HR 2076 RS
be for activities authorized by section 210306 of Public Law
103–322.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $98,400,000
$147,800,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Ad-
ministration, including not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character, to be ex-
pended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; ex-
penses for conducting drug education and training pro-
grams, 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; pur-
chase 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, mainte-
nance, 
and 
operation 
of 
aircraft; 
$781,488,000
$790,000,000, of which not to exceed $1,800,000 for re-
HR 2076 RS
search and $15,000,000 for transfer to the Drug Diver-
sion Control Fee Account for operating expenses shall re-
main available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for in-
formation, not to exceed $4,000,000 for contracting for
ADP and telecommunications equipment, and not to ex-
ceed $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 Drug Enforcement Administration agents au-
thorized by section 180104 of Public Law 103–322,
$12,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund.
For activities authorized by section 524(b) of Senate
bill 735 as passed by the Senate on June 7, 1995,
$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 relat-
ing to immigration, naturalization, and alien registration,
HR 2076 RS
including not to exceed $50,000 to meet unforeseen emer-
gencies 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 replace-
ment only) without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and oper-
ation of aircraft; and research related to immigration en-
forcement; $1,421,481,000 $953,934,000, 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: Pro-
vided further, That uniforms may be purchased without
regard to the general purchase price limitation for the cur-
rent fiscal year: Provided further, That not to exceed
$5,000 shall be available for official reception and rep-
resentation expenses: Provided further, That the Attorney
General may transfer to the Department of Labor and the
Social Security Administration not to exceed $30,000,000
HR 2076 RS
$10,000,000 for programs to verify the immigration status
of persons seeking employment in the United States:–Pro-
vided further, That none of the funds appropriated in this
Act may be used to operate the Border Patrol traffic
checkpoints located in San Clemente, California, at inter-
state highway 5 and in Temecula, California, at interstate
highway 15: Provided further, That not to exceed 15 posi-
tions shall be available for the Office of Public Affairs at
the Immigration and Naturalization Service and not to ex-
ceed 10 positions shall be available for the Office of Congres-
sional Affairs at the Immigration and Naturalization Serv-
ice: Provided further, That the two aforementioned offices
shall not be augmented by personnel details, temporary
transfers of personnel in either a reimbursable or non-reim-
bursable basis or any other type of formal or informal
transfer or reimbursement of personnel or funds on either
a temporary or long-term basis.
VIOLENT CRIME REDUCTION PROGRAMS
For
activities
authorized
by
sections
130005,
130006, 130007, and 190001(b) of Public Law 103–322,
$303,542,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, of which $44,089,000 shall be for expeditious de-
portation of denied asylum applicants, $218,800,000 for
improving border controls, $35,153,000 for expanded spe-
HR 2076 RS
cial deportation proceedings, and $5,500,000 for border
patrol equipment.
For activities authorized by sections 130005, 130006,
and 130007 of Public Law 103–322, $165,362,000, to re-
main available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, of which
$20,360,000 shall be for expeditious deportation of denied
asylum applicants, $114,463,000 for improving border con-
trols, and $40,539,000 for expanded special deportation
proceedings.
BORDER PATROL
SALARIES AND EXPENSES
For expenses necessary for Border Patrol Operations,
$489,200,000, to remain available until expended.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by section 130006 of Public
Law 103–322, $127,300,000, to remain available until ex-
pended, which shall be derived from the Violent Crime Re-
duction Trust Fund.
CONSTRUCTION
For planning, construction, renovation, equipping
and maintenance of buildings and facilities necessary for
the administration and enforcement of the laws relating
to immigration, naturalization, and alien registration, not
otherwise provided for, $11,000,000 $35,000,000, to re-
main available until expended.
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FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, oper-
ation, and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 853, of
which 559 are for replacement only) and hire of law en-
forcement and passenger motor vehicles; and for the provi-
sion of technical assistance and advice on corrections re-
lated issues to foreign governments; $2,574,578,000: Pro-
vided, That there may be transferred to the Health Re-
sources 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 insti-
tutions: Provided further, That the Director 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 indi-
viduals committed to the custody of the FPS: 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 $6,000
shall be available for official reception and representation
expenses: 
Provided 
further, 
That 
not 
to 
exceed
HR 2076 RS
$50,000,000 for the activation of new facilities shall re-
main available until September 30, 1997: Provided further,
That of the amounts provided for Contract Confinement,
not to exceed $20,000,000 shall remain available until ex-
pended to make payments in advance for grants, contracts
and reimbursable agreements and other expenses author-
ized by section 501(c) of the Refugee Education Assist-
ance Act of 1980 for the care and security in the United
States of Cuban and Haitian entrants.
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.
NATIONAL INSTITUTE OF CORRECTIONS
For carrying out the provisions of sections 4351–4353
of title 18, United States Code, which established a National
Institute of Corrections, and for the provision of technical
assistance and advice on corrections related issues,
$8,000,000, to remain available until expended.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust
Facility; purchase and acquisition of facilities and remod-
eling and equipping of such facilities for penal and correc-
HR 2076 RS
tional use, including all necessary expenses incident there-
to, by contract or force account; and constructing, remod-
eling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account; $323,728,000 $349,410,000, 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 prisoners may be
used for work performed under this appropriation: Pro-
vided further, That not to exceed 10 percent of the funds
appropriated to ‘‘Buildings and Facilities’’ in this Act or
any other Act may be transferred to ‘‘Salaries and Ex-
penses,’’ Federal Prison System upon notification by the
Attorney General to the Committees on Appropriations of
the House of Representatives and the Senate in compli-
ance 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 ren-
ovation and construction of United States Marshals Serv-
ice prisoner holding facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is here-
by authorized 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 commit-
HR 2076 RS
ments, without regard to fiscal year limitations as pro-
vided 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 replace-
ment 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 corpora-
tion shall be available for its administrative expenses, and
for services as authorized by 5 U.S.C. 3109, to be com-
puted on an accrual basis to be determined in accordance
with the corporation’s current prescribed accounting sys-
tem, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said ac-
counting system requires to be capitalized or charged to
cost of commodities acquired or produced, including sell-
ing and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, im-
provement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has
an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by title I of the Omnibus
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Crime Control and Safe Streets Act of 1968, as amended,
and the Missing Children’s Assistance Act, as amended,
including salaries and expenses in connection therewith,
and with the Victims of Crime Act of 1984, as amended,
$97,977,000 $102,345,000, to remain available until ex-
pended, as authorized by section 1001 of title I of the Om-
nibus 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 transferred to and merged with the ‘‘Justice As-
sistance’’ account) authorized by the Violent Crime Con-
trol 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’’), $152,400,000 $100,900,000, to remain
available until expended, which shall be derived from the
Violent 
Crime 
Reduction 
Trust 
Fund; 
of 
which
$6,000,000 $4,250,000 shall be for the Court Appointed
Special Advocate Program, as authorized by section 218
of the 1990 Act; $750,000 for Child Abuse Training Pro-
grams for Judicial Personnel and Practitioners, as author-
ized by section 224 of the 1990 Act; $82,750,000
HR 2076 RS
$61,000,000 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 for Grants to Encourage
Arrest Policies to States, units of local governments and
Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; $7,000,000 $6,000,000 for
Rural Domestic Violence and Child Abuse Enforcement
Assistance Grants, as authorized by section 40295 of the
1994 Act; $27,000,000 for grants for Residential Sub-
stance Abuse Treatment For State Prisoners, as author-
ized 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 further, That any balances for these
programs shall be transferred to and merged with this ap-
propriation.
CIVIL LEGAL ASSISTANCE
For grants to States for civil legal assistance as pro-
vided in section 120 of this Act, $210,000,000.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by part E of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968, as
amended, for State and Local Narcotics Control and Jus-
tice Assistance Improvements, notwithstanding the provi-
HR 2076 RS
sions 
of 
section 
511 
of 
said 
Act, 
$50,000,000
$225,000,000, to remain available until expended, as au-
thorized by section 1001 of title I of said Act, as amended
by Public Law 102–534 (106 Stat. 3524),–which shall be
available only: Provided, That not more than $50,000,000
shall be made available to carry out the provisions of chap-
ter 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 further, That not more than $175,000,000 shall
be made available to carry out the provisions of subpart
1, part E of title I of said Act, for formula grants under
the Edward Byrne Memorial State and Local Law Enforce-
ment Assistance Programs: Provided further, 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 transferred to and merged with the ‘‘Justice As-
sistance’’ account) authorized by the Violent Crime Con-
trol 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’’);
HR 2076 RS
and the Victims of Child Abuse Act of 1990, as amended
(‘‘the 1990 Act’’), $3,283,343,000 $3,092,100,000, to re-
main available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund; of which
$1,950,000,000 shall be for Local Law Enforcement
Block Grants, pursuant to H.R. 728 as passed by the
House of Representatives on February 14, 1995; of which
$1,690,000,000 shall be for State and Local Law Enforce-
ment Assistance Block Grants pursuant to title I of the Vio-
lent Crime Control and Law Enforcement Act of 1994 (as
amended by section 114 of this Act); $25,000,000 for
grants to upgrade criminal records, as authorized by sec-
tion 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; $475,000,000 $300,000,000
as authorized by section 1001 of title I of the 1968 Act,
which shall be available to carry out the provisions of sub-
part 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 501 of the Immigration
Reform and Control Act of 1986, as amended;
$19,643,000 $15,000,000 for Youthful Offender Incarcer-
ation Grants, as authorized by section 1001(a)(16) of the
HR 2076 RS
1968 Act; $500,000,000 for Truth in Sentencing Grants
pursuant to section 101 of H.R. 667 as passed by the
House of Representatives on February 10, 1995 of which
not to exceed $200,000,000 is available for payments to
States for incarceration of criminal aliens pursuant to sec-
tion 508 as proposed by such section 101; $750,000,000
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 115 of this Act); $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; $10,000,000 $9,000,000 for
Improved Training and Technical Automation Grants, as
authorized by section 210501(c)(1) of the 1994 Act;
$200,000 for grants to assist in establishing and operating
programs for the prevention, diagnosis, treatment and fol-
lowup care of tuberculosis among inmates of correctional
institutions, as authorized by section 32201(c)(3) of the
1994 Act; $1,000,000 for Law Enforcement Family Sup-
port Programs, as authorized by section 1001(a)(21) of
the Omnibus Crime Control and Safe Streets Act of 1968
as added by section 210201 of the 1994 Act; $500,000
$1,100,000 for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act;
HR 2076 RS
$1,000,000 for Gang Investigation Coordination and In-
formation Collection, as authorized by section 150006 of
the 1994 Act: Provided, That funds made available in fis-
cal 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 ha-
beas corpus petitions: Provided further, That any 1995
balances for these programs shall be transferred to and
merged with this appropriation: 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 offi-
cers who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and relat-
ed expenses of the Executive Office for Weed and Seed,
to implement ‘‘Weed and Seed’’ program activities,
$23,500,000, of which $13,500,000 shall be derived from
discretionary grants provided under the Edward Byrne
Memorial State and Local Law Enforcement Assistance
Programs and $10,000,000 shall be derived from discre-
tionary grants provided under part C of title II of the Ju-
venile Justice and Delinquency Prevention Act, to remain
available until expended for intergovernmental agree-
HR 2076 RS
ments, including grants, cooperative agreements, and con-
tracts, with State and local law enforcement agencies en-
gaged in the investigation and prosecution of violent
crimes and drug offenses in ‘‘Weed and Seed’’ designated
communities, and for either reimbursements or 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’’ pro-
gram strategy: Provided, That funds designated by Con-
gress through language for other Department of Justice
appropriation accounts for ‘‘Weed and Seed’’ program ac-
tivities 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 person-
nel in support of ‘‘Weed and Seed’’ program activities only
after the Attorney General notifies the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate in accordance with section 605 of this Act.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and
other assistance authorized by the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, includ-
ing salaries and expenses in connection therewith to be
transferred to and merged with the appropriations for
Justice Assistance, $144,000,000, to remain available
HR 2076 RS
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 pro-
grams relating to juvenile gangs; (3) $10,000,000 shall
be available for expenses authorized by section 285 of part
E of title II of the Act; (4) $4,000,000 shall be available
for expenses authorized 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 prevention
programs.
In addition, for grants, contracts, cooperative agree-
ments, and other assistance authorized by the Victims of
Child Abuse Act of 1990, as amended, $4,500,000, to re-
main available until expended, as authorized by section
214B, of the Act: Provided, That balances of amounts ap-
propriated 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
HR 2076 RS
U.S.C. 3796), as amended, such sums as are necessary,
to remain available until expended, as authorized by sec-
tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),
and, in addition, $2,134,000, to remain available until ex-
pended, 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 representa-
tion expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title
shall be available to the Attorney General for official re-
ception and representation expenses in accordance with
distributions, procedures, and regulations established by
the Attorney General.
SEC. 102. Subject to section 102(b) of the Depart-
ment 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.
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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 re-
move the obligation of the Director of the Bureau of Pris-
ons to provide escort services necessary for a female in-
mate to receive such service outside the Federal facility:
Provided, That nothing in this section in any way dimin-
ishes the effect of section 104 intended to address the phil-
osophical 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 avail-
able in the Act may be used to pay rewards and 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 ap-
HR 2076 RS
proval of the President or the Attorney General and such
approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Justice in this Act, including those derived
from the Violent Crime Reduction Trust Fund, may be
transferred between such appropriations, but no such ap-
propriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such trans-
fers: Provided, That this section shall not apply to any
appropriation made available in title I of this Act under
the heading, ‘‘Office of Justice Programs, Justice Assist-
ance’’: 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. 108. For fiscal year 1996 and each fiscal year
thereafter, amounts in the Federal Prison System’s Com-
missary 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 investments shall be deposited in the
Commissary Fund.
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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 satisfy-
ing the transfer requirement 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, for any
Federal law enforcement, litigative/prosecutive, and cor-
rectional activities, or any other authorized purpose of the
Department of Justice. Any amounts provided pursuant
to this subparagraph may be used under authorities avail-
able to the organization receiving the funds.’’.
SEC. 110. Notwithstanding Hereafter, notwithstand-
ing 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 Justice, 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 Depart-
ment of Justice shall have its allocation of funds
controlled by other than an apportionment issued by
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the Office of Management and Budget or an allot-
ment 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
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
HR 2076 RS
justice information’’ after ‘‘for the automation of finger-
print identification’’.
SEC. 114. STATE AND LOCAL LAW ENFORCEMENT ASSIST-
ANCE BLOCK GRANT PROGRAM.
Title I of the Violent Crime Control and Law Enforce-
ment Act of 1994 is amended to read as follows:
‘‘TITLE 
I—STATE 
AND 
LOCAL
LAW ENFORCEMENT ASSIST-
ANCE
‘‘SEC. 10001. BLOCK GRANTS TO STATES.
‘‘(a) IN GENERAL.—The Attorney General shall make
grants under this title to States for use by State and local
governments to—
‘‘(1) hire, train, and employ on a continuing
basis, new law enforcement officers and necessary
support personnel;
‘‘(2) pay overtime to currently employed law en-
forcement officers and necessary support personnel;
‘‘(3) procure equipment, technology, and other
material that is directly related to basic law enforce-
ment functions, such as the detection or investigation
of crime, or the prosecution of criminals; and
‘‘(4) establish and operate cooperative programs
between community residents and law enforcement
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agencies for the control, detection, or investigation of
crime, or the prosecution of criminals.
‘‘(b) LAW ENFORCEMENT TRUST FUNDS.—Funds re-
ceived by a State or unit of local government under this
title may be reserved in a trust fund established by the State
or unit of local government to fund the future needs of pro-
grams authorized under subsection (a).
‘‘(c) ALLOCATION AND DISTRIBUTION OF FUNDS.—
‘‘(1) ALLOCATION.—The amount made available
pursuant to section 10003 shall be allocated as fol-
lows:
‘‘(A) 0.6 percent shall be allocated to each
of the participating States.
‘‘(B) After the allocation under subpara-
graph (A), the remainder shall be allocated on
the basis of the population of each State as deter-
mined by the 1990 decennial census as adjusted
annually, by allocating to each State an amount
bearing the same ratio to the total amount to be
allocated under this subparagraph as the popu-
lation of the State bears to the population of all
States.
‘‘(2) DISTRIBUTION TO LOCAL GOVERNMENTS.—
‘‘(A) IN
GENERAL.—A State receiving a
grant under this title shall ensure that not less
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than 85 percent of the funds received are distrib-
uted to units of local government.
‘‘(B) LIMITATION.—Not more than 2.5 per-
cent of funds received by a State in any grant
year shall be used for costs associated with the
administration and distribution of grant money.
‘‘(d) DISBURSEMENT.—
‘‘(1) IN GENERAL.—The Attorney General shall
issue regulations establishing procedures under which
a State may receive assistance under this title.
‘‘(2) GENERAL REQUIREMENTS FOR QUALIFICA-
TION.—A State qualifies for a payment under this
title for a payment period only if the State establishes
that—
‘‘(A) the State will establish a segregated
account in which the government will deposit all
payments received under this title;
‘‘(B) the State will expend the payments in
accordance with the laws and procedures that
are applicable to the expenditure of revenues of
the State;
‘‘(C) the State will use accounting, audit,
and fiscal procedures that conform to guidelines
that shall be prescribed by the Attorney General
after consultation with the Comptroller General
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of the United States and, as applicable, amounts
received under this title shall be audited in com-
pliance with the Single Audit Act of 1984;
‘‘(D) after reasonable notice to a State, the
State will make available to the Attorney Gen-
eral and the Comptroller General of the United
States, with the right to inspect, records that the
Attorney General or Comptroller General of the
United States reasonably requires to review com-
pliance with this title;
‘‘(E) the State will make such reports as the
Attorney General reasonably requires, in addi-
tion to the annual reports required under this
title; and
‘‘(F) the State will expend the funds only
for the purposes set forth in subsection (a).
‘‘(3) SANCTIONS FOR NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If the Attorney General
finds that a State has not complied substantially
with paragraph (2) or regulations prescribed
under such paragraph, the Attorney General
shall notify the State. The notice shall provide
that if the State does not initiate corrective ac-
tion within 30 days after the date on which the
State receives the notice, the Attorney General
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will withhold additional payments to the State
for the current payment period and later pay-
ment periods. Payments shall be withheld until
such time as the Attorney General determines
that the State—
‘‘(i) has taken the appropriate correc-
tive action; and
‘‘(ii) will comply with paragraph (2)
and the regulations prescribed under such
paragraph.
‘‘(B) NOTICE.—Before giving notice under
subparagraph (A), the Attorney General shall
give the chief executive officer of the State rea-
sonable notice and an opportunity for comment.
‘‘(C) PAYMENT CONDITIONS.—The Attorney
General shall make a payment to a State under
subparagraph (A) only if the Attorney General
determines that the State—
‘‘(i) has taken the appropriate correc-
tive action; and
‘‘(ii) will comply with paragraph (2)
and regulations prescribed under such para-
graph.
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‘‘SEC. 10002. APPLICATIONS.
‘‘(a) The Attorney General shall make grants under
this title only if a State has submitted an application to
the Attorney General in such form, and containing such
information, as is the Attorney General may reasonably
require.
‘‘SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title—
‘‘(1) $2,050,000,000 for fiscal year 1996;
‘‘(2) $2,150,000,000 for fiscal year 1997;
‘‘(3) $1,900,000,000 for fiscal year 1998;
‘‘(4) $1,900,000,000 for fiscal year 1999; and
‘‘(5) $468,000,000 for fiscal year 2000.
‘‘SEC. 10004. LIMITATION ON USE OF FUNDS.
‘‘Funds made available to States under this title shall
not be used to supplant State or local funds, but shall be
used to increase the amount of funds that would, in the
absence of Federal funds received under this title, be made
available from State or local sources.’’.
SEC. 115. VIOLENT OFFENDER INCARCERATION AND TRUTH
IN SENTENCING GRANTS.
Subtitle A of title II of the Violent Crime Control and
Law Enforcement Act of 1994 is amended to read as follows:
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‘‘Subtitle A—Violent Offender In-
carceration and Truth in Sen-
tencing Incentive Grants
‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
‘‘(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to individual States and to States orga-
nized as multi-State compacts to construct, develop, expand,
modify, operate, or improve conventional correctional fa-
cilities, including prisons and jails, for the confinement of
violent offenders, to ensure that prison cell space is avail-
able for the confinement of violent offenders and to imple-
ment truth in sentencing laws for sentencing violent offend-
ers.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this subtitle, a State or States organized as multi-
State compacts shall submit an application to the Attorney
General that includes—
‘‘(1)(A) except as provided in subparagraph (B),
assurances that the State or States, have imple-
mented, or will implement, correctional policies and
programs, including truth in sentencing laws that en-
sure that violent offenders serve a substantial portion
of the sentences imposed, that are designed to provide
sufficiently severe punishment for violent offenders,
including violent juvenile offenders, and that the pris-
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on time served is appropriately related to the deter-
mination that the inmate is a violent offender and for
a period of time deemed necessary to protect the pub-
lic;
‘‘(B) in the case of a State that on the date of
enactment of the Department of Justice Appropria-
tions Act, 1996 practices indeterminant sentencing, a
demonstration that average times served for the of-
fenses of murder, rape, robbery, and assault in the
State exceed by at least 10 percent the national aver-
age of time served for such offenses in all of the
States;
‘‘(2) assurances that the State or States have im-
plemented policies that provide for the recognition of
the rights and needs of crime victims;
‘‘(3) assurances that funds received under this
section will be used to construct, develop, expand,
modify, operate, or improve conventional correctional
facilities;
‘‘(4) assurances that the State or States have in-
volved counties and other units of local government,
when appropriate, in the construction, development,
expansion, modification, operation, or improvement
of correctional facilities designed to ensure the incar-
ceration of violent offenders, and that the State or
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States will share funds received under this section
with counties and other units of local government,
taking into account the burden placed on the units of
local government when they are required to confine
sentenced prisoners because of overcrowding in State
prison facilities;
‘‘(5) assurances that funds received under this
section will be used to supplement, not supplant,
other Federal, State, and local funds;
‘‘(6) assurances that the State or States have im-
plemented, or will implement not later than 18
months after the date of enactment of the Department
of Justice Appropriations Act, 1996, policies to deter-
mine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to
which they are entitled; and
‘‘(7) if applicable, documentation of the multi-
State compact agreement that specifies the construc-
tion, development, expansion, modification, operation,
or improvement of correctional facilities.
‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
‘‘(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty
percent of the total amount of funds appropriated to carry
out this subtitle for each of fiscal years 1996, 1997, 1998,
1999, and 2000 shall be made available for truth in sentenc-
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ing incentive grants. To be eligible to receive such a grant,
a State must meet the requirements of section 20101(b) and
shall demonstrate that the State—
‘‘(1) has in effect laws that require that persons
convicted of violent crimes serve not less than 85 per-
cent of the sentence imposed;
‘‘(2) since 1993—
‘‘(A) has increased the percentage of con-
victed violent offenders sentenced to prison;
‘‘(B) has increased the average prison time
that will be served in prison by convicted violent
offenders sentenced to prison; and
‘‘(C) has in effect at the time of application
laws requiring that a person who is convicted of
a violent crime shall serve not less than 85 per-
cent of the sentence imposed if—
‘‘(i) the person has been convicted on 1
or more prior occasions in a court of the
United States or of a State of a violent
crime or a serious drug offense; and
‘‘(ii) each violent crime or serious drug
offense was committed after the defendant’s
conviction of the preceding violent crime or
serious drug offense; or
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‘‘(3) in the case of a State that on the date of
enactment of the Department of Justice Appropria-
tions Act, 1996 practices indeterminant sentencing, a
demonstration that average times served for the of-
fenses of murder, rape, robbery, and assault in the
State exceed by at least 10 percent the national aver-
age of time served for such offenses in all of the
States.
‘‘(b) ALLOCATION OF TRUTH IN SENTENCING INCEN-
TIVE FUNDS.—The amount available to carry out this sec-
tion for any fiscal year shall be allocated to each eligible
State in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of Investiga-
tion for the previous year bears to the number of part 1
violent crimes reported by all States to the Federal Bureau
of Investigation for the previous year.
‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
‘‘(a) VIOLENT
OFFENDER
INCARCERATION
GRANT
PROGRAM.—Fifty percent of the total amount of funds ap-
propriated to carry out this subtitle for each of fiscal years
1996, 1997, 1998, 1999, and 2000 shall be made available
for violent offender incarceration grants. To be eligible to
receive such a grant, a State or States must meet the re-
quirements of section 20101(b).
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‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCARCER-
ATION FUNDS.—Funds made available to carry out this sec-
tion shall be allocated as follows:
‘‘(1) 0.6 percent shall be allocated to each eligible
State, except that the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands each shall be allocated 0.05 percent.
‘‘(2) The amount remaining after application of
paragraph (1) shall be allocated to each eligible State
in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of In-
vestigation for the previous year bears to the number
of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for the previous year.
‘‘SEC. 20104. RULES AND REGULATIONS.
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of enactment of the Department of Justice Appropria-
tions Act, 1996, the Attorney General shall issue rules and
regulations regarding the uses of grant funds received under
this subtitle.
‘‘(b) BEST AVAILABLE DATA.—If data regarding part
1 violent crimes in any State for the previous year is un-
available or substantially inaccurate, the Attorney General
shall utilize the best available comparable data regarding
the number of violent crimes for the previous year for the
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State for the purposes of allocation of funds under this sub-
title.
‘‘SEC. 20105. DEFINITIONS.
‘‘In this subtitle—
‘‘(1) the term ‘part 1 violent crimes’ means mur-
der and non-negligent manslaughter, forcible rape,
robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the
Uniform Crime Reports;
‘‘(2) the term ‘State’ or ‘States’ means a State,
the District of Columbia, the Commonwealth of Puer-
to Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands;
and
‘‘(3) the term ‘indeterminate sentencing’ means a
system by which the court has discretion in imposing
the actual length of the sentence, up to the statutory
maximum, and an administrative agency, or the
court, controls release between court-ordered mini-
mum and maximum sentence.’’.
‘‘SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle—
‘‘(1) $1,000,000,000 for fiscal year 1996;
‘‘(2) $1,150,000,000 for fiscal year 1997;
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‘‘(3) $2,100,000,000 for fiscal year 1998;
‘‘(4) $2,200,000,000 for fiscal year 1999; and
‘‘(5) $2,270,000,000 for fiscal year 2000.’’.
SEC. 116. Notwithstanding provisions of 41 U.S.C.
353 or any other provision of law, the Federal Prison Sys-
tem may enter into contracts and other agreements with
private entities for the confinement of Federal prisoners for
a period not to exceed 3 years and 7 additional option
years.
SEC. 117. Public Law 101–246 (104 Stat. 42) is
amended by inserting ‘‘or Federal Bureau of Investigation’’
after ‘‘Drug Enforcement Administration’’.
SEC. 118. (a) Except as provided in subsection (b), the
restrictions on the commercial sale of goods and services
produced or provided by the Federal Prison Industries pro-
vided in section 1761 of title 18, United States Code, and
any other provision of law shall not apply.
(b) Goods or services may not be sold commercially
pursuant to subsection (a) unless the President certifies that
the sale of such goods or services will not result in the loss
of jobs in the private sector or adversely effect the sale of
private sector goods or services sold on a local or regional
basis.
(c) This section shall not be construed as authorizing
the appropriations of any additional appropriations.
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SEC. 119. PROVISION RELATING TO VOTER REGISTRA-
TION.—(a) IN GENERAL.—Subsection (b) of section 4 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg–
2(b)) is amended by striking ‘‘March 11, 1993’’ each place
it appears and inserting ‘‘August 1, 1994’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the provisions
of the National Voter Registration Act of 1993.
SEC. 120. (a) GRANTS TO STATES.—(1) The Attorney
General shall make grants to States for the provision of
qualified legal services. To receive a grant under this para-
graph a State shall make an application to the Attorney
General. Such an application shall be in such form and
submitted in such manner as the Attorney General may re-
quire, except that the Attorney General shall not impose a
requirement on an individual or person as a condition to
bidding on a contract under subsection (b) or to being
awarded such a contract which requirement is different
from any other requirement of paragraph (d)(1) of this sec-
tion.
(2) Grants shall be made to States in such proportion
as the number of residents of each State which receives a
grant who live in households having incomes equal to or
less than the poverty line established under section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
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9902(2)) bears to the total number of residents in the
United States living in such households: Provided, That, in
States which have significant numbers of such households
that are also Native American households, grants to such
States shall be equal to an amount that is 140 percent of
the amount such States would otherwise receive under this
paragraph.
(3) Each State may in any fiscal year retain for ad-
ministrative costs not more than 3 percent of the amount
granted to the State under paragraph (1) in such fiscal
year. The remainder of such grant shall be paid under con-
tracts to qualified legal service providers in the State for
the provision in the State of qualified legal services. If a
State which has received a grant under paragraph (1) has
at the end of any fiscal year funds which have not been
obligated, such State shall return such funds to the Attorney
General.
(4) No State may receive a grant under paragraph (1)
unless the State has certified to the Attorney General that
the State will comply with and enforce the requirements
of this section.
(5) None of the funds provided under paragraph (1)
shall be used by a qualified legal service provider—
(A) to make available any funds, personnel, or
equipment for use in advocating or opposing any
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plan or proposal or represent any party or partici-
pate in any other way in litigation, that is intended
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;
(B) to attempt to influence the issuance, amend-
ment, or revocation of any executive order, regulation,
policy or similar promulgation by any Federal, State,
or local agency;
(C) to attempt to influence the passage or defeat
of any legislation, constitutional amendment, referen-
dum, initiative, confirmation proceeding, or any
similar procedure of the Congress of the United States
or by any State or local legislative body;
(D) to support or conduct training programs for
the purpose of advocating particular public policies
or encouraging political activities, labor or anti-labor
activities, boycotts, picketing, strikes, and demonstra-
tions, including the dissemination of information
about such policies or activities;
(E) to participate in any litigation, lobbying,
rulemaking or any other matter with respect to abor-
tion;
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(F) to provide legal assistance to an eligible cli-
ent with respect to a proceeding or litigation in which
the client seeks to obtain a dissolution of a marriage
or a legal separation from a spouse;
(G) to participate in any litigation or provide
any representation on behalf of a local, State, or Fed-
eral prisoner;
(H) to solicit in-person any client for the pur-
pose of providing any legal service;
(I) to pay for any personal service, advertise-
ment, telegram, telephone communication, letter, or
printed or written matter or to pay administrative
expenses or related expenses, associated with an activ-
ity prohibited in this paragraph;
(J) to pay any voluntary membership dues to
any private or non-profit organization; or
(K) to provide any subgrants for the provision of
qualified legal services.
(6) A State which receives a grant under paragraph
(1) and which also distributes State funds for the provision
of legal services or which permits the distribution of interest
on lawyers’ trust accounts for the provision of legal services
shall require that such State funds and such interest on
lawyers’ trust accounts be used to provide qualified legal
services to qualified clients and shall impose on the use of
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such State funds and such interest on lawyers’ trust ac-
counts the limitations prescribed by paragraph (5).
(7) A qualified legal service provider of any qualified
client or any client of such provider may not claim or col-
lect attorneys’ fees from parties to any litigation initiated
by such client.
(b) AWARDING OF CONTRACTS.—(1) Each State which
receives a grant under subsection (a)(1) shall make funds
under the grant available for contracts entered into for the
provision of qualified legal services within the State.
(2)(A) The Governor of each State shall designate the
authority of the State which shall be responsible for solicit-
ing and awarding bids for contracts for the provision of
qualified legal services within such State.
(B) The authority of a State designated under sub-
paragraph (A) shall designate service areas within the
State. Such service areas shall be the counties or parishes
within a State but such authority may combine contiguous
counties or parishes to form a service area to assure the
most efficient provision of qualified legal services within
available funds.
(3) A State shall allocate grant funds for contracts for
the provision of qualified legal services in a service area
on the same basis as grants are made available to States
under subsection (a)(2).
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(4) A State shall award a contract for the provision
of qualified legal services in a service area to the applicant
who is best qualified, as determined by the State, and who
in its bid offers to provide, in accordance with subsection
(c), the greatest number of hours of qualified legal services
in such area.
(5) A State contract awarded under paragraph (4)
shall be in such form as the State requires. The contract
shall provide for the rendering of bills supported by time
records at the close of each month in which qualified legal
services are provided. A State shall make payment to a
qualified legal service provider at the contact rate only for
hours of qualified legal services provided and supported by
appropriate records. The contract rate shall be the total dol-
lar amount of the contract divided by the total hours bid
by the qualified legal service provider. A State shall have
60 days to make full payment of such bills.
(c) REQUIREMENTS FOR THE PROVISION OF QUALI-
FIED LEGAL SERVICES UNDER A CONTRACT.—(1) The term
of a contract entered into under subsection (b) shall be not
more than 1 year.
(2) A qualified legal service provider shall service the
legal needs of qualified clients under a contract entered into
under subsection (b) in a professional manner consistent
with applicable law.
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(3) A qualified legal service provider shall maintain
a qualified client’s case file, including any pleadings and
research, at least until the later of 5 years after the resolu-
tion of client’s cause of action or 5 years after the termi-
nation of the contract under which services were provided
to such client.
(4) A qualified legal service provider shall keep daily
time records of the provision of services to a qualified client
in one tenth of an hour increments identifying such client,
the general nature of the work performed in each increment,
and the account which will be charged for such work.
(5) Each qualified client shall be provided a self-mail-
ing customer satisfaction questionnaire in a form approved
by the authority granting the contract under subsection (b)
which identifies the qualified legal service provider and is
preaddressed to such authority.
(6) Any qualified client who receives legal services
other than advice or legal services provided by mail or tele-
phone shall execute with respect to such services a waiver
of attorney client and attorney work product privilege as
a condition to receiving such service. The waiver shall be
limited to the extent necessary to determine the quantity
and quality of the service rendered by the qualified legal
service provider.
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(7) A qualified legal service provider shall make and
maintain records detailing the basis upon which the pro-
vider determined the qualifications of qualified clients.
Such records shall be made and maintained for 5 years fol-
lowing the termination of a contract under subsection (b)
for the provision of legal services to such clients.
(8) A qualified legal service provider shall consent to
audits by the General Accounting Office, the Attorney Gen-
eral, and the authority which awarded a contract to such
provider. Any such audit may be conducted at the provid-
er’s principal place of business. Such an audit shall be lim-
ited to a determination of whether such provider is meeting
the requirements of this Act and the provider’s contract
under subsection (b). In addition, a qualified legal service
provider shall conduct an annual financial audit by a
qualified certified public accountant which encompasses the
entire term of a contract awarded under subsection (b), and
shall transmit a report of such audit to the authority which
awarded a contract to such provider within 60 days of the
termination of such contract.
(9) A contract awarded under subsection (b) shall re-
quire that all funds received by the qualified legal services
provider from any source be used exclusively to provide
qualified legal services to qualified clients and shall impose
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on the use of such funds the limitations prescribed by para-
graph (a)(5).
(10) The authority which awarded a contract shall ter-
minate a qualified legal service provider who fails to abide
by the terms of this section. A breach of contract by a quali-
fied legal service provider shall require the authority to ter-
minate the contract, to award a new contract to a different
qualified legal services provider, and to recover any funds
improperly expended by the provider, together with reason-
able attorneys’ fees and interest at the statutory rate in the
State for interest on judgments. If such a breach was willful,
the provider shall pay to the authority which awarded the
contract additional damages equal to the one half of the
amount improperly expended by the provider.
(d) For purposes of this section:
(1)(A) The term ‘‘qualified legal service pro-
vider’’ means—
(i) any individual who is licensed to prac-
tice law in a State for not less than 3 calendar
years, who has practiced law in such State not
less than 3 calendar years, and who is so li-
censed during the period of a contract under sub-
section (b); or
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nal charge pending on the date of the submission
of a bid for a contract under subsection (b).
(C) No State may impose a requirement on an
individual or person as a condition to bidding on a
contract under subsection (b) or to being awarded
such a contract which requirement is different from
any other requirement of this paragraph.
(2) The term ‘‘qualified legal services’’ means—
(A) mediation, negotiation, arbitration,
counseling, advice, instruction, referral, or rep-
resentation, and
(B) legal research or drafting in support of
the services described in subparagraph (A), pro-
vided by or under the supervision of a qualified
legal service provider to a qualified client for a
qualified cause of action.
(3) The term ‘‘qualified client’’ means any indi-
vidual who is a United States citizen or an alien ad-
mitted for permanent residence prior to the date of
enactment of this Act who resides in a household the
income of which from any source, which was received
or held for the benefit of a member of the household,
was equal to or less than the poverty line established
under section 673(2) of the Community Services Block
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Grant Act (42 U.S.C. 9902(2)). The term ‘‘household’’
means a dwelling occupied by at least one adult.
(4)(A) The term ‘‘qualified cause of action’’
means only a civil cause of action which results only
from—
(i) landlord and tenant disputes, including
an eviction from housing except an eviction
where the prima facie case for the eviction is
based on criminal conduct, including the harbor-
ing of a nuisance who has engaged in criminal
conduct;
(ii) foreclosure of a debt on a qualified cli-
ent’s residence;
(iii) the filing of a petition under chapter
7 or 12 of title 11, United States Code, or under
chapter 13 of such title unless a petition of evic-
tion has preceded the filing of such petition;
(iv) enforcement of a debt;
(v) enforcement of child support orders;
(vi) action to quiet title;
(vii) spousal or child abuse on behalf of the
abused party;
(viii) an insurance claim;
(ix) competency hearing; or
(x) probate.
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(B) Such term does not include—
(i) a class action under Federal, State, or
local law; or
(ii) any challenge to the constitutionality of
any statute.
(5) The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Trust Territory of the Pacific
Islands, and any other territory or possession of the
United States and includes any recognized governing
body of an Indian Tribe or Alaskan Native Village
that carries out substantial governmental powers and
duties.
(e)(1) The Legal Services Corporation Act (42 U.S.C.
2996 et seq.) is repealed.
(2) The assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising
from, available to, or to be made available in connection
with the Legal Services Corporation shall be transferred to
Office of the Attorney General.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1996’’.
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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, $20,949,000
$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 ex-
penses.
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, $42,500,000 $34,000,000, to remain available until
expended.
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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
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and teletype equipment; $264,885,000 $219,579,000, to
remain 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 without regard to 15
U.S.C. 4912; and that for the purpose of this Act, con-
tributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for as-
sessments 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-
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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; 
$38,644,000
$30,504,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities.
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
$89,000,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading
may be used directly or indirectly for attorneys’ or consult-
ants’ fees in connection with securing grants and contracts
made by the Economic Development Administration: Pro-
vided further, That, notwithstanding any other provision
of law, the Secretary of Commerce may provide financial
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assistance for projects to be located on military installa-
tions closed or scheduled for closure or realignment to
grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended,
without it being required that the grantee have title or
ability to obtain a lease for the property, for the useful
life of the project, when in the opinion of the Secretary
of Commerce, such financial assistance is necessary for
the economic development of the area: Provided further,
That the Secretary of Commerce may, as the Secretary
considers appropriate, consult with the Secretary of De-
fense 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 $11,000,000: Provided, That these funds
may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, as
amended, title II of the Trade Act of 1974, as amended,
and the Community Emergency Drought Relief Act of
1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority
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business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $32,000,000.
Of the unobligated balances contained in this account,
$1,000,000 shall be transferred to the Commerce Reorga-
nization Transition Fund.
UNITED STATES TRAVEL AND TOURISM
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the United States Travel
and Tourism Administration for participation in the White
House Conference on Travel and Tourism, $2,000,000, to
remain available until December 31, 1995: Provided, That
none of the funds appropriated by this paragraph shall
be available to carry out the provisions of section 203(a)
of the International Travel Act of 1961, as amended.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $40,000,000 $57,220,000, to remain avail-
able until September 30, 1997.
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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, $136,000,000 $144,812,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statis-
tics for periodic censuses and programs provided for by
law, $135,000,000 $193,450,000, 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-
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ministration, $19,709,000 $5,000,000, to remain available
until expended: Provided, That notwithstanding 31 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, engi-
neering, 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.
(TRANSFER OF FUNDS)
For spectrum management, $9,000,000 shall be made
available until expended to be derived by transfer from un-
obligated balances of the Working Capital Fund in the De-
partment of Justice.
PUBLIC BROADCASTING FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $19,000,000
$10,000,000, to remain available until expended as author-
ized 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
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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, $40,000,000, to re-
main available until expended as authorized by section 391
of the Act, as amended: Provided, That not to exceed
$4,000,000 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-
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tuted against the Commissioner of Patents and Trade-
marks; $90,000,000 $56,324,000, to remain available until
expended: Provided, That the funds made available under
this heading are to be derived from deposits in the Patent
and Trademark Office Fee Surcharge Fund as authorized
by law: Provided further, That the amounts made available
under the Fund shall not exceed amounts deposited; and
such fees as shall be collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, shall remain available until
expended.
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, $263,000,000 $222,737,000,
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 and the Advanced Technology Program,
$81,100,000 $76,600,000, to remain available until ex-
pended, 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
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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 $24,000,000,
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
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33 U.S.C. 883i; $1,724,452,000 $1,809,092,000, to remain
available until expended: Provided, That notwithstanding
31 U.S.C. 3302 but consistent with other existing law,
fees shall be assessed, collected, and credited to this appro-
priation as offsetting collections to be available until ex-
pended, to recover the costs of administering aeronautical
charting programs: Provided further, That the sum herein
appropriated 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 esti-
mated at not more than $1,721,452,000 $1,806,092,000:
Provided further, That any such additional fees received
in excess of $3,000,000 in fiscal year 1996 shall not be
available for obligation until October 1, 1996: Provided
further, That fees and donations received by the National
Ocean Service 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,
$57,500,000 $55,500,000 shall be derived by transfer from
the fund entitled ‘‘Promote and Develop Fishery Products
and Research Pertaining to American Fisheries’’: Pro-
vided 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.
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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(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, $42,731,000 $50,000,000, to remain avail-
able until expended.
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.
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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 authorized
by the Merchant Marine Act of 1936, as amended, $250,000:
Provided, That none of the funds made available under this
heading may be used to guarantee loans for the purchase
of any new or existing fishing vessel.
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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), $21,849,000.
COMMERCE REORGANIZATION TRANSITION FUND
For deposit in the Commerce Reorganization Transi-
tion Fund established under section 206(c)(1) of this Act
for use in accordance with section 206(c)(4) of this Act,
$52,000,000, in addition to amounts made available by
transfer, which amount shall remain available until ex-
pended: Provided, That of these funds $4,000,000 shall be
remitted to the Office of Personnel Management for deposit
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in the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
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.
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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. CONSOLIDATION OF FUNCTIONS OF COMMERCE
DEPARTMENT.
(a) CONSOLIDATION.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the Director of the Office of Manage-
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ment and Budget shall, in consultation with the Sec-
retary of Commerce—
(A) abolish, reorganize, consolidate, or
transfer such functions that either receive fund-
ing or are eliminated under this title as the Di-
rector considers appropriate in order to meet the
requirements and limitations set forth in this
title; and
(B) terminate or transfer such personnel as-
sociated with such functions as the Director con-
siders appropriate in order to meet such require-
ments and limitations.
(2) TRANSITION RULES.—The Director of the Of-
fice of Management and Budget shall establish such
rules and procedures relating to the abolishment, reor-
ganization, consolidation, or transfer of functions
under this subsection as the Director considers appro-
priate, including rules and procedures relating to the
rights and responsibilities of personnel of the Govern-
ment terminated, transferred, or otherwise affected by
such the abolishment, reorganization, consolidation,
or transfer.
(b) BUY OUT AUTHORITY.—
(1) IN GENERAL.—The Secretary of Commerce
may, for such officers and employees as the Secretary
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considers appropriate as part of the activities of the
Secretary under subsection (a), authorize a payment
to officers and employees who voluntarily separate on
or before December 15, 1995, whether by retirement or
resignation.
(2) PAYMENT
REQUIREMENT.—Payment under
paragraph (1) shall be paid in accordance with the
provisions of sections 3 and 4 of the Federal
Workforce Restructuring Act of 1994 (Public Law
103–226; 108 Stat. 111), except that an employee of
the agency shall be deemed to be eligible for payment
of a voluntary separation incentive payment under
that section if the employee separates from service
with the agency during the period beginning on the
date of enactment of this Act and ending on December
15, 1995.
(3) FUNDING.—
(A) IN
GENERAL.—The payment of vol-
untary separation incentive payments under this
subsection shall be made from funds in the Com-
merce Reorganization Transition Fund estab-
lished under subsection (c).
(B) PAYMENT DEPENDENT ON FUNDING.—
The Secretary of Commerce may not pay vol-
untary separation incentive payments under this
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subsection unless sufficient funds are available in
the Commerce Reorganization Fund to cover the
cost of such payments and the costs of any other
payments (including payments or deposits to re-
tirement systems) required in relation to such
payments.
(c) 
COMMERCE
REORGANIZATION
TRANSITION
FUND.—
(1) ESTABLISHMENT.—There is hereby estab-
lished on the books of the Treasury an account to be
known as the ‘‘Commerce Reorganization Transition
Fund’’.
(2) PURPOSE.—The purpose of the account is to
provide funds for the following:
(A) To cover the costs of actions relating to
the abolishment, reorganization, consolidation, or
transfer of functions under subsection (a).
(B) To the cover the costs of the payment of
payments under subsection (b), including any
payments or deposits to retirement systems re-
quired in relation to such payment.
(3) DEPOSITS.—There shall be deposited into the
account such sums as may be appropriated or trans-
ferred to the account.
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(4) USE OF FUNDS.—Sums in the account shall
be available for the purpose set forth in paragraph
(2).
(5) REPORT ON ACCOUNT.—Not later than Octo-
ber 1, 1997, the Secretary of Commerce shall transmit
to the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate and the
Committees on Appropriations and Government Re-
form and Oversight of the House of Representatives a
report containing an accounting of the expenditures
from the account established under this subsection.
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
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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
$565,000 shall remain available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other offi-
cers and employees, and for necessary expenses of the
court, as authorized by law, $14,070,000 $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-
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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, $2,409,024,000
$2,471,195,000 (including the purchase of firearms and
ammunition); of which not to exceed $13,454,000 shall re-
main available until expended for space alteration projects;
of which not to exceed $10,000,000 shall remain available
until expended for furniture and furnishings related to
new space alteration and construction projects; and of
which $500,000 is to remain available until expended for
acquisition of books, periodicals, and newspapers, and all
other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court
of Federal Claims associated with processing cases under
the National 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, $41,500,000 $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.
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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), $260,000,000 $274,433,000, to remain available
until expended as authorized by 18 U.S.C. 3006A(i): Pro-
vided, That none of the funds provided in this Act shall
be available for Death Penalty Resource Centers or Post-
Conviction Defender Organizations after April 1, 1996.
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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);
$109,724,000 $102,000,000, to be expended directly or
transferred to the United States Marshals Service which
shall be responsible for administering elements of the Ju-
dicial Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
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Office of the United States Courts and the Attorney Gen-
eral.
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, $18,828,000
$17,000,000; of which $1,800,000 shall remain available
through September 30, 1997, to provide education and
training to Federal court personnel; and of which not to
exceed $1,000 is authorized for official reception and rep-
resentation 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,
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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 $7,040,000, of which not to exceed
$1,000 is authorized for official reception and representa-
tion 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 as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
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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.
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
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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 $1,716,878,000 $1,552,165,000:
Provided, 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 (DTS), except that such latter amount
shall not be available for obligation until the expiration
of the 15-day period beginning on the date on which the
Secretary of State and the Director of the Diplomatic
Telecommunications Service Program Office submit the
DTS pilot program report required by section 507 of Pub-
lic 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
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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 Department
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 enhancement
enhancements, to counter the threat of terrorism,
$9,720,000, to remain available until expended.
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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 $335,276,000.
For an additional amount for security enhancements
to counter the threat of terrorism, $1,870,000, to remain
available until expended.
FOREIGN AFFAIRS REORGANIZATION TRANSITION FUND
For deposit in the Foreign Affairs Reorganization
Transition Fund established under section 404(c)(1) of this
Act for use in accordance with section 404(c)(4) of this Act,
$26,000,000 to remain available until expended: Provided,
That of these funds, $3,000,000 shall be remitted to the Of-
fice of Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service Retire-
ment and Disability Fund: Provided further, That of these
funds $1,000,000 shall be remitted to the Office of Personnel
Management for deposit in the Treasury of the United
States to the credit of the Foreign Service Retirement and
Disability Fund.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $16,400,000 $8,200,000, to remain available until
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expended, as authorized in Public Law 103–236: Provided,
That section 135(e) of Public Law 103–236 shall not
apply to funds appropriated under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App.),
$27,669,000 $27,350,000: Provided, That notwithstanding
any other provision of law, (1) the Office of the Inspector
General of the United States Information Agency is here-
by merged with the Office of the Inspector General of the
Department of State; (2) the functions exercised and as-
signed to the Office of the Inspector General of the United
States Information Agency before the effective date of this
Act (including all related functions) are transferred to the
Office of the Inspector General of the Department of
State; and (3) the Inspector General of the Department
of State shall also serve as the Inspector General 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), $4,780,000 $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
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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.
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
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),
$391,760,000 $369,860,000, to remain available until ex-
pended as authorized by 22 U.S.C. 2696(c): Provided,
That none of the funds appropriated in this paragraph
shall be available for acquisition of furniture and furnish-
ings 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.
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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, $858,000,000
$550,000,000: Provided, That any payment of arrearages
shall be directed toward special activities that are mutually
agreed upon by the United States and the respective inter-
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national organization: Provided further, That 20 percent
of the funds appropriated in this paragraph for the as-
sessed contribution of the United States to the United Na-
tions shall be withheld from obligation and expenditure
until a certification is made under section 401(b) of Public
Law 103–236 for fiscal year 1996: Provided further, That
certification under section 401(b) of Public Law 103–236
for fiscal year 1996 may only be made if the Committees
on Appropriations and Foreign Relations of the Senate
and the Committees on 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 available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Govern-
ment 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, $425,000,000 $250,000,000: Provided, That none
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of the funds made available under this Act may be used,
and shall not be available, for obligation or expenditure
for any new or expanded United Nations peacekeeping
mission unless, at least fifteen days in advance of voting
for the new or expanded mission in the United Nations
Security Council (or in an emergency, as far in advance
as is practicable), (1) the Committees on Appropriations
of the House of Representatives and the Senate and other
appropriate Committees of the Congress are notified of the
estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy;
and (2) a reprogramming of funds pursuant to section 605
of this Act is submitted, and the procedures therein fol-
lowed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Pro-
vided further, That funds shall be available for peacekeep-
ing expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that
American manufacturers and suppliers are being given op-
portunities 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-
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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,
$12,358,000 $11,500,000.
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CONSTRUCTION
For detailed plan preparation and construction of au-
thorized projects, $6,644,000 $8,000,000, to remain avail-
able until expended 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 $5,550,000, of which not to exceed
$9,000 shall be available for representation expenses in-
curred 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.
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized
by section 501 of Public Law 101–246, $10,000,000 to
remain available until expended as authorized by 22
U.S.C. 2696(c).
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GENERAL PROVISIONS—DEPARTMENT OF STATE
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.
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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. CONSOLIDATION OF REDUNDANT FOREIGN RELA-
TIONS FUNCTIONS.
(a) CONSOLIDATION OF FUNCTIONS.—
(1) CONSOLIDATION
OF
FUNCTIONS
OF
STATE
DEPARTMENT, 
USIA, 
AND
ACDA.—Notwithstanding
any other provision of law, the Director of the Office
of Management and Budget shall, in consultation
with the Secretary of State, the Director of the United
States Information Agency and the Director of the
Arms Control and Disarmament Agency—
(A) identify the functions carried out by the
Department of State, by the United States Infor-
mation Agency, and the Arms Control and Dis-
armament Agency that are redundant by reason
of being carried out, in whole or in part, by two
or more of these entities; and
(B) take appropriate actions to eliminate
the redundancy in such functions.
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(2) SCOPE OF CONSOLIDATION.—In carrying out
the requirements of paragraph (1), the Director of the
Office of Management and Budget may provide for
the discharge of functions of the entities referred to in
such paragraph by a single office within one of the
entities.
(3) ADDITIONAL CONSOLIDATION AUTHORITY.—
In addition to the actions under paragraphs (1) and
(2), the Director of the Office of Management and
Budget may also carry out such other actions to con-
solidate and reorganize the functions of the Depart-
ment of State, the United States Information Agency,
and the United States Arms Control and Disar-
mament Agency as the Director and the heads of such
entities consider appropriate to ensure the effective
and efficient discharge of the responsibilities of such
entities.
(4) ACTIONS AUTHORIZED.—The actions that the
Director of the Office of Management and Budget
may take under this subsection include the following:
(A) The abolishment, reorganization, con-
solidation, or transfer of functions (in whole or
in part).
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(B) The termination or transfer of the per-
sonnel associated with functions so abolished, re-
organized, consolidated, or transferred.
(5) TRANSITION RULES.—The Director of the Of-
fice of Management and Budget shall establish such
rules and procedures relating to the consolidation of
foreign relations functions under this subsection as
the Director considers appropriate, including rules
and procedures relating to the rights and responsibil-
ities of personnel of the Government terminated,
transferred, or otherwise affected by actions to carry
out the consolidation.
(b) VOLUNTARY SEPARATION INCENTIVES.—
(1) AUTHORITY TO PAY INCENTIVES.—The head
of an agency referred to in paragraph (2) may pay
voluntary incentive payments to employees of the
agency in order to avoid or minimize the need for in-
voluntary separations from the agency as a result of
the consolidation of foreign relations functions under
subsection (a).
(2) COVERED AGENCIES.—Paragraph (1) applies
to the following agencies:
(A) The Department of State.
(B) The United States Information Agency.
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(C) The United States Arms Control and
Disarmament Agency.
(3) PAYMENT REQUIREMENTS.—
(A) IN GENERAL.—The head of an agency
referred to in paragraph (2) shall pay voluntary
separation incentive payments under this sub-
section in accordance with the provisions of sec-
tions 3 and 4 of the Federal Workforce Restruc-
turing Act of 1994 (Public Law 103–226; 108
Stat. 111), except that an employee of the agency
shall be deemed to be eligible for payment of a
voluntary separation incentive payment under
that section if the employee separates from serv-
ice with the agency during the period beginning
on the date of enactment of this Act and ending
on December 15, 1995.
(B) SUBSEQUENT EMPLOYMENT WITH GOV-
ERNMENT.—The provisions of subsection (d) of
such section 3 shall apply to any employee who
is paid a voluntary separation incentive pay-
ment under this subsection.
(4) FUNDING.—
(A) IN
GENERAL.—The payment of vol-
untary separation incentive payments under this
subsection shall be made from funds in the For-
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eign Affairs Reorganization Transition Fund es-
tablished under subsection (c).
(B) EXERCISE OF AUTHORITY DEPENDENT
ON FUNDING.—The head of an agency may not
pay voluntary separation incentive payments
under this subsection unless sufficient funds are
available in the Foreign Affairs Reorganization
Fund to cover the cost of such payments and the
costs of any other payments (including payments
or deposits to retirement systems) required in re-
lation to such payments.
(5) TERMINATION OF AUTHORITY.—The author-
ity of the head of an agency to authorize payment of
voluntary separation incentive payments under this
subsection shall expire on December 15, 1995.
(c) FOREIGN AFFAIRS REORGANIZATION TRANSITION
FUND.—
(1) ESTABLISHMENT.—There is hereby estab-
lished on the books of the Treasury an account to be
known as the ‘‘Foreign Affairs Reorganization Tran-
sition Fund’’.
(2) PURPOSE.—The purpose of the account is to
provide funds for the following:
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(A) To cover the costs of actions relating to
the consolidation of redundant foreign relations
functions that are taken under subsection (a).
(B) To the cover the costs to the Government
of the payment of voluntary separation incentive
payments under subsection (b), including any
payments or deposits to retirement systems re-
quired in relation to such payment.
(3) DEPOSITS.—There shall be deposited into the
account such sums as may be appropriated to the ac-
count.
(4) USE OF FUNDS.—Sums in the account shall
remain available until expended for the purpose set
forth in paragraph (2).
(5) REPORT ON ACCOUNT.—Not later than No-
vember 15, 1996, the Secretary of State shall transmit
to the Committees on Appropriations and Foreign Re-
lations of the Senate and the Committees on Appro-
priations and International Relations of the House of
Representatives a report containing an accounting
of—
(A) the expenditures from the account estab-
lished under this subsection; and
(B) in the event of any transfer of funds to
the Department of State under paragraph (5),
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the functions for which the funds so transferred
are to be expended.
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, $40,000,000 $22,700,000, of which not to exceed
$50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961,
as amended (22 U.S.C. 2551 et seq.).
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary
to enable the United States Information Agency, as 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-
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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 $420,000,000: Provided, That not
to exceed $1,400,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085: Pro-
vided further, That not to exceed $7,615,000 to remain
available until expended, may be credited to this appro-
priation 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 construc-
tion and related improvements for agency facilities not
physically located together with Department of State fa-
cilities 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
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Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000
$3,050,000, to remain available until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange
programs, as authorized by the Mutual Educational and
Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), and Reorganization Plan No. 2 of 1977 (91
Stat. 1636), $192,090,000 $190,000,000, to remain avail-
able until expended 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.
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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 Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, the United
States International Broadcasting Act of 1994, as amend-
ed, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities; $341,000,000
$330,191,000, 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 authorized
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by 22 U.S.C. 1474(3), not to exceed $35,000 may be used
for representation abroad as authorized by 22 U.S.C.
1452 and 4085, and not to exceed $39,000 may be used
for official reception and representation expenses of Radio
Free Europe/Radio Liberty; and in addition, not to exceed
$250,000 from fees as authorized by section 810 of the
United States Information and Educational Exchange Act
of 1948, as amended, to remain available until expended
for carrying out authorized purposes:–Provided, That
funds provided for broadcasting to Cuba may be used for
the purchase, rent, construction, and improvement of fa-
cilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for
radio and television transmission and reception.
BROADCASTING TO CUBA
For expenses necessary to enable the United States In-
formation 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, in-
cluding the purchase, rent, construction, and improvement
of facilities for radio and television transmission and recep-
tion, and purchase and installation of necessary equipment
for radio and television transmission and reception,
$24,809,000 to remain available until expended: Provided,
That funds may be used to purchase or lease, maintain,
and operate such aircraft (including aerostats) as may be
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required to house and operate necessary television broad-
casting equipment.
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 22 U.S.C. 1471,
$70,164,000 $40,000,000, to remain available until ex-
pended as authorized 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 Between
East and West Act of 1960 (22 U.S.C. 2054–2057), by grant
to the Center for Cultural and Technical Interchange Be-
tween East and West in the State of Hawaii, $10,000,000:
Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract pro-
viding for the payment thereof, in excess of the rate author-
ized 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
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the North/South Center, $1,000,000, to remain available
until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information
Agency to the National Endowment for Democracy as au-
thorized by the National Endowment for Democracy Act,
$30,000,000, to remain available until expended.
This title may be cited as the ‘‘Department of State
and Related Agencies Appropriations Act, 1996’’.
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.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $64,600,000 $68,600,000, to re-
main available until expended: Provided, That notwith-
standing any other provision of law, the Secretary of
Transportation may use proceeds derived from the sale or
disposal of National Defense Reserve Fleet vessels that
are currently collected and retained by the Maritime Ad-
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ministration, to be used for facility and ship maintenance,
modernization and repair, conversion, acquisition of equip-
ment, and fuel costs necessary to maintain training at the
United States Merchant Marine Academy and State mari-
time academies: Provided further, That reimbursements
may be made to this appropriation from receipts to the
‘‘Federal Ship Financing Fund’’ for administrative ex-
penses 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, $48,000,000, 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 For administrative expenses to carry
out the guaranteed loan program, not to exceed
$4,000,000 $2,000,000, which shall be transferred to and
merged with the appropriation for Operations and Train-
ing.
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ADMINISTRATIVE PROVISIONS—MARITIME
ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection
with any lease, contract, or occupancy involving Govern-
ment property under control of the Maritime Administra-
tion, and payments received therefor shall be credited to
the appropriation charged with the cost thereof: Provided,
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 limitations contained in this Act or in
any prior appropriation Act, and all receipts which other-
wise would be deposited to the credit of said fund shall
be covered into the Treasury as miscellaneous receipts.
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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,
$8,500,000 $9,000,000: Provided, That not to exceed
$50,000 may be used to employ consultants: Provided fur-
ther, 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 ex-
clusive 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-
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gration Act of 1990, $2,377,000 $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
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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 structures;
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;
$185,232,000
$166,185,000, of which not to exceed
$300,000 shall remain 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 section 9 of title I of the Com-
munications Act of 1934, as amended, and shall be re-
tained and used for necessary expenses in this appropria-
tion, 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 appro-
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priation estimated at $68,832,000 $49,785,000: 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 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 
U.S.C. 
5901–02; 
$15,000,000
$14,855,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation ex-
penses.
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; $82,928,000 $63,142,000: Provided, That
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not to exceed $3,000,000 shall be available for use to con-
tract with a person or persons for collection services in ac-
cordance with the terms of 31 U.S.C. 3718, as amended:
Provided further, That notwithstanding any other provi-
sion of law, not to exceed $48,262,000 of offsetting collec-
tions derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improve-
ments Act of 1976 (15 U.S.C. 18(a)) shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further,
That the sum herein appropriated from the General Fund
shall be reduced as such offsetting collections are received
during fiscal year 1996, so as to result in a final fiscal
year 1996 appropriation from the General Fund estimated
at not more than $34,666,000 $14,880,000, to remain
available until expended: Provided further, That any fees
received in excess of $48,262,000 in fiscal year 1996 shall
remain available until expended, but shall not be available
for obligation until October 1, 1996: Provided further,
That none of the funds made available to the Federal
Trade Commission shall be available for obligation for ex-
penses authorized by section 151 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 (Public
Law 102–242, 105 Stat. 2282–2285).
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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
$265,000,000 is for basic field programs; $8,000,000 is
for
the
Office
of
the
Inspector
General,
of
which
$5,750,000 shall be used to contract with independent au-
diting agencies for annual financial and program audits
of all grantees in accordance with Office of Management
and Budget Circular A–133; and $5,000,000 is for man-
agement and administration.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 501. Funds appropriated under this Act to the
Legal Services Corporation shall be distributed as follows:
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(1) The Corporation shall define geographic
areas and funds available for each geographic area
shall be on a per capita basis pursuant to the num-
ber of poor people determined by the Bureau of the
Census to be within that geographic area: Provided,
That funds for a geographic area may be distributed
by the Corporation to one or more persons or enti-
ties eligible for funding under section 1006(a)(1)(A)
of the Legal Services Corporation Act, subject to
sections 502 and 504 of this Act.
(2) The amount of the grants from the Cor-
poration and of the contracts entered into by the
Corporation in accordance with paragraph (1) shall
be an equal figure per poor person for all geographic
areas, based on the most recent decennial census of
population conducted pursuant to section 141 of title
13, United States Code.
SEC. 502. None of the funds appropriated in this Act
to the Legal Services Corporation shall be used by the
Corporation in making grants or entering into contracts
for the provision of legal assistance unless the Corporation
ensures that the person or entity receiving funding to pro-
vide such legal assistance is—
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(1) a private attorney or attorneys admitted to
practice in one of the States or the District of Co-
lumbia;
(2) a qualified nonprofit organization chartered
under the laws of one of the States or the District
of Columbia, a purpose of which is furnishing legal
assistance to eligible clients, the majority of the
board of directors or other governing body of which
is comprised of attorneys who are admitted to prac-
tice in one of the States or the District of Columbia
and who are appointed to terms of office on such
board or body by the governing bodies of State,
county, or municipal bar associations the member-
ship of which represents a majority of the attorneys
practicing law in the locality in which the organiza-
tion 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); or
(4) a substate regional planning or coordination
agency which is composed of a substate area whose
governing board is controlled by locally elected offi-
cials.
SEC. 503. None of the funds appropriated in this Act
to the Legal Services Corporation for grants or contracts
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to basic field programs may be obligated unless such
grants or contracts are awarded on a competitive basis:
Provided, That not later than sixty days after enactment
of this Act, the Legal Services Corporation shall promul-
gate regulations to implement a competitive selection proc-
ess: Provided further, That such regulations shall include,
but not be limited to, the following selection criteria:
(1) The 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 those needs.
(2) The quality, feasibility, and cost effective-
ness of plans submitted by the applicant for the de-
livery of legal assistance to the eligible clients to be
served.
(3) The experiences of the Corporation with the
applicant, if the applicant has previously received fi-
nancial assistance from the Corporation, including
the applicant’s record of past compliance with Cor-
poration policies, practices, and restrictions:
Provided further, That, such regulations shall ensure that
timely notice for the submission of applications for awards
is published in periodicals of local and State bar associa-
tions and in at least one daily newspaper of general cir-
culation in the area to be served by the person or entity
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receiving the award: Provided further, No person or entity
that was previously awarded a grant or contract by the
Legal Services Corporation for the provision of legal as-
sistance may be given any preference in the competitive
selection process: Provided further, That 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. None of the funds appropriated in this Act
to the Legal Services Corporation may be used to provide
financial assistance to any person or entity—
(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
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 similar promulgation by any Federal,
State, or local agency;
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(3) that attempts to influence any decision by
a Federal, State, or local agency, except when legal
assistance is provided by an employee of a grantee
to an eligible client on a particular application,
claim, or case, which directly involves the client’s
legal rights or responsibilities, and which does not
involve the issuance, amendment, or revocation of
any agency promulgation described in paragraph (2);
(4) that attempts to influence the passage or
defeat of any legislation, constitutional amendment,
referendum, initiative, or any similar procedure of
the Congress of the United States, or by any 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,
printed or written matter, administrative expenses,
or related expenses, associated with an activity pro-
hibited in paragraph (1), (2), (3), (4), or (5);
(7) that brings a class action suit against the
Federal Government or any State or local govern-
ment;
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(8) that files a complaint or otherwise pursues
litigation
against
a
defendant,
or
engages
in
precomplaint settlement negotiations with a prospec-
tive defendant, unless—
(A) all plaintiffs have been specifically
identified, by name, in any complaint filed for
purposes of litigation; and
(B) a statement or statements of facts
written in English and, if necessary, in a lan-
guage which the plaintiffs understand, which
enumerate the particular facts known to the
plaintiffs on which the complaint is based, have
been signed by the plaintiffs (including named
plaintiffs in a class action), are kept on file by
the person or entity provided financial assist-
ance by the Corporation, and are made avail-
able to any Federal department or agency that
is auditing the activities of the Corporation or
of any recipient, and to any auditor receiving
Federal funds to conduct such auditing, includ-
ing 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-
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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
shall have access to the statement of facts referred
to in subparagraph (B) only through the discovery
process after litigation has begun;
(9) unless, after January 1, 1996, and prior to
the provision of financial assistance—
(A) the governing board of a person or en-
tity receiving financial assistance provided by
the Legal Services Corporation has set specific
priorities
in
writing,
pursuant
to
section
1007(a)(2)(C)(i) of the Legal Services Corpora-
tion Act, of the types of matters and cases to
which the staff of the nonprofit organization
shall devote its time and resources; and
(B) the staff of such person or entity re-
ceiving financial assistance provided by the
Legal Services Corporation has signed a written
agreement not to undertake cases or matters
other than in accordance with the specific prior-
ities set by such governing board, except in
emergency situations defined by such board and
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in accordance with such board’s written proce-
dures for such situations:
Provided, That the staff of such person or entity re-
ceiving financial assistance provided by the Legal
Services Corporation shall provide to their respective
governing board on a quarterly basis, and to the
Corporation on an annual basis, all cases undertaken
other than those in accordance with such priorities:
Provided further, That not later than 30 days after
enactment of this Act, the Corporation shall promul-
gate a suggested list of priorities which boards of di-
rectors may use in setting priorities under this para-
graph;
(10) unless, prior to receiving financial assist-
ance provided by the Legal Services Corporation,
such person or entity agrees to maintain records of
time spent on each case or matter with respect to
which that person or entity is engaged in activities:
Provided, That any non-Federal funds received by
any person or entity provided financial assistance by
the Corporation shall be accounted for and reported
as receipts and disbursements separate and distinct
from Corporation funds: Provided further, That such
person or entity receiving financial assistance pro-
vided by the Corporation agrees (notwithstanding
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section 1009(d) of the Legal Services Corporation
Act) to make such records described in this para-
graph available to any Federal department, or agen-
cy or independent auditor receiving Federal funds to
conduct an audit of the activities of the Corporation
or recipient receiving funding under this Act;
(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 is either married to a
United States citizen or is a parent or an un-
married child under the age of twenty-one years
of such a citizen and who has filed an applica-
tion for adjustment of status to permanent resi-
dent under the Immigration and Nationality
Act, and such 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-
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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 the Attorney Gen-
eral’s withholding of deportation pursuant to
section 243(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1253(h)); or
(E) an alien to whom section 305 of the
Immigration Reform and Control Act of 1986
applies but only to the extent that the legal as-
sistance provided is that described in such sec-
tion:
Provided, That an alien who is lawfully present in
the United States as a result of being granted condi-
tional entry pursuant to section 203(a)(7) of the Im-
migration and Nationality Act (8 U.S.C. 1153(a)(7))
before April 1, 1980, because of persecution or fear
of persecution on account of race, religion, or politi-
cal calamity shall be deemed, for purposes of this
section, to be an alien described in subparagraph
(C);
(12) that supports or conducts training pro-
grams for the purpose of advocating particular pub-
lic policies or encouraging political activities, labor
or anti-labor activities, boycotts, picketing, strikes,
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and demonstrations, including the dissemination of
information about such policies or activities, except
that this paragraph shall not be construed to pro-
hibit the training of attorneys or paralegal personnel
to prepare them to provide adequate legal assistance
to eligible clients or to advise any eligible client as
to the nature of the legislative process or inform any
eligible client of his or her rights under statute,
order, or regulation;
(13) that provides legal assistance with respect
to any fee-generating case: Provided, That for the
purposes of this paragraph the term ‘‘fee-generating
case’’ means any case which, if undertaken on behalf
of an eligible client by an attorney in private prac-
tice may reasonably be expected to result in a fee for
legal services from an award to a client from public
funds, from the opposing party, or from any other
source;
(14) that claims, or whose employees or clients
claim, or collect attorneys’ fees from nongovern-
mental parties to litigation initiated by such client
with the assistance of such recipient or its employ-
ees;
(15) that participates in any litigation with re-
spect to abortion;
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(16) that participates in any litigation on behalf
of a local, State, or Federal prisoner;
(17) that provides legal representation for any
person, or participates in any other way, in litiga-
tion, lobbying, or rulemaking involving efforts to re-
form a State or Federal welfare system, except that
this paragraph shall not preclude a recipient from
representing an individual client who is seeking spe-
cific relief from a welfare agency where such relief
does not involve an effort to amend or otherwise
challenge existing law;
(18) that defends a person in a proceeding to
evict that person from a public housing project if
that person has been charged with the illegal sale or
distribution of a controlled substance and if the evic-
tion proceeding is brought by a public housing agen-
cy because the illegal drug activity of that person
threatens the health or safety of other tenants resid-
ing in the public housing project or employees of the
public housing agency: Provided, That for the pur-
poses of this paragraph, the term ‘‘controlled sub-
stance’’ has the meaning given that term in section
102 of the Controlled Substances Act (21 U.S.C.
802): Provided further, That for the purposes of this
paragraph, the terms ‘‘public housing project’’ and
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‘‘public housing agency’’ have the meanings given
those terms in section 3 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437a);
(19) unless such person or entity agrees that it
and its employees will not accept employment result-
ing
from
in-person
unsolicited
advice
to
a
nonattorney that such nonattorney should obtain
counsel or take legal action: Provided, That such
person or entity or its employees receiving financial
assistance provided by the Corporation shall also
agree that such person or entity will not refer such
nonattorney to another person or entity or its em-
ployees that are receiving financial assistance pro-
vided by the Legal Services Corporation; or
(20) 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: Provided, That for such purposes the Cor-
poration shall be considered to be a Federal agency
and all funds provided by the Corporation shall be
considered to be Federal funds provided by grant or
contract.
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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 non-profit 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: Pro-
vided, That, upon enactment of Legal Services Corpora-
tion reauthorization legislation, funding provided in this
Act shall from that date be subject to the provisions of
that legislation and any provisions in this Act that are
inconsistent with that legislation shall no longer have ef-
fect.
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, $1,000,000.
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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, $250,000 $350,000.
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, $103,445,000
$105,257,000, of which
$3,600,000 are 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 secretariat for the International Organiza-
tion 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 gov-
ernmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to ex-
change views concerning developments relating to securi-
ties matters, development and implementation of coopera-
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tion agreements concerning securities matters and provi-
sion of technical assistance for the development of foreign
securities markets, such expenses to include necessary lo-
gistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at
such consultations and meetings including: (i) such inci-
dental expenses as meals taken in the course of such at-
tendance, (ii) any travel or transportation to or from such
meetings, and (iii) any other related lodging or subsist-
ence: 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 1 per centum to one twenty-ninth thirty-fourth
of 1 per centum 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 no
funds may be used for the Office of Investor Education and
Assistance, and that $1,500,000 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.
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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, $222,325,000 $197,903,000: Provided fur-
ther, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activi-
ties: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further 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), $8,750,000
$8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $5,000,000, and for the
cost of guaranteed loans, $146,710,000 $174,726,000, as
authorized by 15 U.S.C. 631 note, of which $1,700,000
$1,216,000, to be available until expended, shall be for the
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Microloan Guarantee Program, and of which $40,510,000
shall remain available until September 30, 1997: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $92,622,000
$77,600,000, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
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, $78,000,000 $62,400,000, which
may be transferred to and merged with the appropriations
for Salaries 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.
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ADMINISTRATIVE PROVISION PROVISIONS—SMALL
BUSINESS ADMINISTRATION
SEC. 508. 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
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.
SEC. 509. (1) Notwithstanding any other provision of
law, no funds appropriated under this Act may be used in
violation of this subsection.
(2) Notwithstanding section 8 of the Small Business
Act or any other provision of law, in carrying out sub-
sections (a) and (d) of section 8 of the Small Business Act,
the Administrator shall provide assistance only to qualified
small business concerns.
(3) As used in this subsection—
(A) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration.
(B) The term ‘‘area of pervasive poverty, unem-
ployment, and general economic distress’’ means an
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area that, based on the most recent decennial census
data available from the Bureau of the Census, meets
the following criteria—
(i) The unemployment rate for the area (as
determined by the appropriate available data) is
not less than 1.5 times the national unemploy-
ment rate, and
(ii) The poverty rate for the area (as deter-
mined by the most recent census data available)
for not less than 90 percent of the population
census tract (or where not tracted, the equivalent
county divisions as defined by the Bureau of the
Census for the purposes of defining poverty
areas) located entirely within the area is not less
than 20 percent.
(C) The term ‘‘small business concern’’ has the
same meaning as in section 3 of the Small Business
Act.
(D) Except as otherwise provided in this sub-
paragraph, the term ‘‘qualified business’’ means any
trade or business that is a qualified business under
the Small Business Act on the date of enactment of
this Act, except that such a business that fails to meet
the applicable location and employment requirements
under such Act shall not be a qualified business.
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(E) The term ‘‘qualified small business concern’’
means, with respect to any fiscal year of the small
business concern, any small business concern, if for
such year—
(i) every trade or business of such small
business concern is the active conduct of a quali-
fied business within an area of pervasive pov-
erty, unemployment, and general economic dis-
tress;
(ii) not less than 80 percent of the total
gross income of such small business concern is
derived from the active conduct of such business;
and
(iii) not less than 35 percent of the total
payroll of such small business concern is paid to
employees who are residents of an area of perva-
sive poverty, unemployment, and general eco-
nomic distress.
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,
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That not to exceed $2,500 shall be available for official re-
ception 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.
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-
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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-
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
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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-
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.
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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. LIMITATION ON THE USE OF FUNDS FOR
DIPLOMATIC FACILITIES
IN VIETNAM.—None of the
funds appropriated or otherwise made available by this
Act may be obligated or expended to pay for any cost in-
curred for (1) opening or operating any United States dip-
lomatic or consular post in the Socialist Republic of Viet-
nam that was not operating on July 11, 1995; (2) expand-
ing any United States diplomatic or consular post in the
Socialist Republic of Vietnam that was operating on July
11, 1995; or (3) increasing the total number of personnel
assigned to United States diplomatic or consular posts in
the Socialist Republic of Vietnam above the levels existing
on July 11, 1995.
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-
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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-
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.
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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-
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
Agency.
SEC. 614. (1) Notwithstanding any other provision of
law, no funds appropriated under this Act may be used in
violation of the provisions of paragraphs (2) and (3).
(2) Notwithstanding any other provision of law, nei-
ther the Federal Government nor any officer, employee, or
department or agency of the Federal Government—
(A) may intentionally discriminate against, or
may grant a preference to, any individual or group
based in whole or in part on race, color, national ori-
gin, or sex, in connection with—
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(i) a Federal contract or subcontract;
(ii) Federal employment; or
(iii) any other federally conducted program
or activity;
(B) may require or encourage any Federal con-
tractor or subcontractor to intentionally discriminate
against, or grant a preference to, any individual or
group based in whole or in part on race, color, na-
tional origin, or sex; or
(C) may enter into a consent decree that re-
quires, authorizes, or permits any activity prohibited
by subparagraph (A) or (B).
(3) Nothing in this subsection shall be construed to
prohibit or limit any effort by the Federal Government or
any officer, employee, or department or agency of the Fed-
eral Government—
(A) to recruit qualified women or qualified mi-
norities into an applicant pool for Federal employ-
ment or to encourage businesses owned by women or
by minorities to bid for Federal contracts or sub-
contracts, if such recruitment or encouragement does
not involve using a numerical objective, or otherwise
granting a preference, based in whole or in part on
race, color, national origin, or sex, in selecting any
individual or group for the relevant employment, con-
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tract or subcontract, benefit, opportunity, or program;
or
(B) to require or encourage any Federal contrac-
tor or subcontractor to recruit qualified women or
qualified minorities into an applicant pool for em-
ployment or to encourage businesses owned by women
or by minorities to bid for Federal contracts or sub-
contracts, if such requirement or encouragement does
not involve using a numerical objective, or otherwise
granting a preference, based in whole or in part on
race, color, national origin, or sex, in selecting any
individual or group for the relevant employment, con-
tract or subcontract, benefit, opportunity, or program.
(4)(A) Nothing in this subsection shall be construed to
prohibit or limit any Act that is designated to benefit an
institution that is a historically Black college or university
on the basis that the institution is a historically Black col-
lege or university.
(B) Nothing in this subsection shall be construed to
prohibit or limit any action taken—
(i) pursuant to a law enacted under the constitu-
tional papers of Congress relating to the Indian
tribes; or
(ii) under a treaty between an Indian tribe and
the United States.
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(C) Nothing in this subsection shall be construed to
prohibit or limit any classification based on sex if—
(i) sex is a bona fide occupational qualification
reasonably necessary to the normal operation of the
Federal Government entity or Federal contractor or
subcontractor involved;
(ii) the classification is designed to protect the
privacy of individuals; or
(iii)(I) the occupancy of the position for which
the classification is made, or access to the premises in
or on which any part of the duties of such position
is performed or is to be performed, is subject to any
requirement imposed in the interest of the national
security of the United States under any security pro-
gram in effect pursuant to or administered under any
Act or any Executive order of the President; or
(II) the classification is applied with respect to
a member of the Armed Forces serving on active duty
in a theatre of combat operations (as determined by
the Secretary of Defense).
(5)(A) In any action involving a violation of this sub-
section, a court may award only injunctive or equitable re-
lief (including but not limited to back pay), a reasonable
attorney’s fee, and costs.
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(B) Nothing in this paragraph shall be construed to
affect any remedy available under any other law.
(6)(A) This subsection shall not affect any case pend-
ing on the date of enactment of this Act.
(B) This subsection shall not affect any contract, sub-
contract, or consent decree in effect on the date of enactment
of this Act, including any option exercised under such con-
tract or subcontract before or after such date of enactment.
(7) This subsection does not prohibit or limit the avail-
ability of funds to implement a—
(A) court order or consent decree issued before
the date of enactment of this Act; or
(B) court order or consent decree that—
(i) is issued on or after the date of enact-
ment of this Act; and
(ii) provides a remedy based on a finding
or discrimination by a person to whom the order
applies.
(8) As used in this subsection—
(A) The term ‘‘Federal Government’’ means the
executive and legislative branches of the Government
of the United States.
(B) The term ‘‘grant a preference’’ means use of
any preferential treatment and includes but is not
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limited to any use of a quota, set-aside, numerical
goal, timetable, or other numerical objective.
(C) The term ‘‘historically Black college or uni-
versity’’ means a part B institution, as defined in
section 322(2) of the Higher Education Act of 1965
(920 U.S.C. 1061(2)).
SEC. 615. (1) This Act may be cited as the ‘‘Stop
Turning Out Prisoners Act’’.
(2) 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) LIMITATIONS ON PROSPECTIVE RELIEF.—
Prospective relief in a civil action with respect to
prison conditions shall extend no further than nec-
essary to remove the conditions that are causing the
deprivation of the Federal rights of individual plain-
tiffs in that civil action. The court shall not grant or
approve any prospective relief unless the court finds
that such relief is narrowly drawn and the least in-
trusive means to remedy the violation of the Federal
right. In determining the intrusiveness of the relief,
the court shall give substantial weight to any adverse
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impact on public safety or the operation of a crimi-
nal justice system caused by the relief.
‘‘(2) PRISON POPULATION REDUCTION RELIEF.—
In any civil action with respect to prison conditions,
the court shall not grant or approve any relief the
purpose or effect of which is to reduce or limit the
prison population, unless the plaintiff proves that
crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy that
deprivation.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) AUTOMATIC TERMINATION OF PROSPECTIVE
RELIEF AFTER 2-YEAR PERIOD.—In any civil action
with respect to prison conditions, any prospective re-
lief shall automatically terminate 2 years after the
later of—
‘‘(A) the date the court found the violation
of a Federal right that was the basis for the re-
lief; or
‘‘(B) the date of the enactment of the Stop
Turning Out Prisoners Act.
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE
RELIEF.—In any civil action with respect to prison
conditions, a defendant or intervenor shall be entitled
to the immediate termination of any prospective re-
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lief, if that relief was approved or granted in the ab-
sence of a finding by the court that prison conditions
violated a Federal right.
‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A) beginning on the 30th day after such
motion is filed, in the case of a motion made
under subsection (b); and
‘‘(B) beginning on the 180th day after such
motion is filed, in the case of a motion made
under any other law;
and ending on the date the court enters a final order
ruling on that motion.
‘‘(d) STANDING.—Any Federal, State, or local official
or unit of government—
‘‘(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject
to; or
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‘‘(2) who otherwise is or may be affected by;
any relief the purpose or effect of which is to reduce or limit
the prison population shall have standing to oppose the im-
position or continuation in effect of that relief and may
intervene in any proceeding relating to that relief. Standing
shall be liberally conferred under this subsection so as to
effectuate the remedial purposes of this section.
‘‘(e) SPECIAL MASTERS.—In any civil action in a
Federal court with respect to prison conditions, any special
master or monitor shall be a United States magistrate and
shall make proposed findings on the record on complicated
factual issues submitted to that special master or monitor
by the court, but shall have no other function. The parties
may not by consent extend the function of a special master
beyond that permitted under this subsection.
‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under sec-
tion 722 of the Revised Statutes of the United States (42
U.S.C. 1988) may be granted to a plaintiff in a civil action
with respect to prison conditions except to the extent such
fee is—
‘‘(1) directly and reasonably incurred in proving
an actual violation of the plaintiff’s Federal rights;
and
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‘‘(2) proportionally related to the extent the
plaintiff obtains court ordered relief for that viola-
tion.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘prison’ means any Federal, State,
or local facility that incarcerates or detains juveniles
or adults accused of, convicted of, sentenced for, or ad-
judicated delinquent for, violations of criminal law;
‘‘(2) the term ‘relief’ means all relief in any form
which may be granted or approved by the court, and
includes consent decrees and settlement agreements;
and
‘‘(3) the term ‘prospective relief’ means all relief
other than compensatory monetary damages.’’.
(3) APPLICATION OF AMENDMENT.—Section 3626 of
title 18, United States Code, as amended by this section,
shall apply with respect to all relief (as defined in such
section) whether such relief was originally granted or ap-
proved before, on, or after the date of the enactment of this
Act.
(4) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter C of chapter 229 of title 18,
United States Code, is amended by striking ‘‘crowding’’ and
inserting ‘‘conditions’’.
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TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $35,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
INFORMATION INFRASTRUCTURE GRANTS
(RESCISSION)
Of the unobligated balances available under this head-
ing, $36,769,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $152,993,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this head-
ing, $115,000,000 are rescinded.
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RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this head-
ing, $7,400,000 are rescinded.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996’’.
Passed the House of Representatives July 26, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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Calendar No. 184
104TH CONGRESS
1ST SESSION
H. R. 2076
[Report No. 104–139]
AN ACT
Making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and
related agencies for the fiscal year ending Sep-
tember 30, 1996, and for other purposes.
JULY 27 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on
Appropriations
SEPTEMBER 12 (legislative day, SEPTEMBER 5), 1995
Reported with amendments