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GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 114. (a) GRANT PROGRAM.—Subtitle A of title
II of the Violent Crime and Law Enforcement Act of 1994
is amended to read as follows:
‘‘Subtitle A—Violent Offender In-
carceration and Truth-in-Sen-
tencing Incentive Grants
‘‘SEC. 20101. DEFINITIONS.
‘‘As used in this subtitle—
‘‘(1) the term ‘‘indeterminate sentencing’ means
a system by which—
‘‘(A) the court may impose a sentence of
a range defined by statute; and
‘‘(B) an administrative agency, generally
the parole board, or the court, controls release
within the statutory range;
‘‘(2) the term ‘part 1 violent crime’ means mur-
der and nonnegligent manslaughter, forcible rape,
robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the
Uniform Crime Reports; and
‘‘(3) the term ‘State’ means a State of the
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United
States.
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‘‘SEC. 20102. AUTHORIZATION OF GRANTS.
‘‘(a) IN GENERAL.—The Attorney General shall pro-
vide grants to eligible States—
‘‘(1) to build or expand correctional facilities to
increase the prison bed capacity for the confinement
of persons convicted of a part 1 violent crime or ad-
judicated delinquent for an act which if committed
by an adult, would a part 1 violent crime;
‘‘(2) to build or expand temporary or perma-
nent correctional facilities, including facilities on
military bases, prison barges, and boot camps, for
the confinement of convicted nonviolent offenders
and criminal aliens, for the purpose of freeing suit-
able existing prison space for the confinement of
persons convicted of a part 1 violent crime; and
‘‘(3) to build or expand jails.
‘‘(b) REGIONAL COMPACTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
States may enter into regional compacts to carry out
this subtitle. Such compacts shall be treated as
States under this subtitle.
‘‘(2) REQUIREMENT.—To be recognized as a re-
gional compact for eligibility for a grant under sec-
tion 20103 or 20104, each member State must be
eligible individually.
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‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No
State may receive a grant under this subtitle both
individually and as part of a compact.
‘‘(c) LIMITATIONS.—
‘‘(1) Except as provided in paragraph (2), an
eligible State may receive either a general grant
under section 20103 or a truth-in-sentencing incen-
tive grant under section 20104.
‘‘(2) EXCEPTION.—An eligible State may re-
ceive a grant under both sections 20103 and 20104
if the amount that such State is eligible to receive
under section 20103 in a year equals or exceeds the
amount that such State is eligible to receive under
section 20104 for that year.
‘‘(d) APPLICABILITY.—Notwithstanding the eligi-
bility requirements of sections 20103 and 20104, a State
that certifies to the Attorney General that, as of the date
of enactment of the Department of Justice Appropriations
Act, 1996, such State has enacted legislation in reliance
on subtitle A of title II of the Violent Crime Control and
Law Enforcement Act, as enacted on September 13, 1994,
and would in fact qualify under those provisions, shall be
eligible to receive a grant for fiscal year 1996 as though
such State qualifies under sections 20103 or 20104 of this
subtitle.
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‘‘SEC. 20103. GENERAL GRANTS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this section, a State shall submit an application to
the Attorney General that provides assurances that such
State has, since 1993—
‘‘(1) increased the percentage of persons con-
victed of a part 1 violent crime sentenced to prison;
‘‘(2) increased the average prison time actually
to be served in prison by persons convicted of a part
1 violent crime sentenced to prison; and
‘‘(3) increased the average percentage of time
of the sentence to be actually served in prison by
persons convicted of a part 1 violent crime and sen-
tenced to prison.
‘‘(b) INDETERMINATE SENTENCING EXCEPTION.—
Notwithstanding subsection (a), a State shall be eligible
for a grant under this section if such State submits an
application to the Attorney General that provides assur-
ances that the State on the date of the enactment of the
Departments of Commerce, Justice, and State, the Judici-
ary and Related Agencies Appropriations Act, 1996—
‘‘(1) practices indeterminate sentencing with re-
gard to any part 1 violent crime; and
‘‘(2) since 1993 the State has increased—
‘‘(A) the percentage of persons convicted of
a part 1 violent crime sentenced to prison; and
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‘‘(B) the average time served in the State
for the offenses of murder, rape, and robbery
under the State’s sentencing and release guide-
lines for such offenses.
‘‘SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
‘‘(a) ELIGIBILITY.—To be eligible to receive a grant
under this section, a State shall submit an application to
the Attorney General that provides assurances that—
‘‘(1) such State has implemented truth-in-sen-
tencing laws that require persons convicted of a part
1 violent crime to serve not less than 85 percent of
the sentence imposed (not counting time not actually
served, such as administrative or statutory incentives
for good behavior);
‘‘(2) such State has truth-in-sentencing laws
that have been enacted, but not yet implemented,
that require such State, not later than 3 years after
such State submits an application to the Attorney
General, to provide that persons convicted of a part
1 violent crime serve not less than 85 percent of the
sentence imposed; or
‘‘(3) if, in the case of a State that on the date
of enactment of the Departments of Commerce, Jus-
tice, and State, the Judiciary and Related Agencies
Appropriations Act, 1996, practices indeterminate
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sentencing with regard to any part 1 violent crime,
such State demonstrates that the average time
served for part 1 violent crimes in the State equals
at least 85 percent of the sentences established for
such crimes under the State’s sentencing and release
guidelines (not counting time not actually served,
such as administrative or statutory incentives for
good behavior).
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a
State may provide that the Governor of the State may
allow for the earlier release of—
‘‘(1) a geriatric prisoner; or
‘‘(2) a prisoner whose medical condition pre-
cludes the prisoner from posing a threat to the pub-
lic, but only after a public hearing in which rep-
resentatives of the public and the prisoner’s victims
have had an opportunity to be heard regarding a
proposed release.
‘‘SEC. 20105. SPECIAL RULES.
‘‘(a) SHARING
OF FUNDS WITH COUNTIES
AND
OTHER UNITS OF LOCAL GOVERNMENT.—
‘‘(1) RESERVATION.—Each State shall reserve
not more than 15 percent of the amount of funds al-
located in a fiscal year pursuant to section 20106
for counties and units of local government to con-
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struct, develop, expand, modify, or improve jails and
other correctional facilities.
‘‘(2) 
FACTORS
FOR
DETERMINATION
OF
AMOUNT.—To determine the amount of funds to be
reserved under this subsection, a State shall consider
the burden placed on a county or unit of local gov-
ernment that results from the implementation of
policies adopted by the State to carry out sections
20103 and 20104.
‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to
receive a grant under section 20103 or 20104, a State
shall provide assurances to the Attorney General that the
State has implemented or will implement not later than
18 months after the date of the enactment of this subtitle
policies that provide for the recognition of the rights and
needs of crime victims.
‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwith-
standing any other provision of this subtitle, if a State,
or unit of local government located in a State that other-
wise meets the requirements of sections 20103 or 20104,
certifies to the Attorney General that exigent cir-
cumstances exist that require the State to expend funds
to confine juvenile offenders, the State may use funds re-
ceived under this subtitle to build or expand juvenile cor-
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Federal Bureau of Investigation for the 3 years
preceding the year in which the determination
is made.
‘‘(B) UNAVAILABLE
DATA.—If data re-
garding part 1 violent crimes in any State is
unavailable for the 3 years preceding the year
in which the determination is made or substan-
tially inaccurate, the Attorney General shall uti-
lize the best available comparable data regard-
ing the number of violent crimes for the pre-
vious year for the State for the purposes of allo-
cation of funds under this subtitle.
‘‘(4) REGIONAL
COMPACTS.—In determining
the funds that States organized as a regional com-
pact may receive, the Attorney General shall first
apply the formula in either paragraph (1) or (2) and
(3) of this section to each member State of the com-
pact. The States organized as a regional compact
may receive the sum of the amounts so determined.
‘‘SEC. 20107. ACCOUNTABILITY.
‘‘(a) FISCAL REQUIREMENTS.—A State that receives
funds under this subtitle shall use accounting, audit, and
fiscal procedures that conform to guidelines prescribed by
the Attorney General, and shall ensure that any funds
used to carry out the programs under section 20102(a)
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shall represent the best value for the State governments
at the lowest possible cost and employ the best available
technology.
‘‘(b) ADMINISTRATIVE PROVISIONS.—The adminis-
trative provisions of sections 801 and 802 of the Omnibus
Crime Control and Safe Streets Act of 1968 shall apply
to the Attorney General under this subtitle in the same
manner that such provisions apply to the officials listed
in such sections.
‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATIONS.—There are authorized
to be appropriated to carry out this subtitle—
‘‘(A) $997,500,000 for fiscal year 1996;
‘‘(B) $1,330,000,000 for fiscal year 1997;
‘‘(C) $2,527,999,000 for fiscal year 1998;
‘‘(D) $2,660,000,000 for fiscal year 1999;
and
‘‘(E) $2,753,100,000 for fiscal year 2000.
‘‘(2) DISTRIBUTION.—
‘‘(A) IN
GENERAL.—Subject to section
20109, and except as provided in subparagraph
(B), of the amount appropriated pursuant to
paragraph (1)—
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‘‘(i) one-third of such amount shall be
allocated pursuant to section 20106 to eli-
gible states under section 20103; and
‘‘(ii) two-thirds of such amount shall
be allocated pursuant to section 20106 to
eligible states under section 20104.
‘‘(B) ADDITIONAL FUNDS.—Subject to sec-
tion 20109, if the amount appropriated pursu-
ant to paragraph (1) exceeds $750,000,000—
‘‘(i) half of such amount shall be allo-
cated pursuant to section 20106 to eligible
States under section 20103; and
‘‘(ii) half of such amount shall be allo-
cated pursuant to section 20106 to eligible
States under section 20104.
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Except as provided in
section 20111, funds made available pursuant to this
section shall be used only to carry out the purposes
described in section 20102(a).
‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds
made available pursuant to this section shall not be
used to supplant State funds, but shall be used to
increase the amount of funds that would, in the ab-
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sence of Federal funds, be made available from
State sources.
‘‘(3) ADMINISTRATIVE COSTS.—Not more than
3 percent of the funds made available pursuant to
this section shall be used for administrative costs.
‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds
appropriated pursuant to this section during any fis-
cal year shall remain available until expended.
‘‘(5) MATCHING FUNDS.—The Federal share of
a grant received under this subtitle may not exceed
90 percent of the costs of a proposal as described in
an application approved under this subtitle.
‘‘SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL
LANDS.
‘‘(a) RESERVATION
OF FUNDS.—Notwithstanding
any other provision of this subtitle, from amounts appro-
priated under section 20108 to carry out sections 20103
and 20104, the Attorney General shall reserve, to carry
out this section—
‘‘(1) 0.3 percent in each of fiscal years 1996
and 1997; and
‘‘(2) 0.2 percent in each of fiscal years 1998,
1999, and 2000.
‘‘(b) GRANTS
TO
INDIAN
TRIBES.—From the
amounts reserved under subsection (a), the Attorney Gen-
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eral may make grants to Indian tribes for the purposes
of constructing jails on tribal lands for the incarceration
of offenders subject to tribal jurisdiction.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant
under this section, an Indian tribe shall submit to the At-
torney General an application in such form and containing
such information as the Attorney General may by regula-
tion require.
‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCAR-
CERATION OF CRIMINAL ALIENS.
‘‘(a) IN GENERAL.—The Attorney General shall
make a payment to each State which is eligible under sec-
tion 242(j) of the Immigration and Nationality Act and
which meets the eligibility requirements of section 20104,
in such amount as is determined under section 242(j) and
for which payment is not made to such State for such fis-
cal year under such section.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—Not-
withstanding any other provision of this subtitle, there are
authorized to be appropriated to carry out this section
from amounts authorized under section 20108, an amount
which when added to amounts appropriated to carry out
section 242(j) of the Immigration and Nationality Act for
fiscal year 1996 equals $500,000,000 and for each of the
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fiscal years 1997 through 2000 does not exceed
$650,000,000.
‘‘(c) REPORT TO CONGRESS.—Not later than May
15, 1999, the Attorney General shall submit a report to
the Congress which contains the recommendation of the
Attorney General concerning the extension of the program
under this section.
‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-
FEDERAL INSTITUTIONS.
‘‘(a) IN GENERAL.—The Attorney General may make
payments to States and units of local government for the
purposes authorized in section 4013 of title 18, United
States Code.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—Not-
withstanding any other provision of this subtitle, there are
authorized to be appropriated from amounts authorized
under section 20108 for each fiscal years 1996 through
2000 such sums as may be necessary to carry out this
section.
‘‘SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
‘‘Beginning on July 1, 1996, and each July 1 there-
after, the Attorney General shall report to the Congress
on the implementation of this subtitle, including a report
on the eligibility of the States under sections 20103 and
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20104, and the distribution and use of funds under this
subtitle.’’.
(b) PREFERENCE IN PAYMENTS.—Section 242(j)(4)
of the Immigration and Nationality Act (8 U.S.C.
1252(j)(4)) is amended by adding at the end the following:
‘‘(C) in carrying out paragraph (1)(A), the
Attorney General shall give preference in mak-
ing payments to States and political subdivi-
sions of States which are ineligible for pay-
ments under section 20110 of the Violent Crime
Control and Law Enforcement Act of 1994.’’.
(c) CONFORMING AMENDMENTS.—
(1) OMNIBUS
CRIME
CONTROL
AND
SAFE
STREETS ACT OF 1968.—
(A) PART V.—Part V of title I of the Om-
nibus Crime Control and Safe Streets Act of
1968 is repealed.
(B) FUNDING.—
(i) Section 1001(a) of the Omnibus
Crime Control and Safe Streets Act of
1968 is amended by striking paragraph
(20).
(ii) Notwithstanding the provisions of
subparagraph (A), any funds that remain
available to an applicant under paragraph
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(20) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 shall be
used in accordance with part V of such Act
as if such Act was in effect on the day pre-
ceding the date of enactment of this Act.
(2) VIOLENT CRIME CONTROL AND LAW EN-
FORCEMENT ACT OF 1994.—
(A) TABLE OF CONTENTS.—The table of
contents of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by strik-
ing the matter relating to title V.
(B) COMPLIANCE.—Notwithstanding the
provisions of paragraph (1), any funds that re-
main available to an applicant under title V of
the Violent Crime Control and Law Enforce-
ment Act of 1994 shall be used in accordance
with such subtitle as if such subtitle was in ef-
fect on the day preceding the date of enactment
of this Act.
(C) TRUTH-IN-SENTENCING.—The table of
contents of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by strik-
ing the matter relating to subtitle A of title II
and inserting the following:
‘‘SUBTITLE A—TRUTH-IN-SENTENCING GRANTS
‘‘Sec. 20101. Definitions.
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‘‘Sec. 20102. Authorization of Grants.
‘‘Sec. 20103. General Grants.
‘‘Sec. 20104. Truth-in-sentencing incentive grants.
‘‘Sec. 20105. Special rules.
‘‘Sec. 20106. Formula for grants.
‘‘Sec. 20107. Accountability.
‘‘Sec. 20108. Authorization of appropriations.
‘‘Sec. 20109. Payments for Incarceration on Tribal Lands.
‘‘Sec. 20110. Payments to States for Incarceration of Criminal Aliens.
‘‘Sec. 20111. Support of Federal Prisoners in Non-Federal Institutions.
‘‘Sec. 20112. Report by the Attorney General.’’.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1996’’.
TITLE II—DEPARTMENT OF COMMERCE AND
RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United
States Trade Representative, including the hire of pas-
senger motor vehicles and the employment of experts and
consultants as authorized by 5 U.S.C. 3109, $20,889,000,
of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available
for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles
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and services as authorized by 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation ex-
penses, $40,000,000, to remain available until expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
and engaging in trade promotional activities abroad, in-
cluding expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms,
without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of
the United States and Foreign Commercial Service be-
tween two points abroad, without regard to 49 U.S.C.
1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improve-
ment; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign coun-
tries; not to exceed $327,000 for official representation
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expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000 per vehicle; ob-
tain insurance on official motor vehicles; and rent tie lines
and teletype equipment; $264,885,000, to remain avail-
able until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
rying out these activities without regard to 15 U.S.C.
4912; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cul-
tural Exchange Act shall include payment for assessments
for services provided as part of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Com-
merce, including costs associated with the performance of
export administration field activities both domestically and
abroad; full medical coverage for dependent members of
immediate families of employees stationed overseas; em-
ployment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improve-
ment; payment of tort claims, in the manner authorized
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in the first paragraph of 28 U.S.C. 2672 when such claims
arise in foreign countries; not to exceed $15,000 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of
1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor vehi-
cles for law enforcement use with special requirement vehi-
cles eligible for purchase without regard to any price limi-
tation otherwise established by law; $38,604,000, to re-
main available until expended: Provided, That the provi-
sions of the first sentence of section 105(f) and all of sec-
tion 108(c) of the Mutual Educational and Cultural Ex-
change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted
for materials or services provided as part of such activities
may be retained for use in covering the cost of such activi-
ties, and for providing information to the public with re-
spect to the export administration and national security
activities of the Department of Commerce and other ex-
port control programs of the United States and other gov-
ernments.
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ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as
provided by the Public Works and Economic Development
Act of 1965, as amended, Public Law 91–304, and such
laws that were in effect immediately before September 30,
1982, and for trade adjustment assistance, $328,500,000:
Provided, That none of the funds appropriated or other-
wise made available under this heading may be used di-
rectly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by
the Economic Development Administration: Provided fur-
ther, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance
for projects to be located on military installations closed
or scheduled for closure or realignment to grantees eligible
for assistance under the Public Works and Economic De-
velopment Act of 1965, as amended, without it being re-
quired that the grantee have title or ability to obtain a
lease for the property, for the useful life of the project,
when in the opinion of the Secretary of Commerce, such
financial assistance is necessary for the economic develop-
ment of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title
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to land on military installations closed or scheduled for
closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the eco-
nomic development assistance programs as provided for by
law, $20,000,000: Provided, That these funds may be used
to monitor projects approved pursuant to title I of the
Public Works Employment Act of 1976, as amended, title
II of the Trade Act of 1974, as amended, and the Commu-
nity Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority
business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $32,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $45,900,000, to remain available until Sep-
tember 30, 1997.
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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, $133,812,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statis-
tics for periodic censuses and programs provided for by
law, $150,300,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of
the National Telecommunications and Information Ad-
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ministration, $17,000,000, to remain available until ex-
pended: 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, en-
gineering, and related activities by the Institute for Tele-
communication Sciences of the NTIA in furtherance of its
assigned functions under this paragraph and such funds
received from other Government agencies shall remain
available until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $15,500,000, to re-
main available until expended as authorized by section 391
of the Act, as amended: Provided, That not to exceed
$2,200,000 shall be available for program administration
as authorized by section 391 of the Act: Provided further,
That notwithstanding the provisions of section 391 of the
Act, the prior year unobligated balances may be made
available for grants for projects for which applications
have been submitted and approved during any fiscal year.
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INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $21,500,000, to re-
main available until expended as authorized by section 391
of the Act, as amended: Provided, That not to exceed
$3,000,000 shall be available for program administration
and other support activities as authorized by section 391
of the Act including support of the Advisory Council on
National Information Infrastructure: Provided further,
That of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That notwithstanding the requirements of section 392(a)
and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks
for the provision of educational, cultural, health care, pub-
lic information, public safety or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark
Office provided for by law, including defense of suits insti-
tuted against the Commissioner of Patents and Trade-
marks; $82,324,000, to remain available until expended:
Provided, That the funds made available under this head-
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ing are to be derived from deposits in the Patent and
Trademark Office Fee Surcharge Fund as authorized by
law: Provided further, That the amounts made available
under the Fund shall not exceed amounts deposited; and
such fees as shall be collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, shall remain available until
expended.
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $259,000,000, to remain
available until expended, of which not to exceed
$8,500,000 may be transferred to the ‘‘Working Capital
Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership of the National Institute of Standards
and Technology, $80,000,000, to remain available until
expended, of which not to exceed $500,000 may be trans-
ferred to the ‘‘Working Capital Fund’’: Provided, That
none of the funds made available under this heading in
this or any other Act may be used for the purposes of
carrying out additional program competitions under the
Advanced Technology Program: Provided further, That
any unobligated balances available from carryover of prior
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year appropriations under the Advanced Technology Pro-
gram may be used only for the purposes of providing con-
tinuation grants.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the Na-
tional Institute of Standards and Technology, as author-
ized by 15 U.S.C. 278c–278e, $60,000,000, to remain
available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law
for the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 358 commissioned officers on the
active list; grants, contracts, or other payments to non-
profit organizations for the purposes of conducting activi-
ties pursuant to cooperative agreements; and alteration,
modernization, and relocation of facilities as authorized by
33 U.S.C. 883i; $1,795,677,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302
but consistent with other existing law, fees shall be as-
sessed, collected, and credited to this appropriation as off-
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setting collections to be available until expended, to re-
cover the costs of administering aeronautical charting pro-
grams: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as such
additional fees are received during fiscal year 1996, so as
to result in a final general fund appropriation estimated
at not more than $1,792,677,000: Provided further, That
any such additional fees received in excess of $3,000,000
in fiscal year 1996 shall not be available for obligation
until October 1, 1996: Provided further, That fees and do-
nations received by the National Ocean Service for the
management of the national marine sanctuaries may be
retained and used for the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302:
Provided further, That in addition, $63,000,000 shall be
derived by transfer from the fund entitled ‘‘Promote and
Develop Fishery Products and Research Pertaining to
American Fisheries’’: Provided further, That grants to
States pursuant to sections 306 and 306(a) of the Coastal
Zone Management Act, as amended, shall not exceed
$2,000,000.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to 16 U.S.C. 1456a,
not to exceed $7,800,000, for purposes set forth in 16
U.S.C. 1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and
16 U.S.C. 1461(e).
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CONSTRUCTION
For repair and modification of, and additions to, ex-
isting facilities and construction of new facilities, and for
facility planning and design and land acquisition not oth-
erwise provided for the National Oceanic and Atmospheric
Administration, $50,000,000, to remain available until ex-
pended.
FLEET MODERNIZATION, SHIPBUILDING AND
CONVERSION
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related equip-
ment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration,
$8,000,000, to remain available until expended.
FISHING VESSEL AND GEAR DAMAGE COMPENSATION
FUND
For carrying out the provisions of section 3 of Public
Law 95–376, not to exceed $1,032,000, to be derived from
receipts collected pursuant to 22 U.S.C. 1980 (b) and (f),
to remain available until expended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public
Law 95–372, not to exceed $999,000, to be derived from
receipts collected pursuant to that Act, to remain available
until expended.
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FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions
of the Atlantic Tunas Convention Act of 1975, as amend-
ed (Public Law 96–339), the Magnuson Fishery Conserva-
tion and Management Act of 1976, as amended (Public
Law 100–627) and the American Fisheries Promotion Act
(Public Law 96–561), there are appropriated from the
fees imposed under the foreign fishery observer program
authorized by these Acts, not to exceed $196,000, to re-
main available until expended.
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans author-
ized by the Merchant Marine Act of 1936, as amended,
$250,000: Provided, That none of the funds made avail-
able under this heading may be used to guarantee loans
for any new fishing vessel that will increase the harvesting
capacity in any United States fishery.
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF
TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $5,000,000.
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GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administra-
tion of the Department of Commerce provided for by law,
including not to exceed $3,000 for official entertainment,
$29,100,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App. 1–11
as amended by Public Law 100–504), $19,849,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this
heading, $75,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the
activities specified in the Act of October 26, 1949 (15
U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the
Secretary that such payments are in the public interest.
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SEC. 202. During the current fiscal year, appropria-
tions made available to the Department of Commerce by
this Act for salaries and expenses shall be available for
hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.
3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 203. None of the funds made available by this
Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force
Reserve.
SEC. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Depart-
ment of Commerce shall be available to reimburse the Un-
employment Trust Fund or any other fund or account of
the Treasury to pay for any expenses paid before October
1, 1992, as authorized by section 8501 of title 5, United
States Code, for services performed after April 20, 1990,
by individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the 1990
decennial census of population.
SEC. 205. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Commerce in this Act may be transferred be-
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tween such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such trans-
fers: Provided, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 206. (a) Should legislation be enacted to dis-
mantle or reorganize the Department of Commerce, the
Secretary of Commerce, no later than 90 days thereafter,
shall submit to the Committees on Appropriations of the
House and the Senate a plan for transferring funds pro-
vided in this Act to the appropriate successor organiza-
tions: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for
agencies or programs terminated under such legislation:
Provided further, That such plan shall be transmitted in
accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate
head of any successor organization(s) may use any avail-
able funds to carry out legislation dismantling or reor-
ganizing the Department of Commerce to cover the costs
of actions relating to the abolishment, reorganization or
transfer of functions and any related personnel action, in-
cluding voluntary separation incentives if authorized by