under the State’s sentencing and release guide-
lines for such offenses.
‘‘SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
‘‘(a) ELIGIBILITY.—To be eligible to receive a grant
under this section, a State shall submit an application to
the Attorney General that provides assurances that—
‘‘(1) such State has implemented truth-in-sen-
tencing laws that require persons convicted of a part
1 violent crime to serve not less than 85 percent of
the sentence imposed (not counting time not actually
served, such as administrative or statutory incentives
for good behavior);
‘‘(2) such State has truth-in-sentencing laws
that have been enacted, but not yet implemented,
that require such State, not later than 3 years after
such State submits an application to the Attorney
General, to provide that persons convicted of a part
1 violent crime serve not less than 85 percent of the
sentence imposed; or
‘‘(3) if, in the case of a State that on the date
of enactment of the Departments of Commerce, Jus-
tice, and State, the Judiciary and Related Agencies
Appropriations Act, 1996, practices indeterminate
sentencing with regard to any part 1 violent crime,
such State demonstrates that the average time
served for part 1 violent crimes in the State equals
at least 85 percent of the sentences established for
such crimes under the State’s sentencing and release
guidelines (not counting time not actually served,
such as administrative or statutory incentives for
good behavior).
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a
State may provide that the Governor of the State may
allow for the earlier release of—
‘‘(1) a geriatric prisoner; or
‘‘(2) a prisoner whose medical condition pre-
cludes the prisoner from posing a threat to the pub-
lic, but only after a public hearing in which rep-
resentatives of the public and the prisoner’s victims
have had an opportunity to be heard regarding a
proposed release.
‘‘SEC. 20105. SPECIAL RULES.
‘‘(a) SHARING
OF FUNDS WITH COUNTIES
AND
OTHER UNITS OF LOCAL GOVERNMENT.—
‘‘(1) RESERVATION.—Each State shall reserve
not more than 15 percent of the amount of funds al-
located in a fiscal year pursuant to section 20106
for counties and units of local government to con-
struct, develop, expand, modify, or improve jails and
other correctional facilities.
‘‘(2)
FACTORS
FOR
DETERMINATION
OF
AMOUNT.—To determine the amount of funds to be
reserved under this subsection, a State shall consider
the burden placed on a county or unit of local gov-
ernment that results from the implementation of
policies adopted by the State to carry out sections
20103 and 20104.
‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to
receive a grant under section 20103 or 20104, a State
shall provide assurances to the Attorney General that the
State has implemented or will implement not later than
18 months after the date of the enactment of this subtitle
policies that provide for the recognition of the rights and
needs of crime victims.
‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith-
standing any other provision of this subtitle, if a State,
or unit of local government located in a State that other-
wise meets the requirements of sections 20103 or 20104,
certifies
to
the
Attorney
General
that
exigent
cir-
cumstances exist that require the State to expend funds
to confine juvenile offenders, the State may use funds re-
ceived under this subtitle to build or expand juvenile cor-
rectional facilities or pretrial detention facilities for juve-
nile offenders.
‘‘(d) PRIVATE FACILITIES.—A State may use funds
received under this subtitle for the privatization of facili-
ties to carry out the purposes of section 20102.
‘‘SEC. 20106. FORMULA FOR GRANTS.
‘‘In determining the amount of funds that may be
granted to each State eligible to receive a grant under sec-
tion 20103 or 20104, the Attorney General shall apply the
following formula:
‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER
SECTION 20103.—Of the amount set aside for grants
for section 20103, 0.6 percent shall be allocated to
each eligible State, except that the United States
Virgin Islands, American Samoa, Guam, and the
Commonwealths of Puerto Rico and the Northern
Mariana Islands shall each be allocated 0.05 per-
cent.
‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER
SECTION 20104.—Of the amount set aside for grants
for section 20104—
‘‘(A) if less than 20 States are awarded
grants under section 20104, 2.5 percent of the
amounts paid shall be allocated to each eligible
State, except that the United States Virgin Is-
lands, American Samoa, Guam, and the Com-
monwealths of Puerto Rico and the Northern
Mariana Islands shall each be allocated 0.05
percent; and
‘‘(B) if 20 or more States are awarded
grants under section 20104, 2.0 percent of the
amounts awarded shall be allocated to each eli-
gible State in a fiscal year for a grant under
section 20104, except that the United States
Virgin Islands, American Samoa, Guam, and
the Commonwealths of Puerto Rico and the
Northern Mariana Islands shall each be allo-
cated 0.04 percent.
‘‘(3) ADDITIONAL AMOUNTS BASED ON NUMBER
OF PART 1 VIOLENT CRIMES.—
‘‘(A)
DISTRIBUTION
OF
REMAINING
AMOUNTS.—The amounts remaining after the
application of paragraph (1) or (2) shall be al-
located to each eligible State in the ratio that
the average annual number of part 1 violent
crimes reported by such State to the Federal
Bureau of Investigation for the 3 years preced-
ing the year in which the determination is made
bears to the average annual number of part 1
violent crimes reported by all such States to the
Federal Bureau of Investigation for the 3 years
preceding the year in which the determination
is made.
‘‘(B) UNAVAILABLE
DATA.—If data re-
garding part 1 violent crimes in any State is
unavailable for the 3 years preceding the year
in which the determination is made or substan-
tially inaccurate, the Attorney General shall uti-
lize the best available comparable data regard-
ing the number of violent crimes for the pre-
vious year for the State for the purposes of allo-
cation of funds under this subtitle.
‘‘(4)
REGIONAL
COMPACTS.—In
determining
the funds that States organized as a regional com-
pact may receive, the Attorney General shall first
apply the formula in either paragraph (1) or (2) and
(3) of this section to each member State of the com-
pact. The States organized as a regional compact
may receive the sum of the amounts so determined.
‘‘SEC. 20107. ACCOUNTABILITY.
‘‘(a) FISCAL REQUIREMENTS.—A State that receives
funds under this subtitle shall use accounting, audit, and
fiscal procedures that conform to guidelines prescribed by
the Attorney General, and shall ensure that any funds
used to carry out the programs under section 20102(a)
shall represent the best value for the State governments
at the lowest possible cost and employ the best available
technology.
‘‘(b) ADMINISTRATIVE PROVISIONS.—The adminis-
trative provisions of sections 801 and 802 of the Omnibus
Crime Control and Safe Streets Act of 1968 shall apply
to the Attorney General under this subtitle in the same
manner that such provisions apply to the officials listed
in such sections.
‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATIONS.—There are authorized
to be appropriated to carry out this subtitle—
‘‘(A) $997,500,000 for fiscal year 1996;
‘‘(B) $1,330,000,000 for fiscal year 1997;
‘‘(C) $2,527,999,000 for fiscal year 1998;
‘‘(D) $2,660,000,000 for fiscal year 1999;
and
‘‘(E) $2,753,100,000 for fiscal year 2000.
‘‘(2) DISTRIBUTION.—
‘‘(A)
IN
GENERAL.—Subject
to
section
20109, and except as provided in subparagraph
(B), of the amount appropriated pursuant to
paragraph (1)—
‘‘(i) one-third of such amount shall be
allocated pursuant to section 20106 to eli-
gible states under section 20103; and
‘‘(ii) two-thirds of such amount shall
be allocated pursuant to section 20106 to
eligible states under section 20104.
‘‘(B) ADDITIONAL FUNDS.—Subject to sec-
tion 20109, if the amount appropriated pursu-
ant to paragraph (1) exceeds $750,000,000—
‘‘(i) half of such amount shall be allo-
cated pursuant to section 20106 to eligible
States under section 20103; and
‘‘(ii) half of such amount shall be allo-
cated pursuant to section 20106 to eligible
States under section 20104.
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Except as provided in
section 20111, funds made available pursuant to this
section shall be used only to carry out the purposes
described in section 20102(a).
‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds
made available pursuant to this section shall not be
used to supplant State funds, but shall be used to
increase the amount of funds that would, in the ab-
sence of Federal funds, be made available from
State sources.
‘‘(3) ADMINISTRATIVE COSTS.—Not more than
3 percent of the funds made available pursuant to
this section shall be used for administrative costs.
‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds
appropriated pursuant to this section during any fis-
cal year shall remain available until expended.
‘‘(5) MATCHING FUNDS.—The Federal share of
a grant received under this subtitle may not exceed
90 percent of the costs of a proposal as described in
an application approved under this subtitle.
‘‘SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL
LANDS.
‘‘(a) RESERVATION
OF FUNDS.—Notwithstanding
any other provision of this subtitle, from amounts appro-
priated under section 20108 to carry out sections 20103
and 20104, the Attorney General shall reserve, to carry
out this section—
‘‘(1) 0.3 percent in each of fiscal years 1996
and 1997; and
‘‘(2) 0.2 percent in each of fiscal years 1998,
1999, and 2000.
‘‘(b)
GRANTS
TO
INDIAN
TRIBES.—From
the
amounts reserved under subsection (a), the Attorney Gen-
eral may make grants to Indian tribes for the purposes
of constructing jails on tribal lands for the incarceration
of offenders subject to tribal jurisdiction.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant
under this section, an Indian tribe shall submit to the At-
torney General an application in such form and containing
such information as the Attorney General may by regula-
tion require.
‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCAR-
CERATION OF CRIMINAL ALIENS.
‘‘(a) IN GENERAL.—The Attorney General shall
make a payment to each State which is eligible under sec-
tion 242(j) of the Immigration and Nationality Act and
which meets the eligibility requirements of section 20104,
in such amount as is determined under section 242(j) and
for which payment is not made to such State for such fis-
cal year under such section.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—Not-
withstanding any other provision of this subtitle, there are
authorized to be appropriated to carry out this section
from amounts authorized under section 20108, an amount
which when added to amounts appropriated to carry out
section 242(j) of the Immigration and Nationality Act for
fiscal year 1996 equals $500,000,000 and for each of the
fiscal
years
1997
through
2000
does
not
exceed
$650,000,000.
‘‘(c) REPORT TO CONGRESS.—Not later than May
15, 1999, the Attorney General shall submit a report to
the Congress which contains the recommendation of the
Attorney General concerning the extension of the program
under this section.
‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-
FEDERAL INSTITUTIONS.
‘‘(a) IN GENERAL.—The Attorney General may make
payments to States and units of local government for the
purposes authorized in section 4013 of title 18, United
States Code.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—Not-
withstanding any other provision of this subtitle, there are
authorized to be appropriated from amounts authorized
under section 20108 for each fiscal years 1996 through
2000 such sums as may be necessary to carry out this
section.
‘‘SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
‘‘Beginning on July 1, 1996, and each July 1 there-
after, the Attorney General shall report to the Congress
on the implementation of this subtitle, including a report
on the eligibility of the States under sections 20103 and
20104, and the distribution and use of funds under this
subtitle.’’.
(b) PREFERENCE IN PAYMENTS.—Section 242(j)(4)
of
the
Immigration
and
Nationality
Act
(8
U.S.C.
1252(j)(4)) is amended by adding at the end the following:
‘‘(C) in carrying out paragraph (1)(A), the
Attorney General shall give preference in mak-
ing payments to States and political subdivi-
sions of States which are ineligible for pay-
ments under section 20110 of the Violent Crime
Control and Law Enforcement Act of 1994.’’.
(c) CONFORMING AMENDMENTS.—
(1)
OMNIBUS
CRIME
CONTROL
AND
SAFE
STREETS ACT OF 1968.—
(A) PART V.—Part V of title I of the Om-
nibus Crime Control and Safe Streets Act of
1968 is repealed.
(B) FUNDING.—
(i) Section 1001(a) of the Omnibus
Crime Control and Safe Streets Act of
1968 is amended by striking paragraph
(20).
(ii) Notwithstanding the provisions of
subparagraph (A), any funds that remain
available to an applicant under paragraph
(20) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 shall be
used in accordance with part V of such Act
as if such Act was in effect on the day pre-
ceding the date of enactment of this Act.
(2) VIOLENT CRIME CONTROL AND LAW EN-
FORCEMENT ACT OF 1994.—
(A) TABLE OF CONTENTS.—The table of
contents of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by strik-
ing the matter relating to title V.
(B)
COMPLIANCE.—Notwithstanding
the
provisions of paragraph (1), any funds that re-
main available to an applicant under title V of
the Violent Crime Control and Law Enforce-
ment Act of 1994 shall be used in accordance
with such subtitle as if such subtitle was in ef-
fect 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 strik-
ing 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. Support of Federal Prisoners in Non-Federal Institutions.
‘‘Sec. 20112. Report by the Attorney General.’’.
This title may be cited as the ‘‘Department of Justice
Appropriations 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 pas-
senger 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 available until expended:
Provided, That not to exceed $98,000 shall be available
for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation ex-
penses, $40,000,000, to remain available until expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
and engaging in trade promotional activities abroad, in-
cluding 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 be-
tween 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 improve-
ment; purchase or construction of temporary demountable
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 coun-
tries; 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; ob-
tain insurance on official motor vehicles; and rent tie lines
and teletype equipment; $264,885,000, to remain avail-
able 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 car-
rying 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 Cul-
tural 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 Com-
merce, 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; em-
ployment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improve-
ment; 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 $15,000 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of
1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor vehi-
cles for law enforcement use with special requirement vehi-
cles eligible for purchase without regard to any price limi-
tation otherwise established by law; $38,604,000, to re-
main available until expended: Provided, That the provi-
sions of the first sentence of section 105(f) and all of sec-
tion 108(c) of the Mutual Educational and Cultural Ex-
change 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 activi-
ties, and for providing information to the public with re-
spect to the export administration and national security
activities of the Department of Commerce and other ex-
port control programs of the United States and other gov-
ernments.
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 appropriated or other-
wise made available under this heading may be used di-
rectly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by
the Economic Development Administration: Provided fur-
ther, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance
for projects to be located on military installations closed
or scheduled for closure or realignment to grantees eligible
for assistance under the Public Works and Economic De-
velopment Act of 1965, as amended, without it being re-
quired 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 develop-
ment of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title
to land on military installations closed or scheduled for
closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the eco-
nomic development 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 Commu-
nity Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority
business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $32,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $45,900,000, to remain available until Sep-
tember 30, 1997.
ECONOMICS AND STATISTICS ADMINISTRATION
REVOLVING FUND
The Secretary of Commerce is authorized to dissemi-
nate economic and statistical data products as authorized
by 15 U.S.C. 1525–1527 and, notwithstanding 15 U.S.C.
4912, charge fees necessary to recover the full costs in-
curred in their production. Notwithstanding 31 U.S.C.
3302, receipts received from these data dissemination ac-
tivities shall be credited to this account, to be available
for carrying out these purposes without further appropria-
tion.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for
by law, $133,812,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statis-
tics 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 Ad-
ministration, $17,000,000, to remain available until ex-
pended:
Provided,
That
notwithstanding
U.S.C.
1535(d), the Secretary of Commerce is authorized to re-
tain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies
for spectrum management, analysis, and operations and
for all costs incurred in telecommunications research, en-
gineering, and related activities by the Institute for Tele-
communication 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 Commu-
nications Act of 1934, as amended, $15,500,000, to re-
main 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 Commu-
nications Act of 1934, as amended, $21,500,000, to re-
main 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 infrastructure: 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, pub-
lic 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 insti-
tuted against the Commissioner of Patents and Trade-
marks; $82,324,000, to remain available until expended:
Provided, That the funds made available under this head-
ing 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.
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 ‘‘Working Capital
Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership 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 trans-
ferred 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 Technology Program: Provided further, That
any unobligated balances available from carryover of prior
year appropriations under the Advanced Technology Pro-
gram may be used only for the purposes of providing con-
tinuation grants.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the Na-
tional Institute of Standards and Technology, as author-
ized 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, contracts, or other payments to non-
profit organizations for the purposes of conducting activi-
ties 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 as-
sessed, collected, and credited to this appropriation as off-
setting collections to be available until expended, to re-
cover the costs of administering aeronautical charting pro-
grams: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as such
additional 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 do-
nations received by the National Ocean Service 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, ex-
isting facilities and construction of new facilities, and for
facility planning and design and land acquisition not oth-
erwise provided for the National Oceanic and Atmospheric
Administration, $50,000,000, to remain available until ex-
pended.
FLEET MODERNIZATION, SHIPBUILDING AND
CONVERSION
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related equip-
ment to maintain and modernize the existing fleet and to
continue planning the modernization 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 collected 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 Atlantic Tunas Convention Act of 1975, as amend-
ed (Public Law 96–339), the Magnuson Fishery Conserva-
tion and Management Act of 1976, as amended (Public
Law 100–627) and the American Fisheries 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 re-
main available 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 author-
ized by the Merchant Marine Act of 1936, as amended,
$250,000: Provided, That none of the funds made avail-
able 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 administra-
tion 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
appropriations and funds made available to the Depart-
ment 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, appropria-
tions 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 activities 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 Depart-
ment of Commerce shall be available to reimburse the Un-
employment 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 appropria-
tion made available for the current fiscal year for the De-
partment of Commerce in this Act may be transferred be-
tween such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such trans-
fers: Provided, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 206. (a) Should legislation be enacted to dis-
mantle or reorganize the Department of Commerce, the
Secretary of Commerce, no later than 90 days thereafter,
shall submit to the Committees on Appropriations of the
House and the Senate a plan for transferring funds pro-
vided in this Act to the appropriate successor organiza-
tions: 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 avail-
able funds to carry out legislation dismantling or reor-
ganizing the Department of Commerce to cover the costs
of actions relating to the abolishment, reorganization or
transfer of functions and any related personnel action, in-
cluding voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be nec-
essary to carry out this section is provided in addition to
authorities included under section 205 of this Act: Pro-
vided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 207. Notwithstanding any other provision of law
(including any regulation and including the Public Works
and Economic Development Act of 1965), the transfer of
title to the Rutland City Industrial Complex to Hilinex,
Vermont (as related to Economic Development Adminis-
tration 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.
SEC. 208. (a) IN GENERAL.—The Secretary of Com-
merce, acting through the Assistant Secretary for Eco-
nomic Development of the Department of Commerce,
shall—
(1) not later than January 1, 1996, commence
the demolition 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 remedi-
ation under paragraph (1); and
(3) not later than April 1, 1996, convey the
parcel of land described in subsection (b), in accord-
ance with the requirements of section 120(h) of the
Comprehensive Environmental Response, Compensa-
tion, 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 ap-
proximately 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. 209. 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: Pro-
vided, That the authority to transfer funds between appro-
priations 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 expenditure except
in compliance with the procedures set forth in that section.
SEC. 210. None of the funds appropriated under this
Act may be used to develop new fishery management plans
or amendments which create new individual transferable
quota programs, or to implement any such plans or
amendments approved by a Regional Fishery Management
Council or the Secretary of Commerce after January 4,
1995, until offsetting fees to pay for the cost of admin-
istering such plans or amendments are expressly author-
ized under the Magnuson Fishery Conservation and Man-
agement Act (16 U.S.C. 1801 et seq.).
This title may be cited as the ‘‘Department of Com-
merce 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 Su-
preme 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 trans-
porting 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.
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 im-
posed upon him by the Act approved May 7, 1934 (40
U.S.C. 13a–13b), $3,313,000, of which $500,000 shall re-
main available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other offi-
cers 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, sala-
ries 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 (includ-
ing judges of the territorial courts of the United States),
justices and judges retired from office or from regular ac-
tive service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate 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 (in-
cluding 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 ex-
pended for furniture and furnishings related to new space
alteration
and
construction
projects;
and
of
which
$500,000 is to remain available until expended for acquisi-
tion 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 Childhood 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.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations, the compensation and
reimbursement of expenses of attorneys appointed to rep-
resent persons under the Criminal Justice Act of 1964,
as amended, the compensation and reimbursement of ex-
penses 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 eligi-
ble 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 execution
of penal sentences, and the compensation of attorneys ap-
pointed to represent jurors in civil actions for the protec-
tion of their employment, as authorized by 28 U.S.C.
1875(d), $267,217,000, to remain available until ex-
pended as authorized by 18 U.S.C. 3006A(i): Provided,
That none of the funds provided in this Act shall be avail-
able for Death Penalty Resource Centers or Post-Convic-
tion 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 commis-
sioners as authorized by 28 U.S.C. 1863; and compensa-
tion of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Pro-
cedure (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 equipment and protective services for the Unit-
ed States Courts in courtrooms and adjacent areas, in-
cluding building ingress-egress control, inspection of pack-
ages, 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 respon-
sible for administering elements of the Judicial Security
Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the Unit-
ed 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, includ-
ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
senger motor vehicle as authorized by 31 U.S.C. 1343(b),
advertising and rent in the District of Columbia and else-
where, $47,500,000, of which not to exceed $7,500 is au-
thorized for official reception and representation expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Cen-
ter, as authorized by Public Law 90–219, $17,914,000;
of which $1,800,000 shall remain available through Sep-
tember 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 representa-
tion 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 Survivors’ Annuities Fund, as authorized
by 28 U.S.C. 376(c), $7,000,000, and to the United
States Court of Federal Claims Judges’ Retirement 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 provisions of chapter 58 of title 28, United States
Code, $8,500,000, of which not to exceed $1,000 is au-
thorized 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 appropria-
tion made available for the current fiscal year for the Judi-
ciary in this Act may be transferred between such appro-
priations, but no such appropriation, except ‘‘Courts of
Appeals, District Courts, and other Judicial Services, De-
fender Services’’, shall be increased by more than 10 per-
cent 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. 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 ex-
penses 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 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 insert-
ing ‘‘may’’; and
(2) in the second paragraph—
(A) by striking ‘‘shall’’ the first place it ap-
pears and inserting ‘‘may’’; and
(B) by striking ‘‘, and unless excused by the
chief judge, shall remain throughout the con-
ference’’.
This title may be cited as ‘‘The Judiciary Appropria-
tions 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, includ-
ing 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 pas-
senger 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 sen-
tence of section 140(a)(3) of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (Public Law
103–236), not to exceed $125,000,000 of fees may be col-
lected during fiscal year 1996 under the authority of sec-
tion 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 appropria-
tions made under this heading to recover the costs of pro-
viding consular services and shall remain available until
expended: 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 Telecommuni-
cations Service and shall remain available until expended.
Of the latter amount, $9,600,000 shall not be made avail-
able 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, 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 Inter-
national 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 reimburse-
ments, surcharges, and fees for use of Blair House facili-
ties in accordance with section 46 of the State of Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to ex-
ceed 20 percent of the amounts made available in this Act
in the appropriation accounts, ‘‘Diplomatic and Consular
Programs’’ and ‘‘Salaries and Expenses’’ under the head-
ing ‘‘Administration of Foreign Affairs’’ may be trans-
ferred 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 administra-
tion of the Department of State and the Foreign Service,
provided for by law, including expenses authorized by sec-
tion 9 of the Act of August 31, 1964, as amended (31
U.S.C. 3721), and the State Department Basic Authori-
ties 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 sec-
tion 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 notwithstand-
ing any other provision of law, (1) the Office of the Inspec-
tor 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 trans-
ferred to the Office of the Inspector General of the De-
partment of State; and (3) the Inspector General of the
Department of State shall also serve as the Inspector Gen-
eral of the United States Information Agency.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by sec-
tion 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 accordance 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 Pro-
gram 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 au-
thorized 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 Diplo-
matic and Consular 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 transferred 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 modifying such loans, shall be as defined in
section 502 of the Congressional 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 Rela-
tions 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.
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, conven-
tions or specific Acts of Congress, $700,000,000: Pro-
vided, That any payment of arrearages shall be directed
toward special activities that are mutually agreed upon by
the United States and the respective international organi-
zation: Provided further, That 20 percent of the funds ap-
propriated in this paragraph for the assessed contribution
of the United States to the United Nations shall be with-
held 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 Appropriations and International Relations of the
House of Representatives 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 avail-
able 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 borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For necessary expenses to pay assessed and other ex-
penses 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 shall be obligated or ex-
pended for any new or expanded United Nations peace-
keeping 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 Appro-
priations of the House of Representatives and the Senate
and other appropriate Committees of the Congress are no-
tified 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 peace-
keeping expenses only upon a certification by the Sec-
retary of State to the appropriate committees of the Con-
gress 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.
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the
State Department Basic Authorities Act of 1956, in addi-
tion to funds otherwise available for these purposes, con-
tributions for the United States share of general expenses
of international organizations and conferences and rep-
resentation to such organizations and conferences as pro-
vided for by 22 U.S.C. 2656 and 2672 and personal serv-
ices 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 ex-
pended 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 appli-
cable to the United States Section, including not to exceed
$6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of au-
thorized projects, $6,644,000, to remain available until ex-
pended as authorized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for
the International Joint Commission and the International
Boundary Commission, United States and Canada, as au-
thorized by treaties between the United States and Can-
ada 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
International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $14,669,000: Provided, That the United States share
of such expenses may be advanced to the respective com-
missions, pursuant to 31 U.S.C. 3324.
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 control, nonproliferation, and disarmament activi-
ties, $32,700,000, of which not to exceed $50,000 shall
be for official reception and representation expenses as au-
thorized 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 au-
thorized by the Mutual Educational and Cultural Ex-
change 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 au-
thorized by law, including employment, without regard to
civil service and classification laws, of persons on a tem-
porary basis (not to exceed $700,000 of this appropria-
tion), as authorized by 22 U.S.C. 1471, and entertain-
ment, 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 au-
thorized 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 phys-
ically 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 in-
formation 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
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re-
main 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 Reorganization Plan No. 2 of 1977 (91
Stat. 1636), $200,000,000, to remain available until ex-
pended as authorized by 22 U.S.C. 2455.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange Fel-
lowships, Incorporated, as authorized by sections 4 and
5 of the Eisenhower Exchange Fellowship Act of 1990 (20
U.S.C. 5204–05), all interest and earnings accruing to the
Eisenhower Exchange Fellowship Program Trust Fund on
or before September 30, 1996, to remain available until
expended: Provided, That none of the funds appropriated
herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the pay-
ment thereof, in excess of the rate authorized by 5 U.S.C.
5376; or for purposes which are not in accordance with
OMB Circulars A–110 (Uniform Administrative Require-
ments) and A–122 (Cost Principles for Non-profit Organi-
zations), including the restrictions on compensation for
personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholar-
ship 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 Collec-
tions as authorized by section 235 of the Foreign Rela-
tions 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 Educational Exchange Act of 1948, as
amended, the United States International Broadcasting
Act of 1994, as amended, and Reorganization Plan No.
2 of 1977, to carry out international communication ac-
tivities; $325,191,000, of which $5,000,000 shall remain
available until expended, not to exceed $16,000 may be
used for official receptions within the United States as au-
thorized 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 Ex-
change Act of 1948, as amended, to remain available until
expended for carrying out authorized purposes; and in ad-
dition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts
from advertising, if any) by or for the use of the United
States Information Agency from or in connection with
broadcasting resources owned by or on behalf of the Agen-
cy, to be available until expended for carrying out author-
ized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting
to Cuba Act, as amended, the Television Broadcasting to
Cuba Act, and the International Broadcasting Act of
1994, including the purchase, rent, construction, and im-
provement of facilities for radio and television trans-
mission and reception, and purchase and installation of
necessary equipment for radio and television transmission
and reception, $24,809,000 to remain available until ex-
pended: 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 ‘‘Inter-
national
Broadcasting
Operations’’,
‘‘Broadcasting
to
Cuba’’, and ‘‘Radio Construction’’ may be available to
carry out this relocation.
RADIO CONSTRUCTION
For an additional amount for the purchase, rent, con-
struction, and improvement of facilities for radio trans-
mission and reception and purchase and installation of
necessary equipment for radio and television transmission
and
reception
as
authorized
by
U.S.C.
1471,
$40,000,000, to remain available until expended as au-
thorized by 22 U.S.C. 1477b(a).
EAST-WEST CENTER
To enable the Director of the United States Informa-
tion Agency to provide for carrying out the provisions of
the Center for Cultural and Technical Interchange Be-
tween East and West Act of 1960 (22 U.S.C. 2054–2057),
by grant to the Center for Cultural and Technical Inter-
change Between East and West in the State of Hawaii,
$11,750,000: Provided, That none of the funds appro-
priated 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 Informa-
tion Agency to provide for carrying out the provisions of
the North/South Center Act of 1991 (22 U.S.C. 2075),
by grant to an educational institution in Florida known
as the North/South Center, $2,000,000, to remain avail-
able until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information
Agency to the National Endowment for Democracy as au-
thorized by the National Endowment for Democracy Act,
$30,000,000, to remain available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE 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 appropria-
tion made available for the current fiscal year for the De-
partment 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
appropriations, but no such appropriation, except as oth-
erwise 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 expenditure
except in compliance with the procedures set forth in that
section.
SEC. 403. Funds appropriated or otherwise made
available under this Act or any other Act may be expended
for compensation of the United States Commissioner of
the International Boundary Commission, United States
and Canada, only for actual hours worked by such Com-
missioner.
SEC. 404. (a) No later than 90 days after enactment
of legislation consolidating, reorganizing or downsizing the
functions of the Department of State, the United States
Information Agency, and the Arms Control and Disar-
mament Agency, the Secretary of State, the Director of
the United States Information Agency and the Director
of the Arms Control and Disarmament Agency shall sub-
mit to the Committees on Appropriations of the House
and the Senate a proposal for transferring or rescinding
funds appropriated herein for functions that are consoli-
dated, reorganized or downsized under such legislation:
Provided, That such plan shall be transmitted in accord-
ance 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 ac-
counts 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 Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Au-
thorization 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. Sections 6(a) and 6(b) of Public Law 101–
454 are repealed. In addition, notwithstanding any other
provision of law, Eisenhower Exchange Fellowships, Incor-
porated, may use one-third of any earned but unused trust
income from the period 1992 through 1995 for Fellowship
purposes in each of fiscal years 1996 through 1998.
SEC. 408. It is the sense of the Senate that none of
the funds appropriated or otherwise made available pursu-
ant to this Act should be used for the deployment of com-
bat-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 im-
minent 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 initiation of the deployment.
SEC. 409. 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: Pro-
vided, That the authority to transfer funds between appro-
priations 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 expenditure 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’’.
100
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operat-
ing-differential 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 Transpor-
tation, $46,000,000, to remain available until expended:
Provided, That these funds will be available only upon en-
actment of an authorization for this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $66,600,000, to remain avail-
able until expended: Provided, That notwithstanding any
other provision of law, the Secretary of Transportation
may use proceeds derived from the sale or disposal of Na-
tional Defense Reserve Fleet vessels that are currently col-
lected and retained by the Maritime Administration, to be
used for facility and ship maintenance, modernization and
101
repair, conversion, acquisition of equipment, and fuel costs
necessary to maintain training at the United States Mer-
chant Marine Academy and State maritime academies and
may be transferred to the Secretary of the Interior for
use as provided in the National Maritime Heritage Act
(Public Law 103–451): Provided further, That reimburse-
ments may be made to this appropriation from receipts
to the ‘‘Federal Ship Financing Fund’’ for administrative
expenses in support of that program in addition to any
amount heretofore 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, in-
cluding the cost of modifying such loans, shall be as de-
fined 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 appro-
priation for Operations and Training.
103
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $206,000, as authorized by
Public Law 99–83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights,
including
hire
of
passenger
motor
vehicles,
$8,750,000: Provided, That not to exceed $50,000 may
be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be
used to employ in excess of four full-time individuals under
Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That
none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75
billable days, with the exception of the Chairperson who
is permitted 125 billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immi-
gration Reform pursuant to section 141(f) of the Immi-
104
gration Act of 1990, $1,894,000, to remain available until
expended.
COMMISSION ON SECURITY AND COOPERATION IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Secu-
rity and Cooperation in Europe, as authorized by Public
Law 94–304, $1,090,000, to remain available until ex-
pended as authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment
Opportunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
and 621–634), the Americans with Disabilities Act of
1990 and the Civil Rights Act of 1991, including services
as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
awards to private citizens; not to exceed $26,500,000, for
payments to State and local enforcement agencies for serv-
ices to the Commission pursuant to title VII of the Civil
Rights Act of 1964, as amended, sections 6 and 14 of the
Age Discrimination in Employment Act, the Americans
with Disabilities Act of 1990, and the Civil Rights Act
of 1991; $233,000,000: Provided, That the Commission
105
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from avail-
able funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communica-
tions Commission, as authorized by law, including uni-
forms and allowances therefor, as authorized by 5 U.S.C.
5901–02; not to exceed $600,000 for land and structure;
not to exceed $500,000 for improvement and care of
grounds and repair to buildings; not to exceed $4,000 for
official reception and representation expenses; purchase
(not to exceed sixteen) and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109;
$175,709,000, of which not to exceed $300,000 shall re-
main available until September 30, 1997, for research and
policy studies: Provided, That $116,400,000 of offsetting
collections shall be assessed and collected pursuant to sec-
tion 9 of title I of the Communications Act of 1934, as
amended, and shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated shall be reduced as such offsetting collections
are received during fiscal year 1996 so as to result in a
final
fiscal
year
1996
appropriation
estimated
at
106
$59,309,000: Provided further, That any offsetting collec-
tions received in excess of $116,400,000 in fiscal year
1996 shall remain available until expended, but shall not
be available for obligation until October 1, 1996.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime
Commission as authorized by section 201(d) of the Mer-
chant Marine Act of 1936, as amended (46 App. U.S.C.
1111), including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,
That not to exceed $2,000 shall be available for official
reception and representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
thorized by 5 U.S.C. 5901–5902; services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles; and
not to exceed $2,000 for official reception and representa-
tion expenses; $79,568,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a per-
son or persons for collection services in accordance with
107
the terms of 31 U.S.C. 3718, as amended: Provided fur-
ther, That notwithstanding any other provision of law, not
to exceed $48,262,000 of offsetting 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 nec-
essary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be re-
duced as such offsetting collections are received during fis-
cal 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 ex-
pended: 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).
108
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
For expenses of the Japan-United States Friendship
Commission, as authorized by Public Law 94–118, as
amended, from the interest earned on the Japan-United
States Friendship Trust Fund, $1,247,000; and an
amount of Japanese currency not to exceed the equivalent
of $1,420,000 based on exchange rates at the time of pay-
ment 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
$266,000,000 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
financial audits of all recipients in accordance with the
requirements of section 509 of this Act; and $5,000,000
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 ex-
109
cept for the competitive award of grants and contracts
under section 503 of this Act.
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 geo-
graphic area on a per capita basis relative to the
number of individuals in poverty determined by the
Bureau of the Census to be within the geographic
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
111
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of
the size involved.
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 en-
sures that the person or entity receiving funding to pro-
vide 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 Colum-
bia, that—
(A) furnishes legal assistance to eligible
clients; and
(B) is governed by a board of directors or
other governing body, the majority of which is
comprised of attorneys who—
(i) are admitted to practice in a State
or the District of Columbia; and
(ii) are appointed to terms of office on
such board or body by the governing body
of a State, county, or municipal bar asso-
112
ciation,
the
membership
of
which
rep-
resents a majority of the attorneys practic-
ing law in the locality in which the organi-
zation 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 gov-
erning 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
113
(C) shall not be renewable except in accordance
with the system implemented under paragraph (1).
(3) The amount of grants and contracts awarded be-
fore April 1, 1996, by the Legal Services Corporation for
basic field programs for 1996 in any geographic area de-
scribed in section 501 shall not exceed an amount equal
to 3⁄12 of the total amount to be distributed for such pro-
grams for 1996 in such area.
(b) Not later than 60 days after the date of enact-
ment of this Act, the Legal Services Corporation shall pro-
mulgate regulations to implement a competitive selection
process for the recipients of such grants and contracts.
(c) Such regulations shall specify selection criteria for
the recipients, which shall include—
(1) a demonstration of a full understanding of
the basic legal needs of the eligible clients to be
served and a demonstration of the capability of serv-
ing the needs;
(2) the quality, feasibility, and cost effective-
ness of a plan submitted by an applicant for the de-
livery of legal assistance to the eligible clients to be
served; and
(3) the experience of the Legal Services Cor-
poration with the applicant, if the applicant has pre-
viously received financial assistance from the Cor-
114
poration, including the record of the applicant of
past compliance with Corporation policies, practices,
and restrictions.
(d) Such regulations shall ensure that timely notice
regarding an opportunity to submit an application for
such an award is published in periodicals of local and
State bar associations and in at least 1 daily newspaper
of general circulation in the area to be served by the per-
son or entity receiving the award.
(e) No person or entity that was previously awarded
a grant or contract by the Legal Services Corporation for
the provision of legal assistance may be given any pref-
erence in the competitive selection process.
(f) For the purposes of the funding provided in this
Act, rights under sections 1007(a)(9) and 1011 of the
Legal Services Corporation 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 pro-
vide financial assistance to any person or entity (which
may be referred to in this section as a ‘‘recipient’’)—
(1) that makes available any funds, personnel,
or equipment for use in advocating or opposing any
plan or proposal, or represents any party or partici-
pates in any other way in litigation, that is intended
115
to or has the effect of altering, revising, or reappor-
tioning a legislative, judicial, or elective district at
any level of government, including influencing the
timing or manner of the taking of a census;
(2) that attempts to influence the issuance,
amendment, or revocation of any executive order,
regulation, or other statement of general applicabil-
ity 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 de-
signed for the formulation or modification of any
agency policy of general applicability and future ef-
fect;
(4) that attempts to influence the passage or
defeat of any legislation, constitutional amendment,
referendum, initiative, 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 per-
son or entity receiving financial assistance provided
by the Corporation;
(6) that pays for any personal service, adver-
tisement, telegram, telephone communication, letter,
116
printed or written matter, administrative expense, or
related expense, associated with an activity prohib-
ited in this section;
(7) that initiates or participates in a class ac-
tion suit;
(8) that files a complaint or otherwise initiates
or participates in litigation against a defendant, or
engages in a precomplaint settlement negotiation
with a prospective defendant, 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 English and, if necessary, in a lan-
guage that the plaintiffs understand, that enu-
merate the particular facts known to the plain-
tiffs on which the complaint is based, have been
signed by the plaintiffs, are kept on file by the
recipient, and are made available to any Fed-
eral 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 audit-
117
ing or monitoring, including any auditor or
monitor of the Corporation:
Provided, That upon establishment of reasonable
cause that an injunction is necessary to prevent
probable, serious harm to such potential plaintiff, a
court of competent jurisdiction may enjoin the dis-
closure of the identity of any potential plaintiff
pending the outcome of such litigation or negotia-
tions after notice and an opportunity for a hearing
is provided to potential parties to the litigation or
the negotiations: Provided further, That other parties
to the litigation or negotiation shall have access to
the statement of facts referred to in subparagraph
(B) only through the discovery process after litiga-
tion has begun;
(9) unless—
(A) prior to the provision of financial as-
sistance—
(i) if the person or entity is a non-
profit organization, the governing board of
the person or entity has set specific prior-
ities
in
writing,
pursuant
to
section
1007(a)(2)(C)(i)
of
the
Legal
Services
Corporation
Act
(42
U.S.C.
2996f(a)(2)(C)(i)), of the types of matters
118
and cases to which the staff of the non-
profit organization shall devote time and
resources; and
(ii) the staff of such person or entity
has signed a written agreement not to un-
dertake cases or matters other than in ac-
cordance with the specific priorities set by
such governing board, except in emergency
situations defined by such board and in ac-
cordance with the written procedures of
such board for such situations; and
(B) the staff of such person or entity pro-
vides to the governing board on a quarterly
basis, and to the Corporation on an annual
basis, information on all cases or matters un-
dertaken other than cases or matters under-
taken in accordance with such priorities;
(10) unless—
(A) prior to receiving the financial assist-
ance, such person or entity agrees to maintain
records of time spent on each case or matter
with respect to which the person or entity is en-
gaged;
(B) any funds, including Interest on Law-
yers Trust Account funds, received from a
119
source other than the Corporation by the per-
son or entity, and disbursements of such funds,
are accounted for and reported as receipts and
disbursements, respectively, separate and dis-
tinct from Corporation funds; and
(C) the person or entity agrees (notwith-
standing section 1009(d) of the Legal Services
Corporation Act (42 U.S.C. 2996h(d)) to make
the records described in this paragraph avail-
able to any Federal department or agency that
is auditing or monitoring the activities of the
Corporation or of the recipient, and to any
independent auditor or monitor receiving Fed-
eral funds to conduct such auditing or monitor-
ing, including any auditor or monitor of the
Corporation;
(11) that provides legal assistance for or on be-
half of any alien, unless the alien is present in the
United States and is—
(A) an alien lawfully admitted for perma-
nent residence as defined in section 101(a)(20)
of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20));
(B) an alien who—
120
(i) is married to a United States citi-
zen or is a parent or an unmarried child
under the age of 21 years of such a citizen;
and
(ii) has filed an application to adjust
the status of the alien to the status of a
lawful permanent resident under the Immi-
gration and Nationality Act (8 U.S.C.
1101 et seq.), which application has not
been rejected;
(C) an alien who is lawfully present in the
United States pursuant to an admission under
section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) (relating to refugee admis-
sion) or who has been granted asylum by the
Attorney General under such Act;
(D) an alien who is lawfully present in the
United States as a result of withholding of de-
portation by the Attorney General pursuant to
section 243(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the
Immigration Reform and Control Act of 1986
(8 U.S.C. 1101 note) applies, but only to the
121
extent that the legal assistance provided is the
legal assistance described in such section; or
(F) an alien who is lawfully present in the
United States as a result of being granted con-
ditional entry to the United States before April
1, 1980, pursuant to section 203(a)(7) of the
Immigration and Nationality Act (8 U.S.C.
1153(a)(7)), as in effect on March 31, 1980,
because of persecution or fear of persecution on
account of race, religion, or political calamity;
(12) that supports or conducts a training pro-
gram for the purpose of advocating a particular pub-
lic policy or encouraging a political activity, a labor
or antilabor activity, a boycott, picketing, a strike,
or a demonstration, including the dissemination of
information about such a policy or activity, except
that this paragraph shall not be construed to pro-
hibit the provision of training to an attorney or a
paralegal to prepare the attorney or paralegal to
provide—
(A) adequate legal assistance to eligible cli-
ents; or
(B) advice to any eligible client as to the
legal rights of the client;
122
(13) that claims (or whose employee claims), or
collects and retains, attorneys’ fees pursuant to any
Federal or State law permitting or requiring the
awarding of such fees;
(14) that participates in any litigation with re-
spect to abortion;
(15) that participates in any litigation on behalf
of a person incarcerated in a Federal, State, or local
prison;
(16) that initiates legal representation or par-
ticipates in any other way, in litigation, lobbying, or
rulemaking, involving an effort to reform a Federal
or State welfare system, except that this paragraph
shall not be construed to preclude a recipient from
representing an individual eligible client who is seek-
ing specific relief from a welfare agency if such relief
does not involve an effort to amend or otherwise
challenge existing law in effect on the date of the
initiation of the representation;
(17) that defends a person in a proceeding to
evict the person from a public housing project if—
(A) the person has been charged with the
illegal sale or distribution of a controlled sub-
stance; and
123
(B) the eviction proceeding is brought by a
public housing agency because the illegal drug
activity of the person threatens the health or
safety of another tenant residing in the public
housing project or employee of the public hous-
ing agency;
(18) unless such person or entity agrees that
the person or entity, and the employees of the per-
son or entity, will not accept employment resulting
from in-person unsolicited advice to a nonattorney
that such nonattorney should obtain counsel or take
legal action, and will not refer such nonattorney to
another person or entity or an employee of the per-
son or entity, that is receiving financial assistance
provided by the Corporation; or
(19) unless such person or entity enters into a
contractual agreement to be subject to all provisions
of Federal law relating to the proper use of Federal
funds, the violation of which shall render any grant
or contractual agreement to provide funding null
and void, and, for such purposes, the Corporation
shall be considered to be a Federal agency and all
funds provided by the Corporation shall be consid-
ered to be Federal funds provided by grant or con-
tract.
124
(b) Nothing in this section shall be construed to pro-
hibit a recipient from using funds from a source other
than the Legal Services Corporation for the purpose of
contacting, communicating with, or responding to a re-
quest from, a State or local government agency, a State
or local legislative body or committee, or a member there-
of, regarding funding for the recipient, including a pend-
ing or proposed legislative or agency proposal to fund such
recipient.
(c) Not later than 30 days after the date of enact-
ment of this Act, the Legal Services Corporation shall pro-
mulgate a suggested list of priorities that boards of direc-
tors may use in setting priorities under subsection (a)(9).
(d)(1) The Legal Services Corporation shall not ac-
cept any non-Federal funds, and no recipient shall accept
funds from any source other than the Corporation, unless
the Corporation or the recipient, as the case may be, noti-
fies in writing the source of the funds that the funds may
not be expended for any purpose prohibited by the Legal
Services Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient
from—
(A) receiving Indian tribal funds (including
funds from private nonprofit organizations for the
benefit of Indians or Indian tribes) and expending
125
the tribal funds in accordance with the specific pur-
poses for which the tribal funds are provided; or
(B) using funds received from a source other
than the Legal Services Corporation to provide legal
assistance to a covered individual if such funds are
used for the specific purposes for which such funds
were received, except that such funds may not be ex-
pended by recipients for any purpose prohibited by
this Act or by the Legal Services Corporation Act.
(e) As used in this section:
(1) The term ‘‘controlled substance’’ has the
meaning given the term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
(2) The term ‘‘covered individual’’ means any
person who—
(A) except as provided in subparagraph
(B), meets the requirements of this Act and the
Legal Services Corporation Act relating to eligi-
bility for legal assistance; and
(B) may or may not be financially unable
to afford legal assistance.
(3) The term ‘‘public housing project’’ has the
meaning as used within, and the term ‘‘public hous-
ing agency’’ has the meaning given the term, in sec-
126
tion 3 of the United States Housing Act of 1937 (42
U.S.C. 1437a).
SEC. 505. None of the funds appropriated in this Act
to the Legal Services Corporation or provided by the Cor-
poration to any entity or person may be used to pay mem-
bership dues to any private or nonprofit organization.
SEC. 506. None of the funds appropriated in this Act
to the Legal Services Corporation may be used by any per-
son or entity receiving financial assistance from the Cor-
poration to file or pursue a lawsuit against the Corpora-
tion.
SEC. 507. None of the funds appropriated in this Act
to the Legal Services Corporation may be used for any
purpose prohibited or contrary to any of the provisions
of authorization legislation for fiscal year 1996 for the
Legal Services Corporation that is enacted into law. Upon
the enactment of such Legal Services Corporation reau-
thorization legislation, funding provided in this Act shall
from that date be subject to the provisions of that legisla-
tion and any provisions in this Act that are inconsistent
with that legislation shall no longer have effect.
SEC. 508. (a) The requirements of section 504 shall
apply to the activities of a recipient described in section
504, or an employee of such a recipient, during the provi-
sion of legal assistance for a case or matter, if the recipi-
127
ent or employee begins to provide the legal assistance on
or after the date of enactment of this Act.
(b) If the recipient or employee began to provide legal
assistance for the case or matter prior to the date of enact-
ment of this Act—
(1) each of the requirements of section 504
(other than paragraphs (7), (11), and (15) of sub-
section (a) of such section) shall, beginning on the
date of enactment of this Act, apply to the activities
of the recipient or employee during the provision of
legal assistance for the case or matter; and
(2) the requirements of paragraphs (7), (11),
and (15) of section 504(a) shall apply—
(A) beginning on the date of enactment of
this Act, to the activities of the recipient or em-
ployee during the provision of legal assistance
for any additional related claim for which the
recipient or employee begins to provide legal as-
sistance on or after such date; and
(B) beginning July 1, 1996, to all other
activities of the recipient or employee during
the provision of legal assistance for the case or
matter.
(c) The Legal Services Corporation shall, every 60
days, submit to the Committees on Appropriations of the
128
Senate and House of Representatives a report setting
forth the status of cases and matters referred to in sub-
section (b)(2).
SEC. 509. (a) An audit of each person or entity re-
ceiving financial assistance from the Legal Services Cor-
poration under this Act (referred to in this section as a
‘‘recipient’’) shall be conducted in accordance with gen-
erally accepted government auditing standards and shall
report whether—
(1) the financial statements of the recipient
present fairly its financial position and the results of
its financial operations in accordance with generally
accepted accounting principles;
(2) the recipient has internal control systems to
provide reasonable assurance that it is managing
funds, regardless of source, in compliance with Fed-
eral laws and regulations; and
(3) the recipient has complied with Federal
laws and regulations applicable to funds received, re-
gardless of source.
(b) In carrying out the requirements of subsection
(a)(3), the auditor shall select and test a representative
number of transactions. Any noncompliance found by the
auditor during the audit under this section shall be re-
129
ported within 30 days to the Office of the Inspector Gen-
eral.
(c) Audits conducted in accordance with this section
shall be in lieu of the financial audits otherwise required
by section 1009(c) of the Legal Services Corporation Act
(42 U.S.C. 2996h(c)).
(d) Notwithstanding section 1006(b)(3) of the Legal
Services Corporation Act (42 U.S.C. 2996e(b)(3)), the
Legal Services Corporation shall have access to financial
records, time records, retainer agreements, client trust
fund and eligibility records, and client names, for each re-
cipient, except for reports or records subject to the attor-
ney-client privilege.
(e) The Legal Services Corporation shall not disclose
any name or document referred to in subsection (d), ex-
cept to—
(1) a Federal, State, or local law enforcement
official; or
(2) an official of an appropriate bar association
for the purpose of enabling the official to conduct an
investigation of a rule of professional conduct.
(f) The requirements of this section shall apply to a
recipient for its first fiscal year beginning on or after Jan-
uary 1, 1996.
130
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,190,000.
MARTIN LUTHER KING, JR. FEDERAL HOLIDAY
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Martin Luther King,
Jr. Federal Holiday Commission, as authorized by Public
Law 98–399, as amended, $350,000: Provided, That this
shall be the final Federal payment to the Martin Luther
King, Jr. Federal Holiday Commission for operations and
necessary closing costs.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Ex-
change Commission, including services as authorized by
5 U.S.C. 3109, the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representa-
tion expenses, $287,738,000, of which $3,000,000 is for
the Office of Economic Analysis, to be headed by the Chief
Economist of the Commission, and of which not to exceed
$10,000 may be used toward funding a permanent sec-
131
retariat for the International Organization of Securities
Commissions, and of which not to exceed $100,000 shall
be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters, de-
velopment and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities mar-
kets, such expenses to include necessary logistic and ad-
ministrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions and meetings including: (i) such incidental expenses
as meals taken in the course of such attendance, (ii) any
travel and transportation to or from such meetings, and
(iii) any other related lodging or subsistence: Provided,
That immediately upon enactment of this Act, the rate
of fees under section 6(b) of the Securities Act of 1933
(15 U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-twenty-ninth of one percentum, and
such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended,
to recover costs of services of the securities registration
process: Provided further, That the total amount appro-
132
priated for fiscal year 1996 under this heading shall be
reduced as such fees are deposited to this appropriation
so as to result in a final total fiscal year 1996 appropria-
tion from the General Fund estimated at not more than
$103,445,000: Provided further, That any such fees col-
lected in excess of $184,293,000 shall remain available
until expended but shall not be available for obligation
until October 1, 1996: Provided further, That $1,000,000
of the funds appropriated for the Commission shall be
available for the enforcement of the Investment Advisers
Act of 1940 in addition to any other appropriated funds
designated by the Commission for enforcement of such
Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the Small Business Administration as authorized by
Public Law 103–403, including hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344, and
not to exceed $3,500 for official reception and representa-
tion expenses, $219,190,000: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Small Business Administration,
and certain loan servicing activities: Provided further,
That notwithstanding 31 U.S.C. 3302, revenues received
133
from all such activities shall be credited to this account,
to be available for carrying out these purposes without fur-
ther appropriations.
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), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the
cost of guaranteed loans, $156,226,000, as authorized by
15 U.S.C. 631 note, of which $1,216,000, to be available
until expended, shall be for the Microloan Guarantee Pro-
gram, and of which $40,510,000 shall remain available
until September 30, 1997: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That during fiscal year 1996, com-
mitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, as amended, shall
not exceed the amount of financings authorized under sec-
tion 20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $92,622,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
134
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $34,432,000, to
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.
In addition, for administrative expenses to carry out
the direct loan program, $71,578,000, which may be
transferred to and merged with the appropriations for Sal-
aries and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $2,530,000, to remain avail-
able without fiscal year limitation as authorized by 15
U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 510. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the
Small Business Administration in this Act may be trans-
ferred between such appropriations, but no such appro-
priation 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
135
funds under section 605 of this Act and shall not be avail-
able for obligation or expenditure except in compliance
with the procedures set forth in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by The State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–
4516)), $5,000,000 to remain available until expended:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
136
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected thereby.
SEC. 605 (a) None of the funds provided under this
Act, or provided under previous Appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1996, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agen-
137
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1996, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for
activities,
programs,
or
projects
through
a
reprogramming of funds in excess of $500,000 or 10 per-
cent, whichever is less, that (1) augments existing pro-
grams, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Con-
gress; or (3) results from any general savings from a re-
duction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both
Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Ad-
ministration in shipyards located outside of the United
States.
SEC.
607.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
138
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Com-
mission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by
the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay for any cost incurred for (1) opening or
operating any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was not operat-
ing on July 11, 1995; (2) expanding any United States
diplomatic or consular post in the Socialist Republic of
139
Vietnam that was operating on July 11, 1995; or (3) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic of Vietnam above the levels existing on July 11, 1995,
unless the President certifies within 60 days, based upon
all information available to the United States Government
that the Government of the Socialist Republic of Vietnam
is fully cooperating with the United States in the following
four areas:
(1) Resolving discrepancy cases, live sightings
and field activities,
(2) Recovering and repatriating American re-
mains,
(3) Accelerating efforts to provide documents
that will help lead to fullest possible accounting of
POW/MIA’s,
(4) Providing further assistance in implement-
ing trilateral investigations with Laos.
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking
when it is made known to the Federal official having au-
thority to obligate or expend such funds (1) that the Unit-
ed Nations undertaking is a peacekeeping mission, (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
140
eign national, and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo,
karate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates,
or heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion under the heading ‘‘Fleet Modernization, Shipbuild-
141
ing and Conversion’’ may be used to implement sections
603, 604, and 605 of Public Law 102–567.
SEC. 613. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any
other program of United States Government television
broadcasts to Cuba, when it is made known to the Federal
official having authority to obligate or expend such funds
that such use would be inconsistent with the applicable
provisions of the March 1995 Office of Cuba Broadcasting
Reinventing Plan of the United States Information Agen-
cy.
SEC. 614. (a)(1) Section 5002 of title 18, United
States Code, is repealed.
(2) The table of sections for chapter 401 of title 18,
United States Code, is amended by striking out the item
relating to the Advisory Corrections Council.
(b) This section shall take effect 30 days after the
date of the enactment of this Act.
SEC. 615. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropria-
142
tions accounts as may be necessary to carry out this provi-
sion is provided in addition to authorities included else-
where 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 expenditure except in compli-
ance with the procedures set forth in that section.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this
heading, $65,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this
heading, $60,000,000 are rescinded.
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this
heading, $7,400,000 are rescinded.
143
TITLE VIII—PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Re-
form Act of 1995’’.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE
RELIEF.—(A) Prospective
relief in any civil action with respect to prison condi-
tions shall extend no further than necessary to cor-
rect the violation of the Federal right of a particular
plaintiff or plaintiffs. The court shall not grant or
approve any prospective relief unless the court finds
that such relief is narrowly drawn, extends no fur-
ther than necessary to correct the violation of the
Federal right, and is the least intrusive means nec-
essary to correct the violation of the Federal right.
The court shall give substantial weight to any ad-
verse impact on public safety or the operation of a
criminal justice system caused by the relief.
144
‘‘(B) The court shall not order any prospective
relief that requires or permits a government official
to exceed his or her authority under State or local
law or otherwise violates State or local law, unless—
‘‘(i) Federal law permits such relief to be
ordered in violation of State or local law;
‘‘(ii) the relief is necessary to correct the
violation of a Federal right; and
‘‘(iii) no other relief will correct the viola-
tion of the Federal right.
‘‘(C) Nothing in this section shall be construed
to authorize the courts, in exercising their remedial
powers, to order the construction of prisons or the
raising of taxes, or to repeal or detract from other-
wise applicable limitations on the remedial powers of
the courts.
‘‘(2) PRELIMINARY
INJUNCTIVE
RELIEF.—In
any civil action with respect to prison conditions, to
the extent otherwise authorized by law, the court
may enter a temporary restraining order or an order
for preliminary injunctive relief. Preliminary injunc-
tive relief must be narrowly drawn, extend no fur-
ther than necessary to correct the harm the court
finds requires preliminary relief, and be the least in-
trusive means necessary to correct that harm. The
145
court shall give substantial weight to any adverse
impact on public safety or the operation of a crimi-
nal justice system caused by the preliminary relief
and shall respect the principles of comity set out in
paragraph (1)(B) in tailoring any preliminary relief.
Preliminary injunctive relief shall automatically ex-
pire on the date that is 90 days after its entry, un-
less the court makes the findings required under
subsection (a)(1) for the entry of prospective relief
and makes the order final before the expiration of
the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any
civil action with respect to prison conditions, no pris-
oner release order shall be entered unless—
‘‘(i) a court has previously entered an
order for less intrusive relief that has failed to
remedy the deprivation of the Federal right
sought to be remedied through the prisoner re-
lease order; and
‘‘(ii) the defendant has had a reasonable
amount of time to comply with the previous
court orders.
‘‘(B) In any civil action in Federal court with
respect to prison conditions, a prisoner release order
shall be entered only by a three-judge court in ac-
146
cordance with section 2284 of title 28, if the require-
ments of subparagraph (E) have been met.
‘‘(C) A party seeking a prisoner release order in
Federal court shall file with any request for such re-
lief, a request for a three-judge court and materials
sufficient to demonstrate that the requirements of
subparagraph (A) have been met.
‘‘(D) If the requirements under subparagraph
(A) have been met, a Federal judge before whom a
civil action with respect to prison conditions is pend-
ing who believes that a prison release order should
be considered may sua sponte request the convening
of a three-judge court to determine whether a pris-
oner release order should be entered.
‘‘(E) The three-judge court shall enter a pris-
oner release order only if the court finds by clear
and convincing evidence that—
‘‘(i) crowding is the primary cause of the
violation of a Federal right; and
‘‘(ii) no other relief will remedy the viola-
tion of the Federal right.
‘‘(F) Any State or local official or unit of gov-
ernment whose jurisdiction or function includes the
appropriation of funds for the construction, oper-
ation, or maintenance of program facilities, or the
586
(2) No appropriation account within the Depart-
ment of Justice shall have its allocation of funds con-
trolled by other than an apportionment issued by the
Office of Management and Budget or an allotment
advice issued by the Department of Justice.
SEC. 111. (a) Section 1930(a)(6) of title 28, United
States Code, is amended by striking ‘‘a plan is confirmed
or’’.
(b) Section 589a(b)(5) of such title is amended by
striking ‘‘;’’ and inserting, ‘‘until a reorganization plan is
confirmed;’’.
(c) Section 589a(f) of such title is amended—
(1) in paragraph (2) by striking ‘‘.’’ and insert-
ing, ‘‘until a reorganization plan is confirmed;’’, and
(2) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) 100 percent of the fees collected under sec-
tion 1930(a)(6) of this title after a reorganization
plan is confirmed.’’.
SEC. 112. Public Law 102–395, section 102 is amend-
ed as follows: (1) in subsection (b)(1) strike ‘‘years 1993,
1994, and 1995’’ and insert ‘‘year 1996’’; (2) in subsection
(b)(1)(C) strike ‘‘years 1993, 1994, and 1995’’ and insert
‘‘year 1996’’; and (3) in subsection (b)(5)(A) strike ‘‘years
1993, 1994, and 1995’’ and insert ‘‘year 1996’’.