’’.
SEC. 119. (a) AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT
COMMISSION.—The Foreign Claims Settlement Commission of the
United States (the ‘‘Commission’’) is authorized to receive and deter-
mine the validity and amount of claims by nationals of the United
States against the Federal Republic of Germany covered by Article
2(2) of the Agreement Between the Government of the Federal
Republic of Germany and the Government of the United States
of America Concerning Final Benefits to Certain United States
Nationals Who Were Victims of National Socialist Measures of
Persecution, entered into force September 19, 1995 (the ‘‘Agree-
ment’’). In deciding such claims, the Commission shall be guided
by the criteria applied by the Department of State in determining
H. R. 2076—24
the validity and amount of the claims covered by and settled under
Article 2(1) of the Agreement.
(b) APPLICATION
OF
OTHER
LAWS.—Except to the extent
inconsistent with the provisions of this section, the provisions of
title I of the International Claims Settlement Act of 1949 (22
U.S.C. 1621 et sec.), except for section 7(b) (22 U.S.C. 1626(b)),
shall apply with respect to claims under this section. Any reference
in such provisions to ‘‘this title’’ shall be deemed to refer to those
provisions and to this section.
(c) CERTIFICATION AND PAYMENT.—
(1) Not later than two years after the entry into force
of the Agreement, the Commission shall certify to the Secretary
of State, in writing, its determinations as to the validity and
amount of the claims authorized for decision under subsection
(a).
(2) In the case of claims found to be compensable under
subsection (a), the Commission shall certify the awards entered
in the claims to the Secretary of the Treasury in accordance
with section 5 of title I of the International Claims Settlement
Act of 1949 (22 U.S.C. 1624). Such awards shall be paid in
accordance with subsections (a) and (c)–(f) of section 7 of such
title (22 U.S.C. 1626) out of a special fund established in
accordance with section 8 of such title (22 U.S.C. 1627), follow-
ing conclusion of the negotiations provided for in Article 2(2)
of the Agreement.
(d) CONFIDENTIALITY OF RECORDS.—Records pertaining to the
claims received by the Commission pursuant to subsection (a) shall
not be publicly disclosed and shall not be required to be disclosed
pursuant to section 552 of title 5, United States Code.
(e) SEPARABILITY.—If any provision of this section or the
application thereof to any person or circumstances is held invalid,
the remainder of this section or the application of such provision
to other persons or circumstances shall not be affected.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 1996’’.
TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $20,889,000, of which $2,500,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses.
H. R. 2076—25
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $40,000,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 1517; employment of Americans
and aliens by contract for services; rental of space abroad for
periods not exceeding ten years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of passenger
motor vehicles for official use abroad, not to exceed $30,000 per
vehicle; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $264,885,000, to remain available
until expended: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to 15
U.S.C. 4912; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act shall include payment for assessments for services
provided as part of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
H. R. 2076—26
not to exceed $15,000 for official representation expenses abroad;
awards of compensation to informers under the Export Administra-
tion Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation otherwise estab-
lished by law; $38,604,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91–304, and such laws that were in effect
immediately before September 30, 1982, and for trade adjustment
assistance, $328,500,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading may be
used directly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by the Eco-
nomic Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of Commerce
may provide financial assistance for projects to be located on mili-
tary installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and
Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease
for the property, for the useful life of the project, when in the
opinion of the Secretary of Commerce, such financial assistance
is necessary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Secretary
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled
for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $20,000,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, as amended, title II of the Trade Act of 1974, as
amended, and the Community Emergency Drought Relief Act of
1977.
H. R. 2076—27
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $32,000,000.
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the United States Travel and Tour-
ism Administration, $2,000,000, to remain available until December
31, 1995: Provided, That none of the funds appropriated by this
paragraph shall be available to carry out the provisions of section
203(a) of the International Travel Act of 1961, as amended.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$45,900,000, to remain available until September 30, 1997.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND
The Secretary of Commerce is authorized to disseminate eco-
nomic and statistical data products as authorized by 15 U.S.C.
1525–1527 and, notwithstanding 15 U.S.C. 4912, charge fees nec-
essary to recover the full costs incurred in their production. Notwith-
standing 31 U.S.C. 3302, receipts received from these data dissemi-
nation activities shall be credited to this account, to be available
for carrying out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$133,812,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $150,300,000,
to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $17,000,000,
H. R. 2076—28
to remain available until expended: Provided, That notwithstanding
31 U.S.C. 1535(d), the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds transferred, or
previously transferred, from other Government agencies for spec-
trum management, analysis, and operations and for all costs
incurred in telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of the
NTIA in furtherance of its assigned functions under this paragraph
and such funds received from other Government agencies shall
remain available until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,200,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,000,000 shall be available for
program administration and other support activities as authorized
by section 391 of the Act including support of the Advisory Council
on National Information Infrastructure: Provided further, That of
the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information infra-
structure: Provided further, That notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used
for the planning and construction of telecommunications networks
for the provision of educational, cultural, health care, public
information, public safety or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted against
the Commissioner of Patents and Trademarks; $82,324,000, to
remain available until expended: Provided, That the funds made
available under this heading are to be derived from deposits in
the Patent and Trademark Office Fee Surcharge Fund as authorized
by law: Provided further, That the amounts made available under
the Fund shall not exceed amounts deposited; and such fees as
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41
and 376, shall remain available until expended.
H. R. 2076—29
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $259,000,000, to remain available until expended,
of which not to exceed $8,500,000 may be transferred to the ‘‘Work-
ing Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension Part-
nership of the National Institute of Standards and Technology,
$80,000,000, to remain available until expended, of which not to
exceed $500,000 may be transferred to the ‘‘Working Capital Fund’’:
Provided, That none of the funds made available under this heading
in this or any other Act may be used for the purposes of carrying
out additional program competitions under the Advanced Tech-
nology Program: Provided further, That any unobligated balances
available from carryover of prior year appropriations under the
Advanced Technology Program may be used only for the purposes
of providing continuation grants.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation of existing facili-
ties, not otherwise provided for the National Institute of Standards
and Technology, as authorized by 15 U.S.C. 278c–278e, $60,000,000,
to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
acquisition, maintenance, operation, and hire of aircraft; not to
exceed 358 commissioned officers on the active list; grants, con-
tracts, or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements; and
alteration, modernization, and relocation of facilities as authorized
by 33 U.S.C. 883i; $1,795,677,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 but
consistent with other existing law, fees shall be assessed, collected,
and credited to this appropriation as offsetting collections to be
available until expended, to recover the costs of administering aero-
nautical charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such addi-
tional fees are received during fiscal year 1996, so as to result
in a final general fund appropriation estimated at not more than
$1,792,677,000: Provided further, That any such additional fees
received in excess of $3,000,000 in fiscal year 1996 shall not be
available for obligation until October 1, 1996: Provided further,
That fees and donations received by the National Ocean Service
H. R. 2076—30
for the management of the national marine sanctuaries may be
retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $63,000,000 shall be derived by transfer from
the fund entitled ‘‘Promote and Develop Fishery Products and
Research Pertaining to American Fisheries’’: Provided further, That
grants to States pursuant to sections 306 and 306(a) of the Coastal
Zone Management Act, as amended, shall not exceed $2,000,000.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to 16 U.S.C. 1456a, not to exceed
$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16
U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).
CONSTRUCTION
For repair and modification of, and additions to, existing facili-
ties and construction of new facilities, and for facility planning
and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $50,000,000,
to remain available until expended.
FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the mod-
ernization of the fleet, for the National Oceanic and Atmospheric
Administration, $8,000,000, to remain available until expended.
FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND
For carrying out the provisions of section 3 of Public Law
95–376, not to exceed $1,032,000, to be derived from receipts col-
lected pursuant to 22 U.S.C. 1980 (b) and (f), to remain available
until expended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $999,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of the Atlan-
tic Tunas Convention Act of 1975, as amended (Public Law 96–
339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100–627) and the American Fish-
eries Promotion Act (Public Law 96–561), there are appropriated
from the fees imposed under the foreign fishery observer program
authorized by these Acts, not to exceed $196,000, to remain avail-
able until expended.
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost, as defined in section 502 of the Federal Credit
Reform Act of 1990, of guaranteed loans authorized by the Merchant
Marine Act of 1936, as amended, $250,000: Provided, That none
H. R. 2076—31
of the funds made available under this heading may be used to
guarantee loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY
POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $5,000,000.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to
exceed $3,000 for official entertainment, $29,100,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–
504), $19,849,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this heading,
$75,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activi-
ties that are under the control of the United States Air Force
or the United States Air Force Reserve.
SEC. 204. None of the funds provided in this or any previous
Act, or hereinafter made available to the Department of Commerce
H. R. 2076—32
shall be available to reimburse the Unemployment Trust Fund
or any other fund or account of the Treasury to pay for any expenses
paid before October 1, 1992, as authorized by section 8501 of title
5, United States Code, for services performed after April 20, 1990,
by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census
of population.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of Com-
merce, no later than 90 days thereafter, shall submit to the Commit-
tees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal
for transferring or rescinding funds appropriated herein for agencies
or programs terminated under such legislation: Provided further,
That such plan shall be transmitted in accordance with section
605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to carry
out legislation dismantling or reorganizing the Department of Com-
merce to cover the costs of actions relating to the abolishment,
reorganization or transfer of functions and any related personnel
action, including voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer funds
between appropriations accounts that may be necessary to carry
out this section is provided in addition to authorities included
under section 205 of this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 207. None of the funds appropriated under this Act or
any other law shall be used to implement subsections (a), (b),
(c), (e), (g), or (i) of section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), until such time as legislation reauthorizing
the Act is enacted or until the end of fiscal year 1996, whichever
is earlier, except that monies appropriated under this Act may
be used to delist or reclassify species pursuant to subsections
4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.
SEC. 208. Notwithstanding any other provision of law (including
any regulation and including the Public Works and Economic Devel-
opment Act of 1965), the transfer of title to the Rutland City
Industrial Complex to Hilinex, Vermont (as related to Economic
Development Administration Project Number 01–11–01742) shall
not require compensation to the Federal Government for the fair
share of the Federal Government of that real property.
H. R. 2076—33
SEC. 209. (a) IN GENERAL.—The Secretary of Commerce, acting
through the Assistant Secretary for Economic Development of the
Department of Commerce, shall—
(1) not later than January 1, 1996, commence the demoli-
tion of the structures on, and the cleanup and environmental
remediation on, the parcel of land described in subsection (b);
(2) not later than March 31, 1996, complete the demolition,
cleanup, and environmental remediation under paragraph (1);
and
(3) not later than April 1, 1996, convey the parcel of land
described in subsection (b), in accordance with the requirements
of section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)), to the Tuscaloosa County Industrial Development
Authority, on receipt of payment of the fair market value for
the parcel by the Authority, as agreed on by the Secretary
and the Authority.
(b) LAND PARCEL.—The parcel of land referred to in subsection
(a) is the parcel of land consisting of approximately 41 acres in
Holt, Alabama (in Tuscaloosa County), that is generally known
as the ‘‘Central Foundry Property’’, as depicted on a map, and
as described in a legal description, that the Secretary, acting
through the Assistant Secretary for Economic Development, deter-
mines to be satisfactory.
SEC. 210. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 1996’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $25,834,000.
H. R. 2076—34
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b),
$3,313,000, of which $500,000 shall remain available until
expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $14,288,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services as authorized
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized
by law, $10,859,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $2,433,141,000 (includ-
ing the purchase of firearms and ammunition); of which not to
exceed $13,454,000 shall remain available until expended for space
alteration projects; of which not to exceed $10,000,000 shall remain
available until expended for furniture and furnishings related to
new space alteration and construction projects; and of which
$500,000 is to remain available until expended for acquisition of
books, periodicals, and newspapers, and all other legal reference
materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,318,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Federal Judiciary as authorized by law,
$30,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, as authorized
by section 190001(a) of Public Law 103–322.
H. R. 2076—35
DEFENDER SERVICES
For the operation of Federal Public Defender and Community
Defender organizations, the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended, the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act (18 U.S.C.
3006A(e)), the compensation (in accordance with Criminal Justice
Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel, the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execu-
tion of penal sentences, and the compensation of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d),
$267,217,000, to remain available until expended as authorized
by 18 U.S.C. 3006A(i): Provided, That none of the funds provided
in this Act shall be available for Death Penalty Resource Centers
or Post-Conviction Defender Organizations after April 1, 1996.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h));
$59,028,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to the procurement, installation, and maintenance of security equip-
ment and protective services for the United States Courts in court-
rooms and adjacent areas, including building ingress-egress control,
inspection of packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement
and Access to Justice Act (Public Law 100–702); $102,000,000,
to be expended directly or transferred to the United States Marshals
Service which shall be responsible for administering elements of
the Judicial Security Program consistent with standards or guide-
lines agreed to by the Director of the Administrative Office of
the United States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
H. R. 2076—36
District of Columbia and elsewhere, $47,500,000, of which not to
exceed $7,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $17,914,000; of which $1,800,000
shall remain available through September 30, 1997, to provide
education and training to Federal court personnel; and of which
not to exceed $1,000 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survi-
vors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000,
and to the United States Court of Federal Claims Judges’ Retire-
ment Fund, as authorized by 28 U.S.C. 178(l), $1,900,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $8,500,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be available
for salaries and expenses of the Special Court established under
the Regional Rail Reorganization Act of 1973, Public Law 93–
236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and other
Judicial Services, Defender Services’’, shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $10,000 and shall be administered by the Director of
H. R. 2076—37
the Administrative Office of the United States Courts in his capacity
as Secretary of the Judicial Conference.
SEC. 305. Section 333 of title 28, United States Code, is
amended—
(1) in the first paragraph by striking ‘‘shall’’ the first, second,
and fourth place it appears and inserting ‘‘may’’; and
(2) in the second paragraph—
(A) by striking ‘‘shall’’ the first place it appears and
inserting ‘‘may’’; and
(B) by striking ‘‘, and unless excused by the chief judge,
shall remain throughout the conference’’.
This title may be cited as ‘‘The Judiciary Appropriations Act,
1996’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED
AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of 1956,
as amended; representation to certain international organizations
in which the United States participates pursuant to treaties, ratified
pursuant to the advice and consent of the Senate, or specific Acts
of Congress; acquisition by exchange or purchase of passenger motor
vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and
22 U.S.C. 2674; and for expenses of general administration,
$1,708,800,000: Provided, That notwithstanding section 140(a)(5),
and the second sentence of section 140(a)(3) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), not to exceed $125,000,000 of fees may be collected during
fiscal year 1996 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal year 1996 as an offsetting
collection to appropriations made under this heading to recover
the costs of providing consular services and shall remain available
until expended: Provided further, That the preceding two provisos
shall remain in effect through April 1, 1996: Provided further,
That starting in fiscal year 1997, a system shall be in place that
allocates to each department and agency the full cost of its presence
outside of the United States.
Of the funds provided under this heading, $24,856,000 shall
be available only for the Diplomatic Telecommunications Service
for operation of existing base services and not to exceed $17,144,000
shall be available only for the enhancement of the Diplomatic
Telecommunications Service and shall remain available until
expended. Of the latter amount, $9,600,000 shall not be made
available until expiration of the 15 day period beginning on the
date when the Secretary of State and the Director of the Diplomatic
Telecommunications Service submit the pilot program report
required by section 507 of Public Law 103–317.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended,
H. R. 2076—38
may be used in accordance with section 45 of the State Department
Basic Authorities Act of 1956, 22 U.S.C. 2717; and in addition
not to exceed $1,223,000 shall be derived from fees from other
executive agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the International
Center Act (Public Law 90–553, as amended by section 120 of
Public Law 101–246); and in addition not to exceed $15,000 which
shall be derived from reimbursements, surcharges, and fees for
use of Blair House facilities in accordance with section 46 of the
State of Department Basic Authorities Act of 1956 (22 U.S.C.
2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 per-
cent of the amounts made available in this Act in the appropriation
accounts, ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and
Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’
may be transferred between such appropriation accounts: Provided,
That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
For an additional amount for security enhancements to counter
the threat of terrorism, $9,720,000, to remain available until
expended.
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August
31, 1964, as amended (31 U.S.C. 3721), and the State Department
Basic Authorities Act of 1956, as amended, $363,276,000.
For an additional amount for security enhancements to counter
the threat of terrorism, $1,870,000, to remain available until
expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$16,400,000, to remain available until expended, as authorized in
Public Law 103–236: Provided, That section 135(e) of Public Law
103–236 shall not apply to funds appropriated under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $27,369,000, notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465),
as it relates to post inspections: Provided, That notwithstanding
any other provision of law, (1) the Office of the Inspector General
of the United States Information Agency is hereby merged with
the Office of the Inspector General of the Department of State;
(2) the functions exercised and assigned to the Office of the Inspector
General of the United States Information Agency before the effective
date of this Act (including all related functions) are transferred
to the Office of the Inspector General of the Department of State;
and (3) the Inspector General of the Department of State shall
H. R. 2076—39
also serve as the Inspector General of the United States Information
Agency.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),
$4,500,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,
$8,579,000.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), and the
Diplomatic Security Construction Program as authorized by title
IV of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4851), $385,760,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c): Provided, That none
of the funds appropriated in this paragraph shall be available
for acquisition of furniture and furnishings and generators for other
departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service pursuant to the requirement of 31 U.S.C. 3526(e),
$6,000,000, to remain available until expended as authorized by
22 U.S.C. 2696(c), of which not to exceed $1,000,000 may be trans-
ferred to and merged with the Repatriation Loans Program Account,
subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized by 22
U.S.C. 2671: Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $183,000 which
may be transferred to and merged with the Salaries and Expenses
account under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8 (93 Stat. 14), $15,165,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $125,402,000.
H. R. 2076—40
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$700,000,000: Provided, That any payment of arrearages shall be
directed toward special activities that are mutually agreed upon
by the United States and the respective international organization:
Provided further, That 20 percent of the funds appropriated in
this paragraph for the assessed contribution of the United States
to the United Nations shall be withheld from obligation and
expenditure until a certification is made under section 401(b) of
Public Law 103–236 for fiscal year 1996: Provided further, That
certification under section 401(b) of Public Law 103–236 for fiscal
year 1996 may only be made if the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on Appro-
priations and International Relations of the House of Representa-
tives are notified of the steps taken, and anticipated, to meet
the requirements of section 401(b) of Public Law 103–236 at least
15 days in advance of the proposed certification: Provided further,
That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external borrow-
ings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $225,000,000:
Provided, That none of the funds made available under this Act
may be used, and shall not be available, for obligation or expendi-
ture for any new or expanded United Nations peacekeeping mission
unless, at least fifteen days in advance of voting for the new
or expanded mission in the United Nations Security Council (or
in an emergency, as far in advance as is practicable), (1) the
Committees on Appropriations of the House of Representatives and
the Senate and other appropriate Committees of the Congress are
notified of the estimated cost and length of the mission, the vital
national interest that will be served, and the planned exit strategy;
and (2) a reprogramming of funds pursuant to section 605 of this
Act is submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of the
new or expanded mission: Provided further, That funds shall be
available for peacekeeping expenses only upon a certification by
the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given
opportunities to provide equipment, services and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.
H. R. 2076—41
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to funds
otherwise available for these purposes, contributions for the United
States share of general expenses of international organizations and
conferences and representation to such organizations and con-
ferences as provided for by 22 U.S.C. 2656 and 2672 and personal
services without regard to civil service and classification laws as
authorized by 5 U.S.C. 5102, $3,000,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c), of which not to exceed
$200,000 may be expended for representation as authorized by
22 U.S.C. 4085.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $6,644,000, to remain available until expended as author-
ized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182; $5,800,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,669,000: Pro-
vided, That the United States share of such expenses may be
advanced to the respective commissions, pursuant to 31 U.S.C.
3324.
H. R. 2076—42
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section
501 of Public Law 101–246, $5,000,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for arms con-
trol, nonproliferation, and disarmament activities, $35,700,000, of
which not to exceed $50,000 shall be for official reception and
representation expenses as authorized by the Act of September
26, 1961, as amended (22 U.S.C. 2551 et seq.).
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary to enable
the United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out
international communication, educational and cultural activities;
and to carry out related activities authorized by law, including
employment, without regard to civil service and classification laws,
of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by 22 U.S.C. 1471, and entertainment,
including official receptions, within the United States, not to exceed
$25,000 as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided,
That not to exceed $1,400,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further,
That not to exceed $7,615,000 to remain available until expended,
may be credited to this appropriation from fees or other payments
received from or in connection with English teaching, library, motion
pictures, and publication programs as authorized by section 810
of the United States Information and Educational Exchange Act
of 1948, as amended: Provided further, That not to exceed
$1,700,000 to remain available until expended may be used to
carry out projects involving security construction and related
improvements for agency facilities not physically located together
with Department of State facilities abroad.
TECHNOLOGY FUND
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431
et seq.), the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
H. R. 2076—43
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganiza-
tion Plan No. 2 of 1977 (91 Stat. 1636), $200,000,000, to remain
available until expended as authorized by 22 U.S.C. 2455.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–05), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 1996, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 1996, to remain available until expended.
AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND
For necessary expenses of American Studies Collections as
authorized by section 235 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, all interest and earnings accruing
to the American Studies Collections Endowment Fund on or before
September 30, 1996, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Edu-
cational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities; $325,191,000, of which $5,000,000 shall remain avail-
able until expended, not to exceed $16,000 may be used for official
receptions within the United States as authorized by 22 U.S.C.
1474(3), not to exceed $35,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085, and not to
exceed $39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition, not
to exceed $250,000 from fees as authorized by section 810 of the
United States Information and Educational Exchange Act of 1948,
H. R. 2076—44
as amended, to remain available until expended for carrying out
authorized purposes; and in addition, notwithstanding any other
provision of law, not to exceed $1,000,000 in monies received (includ-
ing receipts from advertising, if any) by or for the use of the
United States Information Agency from or in connection with broad-
casting resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, and the International
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission
and reception, and purchase and installation of necessary equipment
for radio and television transmission and reception, $24,809,000
to remain available until expended: Provided, That not later than
April 1, 1996, the headquarters of the Office of Cuba Broadcasting
shall be relocated from Washington, D.C. to south Florida, and
that any funds available under the headings ‘‘International Broad-
casting Operations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construc-
tion’’ may be available to carry out this relocation.
RADIO CONSTRUCTION
For an additional amount for the purchase, rent, construction,
and improvement of facilities for radio transmission and reception
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized by 22
U.S.C. 1471, $40,000,000, to remain available until expended as
authorized by 22 U.S.C. 1477b(a).
EAST-WEST CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the Center for Cultural
and Technical Interchange Between East and West Act of 1960
(22 U.S.C. 2054–2057), by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of
Hawaii, $11,750,000: Provided, That none of the funds appropriated
herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized
by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the North/South Center
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution
in Florida known as the North/South Center, $2,000,000, to remain
available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
H. R. 2076—45
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCIES
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized
by 5 U.S.C. 3109; and hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. Funds appropriated or otherwise made available
under this Act or any other Act may be expended for compensation
of the United States Commissioner of the International Boundary
Commission, United States and Canada, only for actual hours
worked by such Commissioner.
SEC. 404. (a) No later than 90 days after enactment of legisla-
tion consolidating, reorganizing or downsizing the functions of the
Department of State, the United States Information Agency, and
the Arms Control and Disarmament Agency, the Secretary of State,
the Director of the United States Information Agency and the
Director of the Arms Control and Disarmament Agency shall submit
to the Committees on Appropriations of the House and the Senate
a proposal for transferring or rescinding funds appropriated herein
for functions that are consolidated, reorganized or downsized under
such legislation: Provided, That such plan shall be transmitted
in accordance with section 605 of this Act.
(b) The Secretary of State, the Director of the United States
Information Agency, and the Director of the Arms Control and
Disarmament Agency, as appropriate, may use any available funds
to cover the costs of actions to consolidate, reorganize or downsize
the functions under their authority required by such legislation,
and of any related personnel action, including voluntary separation
incentives if authorized by such legislation: Provided, That the
authority to transfer funds between appropriations accounts that
may be necessary to carry out this section is provided in addition
to authorities included under section 402 of this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
SEC. 405. (a) Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States Informa-
H. R. 2076—46
tion and Educational Exchange Act of 1948 and section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, section 53 of the Arms Control and Disarmament Act, and
section 15 of the State Department Basic Authorities Act of 1956.
(b) Subsection (a) shall cease to be in effect after April 1,
1996.
SEC. 406. Section 36(a)(1) of the State Department Authorities
Act of 1956, as amended (22 U.S.C. 2708), is amended to delete
‘‘may pay a reward’’ and insert in lieu thereof ‘‘shall establish
and publicize a program under which rewards may be paid’’.
SEC. 407. Section 8 of the Eisenhower Exchange Fellowship
Act of 1990 is amended in the last sentence by striking ‘‘fiscal
year 1995’’ and inserting ‘‘fiscal year 1999’’.
SEC. 408. Sections 6(a) and 6(b) of Public Law 101–454 are
repealed.
SEC. 409. It is the sense of the Senate that none of the funds
appropriated or otherwise made available pursuant to this Act
should be used for the deployment of combat-equipped forces of
the Armed Forces of the United States for any ground operations
in Bosnia and Herzegovina unless—
(1) Congress approves in advance the deployment of such
forces of the Armed Forces; or
(2) the temporary deployment of such forces of the Armed
Forces of the United States into Bosnia and Herzegovina is
necessary to evacuate United Nations peacekeeping forces from
a situation of imminent danger, to undertake emergency air
rescue operations, or to provide for the airborne delivery of
humanitarian supplies, and the President reports as soon as
practicable to Congress after the initiation of the temporary
deployment, but in no case later than 48 hours after the initi-
ation of the deployment.
SEC. 410. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
This title may be cited as the ‘‘Department of State and Related
Agencies Appropriations Act, 1996’’.
H. R. 2076—47
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARTIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-differen-
tial subsidies as authorized by the Merchant Marine Act, 1936,
as amended, $162,610,000, to remain available until expended.
MARITIME NATIONAL SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States as determined by the Secretary of Defense in consultation
with the Secretary of Transportation, $46,000,000, to remain avail-
able until expended: Provided, That these funds will be available
only upon enactment of an authorization for this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $66,600,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Transportation may use proceeds derived from the
sale or disposal of National Defense Reserve Fleet vessels that
are currently collected and retained by the Maritime Administra-
tion, to be used for facility and ship maintenance, modernization
and repair, conversion, acquisition of equipment, and fuel costs
necessary to maintain training at the United States Merchant
Marine Academy and State maritime academies and may be trans-
ferred to the Secretary of the Interior for use as provided in the
National Maritime Heritage Act (Public Law 103–451): Provided
further, That reimbursements may be made to this appropriation
from receipts to the ‘‘Federal Ship Financing Fund’’ for administra-
tive expenses in support of that program in addition to any amount
heretofore appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act of 1936, $40,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, 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 $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,500,000, which shall
be transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
H. R. 2076—50
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses; $79,568,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms
of 31 U.S.C. 3718, as amended: Provided further, That notwithstand-
ing any other provision of law, not to exceed $48,262,000 of offset-
ting collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the General Fund shall be reduced as such offsetting collections
are received during fiscal year 1996, so as to result in a final
fiscal year 1996 appropriation from the General Fund estimated
at not more than $31,306,000, to remain available until expended:
Provided further, That any fees received in excess of $48,262,000
in fiscal year 1996 shall remain available until expended, but shall
not be available for obligation until October 1, 1996: Provided
further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102–242, 105 Stat.
2282–2285).
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
For expenses of the Japan-United States Friendship Commis-
sion, as authorized by Public Law 94–118, as amended, from the
interest earned on the Japan-United States Friendship Trust Fund,
$1,247,000; and an amount of Japanese currency not to exceed
the equivalent of $1,420,000 based on exchange rates at the time
of payment of such amounts as authorized by Public Law 94–
118.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $278,000,000, of which $265,000,000 is for basic field
programs; $7,000,000 is for the Office of the Inspector General,
of which $5,500,000 shall remain available until expended and
be used to contract with independent public accountants for finan-
cial audits of all recipients in accordance with the requirements
of section 509 of this Act; and $6,000,000 is for management and
administration: Provided, That $198,750,000 of the total amount
provided under this heading for basic field programs shall not
be available except for the competitive award of grants and contracts
under section 503 of this Act.
H. R. 2076—51
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION
SEC. 501. (a) Funds appropriated under this Act to the Legal
Services Corporation for basic field programs shall be distributed
as follows:
(1) The Corporation shall define geographic areas and make
the funds available for each geographic area on a per capita
basis relative to the number of individuals in poverty deter-
mined by the Bureau of the Census to be within the geographic
area, except as provided in paragraph (2)(B). Funds for such
a geographic area may be distributed by the Corporation to
1 or more persons or entities eligible for funding under section
1006(a)(1)(A) of the Legal Services Corporation Act (42 U.S.C.
2996e(a)(1)(A)), subject to sections 502 and 504.
(2) Funds for grants from the Corporation, and contracts
entered into by the Corporation for basic field programs, shall
be allocated so as to provide—
(A) except as provided in subparagraph (B), an equal
figure per individual in poverty for all geographic areas,
as determined on the basis of the most recent decennial
census of population conducted pursuant to section 141
of title 13, United States Code (or, in the case of the
Republic of Palau, the Federated States of Micronesia,
the Republic of the Marshall Islands, Alaska, Hawaii, and
the United States Virgin Islands, on the basis of the
adjusted population counts historically used as the basis
for such determinations); and
(B) an additional amount for Native American commu-
nities that received assistance under the Legal Services
Corporation Act for fiscal year 1995, so that the proportion
of the funds appropriated to the Legal Services Corporation
for basic field programs for fiscal year 1996 that is received
by the Native American communities shall be not less
than the proportion of such funds appropriated for fiscal
year 1995 that was received by the Native American
communities.
(b) As used in this section:
(1) The term ‘‘individual in poverty’’ means an individual
who is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to
a family of the size involved.
SEC. 502. None of the funds appropriated in this Act to the
Legal Services Corporation shall be used by the Corporation to
make a grant, or enter into a contract, for the provision of legal
assistance unless the Corporation ensures that the person or entity
receiving funding to provide such legal assistance is—
(1) a private attorney admitted to practice in a State or
the District of Columbia;
(2) a qualified nonprofit organization, chartered under the
laws of a State or the District of Columbia, that—
(A) furnishes legal assistance to eligible clients; and
H. R. 2076—52
(B) is governed by a board of directors or other govern-
ing body, the majority of which is comprised of attorneys
who—
(i) are admitted to practice in a State or the Dis-
trict of Columbia; and
(ii) are appointed to terms of office on such board
or body by the governing body of a State, county,
or municipal bar association, the membership of which
represents a majority of the attorneys practicing law
in the locality in which the organization is to provide
legal assistance;
(3) a State or local government (without regard to section
1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42
U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination agency
that serves a substate area and whose governing board is
controlled by locally elected officials.
SEC. 503. (a)(1) Not later than April 1, 1996, the Legal Services
Corporation shall implement a system of competitive awards of
grants and contracts for all basic field programs, which shall apply
to all such grants and contracts awarded by the Corporation after
March 31, 1996, from funds appropriated in this Act.
(2) Any grant or contract awarded before April 1, 1996, by
the Legal Services Corporation to a basic field program for 1996—
(A) shall not be for an amount greater than the amount
required for the period ending March 31, 1996;
(B) shall terminate at the end of such period; and
(C) shall not be renewable except in accordance with the
system implemented under paragraph (1).
(3) The amount of grants and contracts awarded before April
1, 1996, by the Legal Services Corporation for basic field programs
for 1996 in any geographic area described in section 501 shall
not exceed an amount equal to 3⁄12 of the total amount to be
distributed for such programs for 1996 in such area.
(b) Not later than 60 days after the date of enactment of
this Act, the Legal Services Corporation shall promulgate regula-
tions to implement a competitive selection process for the recipients
of such grants and contracts.
(c) Such regulations shall specify selection criteria for the recipi-
ents, which shall include—
(1) a demonstration of a full understanding of the basic
legal needs of the eligible clients to be served and a demonstra-
tion of the capability of serving the needs;
(2) the quality, feasibility, and cost effectiveness of a plan
submitted by an applicant for the delivery of legal assistance
to the eligible clients to be served; and
(3) the experience of the Legal Services Corporation with
the applicant, if the applicant has previously received financial
assistance from the Corporation, including the record of the
applicant of past compliance with Corporation policies, prac-
tices, and restrictions.
(d) Such regulations shall ensure that timely notice regarding
an opportunity to submit an application for such an award is
published in periodicals of local and State bar associations and
in at least 1 daily newspaper of general circulation in the area
to be served by the person or entity receiving the award.
H. R. 2076—53
(e) No person or entity that was previously awarded a grant
or contract by the Legal Services Corporation for the provision
of legal assistance may be given any preference in the competitive
selection process.
(f) For the purposes of the funding provided in this Act, rights
under sections 1007(a)(9) and 1011 of the Legal Services Corpora-
tion Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not
apply.
SEC. 504. (a) None of the funds appropriated in this Act to
the Legal Services Corporation may be used to provide financial
assistance to any person or entity (which may be referred to in
this section as a ‘‘recipient’’)—
(1) that makes available any funds, personnel, or equip-
ment for use in advocating or opposing any plan or proposal,
or represents any party or participates in any other way in
litigation, that is intended to or has the effect of altering,
revising, or reapportioning a legislative, judicial, or elective
district at any level of government, including influencing the
timing or manner of the taking of a census;
(2) that attempts to influence the issuance, amendment,
or revocation of any executive order, regulation, or other state-
ment of general applicability and future effect by any Federal,
State, or local agency;
(3) that attempts to influence any part of any adjudicatory
proceeding of any Federal, State, or local agency if such part
of the proceeding is designed for the formulation or modification
of any agency policy of general applicability and future effect;
(4) that attempts to influence the passage or defeat of
any legislation, constitutional amendment, referendum, initia-
tive, or any similar procedure of the Congress or a State or
local legislative body;
(5) that attempts to influence the conduct of oversight
proceedings of the Corporation or any person or entity receiving
financial assistance provided by the Corporation;
(6) that pays for any personal service, advertisement, tele-
gram, telephone communication, letter, printed or written mat-
ter, administrative expense, or related expense, associated with
an activity prohibited in this section;
(7) that initiates or participates in a class action suit;
(8) that files a complaint or otherwise initiates or partici-
pates in litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospective defend-
ant, unless—
(A) each plaintiff has been specifically identified, by
name, in any complaint filed for purposes of such litigation
or prior to the precomplaint settlement negotiation; and
(B) a statement or statements of facts written in Eng-
lish and, if necessary, in a language that the plaintiffs
understand, that enumerate the particular facts known
to the plaintiffs on which the complaint is based, have
been signed by the plaintiffs, are kept on file by the recipi-
ent, and are made available to any Federal department
or agency that is auditing or monitoring the activities
of the Corporation or of the recipient, and to any auditor
or monitor receiving Federal funds to conduct such auditing
or monitoring, including any auditor or monitor of the
Corporation: