H. R. 2076—2
national terrorism, including payment of rewards in connection
with these activities, and (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities: Provided,
That funds provided under this section shall be available only
after the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in accordance
with section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $38,886,000:
Provided, That the obligated and unobligated balances of funds
previously appropriated to the General Administration, Salaries
and Expenses appropriation for the Executive Office for Immigra-
tion Review and the Office of the Pardon Attorney shall be merged
with this appropriation.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND
APPEALS
For activities authorized by sections 130005 and 130007 of
Public Law 103–322, $47,780,000, to remain available until
expended, which shall be derived from the Violent Crime Reduction
Trust Fund: Provided, That the obligated and unobligated balances
of funds previously appropriated to the General Administration,
Salaries and Expenses appropriation under title VIII of Public
Law 103–317 for the Executive Office for Immigration Review shall
be merged with this appropriation.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $28,960,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance and operation of motor vehicles without regard to
the general purchase price limitation.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized by law, $5,446,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia; $401,929,000; of which not to
H. R. 2076—3
exceed $10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the funds available
in this appropriation, not to exceed $22,618,000 shall remain avail-
able until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United States
Attorneys, the Antitrust Division, and offices funded through ‘‘Sala-
ries and Expenses’’, General Administration: Provided further, That
of the total amount appropriated, not to exceed $1,000 shall be
available 
to 
the 
United 
States 
National 
Central 
Bureau,
INTERPOL, for official reception and representation expenses: Pro-
vided further, That notwithstanding 31 U.S.C. 1342, the Attorney
General may accept on behalf of the United States and credit
to this appropriation, gifts of money, personal property and services,
for the purpose of hosting the International Criminal Police
Organization’s (INTERPOL) American Regional Conference in the
United States during fiscal year 1996.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $4,028,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund, as authorized by section 6601 of the Omnibus Budget Rec-
onciliation Act, 1989, as amended by Public Law 101–512 (104
Stat. 1289).
In addition, for Salaries and Expenses, General Legal Activities,
$12,000,000 shall be made available to be derived by transfer from
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice.
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES
For the expeditious deportation of denied asylum applicants,
as authorized by section 130005 of Public Law 103–322, $7,591,000,
to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindered laws, $65,783,000: Provided, That notwithstanding any
other provision of law, not to exceed $48,262,000 of offsetting collec-
tions derived from fees collected for premeger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses
in this appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the Gen-
eral Fund shall be reduced as such offsetting collections are received
during fiscal year 1996, so as to result in a final fiscal year 1996
appropriation from the General Fund estimated at not more than
$17,521,000: Provided further, That any fees received in 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.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United States Attor-
neys, including intergovernmental agreements, $895,509,000, of
which not to exceed $2,500,000 shall be available until September
H. R. 2076—4
30, 1997 for the purposes of (1) providing training of personnel
of the Department of Justice in debt collection, (2) providing services
to the Department of Justice related to locating debtors and their
property, such as title searches, debtor skiptracing, asset searches,
credit reports and other investigations, (3) paying the costs of
the Department of Justice for the sale of property not covered
by the sale proceeds, such as auctioneers’ fees and expenses, mainte-
nance and protection of property and businesses, advertising and
title search and surveying costs, and (4) paying the costs of process-
ing and tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to exceed
$8,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of those
funds available for automated litigation support contracts and
$4,000,000 for security equipment shall remain available until
expended: Provided further, That in addition to reimbursable full-
time equivalent workyears available to the Office of the United
States Attorneys, not to exceed 8,595 positions and 8,862 full-
time equivalent workyears shall be supported from the funds appro-
priated in this Act for the United States Attorneys.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS
For activities authorized by sections 190001(d), 40114 and
130005 of Public Law 103–322, $30,000,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund, of which $20,269,000 shall be available
to help meet increased demands for litigation and related activities,
$500,000 to implement a program to appoint additional Federal
Victim’s Counselors, and $9,231,000 for expeditious deportation of
denied asylum applicants.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
$102,390,000, as authorized by 28 U.S.C. 589a(a), to remain avail-
able until expended, for activities authorized by section 115 of
the Bankruptcy Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986 (Public Law 99–554), which shall be derived
from the United States Trustee System Fund: Provided, That
deposits to the Fund are available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, not to exceed
$44,191,000 of offsetting collections derived from fees collected
pursuant to section 589a(f) of title 28, United States Code, as
amended, shall be retained and used for necessary expenses in
this appropriation: Provided further, That the $102,390,000 herein
appropriated from the United States Trustee System Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from such Fund estimated at not more than $58,199,000: Provided
further, That any of the aforementioned fees collected in excess
of $44,191,000 in fiscal year 1996 shall remain available until
expended, but shall not be available for obligation until October
1, 1996.
H. R. 2076—5
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $830,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles and aircraft, and the purchase of passenger motor vehicles
for police-type use without regard to the general purchase price
limitation for the current fiscal year; $423,248,000, as authorized
by 28 U.S.C. 561(i), of which not to exceed $6,000 shall be available
for official reception and representation expenses.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS
SERVICE
For activities authorized by section 190001(b) of Public Law
103–322, $25,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
For expenses related to United States prisoners in the custody
of the United States Marshals Service as authorized in 18 U.S.C.
4013, but not including expenses otherwise provided for in appro-
priations available to the Attorney General; $252,820,000, as
authorized by 28 U.S.C. 561(i), to remain available until expended.
In addition, for Federal Prisoner Detention, $9,000,000 shall
be made available until expended to be derived by transfer from
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems of wit-
nesses, for expenses of contracts for the procurement and super-
vision of expert witnesses, for private counsel expenses, and for
per diems in lieu of subsistence, as authorized by law, including
advances, $85,000,000, to remain available until expended; of which
not to exceed $4,750,000 may be made available for planning,
construction, renovations, maintenance, remodeling, and repair of
buildings and the purchase of equipment incident thereto for pro-
tected witness safesites; of which not to exceed $1,000,000 may
be made available for the purchase and maintenance of armored
vehicles for transportation of protected witnesses; and of which
not to exceed $4,000,000 may be made available for the purchase,
installation and maintenance of a secure automated information
network to store and retrieve the identities and locations of pro-
tected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $5,319,000.
H. R. 2076—6
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $30,000,000 to be derived from the Depart-
ment of Justice Assets Forfeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,655,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
For payments to the Radiation Exposure Compensation Trust
Fund, $16,264,000, to become available on October 1, 1996.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug traffick-
ing not otherwise provided for, to include intergovernmental agree-
ments with State and local law enforcement agencies engaged in
the investigation and prosecution of individuals involved in orga-
nized crime drug trafficking, $359,843,000, of which $50,000,000
shall remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from
this appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert to
the Attorney General for reallocation among participating organiza-
tions in succeeding fiscal years, subject to the reprogramming proce-
dures described in section 605 of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including purchase
for police-type use of not to exceed 1,815 passenger motor vehicles
of which 1,300 will be for replacement only, without regard to
the general purchase price limitation for the current fiscal year,
and hire of passenger motor vehicles; acquisition, lease, mainte-
nance and operation of aircraft; and not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; $2,189,183,000, of which not
to exceed $50,000,000 for automated data processing and tele-
communications 
and 
technical 
investigative 
equipment 
and
$1,000,000 for undercover operations shall remain available until
September 30, 1997; of which not less than $102,345,000 shall
be for counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security; of which not
H. R. 2076—7
to exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made available
for making payments or advances for expenses arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related
to violent crime, terrorism, organized crime, and drug investiga-
tions; and of which $1,500,000 shall be available to maintain an
independent program office dedicated solely to the relocation of
the Criminal Justice Information Services Division and the automa-
tion of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and represen-
tation expenses: Provided further, That $58,000,000 shall be made
available for NCIC 2000, of which not less than $35,000,000 shall
be derived from ADP and Telecommunications unobligated balances,
and of which $22,000,000 shall be derived by transfer and available
until expended from unobligated balances in the Working Capital
Fund of the Department of Justice.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by Public Law 103–322, $218,300,000,
to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, of which $208,800,000
shall be for activities authorized by section 190001(c); $4,000,000
for Training and Investigative Assistance authorized by section
210501(c)(2); and $5,500,000 for establishing DNA quality assurance
and proficiency testing standards, establishing an index to facilitate
law enforcement exchange of DNA identification information, and
related activities authorized by section 210306.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects;
$97,589,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate of,
the Attorney General; expenses for conducting drug education and
training programs, including travel and related expenses for partici-
pants in such programs and the distribution of items of token
value that promote the goals of such programs; purchase of not
to exceed 1,208 passenger motor vehicles, of which 1,178 will be
for replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year; and
acquisition, 
lease, 
maintenance, 
and 
operation 
of 
aircraft;
$745,668,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account
for operating expenses shall remain available until expended, and
of which not to exceed $4,000,000 for purchase of evidence and
H. R. 2076—8
payments for information, not to exceed $4,000,000 for contracting
for ADP and telecommunications equipment, and not to exceed
$2,000,000 for technical and laboratory equipment shall remain
available until September 30, 1997, and of which not to exceed
$50,000 shall be available for official reception and representation
expenses.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and 190001(b)
of Public Law 103–322, $60,000,000, to remain available until
expended, which shall be derived from the Violent Crime Reduction
Trust Fund.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed
$50,000 to meet unforeseen emergencies of a confidential character,
to be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 813 of which 177 are for replacement
only) without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor vehicles; acquisi-
tion, lease, maintenance and operation of aircraft; and research
related to immigration enforcement; $1,394,825,000; of which
$506,800,000 is available for the Border Patrol, of which
$12,100,000 shall remain available until September 30, 1997; of
which not to exceed $400,000 for research shall remain available
until expended; and of which not to exceed $10,000,000 shall be
available for costs associated with the training program for basic
officer training: Provided, That none of the funds available to the
Immigration and Naturalization Service shall be available for
administrative expenses to pay any employee overtime pay in an
amount in excess of $25,000 during the calendar year beginning
January 1, 1996: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That not to exceed $5,000
shall be available for official reception and representation expenses:
Provided further, That the Attorney General may transfer to the
Department of Labor and the Social Security Administration not
to exceed $10,000,000 for programs to verify the immigration status
of persons seeking employment in the United States: Provided
further, That none of the funds provided in this or any other
Act shall be used for the continued operation of the San Clemente
and Temecula checkpoints unless: (1) the checkpoints are open
and traffic is being checked on a continuous 24-hour basis and
(2) the Immigration and Naturalization Service undertakes a com-
muter lane facilitation pilot program at the San Clemente check-
point within 90 days of enactment of this Act: Provided further,
That the Immigration and Naturalization Service shall undertake
the renovation and improvement of the San Clemente checkpoint,
to include the addition of two to four lanes, and which shall be
exempt from Federal procurement regulations for contract forma-
tion, from within existing balances in the Immigration and Natu-
H. R. 2076—9
ralization Service Construction account: Provided further, That if
renovation of the San Clemente checkpoint is not completed by
July 1, 1996, the San Clemente checkpoint will close until such
time as the renovations and improvements are completed unless
funds for the continued operation of the checkpoint are provided
and made available for obligation and expenditure in accordance
with procedures set forth in section 605 of this Act, as the result
of certification by the Attorney General that exigent circumstances
require the checkpoint to be open and delays in completion of
the renovations are not the result of any actions that are or have
been in the control of the Department of Justice: Provided further,
That the Office of Public Affairs at the Immigration and Naturaliza-
tion Service shall conduct its business in areas only relating to
its central mission, including: research, analysis, and dissemination
of information, through the media and other communications out-
lets, relating to the activities of the Immigration and Naturalization
Service: Provided further, That the Office of Congressional Relations
at the Immigration and Naturalization Service shall conduct busi-
ness in areas only relating to its central mission, including: provid-
ing services to Members of Congress relating to constituent inquiries
and requests for information; and working with the relevant
congressional committees on proposed legislation affecting immigra-
tion matters: Provided further, That in addition to amounts other-
wise made available in this title to the Attorney General, the
Attorney General is authorized to accept and utilize, on behalf
of the United States, the $100,000 Innovation in American Govern-
ment Award for 1995 from the Ford Foundation for the Immigration
and Naturalization Service’s Operation Jobs program.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130005, 130006, and
130007 of Public Law 103–322, $316,198,000, to remain available
until expended, which will be derived from the Violent Crime Reduc-
tion Trust Fund, of which $44,089,000 shall be for expeditious
deportation of denied asylum applicants, $231,570,000 for improving
border controls, and $40,539,000 for expanded special deportation
proceedings: Provided, That of the amounts made available,
$78,000,000 shall be for the Border Patrol.
CONSTRUCTION
For planning, construction, renovation, equipping and mainte-
nance of buildings and facilities necessary for the administration
and enforcement of the laws relating to immigration, naturalization,
and alien registration, not otherwise provided for, $25,000,000,
to remain available until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 853, of which 559 are for replacement
only) and hire of law enforcement and passenger motor vehicles;
and for the provision of technical assistance and advice on correc-
tions related issues to foreign governments; $2,567,578,000: Pro-
H. R. 2076—10
vided, That there may be transferred to the Health Resources
and Services Administration such amounts as may be necessary,
in the discretion of the Attorney General, for direct expenditures
by that Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That the Direc-
tor of the Federal Prison System (FPS), where necessary, may
enter into contracts with a fiscal agent/fiscal intermediary claims
processor to determine the amounts payable to persons who, on
behalf of the FPS, furnish health services to individuals committed
to the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price limita-
tion for the current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000 for
the activation of new facilities shall remain available until Septem-
ber 30, 1997: Provided further, That of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall remain avail-
able until expended to make payments in advance for grants, con-
tracts and reimbursable agreements and other expenses authorized
by section 501(c) of the Refugee Education Assistance Act of 1980
for the care and security in the United States of Cuban and Haitian
entrants: Provided further, That no funds appropriated in this Act
shall be used to privatize any Federal prison facilities located in
Forrest City, Arkansas, and Yazoo City, Mississippi.
VIOLENT CRIME REDUCTION PROGRAMS
For substance abuse treatment in Federal prisons as authorized
by section 32001(e) of Public Law 103–322, $13,500,000, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facili-
ties; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and con-
structing, remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which not
to exceed $14,074,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States pris-
oners may be used for work performed under this appropriation:
Provided further, That not to exceed 10 percent of the funds appro-
priated to ‘‘Buildings and Facilities’’ in this Act or any other Act
may be transferred to ‘‘Salaries and Expenses’’, Federal Prison
System upon notification by the Attorney General to the Committees
on Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of this Act:
Provided further, That of the total amount appropriated, not to
exceed $22,351,000 shall be available for the renovation and
construction of United States Marshals Service prisoner holding
facilities.
H. R. 2076—11
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments, without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase of (not to exceed five for replacement
only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $3,559,000 of the funds of the corporation shall
be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which the
said accounting system requires to be capitalized or charged to
cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the corpora-
tion or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and the Missing Children’s Assist-
ance Act, as amended, including salaries and expenses in connection
therewith, and with the Victims of Crime Act of 1984, as amended,
$99,977,000, to remain available until expended, as authorized by
section 1001 of title I of the Omnibus Crime Control and Safe
Streets Act, as amended by Public Law 102–534 (106 Stat. 3524).
VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE ASSISTANCE
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be trans-
ferred to and merged with the ‘‘Justice Assistance’’ account) author-
ized by the Violent Crime Control and Law Enforcement Act of
1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
and the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $202,400,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund;
of which $6,000,000 shall be for the Court Appointed Special Advo-
cate Program, as authorized by section 218 of the 1990 Act; $750,000
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
$130,000,000 for Grants to Combat Violence Against Women to
States, units of local governments and Indian tribal governments,
as authorized by section 1001(a)(18) of the 1968 Act; $28,000,000
H. R. 2076—12
for Grants to Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized by sec-
tion 1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic
Violence and Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act; $1,000,000 for training
programs to assist probation and parole officers who work with
released sex offenders, as authorized by section 40152(c) of the
Violent Crime Control and Law Enforcement Act of 1994; $50,000
for grants for televised testimony, as authorized by section
1001(a)(7) of the Omnibus Crime Control and Safe Streets Act
of 1968; $200,000 for the study of State databases on the incidence
of sexual and domestic violence, as authorized by section 40292
of the Violent Crime Control and Law Enforcement Act of 1994;
$1,500,000 for national stalker and domestic violence reduction,
as authorized by section 40603 of the 1994 Act; $27,000,000 for
grants for residential substance abuse treatment for State prisoners
authorized by section 1001(a)(17) of the 1968 Act; and $900,000
for the Missing Alzheimer’s Disease Patient Alert Program, as
authorized by section 240001(d) of the 1994 Act: Provided, That
any balances for these programs shall be transferred to and merged
with this appropriation.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, for State and Local
Narcotics Control and Justice Assistance Improvements, notwith-
standing the provisions of section 511 of said Act, $388,000,000,
to remain available until expended, as authorized by section 1001
of title I of said Act, as amended by Public Law 102–534 (106
Stat. 3524), of which $60,000,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs: Provided,
That balances of amounts appropriated prior to fiscal year 1995
under the authorities of this account shall be transferred to and
merged with this account.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be trans-
ferred to and merged with the ‘‘Justice Assistance’’ account) author-
ized by the Violent Crime Control and Law Enforcement Act of
1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
and the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $3,005,200,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $1,903,000,000 shall be for Local Law Enforcement
Block Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995 for the purposes set forth
in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728 and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime or the
H. R. 2076—13
prosecution of criminals: Provided, That recipients are encouraged
to use these funds to hire additional law enforcement officers:
Provided further, That funds may also be used to defray the costs
of indemnification insurance for law enforcement officers: Provided
further, That $10,000,000 of this amount shall be available for
educational expenses as set forth in section 200103 of the 1994
Act; $25,000,000 for grants to upgrade criminal records, as author-
ized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; $147,000,000 as authorized by section 1001
of title I of the 1968 Act, which shall be available to carry out
the provisions of subpart 1, part E of title I of the 1968 Act,
notwithstanding section 511 of said Act, for the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs;
$300,000,000 for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration and Nationality
Act, as amended; $617,500,000 for Violent Offender Incarceration
and Truth in Sentencing Incentive Grants pursuant to subtitle
A of title II of the Violent Crime Control and Law Enforcement
Act of 1994 (as amended by section 114 of this Act), of which
$200,000,000 shall be available for payments to States for incarcer-
ation of criminal aliens, and of which $12,500,000 shall be available
for the Cooperative Agreement Program; $1,000,000 for grants to
States and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968 Act;
$9,000,000 for Improved Training and Technical Automation
Grants, as authorized by section 210501(c)(1) of the 1994 Act;
$1,000,000 for Law Enforcement Family Support Programs, as
authorized by section 1001(a)(21) of the 1968 Act; $500,000 for
Motor Vehicle Theft Prevention Programs, as authorized by section
220002(h) of the 1994 Act; $1,000,000 for Gang Investigation
Coordination and Information Collection, as authorized by section
150006 of the 1994 Act; $200,000 for grants as authorized by
section 32201(c)(3) of the 1994 Act: Provided further, That funds
made available in fiscal year 1996 under subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, may be obligated for programs to assist
States in the litigation processing of death penalty Federal habeas
corpus petitions: Provided further, That any 1995 balances for these
programs shall be transferred to and merged with this appropria-
tion: Provided further, That if a unit of local government uses
any of the funds made available under this title to increase the
number of law enforcement officers, the unit of local government
will achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses
of the Executive Office for Weed and Seed, to implement ‘‘Weed
and Seed’’ program activities, $28,500,000, which shall be derived
from discretionary grants provided under the Edward Byrne Memo-
rial State and Local Law Enforcement Assistance Programs, to
remain available until expended for intergovernmental agreements,
including grants, cooperative agreements, and contracts, with State
and local law enforcement agencies engaged in the investigation
and prosecution of violent crimes and drug offenses in ‘‘Weed and
Seed’’ designated communities, and for either reimbursements or
H. R. 2076—14
transfers to appropriation accounts of the Department of Justice
and other Federal agencies which shall be specified by the Attorney
General to execute the ‘‘Weed and Seed’’ program strategy: Provided,
That funds designated by Congress through language for other
Department of Justice appropriation accounts for ‘‘Weed and Seed’’
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ‘‘Weed
and Seed’’ program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, including salaries and expenses in connec-
tion therewith to be transferred to and merged with the appropria-
tions for Justice Assistance, $144,000,000, to remain available until
expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102–
586, of which: (1) $100,000,000 shall be available for expenses
authorized by parts A, B, and C of title II of the Act; (2) $10,000,000
shall be available for expenses authorized by sections 281 and
282 of part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be avail-
able for expenses authorized by section 285 of part E of title
II of the Act; (4) $4,000,000 shall be available for expenses author-
ized by part G of title II of the Act for juvenile mentoring programs;
and (5) $20,000,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency preven-
tion programs.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act
of 1990, as amended, $4,500,000, to remain available until
expended, as authorized by section 214B, of the Act: Provided,
That balances of amounts appropriated prior to fiscal year 1995
under the authorities of this account shall be transferred to and
merged with this account.
PUBLIC SAFETY OFFICERS BENEFITS
For payments authorized by part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
as amended, such sums as are necessary, to remain available until
expended, as authorized by section 6093 of Public Law 100–690
(102 Stat. 4339–4340), and, in addition, $2,134,000, to remain avail-
able until expended, for payments as authorized by section 1201(b)
of said Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $45,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses in accord-
H. R. 2076—15
ance with distributions, procedures, and regulations established
by the Attorney General.
SEC. 102. Subject to section 102(b) of the Department of Justice
and Related Agencies Appropriations Act, 1993, as amended by
section 112 of this Act, authorities contained in Public Law 96–
132, ‘‘The Department of Justice Appropriation Authorization Act,
Fiscal Year 1980’’, shall remain in effect until the termination
date of this Act or until the effective date of a Department of
Justice Appropriation Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 104. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 104 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which shall
not be subject to spending limitations contained in sections 3059
and 3072 of title 18, United States Code: Provided, That any reward
of $100,000 or more, up to a maximum of $2,000,000, may not
be made without the personal approval of the President or the
Attorney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act, including those derived from the Violent Crime Reduc-
tion Trust Fund, 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 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 compli-
ance with the procedures set forth in that section.
SEC. 108. For fiscal year 1996 and each fiscal year thereafter,
amounts in the Federal Prison System’s Commissary Fund, Federal
Prisons, which are not currently needed for operations, shall be
kept on deposit or invested in obligations of, or guaranteed by,
the United States and all earnings on such investment shall be
deposited in the Commissary Fund.
SEC. 109. Section 524(c)(9) of title 28, United States Code,
is amended by adding subparagraph (E), as follows:
‘‘(E) Subject to the notification procedures contained in section
605 of Public Law 103–121, and after satisfying the transfer require-
ment in subparagraph (B) of this paragraph, any excess unobligated
balance remaining in the Fund on September 30, 1995 shall be
available to the Attorney General, without fiscal year limitation,
H. R. 2076—16
for any Federal law enforcement, litigative/prosecutive, and correc-
tional activities, or any other authorized purpose of the Department
of Justice. Any amounts provided pursuant to this subparagraph
may be used under authorities available to the organization receiv-
ing the funds.’’.
SEC. 110. Hereafter, notwithstanding any other provision of
law—
(1) No transfers may be made from Department of Justice
accounts other than those authorized in this Act, or in previous
or subsequent appropriations Acts for the Department of Jus-
tice, or in part II of title 28 of the United States Code, or
in section 10601 of title 42 of the United States Code; and
(2) No appropriation account within the Department of
Justice shall have its allocation of funds controlled 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 inserting, ‘‘until
a reorganization plan is confirmed;’’, and
(2) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) 100 percent of the fees collected under section
1930(a)(6) of this title after a reorganization plan is confirmed.’’.
SEC. 112. Public Law 102–395, section 102 is amended 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’’.
SEC. 113. Public Law 101–515 (104 Stat. 2112; 28 U.S.C. 534
note) is amended by inserting ‘‘and criminal justice information’’
after ‘‘for the automation of finger-print identification’’.
SEC. 114. (a) GRANT PROGRAM.—Subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of 1994 is amended
to read as follows:
‘‘Subtitle A—Violent Offender Incarcer-
ation and Truth-in-Sentencing Incentive
Grants
‘‘SEC. 20101. DEFINITIONS.
‘‘As used in this subtitle—
‘‘(1) the term ‘indeterminate sentencing’ means a system by
which—
‘‘(A) the court may impose a sentence of a range defined
by statute; and
‘‘(B) an administrative agency, generally the parole
board, or the court, controls release within the statutory
range;
‘‘(2) the term ‘part 1 violent crime’ means murder and
nonnegligent manslaughter, forcible rape, robbery, and aggra-
H. R. 2076—17
vated assault as reported to the Federal Bureau of Investigation
for purposes of the Uniform Crime Reports; and
‘‘(3) the term ‘State’ means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
‘‘SEC. 20102. AUTHORIZATION OF GRANTS.
‘‘(a) IN GENERAL.—The Attorney General shall provide grants
to eligible States—
‘‘(1) to build or expand correctional facilities to increase
the prison bed capacity for the confinement of persons convicted
of a part 1 violent crime or adjudicated delinquent for an
act which if committed by an adult, would be a part 1 violent
crime;
‘‘(2) to build or expand temporary or permanent correctional
facilities, including facilities on military bases, prison barges,
and boot camps, for the confinement of convicted nonviolent
offenders and criminal aliens, for the purpose of freeing suitable
existing prison space for the confinement of persons convicted
of a part 1 violent crime; and
‘‘(3) to build or expand jails.
‘‘(b) REGIONAL COMPACTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), States may
enter into regional compacts to carry out this subtitle. Such
compacts shall be treated as States under this subtitle.
‘‘(2) REQUIREMENT.—To be recognized as a regional compact
for eligibility for a grant under section 20103 or 20104, each
member State must be eligible individually.
‘‘(3) LIMITATION
ON
RECEIPT
OF
FUNDS.—No State may
receive a grant under this subtitle both individually and as
part of a compact.
‘‘(c) LIMITATIONS.—
‘‘(1) Except as provided in paragraph (2), an eligible State
may receive either a general grant under section 20103 or
a truth-in-sentencing incentive grant under section 20104.
‘‘(2) EXCEPTION.—An eligible State may receive a grant
under both sections 20103 and 20104 if the amount that such
State is eligible to receive under section 20103 in a year equals
or exceeds the amount that such State is eligible to receive
under section 20104 for that year.
‘‘(d) APPLICABILITY.—Notwithstanding the eligibility require-
ments of sections 20103 and 20104, a State that certifies to the
Attorney General that, as of the date of enactment of the Depart-
ment of Justice Appropriations Act, 1996, such State has enacted
legislation in reliance on subtitle A of title II of the Violent Crime
Control and Law Enforcement Act, as enacted on September 13,
1994, and would in fact qualify under those provisions, shall be
eligible to receive a grant for fiscal year 1996 as though such
State qualifies under sections 20103 or 20104 of this subtitle.
‘‘SEC. 20103. GENERAL GRANTS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant under this
section, a State shall submit an application to the Attorney General
that provides assurances that such State has, since 1993—
‘‘(1) increased the percentage of persons convicted of a
part 1 violent crime sentenced to prison;
H. R. 2076—18
‘‘(2) increased the average prison time actually to be served
in prison by persons convicted of a part 1 violent crime sen-
tenced to prison; and
‘‘(3) increased the average percentage of time of the sen-
tence to be actually served in prison by persons convicted
of a part 1 violent crime and sentenced to prison.
‘‘(b) INDETERMINATE SENTENCING EXCEPTION.—Notwithstand-
ing subsection (a), a State shall be eligible for a grant under
this section if such State submits an application to the Attorney
General that provides assurances that the State on the date of
the enactment of the Departments of Commerce, Justice, and State,
the Judiciary and Related Agencies Appropriations Act, 1996—
‘‘(1) practices indeterminate sentencing with regard to any
part 1 violent crime; and
‘‘(2) since 1993 the State has increased—
‘‘(A) the percentage of persons convicted of a part 1
violent crime sentenced to prison; and
‘‘(B) the average time served in the State for the
offenses of murder, rape, and robbery under the State’s
sentencing and release guidelines 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-sentencing 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, Justice, and State, the
Judiciary and Related Agencies Appropriations Act, 1996, prac-
tices 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 actu-
ally 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 precludes the pris-
oner from posing a threat to the public, but only after a public
hearing in which representatives of the public and the pris-
oner’s victims have had an opportunity to be heard regarding
a proposed release.
H. R. 2076—19
‘‘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 allocated in a fiscal year
pursuant to section 20106 for counties and units of local govern-
ment to construct, develop, expand, modify, or improve jails
and other correctional facilities.
‘‘(2) FACTORS FOR DETERMINATION OF AMOUNT.—To deter-
mine the amount of funds to be reserved under this subsection,
a State shall consider the burden placed on a county or unit
of local government 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 assur-
ances 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 recogni-
tion of the rights and needs of crime victims.
‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwithstanding any
other provision of this subtitle, if a State, or unit of local government
located in a State that otherwise meets the requirements of sections
20103 or 20104, certifies to the Attorney General that exigent
circumstances exist that require the State to expend funds to confine
juvenile offenders, the State may use funds received under this
subtitle to build or expand juvenile correctional facilities or pretrial
detention facilities for juvenile offenders.
‘‘(d) PRIVATE FACILITIES.—A State may use funds received under
this subtitle for the privatization of facilities to carry out the pur-
poses 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 section 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 percent.
‘‘(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 Islands, American Samoa, Guam, and the
Commonwealths 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 eligible State in a fiscal year for
a grant under section 20104, except that the United States
Virgin Islands, American Samoa, Guam, and the Common-
wealths of Puerto Rico and the Northern Mariana Islands
shall each be allocated 0.04 percent.
H. R. 2076—20
‘‘(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 allocated 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 Investiga-
tion for the 3 years preceding the year in which the deter-
mination 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 preced-
ing the year in which the determination is made.
‘‘(B) UNAVAILABLE DATA.—If data regarding part 1 vio-
lent crimes in any State is unavailable for the 3 years
preceding the year in which the determination is made
or substantially inaccurate, the Attorney General shall uti-
lize the best available comparable data regarding the num-
ber of violent crimes for the previous year for the State
for the purposes of allocation of funds under this subtitle.
‘‘(4) REGIONAL COMPACTS.—In determining the funds that
States organized as a regional compact may receive, the Attor-
ney General shall first apply the formula in either paragraph
(1) or (2) and (3) of this section to each member State of
the compact. The States organized as a regional compact may
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 govern-
ments at the lowest possible cost and employ the best available
technology.
‘‘(b) ADMINISTRATIVE PROVISIONS.—The administrative provi-
sions 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 appro-
priated 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 appro-
priated pursuant to paragraph (1)—
‘‘(i) one-third of such amount shall be allocated
pursuant to section 20106 to eligible States under sec-
tion 20103; and
H. R. 2076—21
‘‘(ii) two-thirds of such amount shall be allocated
pursuant to section 20106 to eligible States under sec-
tion 20104.
‘‘(B) ADDITIONAL FUNDS.—Subject to section 20109, if
the amount appropriated pursuant to paragraph (1) exceeds
$750,000,000—
‘‘(i) half of such amount shall be allocated pursuant
to section 20106 to eligible States under section 20103;
and
‘‘(ii) half of such amount shall be allocated pursu-
ant 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 avail-
able 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 absence 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 fiscal 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 provi-
sion of this subtitle, from amounts appropriated 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 General 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 Attorney General
an application in such form and containing such information as
the Attorney General may by regulation require.
‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION
OF CRIMINAL ALIENS.
‘‘(a) IN GENERAL.—The Attorney General shall make a payment
to each State which is eligible under section 242(j) of the Immigra-
tion and Nationality Act and which meets the eligibility require-
ments 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 fiscal year under such section.
H. R. 2076—22
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any
other provision of this subtitle, there are authorized to be appro-
priated to carry out this section from amounts authorized under
section 20108, an amount which when added to amounts appro-
priated to carry out section 242(j) of the Immigration and National-
ity 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 NONFEDERAL
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.—Notwithstanding any
other provision of this subtitle, there are authorized to be appro-
priated 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 thereafter, the
Attorney General shall report to the Congress on the implementa-
tion 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 making payments to States
and political subdivisions of States which are ineligible
for payments 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 Omnibus 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 subpara-
graph (A), any funds that remain available to an
applicant under paragraph (20) of title I of the Omni-
bus Crime Control 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 preceding the
date of enactment of this Act.
(2) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 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 striking the matter relating to title V.
H. R. 2076—48
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and
all receipts which otherwise would be deposited to the credit of
said fund shall be covered into the Treasury as miscellaneous
receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Ameri-
ca’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 para-
graph 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 Immigration
Reform pursuant to section 141(f) of the Immigration 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 Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,090,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
H. R. 2076—49
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 services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, as
amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $233,000,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances 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 improve-
ment 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 remain available until Septem-
ber 30, 1997, for research and policy studies: Provided, That
$116,400,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated 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 $59,309,000: Provided further, That any offsetting
collections 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 Merchant 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.
H. R. 2076—64
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.
TITLE VIII—PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Reform Act
of 1995’’.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) IN GENERAL.—Section 3626 of title 18, United States Code,
is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison condi-
tions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE
RELIEF.—(A) Prospective relief in any
civil action with respect to prison conditions shall extend no
further than necessary to correct 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 further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the viola-
tion of the Federal right. The court shall give substantial weight
to any adverse impact on public safety or the operation of
a criminal justice system caused by the relief.